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HomeMy Public PortalAboutAgreement_2015-08-04_Burke William & Sorensen_1st AmendmentAGREEMENT COVER SHEET 15-DD5 Type of Contract ❑ Consultant Services ❑ Professional Services ❑ Public Works vother: 1-EcA.59MVICES Meeting Date of Approval (Only If Applicable) AUaksr y , 2o15 Date Contact Information Name of Company: 106WIZ lig ! W l"IAMS ArMC 6viZaMG0t4 O LA -40 Address: UP 00 1VWAAVSWAF-r ✓t.l" 2so 1AVFAZS%DE . CA 925D7�?4210 Contact Person: 6Rd G VAtL / Posia t 6 c.4L.Y r Phone Number: 0)951-1998 51' Email: CVA11Q6W'6I..AW.ccM Scope (Type of Project) LgCaAL. S61ZV%e, S. Term of Contract Beginning Date Contract Completion Date Contract Reviewed By ❑ City Manager [-]Department Director ❑ City Attorney ❑ No Changes to the Template ❑ Administrative Services Director ❑ Other: Insurance ❑ Additional Insured Endorsement ❑ Cancellation Provision ❑ General/Auto/Workman Comp. Expiration Date: Notes: Date FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT This First Amendment to Legal Services Agreement ("First Amendment"), is entered into on this 4th day of Aus4ust, 2015, by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and BURKE, WILLIAMS & SORENSEN, LLP, a California limited liability partnership ("Burke"), as follows: RECITALS A. City and Burke entered in a Legal Services Agreement on or about February 2, 2010 ("Agreement"), The Agreement provides that Burke will provide city attorney and other legal services to the City. B. Effective July 1, 2011, a CPI adjustment was made to the rates contained in the Agreement pursuant to Section 5 of the Agreement, C. In 2014, the City created a legal services ad hoc committee that recommended two changes to the format of the billing under the Agreement that were implemented administratively by the Interim City Manager and City Attorney, The requested changes were that the monthly retainer for basic legal services be eliminated and all basic legal services be billed out at the then existing hourly rate, and to simplify the rate structure for associates by having one rate for "associates" and one rate for "senior associates" rather than rates based on the number of years each attorney has practiced. D. This First Amendment revises Exhibit "A" to the Agreement specifying the rates for services to reflect the changes to the rate structure that were implemented administratively in 2014 and the CPI adjustment that was made in 2011. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. Exhibit "A" to the Agreement is amended to read as shown on Exhibit "A" to this first amendment, 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties, 2.2 Integration. This First Amendment consists of pages 1 through 4, inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment, RIV *4843-9820-0869 v I - I - 2.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Burke. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: / !� " Peggy Kuoerk CITY: THE CITY OF TEMPLE CITY By: Bryan Cook; City Manager 1:1114"M BURKE, WILLIAMS & SORENSEN, LLP By: Name: from S Va./ Title: AA 11'ej'' RIV 04843-9820-0869 V -2- EXHIBIT "A" Fees for Basic Leaal Services: Basic Services will be provided by the City Attorney, Assistant City Attorney, or other attorney of Burke at the reduced rate of $230 per hour, in increments defined in Section 7 of the Agreement and subject to periodic adjustment as provided for in Section 5 of the Agreement. The City Attorney and Assistant City Attorney will not bill for travel time to or form meetings at City Hall or other City Facilities, Other Burke attorneys will bill for their travel time. Fees for Special Services: For Special Services to City, Agency, Authority and Related Entities, Burke will charge the rates identified below, in increments defined in Section 7 of the Agreement and subject to periodic adjustment as provided for in Section 5 of the Agreement. Partners Associates Paralegal/Law Clerks R1V 44843-9820-0869 vl -3- 12 years or less experience - $240 per hour 13 to 20 years - $260 per hour 21+ years - $280 per hour Associates - $215 per hour Senior Associates - $225 per hour $140 per hour