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