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SECOND AMENDMENT TO AGREEMENT NO. 34040 FOR LEGAL SERVICES
34040
THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
is made and entered, in duplicate, as of September 1, 2016, for reference purposes only,
by and between BEST BEST & KRIEGER, LLP ( "Special Counsel ") and the CITY OF
LONG BEACH, a municipal corporation ( "City ") amending that certain agreement
( "Agreement ") between Special Counsel and City and identified by the City as Agreement
No. 34040.
WHEREAS, an Agreement for Legal Services with Special Counsel was
entered into, for reference purposes only, on September 22, 2015, in an initial not -to-
exceed amount of $25,000; and
WHEREAS, a First Amendment to Agreement to Agreement No. 34040 for
Legal Services was entered into, for reference purposes only, on February 11, 2016, in
an amount not to exceed $50,000; and
WHEREAS, a Second Amendment to Agreement No. 34040 for Legal
Services is necessary to increase the amount by $50,000 in connection with the matter of
Sales Tax Measure Advice.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
Section 3 of said Agreement No. 34040 is hereby amended to increase the
total not -to- exceed amount to One Hundred Thousand Dollars ($100,000).
I ///
I ///
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IN WITNESS WHEREOF, the parties have caused this document to be
executed with all of the formalities required by law as of the date first stated above.
DATED: l (i 4 Ll Co
DATED:
DATED: lb, 7.,
BEST BEST & KRIEGER, LLP
By J n Holloway
Title: Partner
"Special Counsel"
* CITY OF LONG BEACH, a municipal
corporation
City Manager
°City"
CHARLES PARKI , 'ty(A_ttorney
By 6 �, CwY
City Attorney
* The City Manager's signature is only required in the event the total contract amount
exceeds the $200,000 threshold requiring City Council approval.
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GUIDELINES FOR BILLING
In addition to the provisions stated in the Terms and Conditions, the
following guidelines for billing apply:
1. The City expects each individual working on the Matter to have the
necessary experience to perform the Services required to protect or pursue the City's
I interests in the Matter in a cost effective manner.
2. The City expects Special Counsel to select the individual most
suitable for the task required and the specific needs of the Matter, and to use the
maximum efficiencies available. Billings for services performed by the inappropriate level
of personnel will be reduced by the City based on rate adjustments for the appropriate
level of personnel.
3. The City Attorney or designee may request a written budget and
timeline for the Matter. The budget shall include all projected fees and costs to be
incurred by Special Counsel for the Matter, commencing on the date that Special
Counsel receives the request. The budget and timeline shall include the specific tasks to
be performed (including such things as discovery and motions for trial, preparation of
documents for transactional services, and anticipated research and investigations).
Special Counsel shall identify the projected total hours that will be billed and who will be
performing those hours of service, plus fees and costs for each task. The budget and
timeline shall be a good faith estimate and as complete as possible. Any deviation from
the budget and any deviation over 10% on any task identified in the budget must be
discussed in advance with the City Attorney, or designee, and the billing related to that
task is subject to adjustment so as to conform to the budget.
In addition, the City Attorney or designee may request a written budget and
timeline similar to the one described above, but relating specifically to one or more tasks
necessary to the Matter.
If the billings of Special Counsel are approaching the "not to exceed"
amount shown in the Purchase Order, then Special Counsel shall submit, in writing to the
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City Attorney or designee, the reasons why additional funds will be required to complete
the Services. Special Counsel is cautioned that the City cannot pay invoices which
reflect fees over the "not to exceed" amount in the Purchase Order.
4. The City will not pay for unnecessary review of texts, codes, rules of
court, or other fundamental references. The City will pay the hourly rate for specific legal
research which is unique to the Matter, assuming that Special Counsel has used
maximum efficiencies and that Special Counsel has not already performed research in
the same or similar areas of law.
5. The City acknowledges the benefit of communications between
attorneys in the firm. The City does, however, expect that intra -office conferences will
only be held as needed, and will be kept to a minimum. Intra -office conferences shall be
for the purpose of discussing strategy and legal issues which directly further the Matter.
The City will not pay for conferences which are supervisorial or instructional (including
conferences regarding case management). Any invoice which lists an intra -office
conference that exceeds these guidelines must contain a full explanation and is subject
to reduction by the City. The City will not pay for "team meetings" and the City will
scrutinize all intra -office conferences for "value added" to the Matter by the intra -office
conference, for the number of individuals attending the intra -office conference, the length
of the conference, the subject(s) discussed at the conference and who participated in it
and will, in the City's sole discretion, determine if such value was added.
6. The City will not pay for local telephone calls; incoming facsimiles;
postage; time spent on filing, calendaring, indexing pleadings, and photocopying;
conferences with Clerks of Court or court reporters; proofreading; re- drafting due to
substandard work; time billed by summer associates; time for more than one individual at
a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting,
conference call or similar event (unless approved in advance by the City); opening,
closing or organizing files; or other similar tasks.
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7. Vague billing which does not contain sufficient information to allow
the City's reviewer of the invoice to determine the nature of the task, the reason for the
task and the individual performing the task is subject to reduction by the City. Examples
of vague billing include but are not limited to the following: Attention to Matter, Review
case and issues, Conference, Review correspondence, Arrangements, Telephone call,
Discovery, Trial Preparation, Meeting, Update strategy, Motion work, Work on case or
project, Pleadings, Work on file or discovery, Prepare for "xxx ", Review documents, Legal
Research or analysis.
8. All services billed by attorneys and paralegals must be actual legal
services requiring the expertise of a legal provider. The City will not pay for more than
eight (8) hours of Services per day without a detailed explanation of the need for time
over eight hours and may reduce the invoice if the explanation is unsatisfactory, in the
City's sole discretion.
9. The City will reimburse for facsimiles sent but not received by
Special Counsel and photocopies made at a rate not to exceed $.12 per page; the
number of pages of facsimiles and to whom they were sent, and the number of pages or
photocopies made must appear on the invoice. Special Counsel shall limit the making of
photocopies and the sending of facsimiles. The City will reimburse actual costs for
computerized legal research if it is reasonable and necessary; however, these charges
are subject to review by the City.
10. The City will not reimburse for overtime, word processing (document
production), supplies, anything identified on an invoice as "miscellaneous ", or any other
unidentified charges.
11. Special Counsel shall normally use the U.S. Mail and regular
attorney services to send and to file papers and other materials. The City reserves the
right to reduce excessive charges for messengers and Federal Express or other similar
services which are not fully explained or which are not necessary, in the City's
determination.
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12. TRAVEL
A. The City will reimburse travel costs of Special Counsel only as
described herein. Travel costs not addressed in these Guidelines are not reimbursable.
Travel costs must be reasonable. The City will not reimburse for travel by more than one
person of Special Counsel, unless approved in writing by the City Attorney or designee in
advance of such travel. The City will not reimburse for excess costs caused by an
indirect route chose for Special Counsel's personal reasons.
B. As used in these Guidelines, "local travel" means travel that is 100
miles or less from the office of Special Counsel or from his /her home. "Extended travel"
means travel that is more than 100 miles from the office of Special Counsel or from
his /her home.
C. The City will not reimburse for local travel. However, the City will
reimburse for the actual cost of parking that is necessitated by local travel. The City will
not reimburse for meals in connection with local travel. While Special Counsel is on local
travel, the City will pay fifty percent (50 %) of the hourly rate of Special Counsel.
D. The City must approve all extended travel in advance. The City will
reimburse fifty percent (50 %) of the actual costs of extended travel, unless Special
Counsel can substantiate the need for full reimbursement. Special Counsel shall use its
best efforts to make airline reservations far enough in advance to take advantage of
reduced air fares and shall take advantage of other promotional air fares that reduce
costs. In any case, travel by air shall be at economy, coach, or other lower fare. The
City will not reimburse for travel insurance.
E. Special Counsel should use a rental car while on extended travel
only when necessary and when the cost of a rental car will be less than other forms of
ground transportation. If the use of a rental car meets the preceding criteria, then the
City will reimburse for a compact vehicle for one person, a mid -sized vehicle for two
persons, and a standard size vehicle for three or more persons. The City will not
reimburse for luxury vehicles, vans, or 4x4 vehicles.
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F. The City will reimburse Special Counsel, while on extended travel,
for the reasonable, actual costs for meals, excluding the cost of alcoholic beverages, and
for lodging at hotels which are moderately priced for the locale, but will not reimburse for
laundry or movies.
G. Special Counsel shall submit a travel expense report on the City's
form after completing extended travel. Special Counsel shall submit receipts or other
evidence of payment relating to each item for which Special Counsel seeks
reimbursement.
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