Los Angeles World Airports

Los Angeles World Airports August 8, 2011 The Honorable City Council of the City of Los Angeles City Hall, Room 395 Los Angeles, CA 90012 Subject: APPROVE THE THIRD AMENDMENT TO CONTRACT NO. DA-4297 WITH THE SOHAGI LAW GROUP TO EXTEND THE TERM THREE YEARS FOR LEGAL SERVICES RELATED TO LAND USE, ENVIRONMENTAL LAW AND RELATED MATTERS FOR LOS ANGELES WORLD AIRPORTS. LAX LA/Ontarlo Van Nuys City of Los Angeles Antonio R. Vl!laraigosa Mayor Board of Airport Commissioners Michael A. Lawson President Valeria C. Velasco Vice President Joseph A. Aredas Robert D. Seyer Boyd Hight Fernando M. Torres-Gil Walter Zifkin Gina Marie Lindsey Executive Director In accordance with Section 373 of the City Charter, the Board of Airport Commissioners transmits for your approval the Third Amendment to Contract No. DA-4159 between the City of Los Angeles and The Sohagi Law Group to extend the term for three years. RECOMMENDATION FOR CITY COUNCIL 1. 2. APPROVE the Third Amendment to Contract No. DA-4297 between the City of Los Angeles and The Sohagi Law Group. CONCUR in the Board's action authorizing the Executive Director to execute the Third Amendment to Contract No. DA-4297 between the City of Los Angeles and The Sohagi Law Group. 3. FIND that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Article II Section 2(f) of the Los Angeles City CEQA Guidelines. The Board of Airport Commissioners, at their meeting held on July 11, 2011, by Resolution No. 24515 approved the F~ Am,endment subject to the approval of your Honorable Body is attached. T\11Y'C1 c(}- There is no impact on the General Fund. CONCLUSION Please return the attached Third Amendment to the Department of Airports' Board Office after City Council approval and Certification of that approval. cc: Trade, Commerce and Tourism Committee Councilmember Rosendahl, E-file Councilmember LaBonge, E-file CAO (Airport Analyst), E-file CLA {Airport Analyst), E-file City Clerk's Office, Enc. (one original and one copy) 1 World Way Los Angeles California 90045-9803 Mail P.O. Box 92216 Los Angeles California 90009-2216 Telephone 3:1.0 646 5252 Internet www.lawa.aero

Los Angeles World Airports BOARD FILE NO. DA-4297C (i',, RESOLUTION NO. 24515 LAX LAJOntario Van Nuys City of Los Angeles Antonio R, Vill<~raigosa Moyor Board of Airport Commissioners Micllael A. LBWSOrl President Vo!cria C. Vclnsco Vice President Joseph A. Aredas Robert D. Beyer Boyd Hip,ht Fcrnondo M. Tones-Gil wa:ter Zifkin Gina Mmie Lirdsey Executive Director WHEREAS, on recommendation of Management, there was presented for approval, Third Amendment to Contract No. DA-4297 with the Sohagi Law Group, to increase the not to exceed contract amount by $500,000 and extend term for an additional three (3) years (with a 90 day notice requirement for contractor's unilateral termination during the additional three year period), for legal services to assist Los Angeles World Airports and the City Attorney with land use, environmental law and related matters; and WHEREAS, in August 2008, the Board of Airport Commissioners (BOAC) approved a three (3) year, $200,000 contract with the Sohagi Law Group for legal advice and representation with respect to land use and environmental law matters. The term began on August 4, 2008 and will conclude on August 3, 2011. Since August of 2008, Sohagi Law Group has provided ongoing legal advice to office attorneys representing Los Angeles International Airport (LAX), LA!Ontario International Airport, Palmdale Airport and Van Nuys Airport. The projects have involved complex and significant environmental and land use projects, in almost all instances involving California Environmental Quality Act matters; and WHEREAS, on May 18, 2009, the BOAC approved a First Amendment adding funds in the amount of $500,000 needed in order to provide legal assistance for land use and environmental issues for a total contract amount of $700,000; and WHEREAS, on January 10, 2011, the BOAC approved a Second Amendment adding funds in the amount of $75,000 to cover the cost to successfully defend the Pram Nyguyan Qui Tam action asserted against Los Angeles World Airports (LAWA); and WHEREAS, the Third Amendment is necessary to provide ongoing sophisticated, technical legal assistance for environmental and land use matters for all LAWA airports, including but not limited to, time sensitive of state and federal legal issues arising from the LAX Master Plan and the Specific Plan Amendment Study. As of May 31,2011, $129,600 remains on the contract; and WHEREAS, to date, authorized Contract funding is $775,000. The Third Amendment seeks an additional $500,000 in funds and three (3) year extension of contract term only. Funds for the contracts are currently available in the Fiscal Year 2011-2012 LAWA Operating Budget in LAX Cost Center 1110004 - Legal Services Division, Commitment Item 520 - Contractual Services. Funds for subsequent periods will be requested as part of the annual budget process; and WHEREAS, this action, as a continuing administrative and personnel-related activity, is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II Section 2(f) of the Los Angeles City CEQA Guidelines; and WHEREAS, Sohagi Law Group is required by contract to comply with the provisions of the Living Wage Ordinance; and WHEREAS, Contract Services Division reviewed this item (File No. 5227). No specific Minority/Women Business Enterprise levels of participation were set for the project, as no subcontracting opportunities were identified; and 1 World V.iay Los Angeles Coiifornia 90045-51303 Mall P.O. Sox 922.1.6 Los AnftCies C1l1fo-n;a ~)0000-2216 Telephone 310 5,;6 5252 Internet www.i;) Nn.acro

Resolution No. 24515-2- WHEREAS, Sohagi Law Group is required by contract to comply with the provisions of the Affirmative Action Program; and WHEREAS, Sohagi Law Group has been assigned Business Tax Registration Certificate No. 0002218728-0001-4; and WHEREAS, Sohagi Law Group is required by contract to comply with the provisions of the Child Support Obligations Ordinance; and WHEREAS, Sohagi Law Group has approved insurance documents, in the terms and amounts required, on file with LAWA; and WHEREAS, Sohagi Law Group has submitted the City of Los Angeles Contractor Responsibility Pledge of Compliance and will comply with the provisions of the Contractor Responsibility Ordinance; and WHEREAS, Sohagi Law Group must be determined by the Public Works- Office of Contract Compliance to be in full compliance with the provisions of the Equal Benefits Ordinance prior to execution of the Third Amendment; and WHEREAS, Sohagi Law Group will be required to comply with the provisions of the First Source Hiring Program for all non-trade LAX jobs; and WHEREAS, the Third Amendment to Contract No. DA-4297 will become final pursuant to the provisions of Los Angeles City Charter Sections 373 and 275; NOW, THEREFORE, BE IT RESOLVED that the Board of Airport Commissioners determined that this action is exempt from the California Environmental Quality Act requirements; adopted the Staff Report; found that the work can be performed more economically or feasibly by an independent contractor than by City employees; approved the Third Amendment to Contract No. DA-4297 with the Sohagi Law Group to increase the contract amount by $500,000 and extend the contract term for three (3) years from August 4, 2011 to August 3, 2014 (with a 90 day notice requirement for contractor's unilateral termination during the additional three year period); and authorized the Executive Director to execute the Third Amendment to Contract No. DA-4297 with the Sohagi Law Group upon approval as to form by the City Attorney and upon approval by the Los Angeles City Council. coo I hereby certify that this Resolution No. 24515 is true and correct, as adopted by the Board of Airport Commissioners at its Special Meeting held on Monday, July 11, 2011. Sandra J. Miller- Secretary BOARD OF AIRPORT COMMISSIONERS

THIRD AMENDMENT TO PROFESSIONAL SERVICES CONTRACT NUMBER DA-4297 BETWEEN THE CITY OF LOS ANGELES AND THE SOHAGI LAW GROUP THIS THIRD AMENDMENT to Contract Number DA-4297 is made and entered into by and between the City of Los Angeles, a municipal corporation (hereinafter referred to as the "City"), and its Board of Airport Commissioners (hereinafter referred to as the "Board"), acting through the Office of the City Attorney (hereinafter referred to as "City Attorney"), and THE SOHAGI LAW GROUP (hereinafter referred to as "Outside Counsel"). WITNESSETH WHEREAS, the City and the Outside Counsel entered into a contract wherein Outside Counsel agreed to assist the City Attorney with legal representation in the matter of land use, environmental law, and related matters, said Contract effective August 4, 2008, which hereinafter shall be referred to as the Contract; and WHEREAS, the Contract provides for amendments; and WHEREAS, the City and Outside Counsel are desirous of amending the Contract for the purposes of adding the sum of Five Hundred Thousand Dollars ($500,000), thereby increasing the total contract amount not to exceed One Million Two Hundred and Seventy Five Thousand Dollars ($1,275,000) and extending the contract by an additional three years (with a 90 day notice requirement for contractor's unilateral termination during the additional three year period); and WHEREAS, the amendment is necessary and proper to continue or complete certain activities authorized under the Contract; NOW, THEREFORE, the City and Outside Counsel agree that the Contract be amended as follows: AMENDMENT 1. Section V, paragraph A, Appropriation of Funds, is amended to add the sum of Five Hundred Thousand Dollars ($500,000) and to read as follows: The Airport Board of Commissioners has appropriated One Million Two Hundred and Seventy Five Thousand Dollars ($1,275,000) for this Contract. The City will not pay Outside Counsel for any work done or costs incurred in excess of the appropriated amount unless 1 Third Amendment Sohagi DA-4297

additional appropriations are made by Airport Board of Commissioners and an amendment to this Contract is executed by the parties. 2. Section II, paragraph A, Period of Performance, is amended to extend the contract by an additional three years as follows: This Agreement shall begin on August 4, 2008 and shall continue until August 3, 2014 (with a 90 day notice requirement for contractor's unilateral termination during the additional three year period), unless terminated earlier under the provisions of this Agreement. 3. Except as herein amended, all other terms and conditions shall remain in full force and effect. 4. This amendment is executed in five (5) duplicate originals, each of which is deemed to be an original. This amendment consists of three (3) pages. 2 Third Amendment Sohagi DA-4297

IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date indicated. THE CITY OF LOS ANGELES, DEPARTMENT OF AIRPORTS OF THE CITY OF LOS ANGELES By ~~~~~~--------- Gina Marie Lindsey Executive Director Date-------------- BY----------~~~----------- WeiChi Deputy Executive Director, Comptroller Date -------------- THE CITY OF LOS ANGELES, CARMEN A. TRUTANICH, City Attorney By ---~~~~~~--------- WILLIAM CARTER Chief Deputy City Attorney Date-------------- THE SOHAGI LAW GROUP tsv By~~. I Date +--(rr ftt APPROVED AS TO FORM CARMEN A. TRUTANICH, City Attorney I Date -z{ 2--7/11 =======- City Business License Number:-,--------- Board Internal Resolution Revenue Service Number: ID"'N:u:m:b:er~: _ Contract Number:---------------- 3 Third Amendment Sohagi DA-4297

EXHIBIT B The following timekeepers at The Sohagi Law Group are hereby authorized to render work on this First Amendment to contract number DA-4297 at the following hourly rates: Margaret Sohagi Principal $325 Thomas Jacobson Counsell $325 Helene V. Smookler Counsell $325 Philip A. Seymour Counsell $325 Anne C. H. Lynch Counsell $325 Jeanette E. Dennis Counsell $325 Alison L. Krumbein Counsell $325 Nicole H. Gordon Counsell $325 R. Tyson Sohagi Associate II $225 Tony Kay Paralegal $90 Cheron J. McAieece Paralegal $90 Legal Team at Firms Serving as Subcontractors to The Sohagi Group The hourly rate for authorized timekeeper, William Brown of Brown & Winters (Partner), a subcontractor to The Sohagi Group for this contract, will be $300.00 The hourly rate for authorized timekeeper, James Mathison of Brown & Winters (Partner), a subcontractor to The Sohagi Group for this contract, will be $300.00. The hourly rate for authorized timekeeper, Associate Attorney Brown & Winters, a subcontractor to The Sohagi Group for this contract, will be $250.00 (Associate). The hourly rate for authorized timekeeper, Pat Chen of Miles Chen (Partner), a subcontractor to The Sohagi Group for this contract, will be $325.00. The hourly rate for authorized timekeeper, Gregory R. McClintock of Akerman Senterfitt (Partner), a subcontractor to The Sohagi Group for this contract, will be $325.00. The hourly rate for authorized timekeeper, John E. Putman of Kaplan Kirschy Rockwell (Partner), a subcontractor to The Sohagi Group for this contract, will be $325.00. 0017028S.DOC