AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES CITY MANAGER'S DEPARTMENT Paul Arevalo, City Manager

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1 CITY COUNCIL CONSENT CALENDAR JUNE 19, 2017 SUBJECT: INITIATED BY: AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES CITY MANAGER'S DEPARTMENT Paul Arevalo, City Manager FINANCE & TECHNOLOGY SERVICES DEPARTMENT David A Wilson, Director of Finance & Technology Services/ Deputy City Manager p~ STATEMENT ON THE SUBJECT: The City Council will consider approving an amendment to the City's agreement with Jenkins & Hogin, LLP, to increase the contract rate for City Attorney Services. RECOMMENDATIONS: 1) Approve Amendment No. 2 to Agreement for Services with Jenkins & Hog in, LLP. 2) Authorize the City Manager or his designee to execute documents incident to the Agreement. BACKGROUND I ANALYSIS: Since incorporation, the City has retained Michael Jenkins to serve as City Attorney initially through the law firm of Richards, Watson and Gershon and then through Jenkins & Hogin, LLP. The City contracts with Jenkins & Hogin, LLP to provide general, litigation and specialized legal services. The firm has been highly effective in providing City Attorney services for the City of West Hollywood. Michael Jenkins has played an instrumental role in every landmark legal issue since the City's incorporation including the Rent Stabilization Ordinance; Ordinance Prohibiting AIDS Discrimination; Domestic Partnership Ordinance; Ordinance Prohibiting Discrimination in Employment Based on Sexual Orientation; and Ordinance Prohibiting Harassment. In addition to the City of West Hollywood, the firm currently serves as City Attorney for the cities of Hermosa Beach, Lomita, Malibu, Rolling Hills, Palos Verdes Estates and Santa Paula. It also serves as General Counsel for the South Bay Cities Council of Governments and the Westside Cities Council of Governments, the Los Angeles County West Vector Control District, and the San Gabriel Valley Mosquito & Vector Control District. The firm also serves as special counsel to various cities and other public agencies throughout California. Unlike most of the City's contracts, the City Attorney contract has not received automatic annual cost of living adjustments. The City Attorney contract has not been Page 1of3 AGENDA ITEM 2.L.

2 increased since fiscal year Currently, the City pays a contract rate of $360,000 for general legal services and hourly for litigation and specialized legal services at a blended rate of $252 per hour. This Amendment No. 2 to Agreement for Services would increase the annual general legal services rate of $360,000 by an additional $18,000 (5%), for a total of $378,000, increase the hourly rate for litigation and specialized legal services from $252 to $265 (5%) and include an annual contract increase equal to the annual percent change (12-month change year to year) in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles/Riverside/ Orange County area. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Primary Strategic Goal(s) (PSG) and/or Ongoing Strategic Program(s) (OSP) of: OSP-2: Institutional Integrity. In addition, this item is compliant with the following goal(s) of the West Hollywood General Plan: G-2: Maintain transparency and integrity in West Hollywood's decision-making process. EVALUATION PROCESSES: The City Council, City Manager and City Staff continuously monitor the services of the City Attorney. ENVIRONMENTAL SUSTAINABILITY AND HEAL TH: City Staff and the City Attorney's Office make every effort to ensure all communications as environmentally friendly as possible. COMMUNITY ENGAGEMENT: Not applicable. OFFICE OF PRIMARY RESPONSIBILITY: CITY MANAGER'S DEPARTMENT I CITY MANAGER OFFICE FINANCE & TECHNOLOGY SERVICES DEPARTMENT I FIN -ADMINISTRATION DIVISION FISCAL IMPACT: Page 2 of 3

3 None. The proposed expenditure for the agreement is budgeted for fiscal year in accounts , City Attorney Legal Services, and , Specialized Legal Services. AMOUNT $378,000 $150,000 DESCRIPTION Funding for this item is already budgeted in account , City Attorney Leqal Services. Funding for this item is already budgeted in account , Specialized Legal Services. ATTACHMENTS: Attachment A - Amendment No. 2 to Agreement for Services. Page 3 of 3

4 Attachment A CITY OF WEST HOLLYWOOD AMENDMENT No. 2 TO AGREEMENT FOR SERVICES This Amendment No. 2 (herein "AMENDMENT") to the Agreement as amended by Amendment No. 1, is made on this 19th day of June, 2017 and amends Agreement #0380 dated May 19, 2008, by and between the CITY OF WEST HOLLYWOOD, a municipal corporation (referred to herein as "CITY") and Jenkins & Hogin, LLP, 1230 Rosecrans Avenue, Suite 100, Manhattan Beach, CA (hereinafter referred to as the "CONTRACTOR"). RECITALS A. This AMENDMENT No. 2 shall amend the original Agreement #0380 dated March 1, 2001 between the CITY and CONTRACTOR and the prior Amendment No. 1 dated May 19, 2008 (hereinafter referred to as the "AGREEMENTS"). B. CITY and CONTRACTOR desire to amend the AGREEMENTS to increase the annual general legal services rate of $360,000 by an additional $18,000 (5%), for a total of $378,000, increase the hourly rate for litigation and specialized legal services from $252 to $265 (5%) and include an annual contract increase equal to the annual percent change (12-month change year to year) in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles/Riverside/Orange County area. C. NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, CITY and CONTRACTOR agree as follows: 1. Amend "Exhibit A", Scope of Services and Applicable Billing Rates, General Legal Services, Section H, to read as follows: H. The annual general legal services specified in paragraphs A through G above shall be increased from $360,000 by an additional $18,000 (5%), for a total of $378,000 and the contract will increase annually equal to the annual percent change (12-month change year to year) in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles/Riverside/Orange County area. 2. Amend "Exhibit A", Scope of Services and Applicable Billing Rates, Litigation Services, Last Paragraph, to read as follows: The litigation services specified above shall be billed at the hourly rate of $265 and increase annually by an amount equal to the annual percent change (12- month change year to year) in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles/Riverside/Orange County area. 3. Amend "Exhibit A", Scope of Services and Applicable Billing Rates, Specialized Legal Services, Last Paragraph, to read as follows: Basic_Contract Amendment -April 2016

5 CITY OF WEST HOLLYWOOD AMENDMENT No. 2 TO AGREEMENT FOR SERVICES The specialized legal services specified above shall be billed at the hourly rate of $265 and increase annually by an amount equal to the annual percent change (12-month change year to year) in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles/Riverside/Orange County area. Except as herein amended, in all other respects the Agreements are reaffirmed and are in full force and effect. Executed on this 19th day of June, CONTRACTOR: Jenkins & Hogin, LLP CITY OF WEST HOLLYWOOD: Michael Jenkins David A. Wilson, Director of Finance & Technology Services Department/ Deputy City Manager Paul Arevalo, City Manager ATTEST: Yvonne Quarker, City Clerk Basic_ Contract Amendment - April 2016 Page 2 of 2