1 FIRST MODIFICATION OF AGREEMENT NO. 10461 (CCS)
This First Modification of Lawyer-Client Retainer Agreement Number 10461 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Liebert Cassidy Whitmore (LCW) is made with reference to the following:
RECITALS
A. On or about August 3, 2017, the City and LCW entered into Lawyer-Retainer Client Agreement Number 10461 (CCS) for specialized legal services in employment and labor law (“Original Agreement”).
B. The City and LCW desire to modify the Original Agreement to extend the agreement term for one additional year and increase the total compensation.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on July 1, 2017, and terminates on June 30, 2023, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.
2. Section 4 of the Original Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:
Compensation. The City will compensate the Firm for the Services performed in an amount not to exceed $2,175,000, in six years, as set forth in Exhibit B-1.
3. All references in the Original Agreement to Exhibit B shall be deleted and replaced with Exhibit B-1.
4. Exhibit B-1 is attached hereto and incorporated herein by this reference.
5. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the 2 date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
3 EXHIBIT B-1
BUDGET
The range of hourly rates for Attorney time is:
1. $270 to $350 per hour for attorney staff for Years 1 and 2, with a $5 increase for each following year in Years 3 through 5. $270 to $380 per hour for attorney staff for Year 6.
2. $75 to $125 per hour for services provided by paraprofessional staff in Years 1 and 2, with a $5 increase for each following year in Years 3 through 5. $75 to $135 per hour for services provided by paraprofessional staff in Year 6.
3. Telephone consultation, court litigation, and administrative proceedings and attendance at the meetings will be billed at the attorney’s hourly rate.
4. Travel time will be at the attorney’s hourly rate.
5. The Firm agrees to the CAO Billing Guidelines attached hereto and incorporated herein by reference. With the exception of the travel provision, in the event of any conflict between the CAO Billing Guidelines and the billing terms set forth above, the CAO Billing Guidelines shall take precedence.
The contract amount to the Firm is not to exceed $2,175,000 over a six-year period.
These funds will be encumbered as needed and are charged to the appropriate departments as services are rendered.
Office of the City Attorney
City Hall
1685 Main Street, Room 310
Santa Monica, California 90401
Joseph Lawrence
Interim City Attorney
Billing Guidelines
The City is a public entity, and the City Attorney’s Office is committed to providing the most costeffective legal representation.
The following are our billing guidelines:
Administrative or clerical work: Administrative, secretarial, clerical, librarian, and accounting tasks should not be billed. This includes bill preparation/modification, proofreading, word processing, conflicts checking, calendaring, scanning, imaging, file creation, docketing, organizing files, bates stamping, converting data, database management, copying and data-input. Block billing: Block billing is prohibited. Each billing entry should have a single task or activity and time associated with it.
Costs and expenses: Costs and expenses should be submitted at their actual amounts and not with any supplementary markup. This is especially true for subscription services, if allowed, and experts. Interest and late charges should not be charged. Expenses over the amount of $2,500 incurred in the course of litigation, e.g. mediation and expert witness expenses, may with advance written consent from the City be billed directly to the City. Depositions, meetings, and court hearings: Absent preapproval, only one attorney should bill for depositions, meetings and court hearings.
Electronic billing: Firms shall submit invoices via pdf to [email protected]. First-year associates, summer associates, and law clerks: First-year associates, summer associates, and law clerks are assumed to be in training, and their work should not be billed. Meals: Meals, snacks, and beverages should not be billed to file. Overtime: Staff overtime is considered the cost of doing business and should not be billed. Personnel turnover: All additions or changes to the legal team shall be approved in writing by the Interim City Attorney, or Division Chief. Time spent “getting up to speed” for a legal professional due to staff turnover or vacation is not reimbursable. Research fees: Subscription services such as Westlaw should not be billed as they are the cost of doing business. With rare exceptions, only associates should bill for research.
Per the Santa Monica Municipal Code and pursuant to the attached forms, firms selected will be required to obtain a City of Santa Monica Business License (see https://finance.smgov.net/doingbusiness/business-license), complete a W-9 form, meet City insurance requirements, meet City Living Wage requirements, and complete a City Oaks Initiative form.
Required documents for your contract: W-9 and Business Licens