35284-0011
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FIRST AMENDMENT TO AGREEMENT NO. 35284 FOR LEGAL SERVICES
'135284
THIS FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES is
made and entered, in duplicate, as of December 12, 2019, 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. 35284.
WHEREAS, Purchase Order No. BPLW18000026 was issued for Legal
Services with Special Counsel in an initial amount not -to -exceed $200,000; and
WHEREAS, an Agreement for Legal Services No. 35284 with Special
Counsel was entered into, pursuant to City Council approval on June 18, 2019, to increase
the amount by $200,000; and
WHEREAS, a First Amendment to Agreement No. 35284 for Legal Services
is necessary to increase the amount by $200,000 in connection with the litigation of
Jayantibhai Patel dba Princess Inn, et al. v. City of Long Beach, Case 2:17-cv-08510
AB GJS and City of Long Beach v. Jayantibhai Patel, et al., Case 18LBCV00013.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties
I hereto as follows:
Section 3. of said Agreement No. 35284 is hereby amended to increase the
total not -to -exceed amount to Six Hundred Thousand Dollars ($600,000).
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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:
DATED: %l
Title:
"Special Counsel"
CITY OF LONG BEACH, a municipal
corporation
By ilwtm
City Manager
°city" EXECUTED PURSUANT
TO SECTION 301 OF
THE CITY CHARTER
e.
Approved as to form on 4K%j-k 6 20 —29�
CHARLES PARKIN, City Attorney
By
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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
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 speCinc tasres to De perrormea
(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 City
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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
I 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-ottice conterence 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
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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
II unidentified charges.
11. Special Counsel shall normally use the U.S. Mail and regular attorney
11 services to send and to file papers and other materials. The City reserves the right to
11 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.
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.
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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
I 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 44 vehicles.
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
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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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