AGENDA REPORT B. AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY

Transcription

1 Meeting Date: November 20, 2018 Item Number: E 13 To: From: AGENDA REPORT Honorable Mayor & City Council Laurence S. Wiener, City Attorney Subject: A. AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND BRYAN CAVE LEIGHTON PAISNER LLP (FORMERLY BRYAN CAVE LLP) FOR SPECIAL COUNSEL SERVICES RELATED TO INTELLECTUAL PROPERTY MATTERS; AND APPROVAL OF A BLANKET PURCHASE ORDER FOR FISCAL YEAR 2018/2019 TO BRYAN CAVE LEIGHTON PAISNER LLP IN THE NOT TO EXCEED AMOUNT OF $100,000; AND B. AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND BRYAN CAVE LEIGHTON PAISNER LLP (FORMERLY BRYAN CAVE LLP) FOR SPECIAL COUNSEL SERVICES Attachments: 1. Amendment No Amendment No. 3 RECOMMENDATION The City Attorney recommends that the City Council approve amendments to the agreements with Bryan Cave Leighton Paisner LLP for legal services related to intellectual property matters and litigation and approve a blanket purchase order for fiscal year 2018/2019 in the not to exceed amount of $100,000 for the intellectual property services. INTRODUCTION Bryan Cave LLP has merged with Berwin Leighton Paisner LLP. These amendments to the City s legal services agreements with Bryan Cave change the law firm s name to reflect the merger. DISCUSSION The City has contracts with Bryan Cave LLP for special counsel services in the areas of intellectual property and litigation. In April 2018, Bryan Cave LLP merged with the law firm of Berwin Leighton Paisner, LLP. The amendments to the City s legal services agreements change the name of Bryan Cave LLP to reflect the merger, and change the titles of the agreements. The rates charged by the firm remain unchanged. B \ v1 doe Page 1 of2

2 Meeting Date: November20, 2018 FISCAL IMPACT These amendments will have no fiscal impact on the City. The annual budget for the City Attorney s Office anticipates a need for special counsel services in the area of intellectual property and litigation services. Laurence S. Wiener, City Attorney Approved By /, B \ v1.doc Page 2 of 2

3 ATTACHMENT 1

4 AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND BRYAN CAVE LEIGHTON PAISNER LLP (FORMERLY BRYAN CAVE LLP) FOR SPECIAL COUNSEL SERVICES RELATED TO INTELLECTUAL PROPERTY MATTERS This Amendment No. 2 is to that certain Agreement between the City of Beverly Hills (hereinafter called City ). and Bryan Cave Leighton Paisner LLP (formerly Bryan Cave LLP) dated August 31, 2010 and identified as Contract No as amended by Amendment No. 1 dated March 6, 2012 and identified as Contract No , copies of which are on file in the City Clerk s office (hereinafter called Agreement ). RECITALS A. City and Attorney entered into a written Agreement dated August 31,2010 for special counsel sen-ices on intellectual property matters which was previously amended. B. Bryan Cave LLP merged with Benvin Leighton Paisner LLP effective April The new firm will be called Bryan Cave Leighton Paisner LLP. C. City desires to continue to receive special counsel senices related to intellectual property matters under the Agreement from Attorney. NOW, THEREFORE, the parties agree as follows: Section 1. The title of this Agreement shall be amended to read. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND BRYAN CAVE LEIGHTON PAISNER LLP FOR SPECIAL COUNSEL SERVICES RELATED TO INTELLECTUAL PROPERTY MATTERS and Attorney shall be amended to mean Bryan Cave Leighton Paisner LLP. cthn2. Section 2 of the Agreement, entitled Consideration shall be amended to read as follows: B $6509v1 doe -

5 Section 3. Section 2. Consideration. For Attorneys services performed pursuant to this Agreement, City shall pay Attorney for the actual time of services rendered by Jill Chalmers, partner, at the rate of $365 per hour; for services rendered by Katherine Keating. senior counsel at the rate of S350 per hour; for services rendered by an associate at the rate of $295 per hour; for services rendered by Judi Cope, paralegal, at the rate of $140 per hour; and for services rendered by Dee Kerkow. trademark administrator, at the rate of $125 per hour. The Cit Attorney may approve, in writing, services performed by other attorneys, paralegals and trademark administrators at these same rates based on their experience. Time shall be billed in increments of one tenth of one hour. City shall reimburse Attorney for actual expenses reasonably incurred in the performance of legal services under this Agreement for court costs, services of process. messengers, deliveries, postage, and other similar services incidental to the performance of this Agreement. City shall not reimburse or pay Attorney for word processing, document preparation or clerical tasks. Computerized research shall be billed at Attorney s cost without additional mark-up. Cit and Attorney agree that Attorney shall be reimbursed no more than fifty cents (50c) per page for facsimiles. with a maximum charge of Forty-Five Dollars ($45.00) for any indi\ idual facsimile transmission. and no more than ten cents (1 Or) per page for photocopies. Attorney shall send a monthly statement for services rendered during the previous month and for expenses incurred on Citys account. The month lv statement shalt describe the nature of the ork pert brmed. the attorney pertbrming the work and the time spent for each task as well as the nature of any fees and expenses incurred. Any expense over $250 shall include the appropriate back-up documentation for that expense (i.e. invoice, receipt. etc.).

6 Section 4. Except as amended by this Amendment No. 2. all terms and conditions set forth in the Agreement shall remain in full force and effect. Executed on this day of 20 I at Beverly Hills. California. CITY OF BEVERLY HILLS. A Municipal Corporation ATTEST JULIAN A. GOLD. MD Mayor of the City of Beverly Hills. California (SEAL) LOURDES SY-RODRIGUEZ Assistant City Clerk BRYAN CAVE LEIGHTON PAISNER. L L P JILL CHALMERS Partner APPROVED AS TO FORM: APPROVED AS TO CONTENT: // LAURENCE S. WIENER MAHDI ALUZRI City Attorney City Manager SHARON LHEUREUX DRESSEL Risk Manager B0735-Ot)t) 2! 86509v I doc -j

7 ATTACHMENT 2

8 AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND BRYAN CAVE LEIGHTON PAISNER LLP (FORMERLY BRYAN CAVE LLP) FOR SPECIAL LITIGATION COUNSEL SERVICES This Amendment No. 3 is to that certain Agreement between the City of Beverly Hills (hereinafter called City), and Bryan Cave Leighton Paisner LLP (formerly Bryan Cave LLP) (hereinafter called Attorney ) for special counsel litigation services, dated January 12, 2010 and identified as Contract No as amended by Amendment No. I dated March 6, 2012 and identified as Contract No and as amended by Amendment No. 2 dated June and identified as Contract No , copies of which are on file in the City Clerk s office (hereinafter called Agreement ). RECITALS A. CITY entered into a written Agreement, dated January 12, 2010 for special counsel litigation services which was previously amended. B. Bryan Cave LLP merged with Berwin Leighton Paisner LLP effective April The new firm will be called Bryan Cave Leighton Paisner LLP. C. City desires to continue to receive special counsel litigation services and Attorney desires to continue to provide services pursuant to the Agreement. NOW. THEREFORE. the parties agree as follows: Section 1. The title of the Agreement shall be amended to read: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND BRYAN CAVE LEIGHTON PAISNER LLP FOR SPECIAL LITIGATION COUNSEL SERVICES. BO785-OOOI2I8832v1 doe

9 Section 2. Attorney shalt be amended to mean Bryan Cave Leighton Paisner LLP. Section 3. Section 1 of the Agreement entitled Attorney s Responsibilities shall be amended as follows: Section 1. Attorney s Responsibilities. Attorney shall perform for the City all necessary and reasonable special counsel services in connection with litigation as requested by the City, including the following: a. Represent the City as lead counsel on litigation matters as assigned by the City Attorney. b. Provide legal advice and legal services to the City Council, City Manager, and City Attorney and such persons that they may designate. c. Serve as co-counsel in the Westside Subway Litigation entitled Cityi Beverly Hilts v. federal Transit Administration, et at., U.S. District Court Case No. CV SVW (MANx) and provide advice and appear in related litigation matters as directed by the City Attorney. d. Prepare reports and opinions as may be requested by the City. e. Attend City Council Meetings and additional meetings with City staff as may be requested by the City. f. Philip Karmet shall be the primary attorney to represent the City and provide services regarding Westside Subway litigation matters and shall be assisted Ivan London. Any additional personnel performing services under this Agreement shall be approved in advance by the City Attorney. All personnel changes are subject to prior written approval of City. The services furnished by Attorney shalt be under the direction of the City Attorney. amended to read as follows: Section 4. Section 2 of the Agreement, entitled Consideration shall be B I\2 IS 832v1 doc

10 Section 2. Consideration. for Attorney s services performed in connection with the federal subway litigation case and related matters, City shall pay Attorney for the actual time of services rendered at a blended rate for attorney time of $450 per hour. City shall pay Attorney for the actual time of services rendered by Jill Chalmers, partner, at the rate of $365 per hours; for services rendered by Katherine Keating, senior counsel at the rate of $350 per hour; for services rendered by an associate, at the rate of $295 per hour; for services rendered by Judi Cope, paralegal, at the rate of $140 per hour; and for services rendered by Dee Kerkow, trademark administrator, at the rate of$ 125 per hour. The City Attorney may approve, in writing, services performed by other attorneys and paralegals at these same rates based on their experience. Time shall be billed in increments of one tenth of one hour. City shall reimburse Attorney for actual expenses reasonably incurred in the performance of legal services under this Agreement for court costs, services of process, messengers. deliveries, postage, and other similar services incidental to the performance of this Agreement. City shall not reimburse or pay Attorney for word processing. document preparation or clerical tasks. Computerized research shall be billed at Attorney s cost without additional mark-up. City and Attorney agree that Attorney shall be reimbursed no more than fifty cents (500) per page for facsimiles, with a maximum charge of forty-five Dollars ($45.00) for any individual facsimile transmission. and no more than ten cents (loc) per page for photocopies. Attorney shall not be reimbursed for travel time or expenses from other locations to Los Angeles, and shall be reimbursed for travel expenses and one half of travel time for travel within the Los Angeles area. Attorney shall send a monthly statement for services rendered during the previous month and for expenses incurred on City s account. The monthly statement shall describe the 1307S I SI 832v I doc -3-

11 nature of the work performed, the attorney performing the work and the time spent for each task as well as the nature of any fees and expenses incurred. Any expense over $250 shall include the appropriate back-up documentation for that expense (i.e. invoice, receipt, etc.). Section 3. Except as specifically amended by this Amendment No. 3. the Agreement dated January 12, 2010 and identified as Contract No shall remain in full force and effect. Executed on this day of,2018 at Beverly Hills, California. CITY Of BEVERLY HILLS, A Municipal Corporation ATTEST JULIAN A. GOLD, M.D. Mayor of the City of Beverly Hills, California LOURDES Assistant SY-RODRIGUEZ City Clerk (SEAL) ATTORNEY: BRYAN CAVE LEIGHTON PAISNER LLP JILL CHALMERS Partner APPROVED AS TO FORM: APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manage RONL Risk Manager UDRESSEL BO785-OOO1218)832 I dec -4-