ATTACHMENT NO. 1
FIRST AMENDMENT TO AGREEMENT WITH
BEST BEST & KRIEGER LLP FOR CITY ATTORNEY SERVICES
This FIRST AMENDMENT to the AGREEMENT (“FIRST AMENDMENT”) is entered into by and between the CITY OF POMONA (the “CITY”) a nd BEST BEST & KRIEGER LLP (“BBK”), either of which may be referred to herein as a “Party” or collectively as the “Parties.”
RECITALS
WHEREAS, on December 3, 2018, the C ity Council appointed BBK to serve as Interim City Attorney, until a permanent City Attorney could be selected and appointed;
WHEREAS, after issuing a request for proposals for City Attorney, and interviewing multiple candidates, on August 5, 2019, the City Council took action to approve retaining BBK to provide City Attorney Services, with Sonia Carvalho serving as City Attorney;
WHEREAS, the Council approved a legal services agreement with BBK, which set forth the hourly rates for different services and provided for an annual cost of living adjustment, not to exceed 2.5% each year. The current hourly rates, adjusted as of July 1, 2021, are reflected in the amended Exhibit “C,” Compensation, attached hereto;
WHEREAS, on January 24, 2022, the City Council conducted its performance evaluation of the services provided by BBK, generally, and particularly current City Attorney Sonia Carvalho;
WHEREAS, upon conclusion of the City Attorney’s and BBK’s performance evaluation, the City Council expressed satisfaction with the timeliness, responsiveness and legal support to the City Council, City Manager and City departments; and
WHEREAS, with the City Attorney role established and the expectations of the City Council being met by current City Attorney Carval ho, it was determined that the Agreement for City Attorney Services (“AGREEMENT”) should be amended to reflect an hourly rate for services provided specifically by the City Attorney Carvalho and, in consideration for such adjustment, BBK agreed to forego a CPI increase for July 2022.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Effective July 1, 2022, Compensation, Exhibit “C” of the AGREEMENT, shall be revised as set forth in the amended Exhibit “C,” attached hereto.
2. Except as modified by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect and are incorporated herein by this reference.
IN WITNESS WHEREOF this FIRST AMENDMENT is signed by the Parties hereto on the date(s) indicated below.
2 CITY OF POMONA BEST BEST & KRIEGER LLP
______________________________ By: _______________________________ James Makshanoff, City Manager Its: _______________________________
Date: ________________ Date: __________________
ATTEST:
_____________________________
Rosalia Butler, City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
Approved by City Council on ________2022
3 EXHIBIT “C”
COMPENSATION
City will pay BBK for the services described in Exhibit “ A” in accordance with the fo llowing schedule, as updated to reflect the July 1, 2021 cost of living adjustment s and the addition of the new hourly rate for General Counsel services provided by partner Sonia Carvalho:
For General Counsel Services, as defined in Exhibit “A ,” City will pay BBK $213 per hour for all attorneys and $173 per hour for municipal analysts (individuals with university degrees supportive of municipal law representation), paralegals, and law clerks, except that • City will pay $183 per hour for all professionals providing review and assistance with Public Record Act requests, and
• City will pay $23 9 per hour for attorneys and $15 2 per hour for paralegals for code enforcement services, and
• City will pay $33 5 per hour for partner and of counsel attorneys, $279 per hour for associate attorneys, and $163 per hour for paralegals for telecommunications matters, and • City will pay $35 6 per hour for partner and of counsel attorneys, $279 per hour for associate attorneys, and $163 per hour for paralegals for employee benefits matters, and • City will pay $250 per hour for partner Sonia Carvalho for these General Counsel Services.
For Special Counsel Services , as defined in Exhibit “A,” City will pay BBK $250 to $381 per hour for Partners/of Counsel, $27 9 per hour fo r Associate Attorneys, and $16 3 per hour for all paralegals. Public Finance Legal Services may be provided at rates set by amendment to this Agreement.
Costs. BBK will not charge separately for administrative, routine word processing, secretarial and off ice costs (including telephone and fax charges) associ ated with the provision of these services. Reimbursement of costs advanced by BBK on behalf of the City, as well as other expenses, will be billed in addition to th e amount billed for fees and current actual cost, including but are not limited to, automobile mileage at the authorized IRS rate, actual expenses away from our office on City business, photocopy charges at $0.17/page, and any costs of producing or reproducing photographs, documents and other items necessary for legal representation.
Travel. Travel shall be billed at the designated attorney’s hourly rate, but will be charged to and from BBK’s closest office which is in Ontario, CA. This is regardless of the BBK office the attorney is actuall y traveling to or from.
Applicant-Initiated Reimbursable Services. Legal services provided to the City for which the City receives reimbursement (i.e., from a developer or other third party), would be billed at BBK ’s then-current published standard private client rates.
Cost of Living Adjustment. Each July 1, all hourly rates and amounts charged hereunder will be increased for the change in the cost of living for the prior calendar year, as shown by the U.S. Department of Labor in its All Urban Consumers Index set forth for the Los Angeles –Long Beach–Anaheim, CA area; provided, however, that there shall be a CPI cap of 2.5% on the General Municipal Services and a cap of 2. 5% on Special Counsel Services. BBK agrees to forego the CPI adjustment for July 1, 2022. No later than June 1, 2023, and each June 1 thereafter, BBK shall submit to the City Manager the adjusted hourly rates which reflect the applicable cost of living adjustments to go into effect on the subsequent July 1.