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AGENDA REPORT
Meeting Date: December 13, 2022Item Number:
To: Honorable Mayor & City Council
From: George Chavez, City Manager
Subject: AMENDMENT NO. 1 TO AGREEMENT NO. 64-21 BETWEEN THE
CITY OF BEVERLY HILLS AND RICHARDS, WATSON & GERSHON,
A PROFESSIONAL CORPORATION, FOR LEGAL SERVICES.
Attachments: 1. Original Agreement
2. Amendment No. 1
RECOMMENDATION
Staff recommends the City Council approve an amendment to the existing agreement with Richards, Watson & Gerson (RWG) to extend the City Attorney contract by four years and to alter the annual adjustment to be equivalent to the Consumer Price Index with a cap of 8%.
INTRODUCTION
With the upcoming transition of the City Manager, the City Council would like to ensure that there is continuity in the City Attorney position. The contract amendment will ensure continuity and provides that Larry Wiener will remain as City Attorney. Even with this amendment, the City Council may terminate the agreement on thirty days’ notice.
DISCUSSION
The attached contract amendment is designed to ensure the continuity of services from the City Attorney’s office. This amendment would make two changes to the CityAttorney’s contract. First, this amendment would extend the contract by four years. The contract is currently scheduled to expire in April 2024. (However, the amendment would
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Meeting Date: December 13, 2022
not change the provision which allows the City to terminate the contract on thirty days’notice.) Second, it would change the annual adjustment to the Consumer Price Index with a cap of 8%. Previously, the contract provided for an annual increase of 2%.
FISCAL IMPACT
There will be no fiscal impact during the current fiscal year. In future fiscal years the fiscal impact of the contract will be dependent on the change in the Consumer Price Index and will be incorporated into the budget.
George Chavez
City Manager
Approved By
Attachment
1 DocuSign Envelope ID: FDF1 9F1 3-DCE5-4D82-92A-B95R97E88O8D AGREEMENT NO. 64-21
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLSAND RICHARDS, WATSON & GERSHON, APROFESSIONAL CORPORATION, FOR LEGAL
SERVICES
THIS AGREEMENT is entered into in the City of Beverly Hills between the City of Beverly Hills, a municipal corporation (“City”) and the law firm of Richards, Watson & Gershon. a professional corporation (“Attorney”).
WHEREAS, the City wishes to continue to retain Attorney to discharge the duties of the office of City Attorney and to designate a member of Attorney as City Attorney of the City; and WHEREAS, Attorney wishes to continue to discharge the duties of the office of City Attorney;
NOW THEREFORE, the parties agree as follows:Section 1. Services. Attorney shall provide the following services A. General City Attorney Services. Attorney shall discharge the duties of the office ofthe City Attorney ofCity and use its best efforts to provide such services in a professional, thorough, and competent manner. Attorney shall provide all legal services to City of the type generally provided by an in-house City Attorney’s office to a city, unless specifically exempted by this Agreement or specifically excused in writing by City. Services shall include, but not belimited to:
1. Provide legal assistance to the City Council, various Commissions (including, without limitation, Planning, Architectural, Traffic and Parking, and Cultural Heritage), the City Manager, and staff.
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2. Attend all City Council and Planning Commission meetings.
Attorney shall not be required to regularly attend other commission, committee, or board meetings.
3. Administer contracts that the City may have with other legal counsel.
4. Supervise clerical staff
5. Provide attorneys on-site as needed.
6. Prepare legal opinions, resolutions, and ordinances.7. Monitor the handling of liability cases by outside legal counsel and prepare a regular status report for the City Council on all pending liability cases.
B. Administrative Staffing. Attorney shall provide administrative personnel as appropriate to maintain the presence of a City Attorney’s Office in Beverly Hills City Hall.
C. Additional Services. In addition to the General Services and Administrative Staff provided pursuant to subsections A and B, Attorney shall provide the following additional services:
1. Civil litigation.
2. Employment law services.3. Special environmental law services involving hazardous waste issues, the Clean Water Act, the Clean Air Act and similar environmental statutes.
4. Special legal services concerning water rights and related issues. -2-
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5. Legal services related to development applications requesting legislative changes where the developer is reimbursing the City for legal expenses.
6. Matters deemed by the parties to be outside the scope of services generally provided by an in-house city attorney office and which therefore should be referred to outside counsel or retained to be handled by Attorney for additional compensation outside of this Agreement.
7. Rent Control Services
D. Services Excluded. Attorney shall not be required to provide the following services:
1. Litigation involving alleged Civil Rights Act violations or other tortious conduct committed by members of City’s Police Department.
2. Criminal prosecution and code enforcement services.
3. Workers’ Compensation services.
4. Bond Counsel.
5. Any other matter that the City presently considers outside the scope of this Agreement.
E. Services Excluded due to Budget Reductions. In conjunction with a reduction in compensation for general services, Attorney shall not be required to provide the following services on and after July 1, 2009:
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1. Review and handling of public records requests and subpoenas that are served on the City;
2. Handling and processing of creditor claims in bankruptcy matters (e.g., submitting a claim for unpaid taxes or utility charges);
3. Review and revision of Design Review Commission resolutions;
4. Review of executed form covenants, encroachment permits, and similar items; and
5. Review and handling of contracts that are approved at the stafflevel.
Section 2. Consideration. Attorney shall be paid a monthly retainer in the sum of One Hundred Thousand Seven Hundred Dollars ($100,700) for General Services and Administrative Staffing rendered pursuant to subsections A and B of Section 1 of this Agreement. Beginning on July 1, 2022, Attorney shall be paid a monthly retainer in the sum of One Hundred Eight Thousand Seven Hundred Fifty Dollars ($108,750) for General Services and Administrative Staffing rendered pursuant to subsections A and B of Section 1 of this Agreement. Beginning July 1, 2023Attorney shall be paid a monthly retainer in the sum of One Hundred Ten Thousand Nine Hundred Twenty Five Dollars ($110,925) for General Services and Administrative Staffing rendered pursuant to subsections A and B of Section 1 of this Agreement. Attorney shall be compensated for Additional Services in accordance with Exhibit A. If the City desires to engage Attorney to provide services excluded from this Agreement pursuant to subsection D of Section 1, the Citymay direct Attorney in writing to provide such services at a rate agreed upon by the City andAttorney and such work shall be otherwise governed by the provisions of this Agreement. If the -4-
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DocuSign Envelope ID: FDF1 9F1 3-DCE5-4D82-9B2A-B95B97E8808D City desires to have Attorney provide services excluded due to budget reductions pursuant tosubsection E of Section 1, Attorney shall provide such services at the rate of one hundred seventy five dollars ($175) per hour. This rate shall be increased by the same percentage and at the same time as the retainer for General Services and Administrative Staffing provided above.
City shall reimburse Attorney for actual expenses reasonably incurred in the performance of legal services under this Agreement for long distance telephone calls, court costs, legal research services, services of process, messengers, deliveries, postage, and other similar services incidental to the performance of this Agreement. City shall not reimburse Attorney for word processing and document preparation costs. City and Attorney agree that Attorney shall be reimbursed no morethan one dollar ($1.00) per page for facsimiles, with a maximum charge of Forty-Five Dollars($45.00) for any individual facsimile transmission, and no more than five cents (50) per page for photocopies. Provided further that City shall not be charged for facsimile or copying charges inconnection with the provision of General Services pursuant to Section 1 of this Agreement.
Attorney shall send a monthly statement for services rendered during the previous month and for expenses incurred on the City’s account. The monthly statement shall describe the natureof the work performed, the attorney performing the work and the time spent for each task as well as the nature of any fees and expenses incurred.
Section 3. The term of this Agreement shall commence on July 1,2021, and shall expire on April 1, 2024.
Section 4. Indemnification. Attorney shall indemnify, defend, and hold harmless City, City Council, its officers, agents, and employees, from any and all claims or losses resulting from -5-
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DocuSign Envelope ID: FDF 1 9F1 3-DCE5-4D82-9B2A-B95B97E8808D physical injury or property damage arising from the wrongful or negligent action or inaction of Attorney or any person employed by Attorney in the performance of this Agreement.
Section 5. Insurance.
Attorney shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection withthe performance of the work by Attorney, its agents, representatives, or employees. Insurance shall be of the type, in the amounts, and subject to, the provisions described below.
A. Commercial general liability coverage at least as broad as Insurance Services Office Commercial General Liability occurrence coverage (“occurrence” form CG0001, Ed. 11/88) with a minimum limit of $2,000,000 per occurrence. If the insurance includes a generalaggregate limit, that limit shall apply separately to this contract or it shall be at least twice the required per-occurrence limit.
B. Workers’ Compensation insurance as required by the State of California.
C. Professional Liability Insurance with a minimum limit of ten million dollars ($10,000,000). Such insurance may be subject to a self-insured retention or deductible tobe borne entirely by Attorney which shall not exceed Two Hundred Fifty Thousand Dollars($250,000) per occurrence.
D. A policy or policies ofComprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000)per occurrence combined single limit, covering any vehicle utilized by Attorney in performing any professional services under this Agreement.
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DocuSign Envelope ID: FDF1 9F 1 3-DCE5-4D82-9B2A-B95B97E8808D E. Evidence of Coverage:
1. Within 14 days after approval of this Agreement by the City, Attorney shall file with the City certificates of insurance with original endorsements evidencingcoverage in compliance with this Agreement on the City’s standard proof of insurance fomi,attached hereto as Exhibit B.
2. Attorney shall make the insurance policies required by this Agreement, including all endorsements and riders, available to the City for inspection at Attorney’soffice during regular business hours.
3. During the term of this Agreement, Attorney shall maintain with City current valid proof of insurance coverage. Proof of renewals shall be filed prior to expiration of any required coverage and shall be provided on the City’s standard proof of insurance form, Exhibit B, attached hereto.
4. Failure to submit any required evidence of insurance within the required time period shall be cause for termination.
5. In the event Attorney does not maintain current, valid, evidence of insurance on file with City, City may, at its option, withhold payment of any moneys owed to Attorney, or which it subsequently owes to Attorney, until proper proof is filed.
6. All insurance coverage shall be provided by insurers satisfactory to the City and with a rating of B+;V1I or better in the most recent edition of Best’s Key RatingGuide, Property-Casualty Edition. -7-
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7. Each insurance policy, except for professional liability which has a no cancellation clause, shall be endorsed to state that coverage shall not be suspended, voided orcanceled and shall not be reduced in coverage or limits except after 30 days prior written notice provided to the City. Upon prior request of the carrier, the notice period may be reduced to 10days in the event of non-payment of premium.
8. Attorney’s insurance and any insurance provided in compliance with Agreement, shall be primary with respect to any insurance or self-insurance programs covering the City, its City Council and any officer, agent or employee of City.
9. Where available, the insurer shall agree to waive all rights of subrogation against the City, its City Council and every officer, agent, and employee of City.
10. Any deductibles or self-insured retentions shall be declared to and are subject to approval by City. Provided, however, that Attorney’s professional liability insurance may be subject to a self-insured retention or deductible to be borne entirely by Attorney whichshall not exceed Two Hundred Fifty Thousand Dollars ($250,000) per occurrence.
II. In the event that Attorney does not provide continuous insurance coverage, the City shall have the right, but not the obligation, to obtain the required insurance coverage at Attorney’s expense, and the City may deduct all such costs from moneys the City owesto Attorney or from moneys which it subsequently owes to Attorney.
12. All commercial general liability insurance coverage required to be maintained pursuant to this Agreement by Attorney shall name the City, its City Council and every -8-
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DocuSign Envelope ID: FDF1 9F1 3-DCE5-4D82-9B2A-B95B97E8808D officer, agent, and employee of City as additional insureds with respect to work under this Agreement.
Section 6. Successors and Assigns. This Agreement may not be assigned by Attorney.
Section 7. Facilities and Equipment. City shall supply office space, office furniture, telephones, City stationery, office supplies, and photocopying service as appropriate to maintain the presence of a City Attorney’s Office in City Hall. Attorney shall, at its own cost and expense, provide all other facilities and equipment which may be required for performance of servicesrequired by this Agreement. City shall maintain and keep current its law library.
Section 8. Termination for Cause and Convenience; Remedies. (1) Termination for Convenience: City may terminate this Agreement, in whole or in part, at any time by written notice to Attorney when it is in City’s best interest. Attorney shall be paid its costs, including Agreement close-out costs, up to the time oftermination. Attorney shall promptly submit its termination claim to City to be paid to Attorney. If Attorney has any property in its possession belonging to City, Attorney will account for the same, and dispose of it in the manner City directs.
(2) Termination for Cause: If Attorney does not deliver supplies in accordance with the Agreement’s delivery schedule, or, if the Agreement is for services, the Attorney fails to perform in the manner called for in the Agreement, or if Attorney fails to comply with any otherprovisions of this Agreement, City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Attorney setting forth the manner in which theAgreement is in default. Attorney or will only be paid the price for supplies delivered and accepted, -9-
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DocuSign Envelope ID: FDF1 9F1 3-DCE5-4D82-9B2A-B95B97E8808D or services performed in accordance with the manner of performance, as set forth in this Agreement.
If it is later determined by City that Attorney had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of Attorney, City, after setting up a new delivery of performance schedule, may allow the Attorney to continue work, or treat the termination as a termination for convenience. (3) Opportunity to Cure: City in its sole discretion may, in the case of a termination for breach or default, allow Attorney three (3) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
If Attorney fails to remedy to City’s satisfaction the breach or default of any of the terms, covenants, or conditions of the Agreement within three (3) days after receipt by Attorneyof written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Agreement without any further obligation to Attorney. Any such terminationfor default shall not in any way operate to preclude City from also pursuing all available remediesagainst Attorney and its sureties for said breach or default. (4) Waiver of Remedies: In the event that City elects to waive its remedies for any breach by Attorney of any covenant, term or condition of this Agreement, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement.
Section 9. Conflict of Interest. Except as knowingly authorized in writing by the City, Attorney agrees not to accept any employment during the term of this Agreement by any other person or entity which employment creates a conflict of interest between City’s interest and the -10-
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DocuSign Envelope ID: FDF1 9F1 3-DCE5-4D82-9B2A-B95897E8808D interests ofsuch other person or entity. “Conflict,” as used herein, shall be defined and interpreted in accordance with Section 1090 of the California Government Code and as set forth in the Rules of Professional Conduct of the State Bar of California. Attorney shall not reveal confidentialinformation of the City except with the consent of the City or as otherwise required by law.
In the event that Attorney has a conflict of interest that is not or cannot be waived, any services provided by outside legal counsel retained by City on the matter for which the conflictarose shall be considered as excluded services under Section 3 ofthis Agreement. Notwithstanding the foregoing, Attorney and City shall negotiate in good faith as to whether the retainer established by Section 2 of this Agreement should be adjusted if the City is required to retain outside legal counsel due to a conflict of interest arising from a matter which otherwise would fall within thescope of General Services. Such negotiations shall take into consideration the value ofthe services Attorney has provided to City under the retainer as shown by the summary reports required by Section 2 of this Agreement. In the event of a dispute between the parties as to whether, or to what extent, the retainer should be adjusted, the dispute shall be submitted to binding arbitration pursuant to this Agreement.
Section 10. fjjs. All legal files of Attorney pertaining to City shall be and remain the property of City. Attorney will control the physical location of such legal files during the term of this Agreement.
Section 11. Notice. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served personally or by certified mail addressed to the City Manager of the City of Beverly Hills, 455 N. Rexford Drive, Beverly Hills,California, 90210-481 7; or to Laurence S. Wiener at Richards, Watson & Gershon, 350 S. Grand —Il—
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DocuSign Envelope ID: FDF1 9F1 3-DCE5-4D82-9B2A-B95B97E8808D Ave. 37th Floor, Los Angeles, CA 90071 unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served withinseventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes.
Section 12. Extent of Agreement. This Agreement represents the entire and integrated Agreement between City and Attorney and supersedes any and all prior negotiations,representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Attorney.
Section 13. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
Section 14. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of California..
Section 15. Independent Contractor. No employment relationship is created by this Agreement. Attorney shall be an independent contractor of City.
Section 16. Arbitration. Any dispute between the parties arising out of or relating to this Agreement or a breach of this Agreement shall be submitted to binding arbitration pursuant tothe commercial arbitration rules of the American Arbitration Association or such other procedureagreed upon by the parties.
Section 17. Federal Government Provisions.
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DocuSign Envelope ID. FDF 1 9F1 3-DCE5-4D82-9B2A-B95B97E8808D (a) DEBARMENT AND SUSPENSION.
Attorney and all subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to 2 CFR 180,2 CFR 200.213, and Executive Orders 12549 and 12689.
If Attorney or any subcontractor becomes debarred or suspended throughout the duration of the Work, Attorney shall immediately notify City.
(b) BYRD ANTI-LOBBYING AMENDMENT.
Pursuant to the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, 2 U.S.C. § 1601 et seq., contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or any employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalfwith non-Federal funds with respect to that Federal Contract, grant, or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to City. Thisrequirement shall pass through to any and all subcontractors engaged to perform services underthis Agreement. (c) PROCUREMENT OF RECOVERED MATERIALS.
[Applicable to FEMA grant and cooperative agreement programs] -13-
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1. In the performance of this Agreement, Attorney shall make maximum use of products containing recovered materials that are Environmental Protection Agency (“EPA”) designated items unless the product cannot be acquired — • Competitively within a timeframe providing for compliance with the • Agreement performance schedule;• Meeting Agreement performance requirements; or• At a reasonable price.
2. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm!comprehensive-procurement-guidel ine-cpg-program. 3, Attorney also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(d) ACCESS TO RECORDS.
The following access to records requirements apply to this Agreement:
1. Attorney agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Attorney which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
2. Attorney agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. Attorney agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completedunder the Agreement. -14-
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4. In compliance with the Disaster Recovery Act of 20 I 8, City and Attorney acknowledge and agree that no language in this Agreement is intended to prohibit audits or internalreviews by the FEMA Administrator or the Comptroller General of the United States. (e) NON-USE OF DHS SEAL, LOGO, AND FLAGS.
Attorney shall not use the Department of Homeland Security (“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
(f) COMPLIANCE WITH FEDERAL LAW. REGULATIONS. AND
EXECUTIVE ORDER.
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the Agreement. Attorney will comply with all applicable Federal law, regulations,executive orders, FEMA policies, procedures, and directives. (g) NO OBLIGATION BY THE FEDERAL GOVERNMENT.
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to City, Attorney, or any other party pertaining to any matter resulting from the Agreement.
(h) PROGRAM FRAUD AND FALSE/FRAUDULENT STATEMENTS OR
RELATED ACTS.
Attorney acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Attorney’s actions pertaining to this Agreement.
Executed this 16th day of March , 2021, at Beverly Hills, California. -15-
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CITY OF BEVERLY HILLS
A Municipal Corporation
By C-cttr
LESTER J. FRIEDMANMayor of the City of Beverly Hills
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
RICHARDS, WATSON & GERSHON
A Professional Corporation
By (wvu1w. UJy
LAURENCE S. WIENER
Vice-President
APPROVED AS TO CONTENT:
GEORGE CHAVEZCity Manager
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EXHIBIT A
Compensation for Additional Services
Attorney shall be compensated at the following rates for additional services provided pursuant to this Agreement.
A. Civil litigation. Attorney shall provide civil litigation services at a discount often percent from Attorney’s standard rates.
B. Employment law services. Attorney shall provide employment law services at the composite rate of $235 per hour for all attorneys. This rate shall be increased by the same percentage and at the same time as the retainer for general services pursuant to Section 2 of thisAgreement.
C. Special environmental law services involving hazardous waste issues, the Clean Water Act, the Clean Air Act and similar environmental statutes. Attorney shall provide special environmental law services at a discount often percent from Attorney’s standard rates.
D. Special legal services concerning water rights and related issues. Attorney shall provide legal services concerning water rights and related issues at the composite rate of $325 per hour.
E. Legal Services related to Development Applications. Attorney shall provide legal services in connection with development applications that request legislative approvals at Attorney’s standard rates. Pursuant to the City’s annual fee resolution, the City is reimbursed by developers for these legal services.
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DocuSign Envelope ID: FDF1 9F1 3-DCE5-4D82-9B2A-B95B97E8808D F. Reiit Control Services. Attorney shall provide legal services concerning Rent Control at the composite rate of $250 per hour.
G. Other matters deemed by the parties to be outside the scope of General Services.
In the event that Attorney desires to provide services to City for additional compensation pursuant to subsection C.6. of Section 1 of this Agreement, Attorney shall submit a written request to the City Council, explaining the reasons why the services should not be provided within scope of thegeneral services set forth in this Agreement and the rate at which services shall be provided. The determination of the City Council concerning whether a matter shall constitute additional servicesshall be final.
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Docu,,
• CU5(D
Certificate Of CompletionEnvelope Id: FDF19F13DCE54D829B2AB95B97E8808D Status: Completed Subject: Please DocuSign: Beverly Hills -RWG Contract for Legal Services 2021.DOCXSource Envelope:Document Pages: 18 Signatures: 4 Envelope Originator:
Certificate Pages: 3 Initials: 1 Cindy Owens
AutoNav: Enabled 455 N. Rexford Drive
Envelopeld Stamping: Enabled Beverly Hills, CA 90210
Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email protected] P Address: 198.245.188.139
Record Tracking
Status: Original Holder: Cindy Owens Location: DocuSign 3/11/2021 428:59 PM [email protected]
Signer Events Signature TimestampLaurence Wiener Sent: 3/11/2021 4:33:36 PM [email protected] Viewed: 3/11/2021 4:54:31 PMSecurity Level: Email, Account Authentication Signed: 3/11/2021 4:55:16 PM (None)
Signature Adoption: Pie-selected Style
Using IP Address: 208 87,235.180
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia L Owens Sent: 3/11/2021 4:55:18 PM
cowensbeverlyhills.org Viewed: 3/18/2021 5:41:48 PM
Policy & Management Analyst Signed: 3/18/2021 5:43:51 PM City of Beverly Hills Signature Adoption: Pre-setected Style Security Level: Email, Account Authentication (None) Using lP Address: 198.245188.139
Electronic Record and Signature Disclosure:
Not Offered via Docu Sign
George Chavez Sent: 3/18/2021 5:43:53 [email protected] Viewed: 3/19/2021 3:30:52 PMSecurity Level: Email, Account Authentication Signed: 3/19/2021 3:31:03 PM(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.188.139
Electronic Record and Signature Disclosure:
Not Offered via DocuSigri
LesterJ. Friedman Sent: 3/19)2021 3:31:05 [email protected] (,L-SbX j. itlJA Viewed: 3/19/2021 7:11:16 PMSecurity Level: Email, Account Authentication Signed: 3/19/2021 7:14:56 PM(None) Signature Adoption: Pie-selected StyleUsing lPAddress: 173.227.40.115 Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Electrorac Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery EventsCarbon Copy Events
Shani Parker
SParkerrwglaw.com
City of Beverly Hills
Security Level: Email. Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status
Status
COPIED
Adrienne Tarazon
atarazonbeverlyhills.org
Security Level: Email, Account Authentication(None)Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED Sent: 3/1912021 3:31:05 PM
Donna Mohan
[email protected]
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED Sent: 3/19/2021 3:31 :05 PM
COPIED
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Sent: 3/19/2021 9:24:04 PM
Viewed: 3/20/2021 10:45:48 PM
Timestamp
Tirnestamp
Timestamps
3111/2021 4:33:37 PM3/19/2021 9:23:44 PM
3/19/2021 9:24:02 PM3/19/2021 9:24:04 PM
Signer EventsHuma Ahmed
[email protected] Level: Email, Account Authentication (None)
Signature - - a(L
Signature Adoption: Pie-selected Style
Using IP Address: 72.20399197
Signed using mobile
Signature
StatusStatus
Status - -.---- ‘:-
TimestampSent: 3/19/2021 7:14:58 PMViewed: 3/19/2021 9-23:44 PMSigned: 3/19/2021 9:2402 PM Timestamp
TimestampTimestampTimestamp
TimestampTirnestampSent: 3/11/2021 4:33:37 PM
Viewed: 3/11/2021 4:34:17 PM — . - ,,.
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Jackie Perez
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2 AMENDMENT NO. 1 TO AN AGREEMENT NO. 64-2 1
BETWEEN THE CITY OF BEVERLY HILLS ANDRICHARDS, WATSON AND GERSHON FOR LEGALSERVICES This Amendment No. 1 is to that certain Agreement between the City of Beverly Hills, a municipal corporation (“City”) and the law firm of Richards, Watson & Gershon, a professionalcorporation (“Attorney”).
Whereas, the City wishes to continue to retain the Attorney to discharge the duties of the office ofthe City Attorney; and
Whereas, Agreement No. 64-21 (the “Original Agreement”) between the City and Attorney terminates on April 1, 2024 and City and Attorney wish to extend that agreement; NOW THEREFORE, the parties agree as follows:
Section 1. Section 3 of the Original Agreement regarding term is hereby amended to read as follows:
“Section 3. Term. The term ofthis Agreement shall commence on July 1, 2021 and shall expire on April 1, 2028.”
Section 2. Section 2 of the Original Agreement regarding consideration is hereby amended to read as follows:
“Section 2. Consideration. Beginning on July 1, 2022, Attorney shall be paid a monthly retainer in the sum of One Hundred Eight Thousand Seven Hundred Fifty Dollars ($108,750) for General Services and Administrative Staffing rendered pursuant to subsections A and B of Section 1 of this Agreement. Beginning on July 1 of each following year this monthly retainer amount will be adjusted by the change in the Consumer Price Index for All UrbanConsumers for the Los Angeles-Long Beach-Anaheim area from May of the previous year to May ofthe then current year with a cap of eight percent (8%). 99904-0173\2751304v1.doc
Attorney shall be compensated for Additional Services in accordance with Exhibit A. Ifthe City desires to engage Attorney to provide services excluded from this Agreement pursuant tosubsection D of Section 1, the City may direct Attorney in writing to provide such services at the rate agreed upon by the City and Attorney and such work shall otherwise be governed by the provisions of this Agreement. If the City desires to have Attorney provide services excluded due to budget reductions pursuant to subsection E of Section 1, Attorney shall provide such services at the rate of One Hundred Eighty Seven Dollars ($187) per hour. This rate shall be increased bythe same percentage and at the same time as the retainer for General Services and Administrative Staffing provided above.
City shall reimburse Attorney for actual expenses reasonably incurred in the performance oflegal services under this Agreement for long distance telephone calls, court costs, legal researchservices, services of process, messengers, deliveries, postage and other similar servicesincidental to the performance of this Agreement. City shall not reimburse Attorney for word processing and document preparation costs. City and Attorney agree that Attorney shall be reimbursed no more than one dollar ($1.00) per page for facsimiles, with a maximum charge ofForty Five Dollars ($45.00) for any individual facsimile transmission and no more than fivecents (5c) per page for photocopies. Provided further the City shall not be charged for facsimileor copying charges in connection with the provision of General Services pursuant to Section 1 of this Agreement.Attorney shall send a monthly statement for services rendered during the previous month and for expenses incurred on the City’s account. The monthly statement shall describe the nature of the work performed, the attorney performing the work and the time spent for each task as well as thenature ofthe fees and expenses incurred.”
CITY OF BEVERLY HILLS
A Municipal CorporationLILT BOSSE
Mayor of the City of Beverly Hills,California
ATTEST:
____________________(SEAL)
HUMA AHMEDCity Clerk
RICHARDS, WATSON & GERSHON
A Professional Corporation
LAURENCE S. WIENER
Vice-President
[Signatures continue]
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99904-0173\2751304v1.doc
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APPROVED AS TO CONTENT:
GEORGE CHAVEZ
City Manager
99904-0173\2751304v1.doc