HomeMy WebLinkAboutJENKINS & HOGIN, LLP - 2004-07-13Su ity
Hum Beach-
To. ; Joan Flynn City Clerk
Contracts Submittal to
City Clerk's Office
1. Name of Contractor: Jenkins & Hogin, L.L.P.
'Ft�_ 1 E'EIV=0
C1 Y CLER'K
UTY of
Hfj't'1-1MG 1 C, BEACH, CA
2064 DEC i b P
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Advise City on all matters in connection with the conversions of apartment buildings to
condominiums.
3. Amount of Contract: Over $50,000
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept. ✓
City Treasurer �- ORIGINAL bonds sent to Treasurer
x gga7
Name/Extension
City Attomey's Office
Date: 12/15/2004
CITY CLERK'S OFFICE USE ONLY:
g:/Attymisc/forms/city clerk contract transmittal doe
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JENKINS & HOGIN, L.L.P.
FOR
LEGAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this 13 day of
LA, 2004, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and Jenkins &
Hogin, L.L.P., a California Limited Liability Partnership, hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to advise CITY on
all matters in connection with the conversions of apartment buildings to condominiums;
and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Michael Jenkins, who shall represent it
and be its sole contact and agent in all consultations with CITY during the performance of
this Agreement.
agree/Citywide/Jenkins & Hogin 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on July 31, 2007, unless sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed in a
timely and professional manner.
4. COMPENSATION
In consideration of the performance of the services described- herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated into this Agreement by this
reference.
5. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement.
6. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
agree/Citywide/Jenkins & Hogin 2
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
7. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
8. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
agree/Citywide/Jenkins & Hogin 3
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended'period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work'perfonned in
connection with this Agreement.
9. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
agree/Citywide/Jenkins & Hogin 4
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall.not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
10. . INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent. contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
11. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
agree/Citywide/Jenkins & Hogin 5
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
12. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
13. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
14. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
15. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
agree/Citywide/Jenkins & Hogin 6
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Jennifer McGrath, City Attorney
2000 Main Street
Huntington Beach, CA 92648
16. CONSENT
TO CONSULTANT:
Michael Jenkins, Esq.
JENKINS & HOGIN, LLP
1230 Rosecrans Avenue, .Suite 110
Manhattan, CA 90266 .
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
17. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
18. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
19. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
agree/Citywide/Jenkins & Hogin 7
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. , No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this 'Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the, requirements of the law.
20. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
21. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration' and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
agree/Citywide/Jenkins & Hogin 8
•
22. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses, incurred by CONSULTANT.
23. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement. or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
24. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
25. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
26. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
agree/Citywide/Jenkins & Hogin 9
CJ
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied. in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This. Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONS LTANT
Jenk' s & in
By:
agree/Citywide/Jenkins & Hogin 10
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
APPROVED . . • R
11 i/ ff k�>�
city Miorli
REVIEWED AND APPROVED:
City Admini trator
(only for contracts $50, 000.00 and over)
EXHIBIT #A
06/23/2004 11:49 3106438441 JENKINS & HOGIN LLP PAGE 02/08
J ENKiNS & HOGIN, LLP
A LAW PARTNERSHIP
MICHAFL. JENKINS
CI-tRLSTr HOo[N MANHATTAN TOWERS
GREGG KovACEvicH 1230 ROSECRANS AVENUr•, SUITE 110
MANHATTAN BEACH, CALIFORNIA 90266
(310)643.8448 ^ FAx (310)643-8441
www.LocalGovLaw.com
June 23, 2004
Jennifer McGrath
City Attorney
City of Huntington Beach
P.O. Box 190
2000 Main Street
Huntington Beach, CA 92648
WRITER'S EMAIL ADDRESS:
MJENKINS@LOCALGOVLAW.COM
Re. Res>,oipse to Request for Qualifications for Legal Services
Dear Ms. McGrath:
Thank you for the opportunity to submit our qualifications to advise the City in
connection with the unpermitted conversion of apartment buildings to condominiums in the
City.
Enclosed for your review is a description of the firm and its members. Please do not
hesitate to lec me know if I can provide you with any additional information pertaining to our
professional experience and the firm's qualifications to perform the requested services.
Christi and I were heavily involved in the issue of condominium conversions in West
Hollywood, and litigated the resulting case of West Hollywood v. Beverly Towers, 52 Cal. 3d 1184
(1991) to the California Supreme Court. More recently, I have been working jointly with Peter
Pierce -of Richards, Watson & Gershon in enforcing West Hollywood's conversion requirements
against an illegal conversion of three multifamily buildings in that City; that matter has been to
the Court of Appeal and is now back in the trial court. West Hollywood is the only City in which
we have encountered this issue.
Our fees for services are $250 per hour for partners and $185' per hour for associates. We
will not bill the City for any expenses other than messenger charges and photocopying and
binding of briefs. We charge in tenth of an hour increments, will provide the City with a detailed
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PAGE 03/08
JENiGNS fir. HOGIN
Jennifer McGrath, Esq.
June 23, 2004
Page 2
billing monthly and expect to be paid within thirty days of receipt of our invoice. We value
efficiency and will endeavor to keep the cost of our services as low as possible. I estimate that a
legal opinion on the City's options will cost between $7,500 and $10,000. Without more
information, it is difficult to establish a litigation budget, but we would be prepared to do so once
a legal opinion is prepared and the full implications of litigation are revealed.
I anticipate that Gregg Kovacevich and I would prepare a legal opinion for you, and that
Christi and Gregg would handle any litigation that may ensue.
We would welcome the opportunity to be of service to Huntington Beach in this matter.
Please let me know if I can provide you with any further information to assist you in evaluating
our qualifications.
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JENIGNS & HOGIN, LLP
.A. LAW PARTNERSHIP
MICHAEL JENKINS
CHRISTI HOGIN MANHArrAN Towas
GREGG KOVACEVICH 1230 ROSECRANs AVENUE, SvITE 110
MANHATTAN BEACH, CALIFOR-NIA 90266
(310)643-8448 a FAX (310) 643-8441
www.LOCALGovLAW.COM
WRrrER's EKAJI.ADDRESS;
MlrN'YJNS@LOCALGevL W.COM
Christi Hogin and Michael Jenkins are experienced municipal law practitioners, having
devoted their careers to representing cities. In 2001, they joined forces to establish the firm of
Jenkins & Hogin, LLP, a South Bay -based law firm specializing in the practice of municipal law
Both Mr. Jenkins and Ms. Hogin are highly regarded in their field by both clients and colleagues
as thoughtful and creative lawyers with proven track records in highly challenging and diverse
municipal environments.
The finn currently serves as City Attorney for the cities of Hermosa Beach, Lomita,
Malibu, Rolling Hills, West Hollywood and Diamond Bar; as General Counsel for the South Bay
Cities Council of Governments and the Westside Cities Council of Governments, the Antelope
Valley Mosquito & Vector Control District, the Los Angeles County West Vector Control
District, the San Gabriel Valley Mosquito &. Vector Control District; the West Valley Mosquito &
Vector Control District and as special/litigation counsel to cities around the State.
We possess the expertise to handle litigation in the areas of land use, the California
Environmental Quality Act, the Brown Act, conflicts of interest, elections issues, first amendment
issues, civil rights and writs of mandate.
The ,Firm Is People.
Michael Jenkins. Michael Jenkins has been practicing law for 25 years in the
area of municipal law. He. was admitted to the State Bar in 1978 immediately following his
graduation with honors from Duke University School of Law, where he served as Executive
Editor of the Duke Law Journal. Mike graduated with highest honors from Haverford College.
Prior to establishing the new firm with Christi, Mike was a senior shareholder at Richards,
Watson & Gershon, where he specialized in the practice of municipal law after joining the firm in.
1978. During his tenure at the firm, he served for many years on its Management Committee and.
as Chair of its Public Law Department.
Mike currently serves as City Attorney for the cities of Diamond Bar (since 1995),
Hermosa Beach (since 1996), Rolling Hills (since 1982) and West Hollywood (since 1984), as
General Coimsel to the Antelope Valley Mosquito & Vector Control District, Los Angeles County
West Vector Control District, San Gabriel Valley Mosquito and Vector Control District, and West
Valley Mosquito & Vector Control District, as General Counsel to the South Bay Cities Council
of Governments and the Westside Cities Council of Governments, and as special counsel for
numerous municipalities around the State, including Oceanside, Half Moon Bay, Fresno, Torrance
JUN-23-2004 11:56 3106438441 97% P.04
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and Palo Alto. Mike has previously served as city attorney for the cities of Avalon, Hidden Hills,
La Habra Heights, Malibu, Solvang and. Westlake Village.
In the course of his career, Mike has developed expertise in many facets of public law,
including municipal incorporation, constitutional law, land use regulation, public works
construction, open meetings law, elections law and municipal litigation. Mike has been
responsible for the legal affairs of a diverse array of Southern California municipalities.
Mike's statewide stature in the field of municipal law is evidenced by his service as
President of the City Attorneys Department of the League of California Cities (190), his
leadership in co-authoring the original version of the League's Municipal Law Handbook and
chairing the League's Brown Act -Committee, in which capacity he -negotiated on behalf of
California cities major changes to the State's open meeting laws, which took effect in 1994. Most
recently, he served as Editor for Open & Public III, the League's manual on the Brown Act, and is
now on the editorial board of a major overhaul of the Municipal Law Handbook. Mike also
served as President of the City Attorneys Association of Los Angeles County and Member of the
Executive Committee of the Public Law Section of the State Bar (and Editor of the Section
Newsletter).
As part of his duties, Mike regularly supervises litigation matters, is heavily engaged in
litigation strategy, prepares or edits briefs and occasionally argues cases in court. Over the years,
he, has been counsel for record for numerous published cases, including Vega v. City of West
Hollywood, 223 Cal. App. 3rd 1342 (1990) (rent control dispute); Beverly Towers v. City of West
Hollywood, 52 Ca1.3d 1184 (1991) (challenge to condominium conversion restrictions in the
Supreme Court); West Hollywood Concerned Citizens v. City of West Hollywood, 232 Cal. App.
3d 486 (1991) (challenge to development project); Getz v. City of West Hollywood, 233 Cal. App.
3d 625 (1991) (rent control dispute); Abramson v. West Hollywood, 7 Cal. App. 0 1121 (1992)
(resit control dispute); Save Our Residential Environment v. City of West Hollywood, 9 Cal. App.
4'h (1992) (challenge to development project); Cawdrey v. City of Redondo Beach, 15.Cal. App.
4`b 1212 (1993)..(challenge to term limits); Clark v. City of Hermosa Beach, 48 Cal. App. 4"' 1152
(1996) (due process and damages in context of challenge to development project); California Rifle
and Pistol Association v. City of West Hollywood, 66 Cal. App. 4`h 1302 (1998) (challenge to ban
on sale of Saturday Night Specials); Hermosa Beach Stop Oil Coalition v. City of Hermosa
Beach, 86 Cal. App. 4th 534 (2001) (action to enforce citizen initiative against oil drilling project);
Save the Sunset Strip Coalition v. City of West Hollywood, 87 Cal. App. 0 1172 (2001)
(challenge to development project); and City of West Hollywood v. 1112 Investment Co.,.105 Cal.
App. 4'11 1 i 34 (2003) (challenge to condominium conversion regulations).
Mike is also a devoted educator in his field. For the past nineteen years he has taught local
government law at the University of Southern California Law Center. He is a frequent lecturer on
municipal law subjects and has authored numerous published articles in the field, including most
recently an article in the September 2003 edition of Western City Magazine on the disclosure of
ernails under the Public Records Act. During 1994-1996, he advised the California'Constitutional
Revision Commission on behalf of the League of Cities with respect to home rule issues affecting
both charter and general law cities. Mike is .the author of numerous training programs and
exercises for public officials and lawyers in his field.
Christi Hogin. Christi has been practicing in the area of municipal law for
sixteen years, following her graduation in 1988 .from Washington College of Law, American
University, where she served as the Managing Editor of the American University Law Review.
Christi received her. B.A. degree in 1985 from the University of California at Los Angeles, in
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Political Science and Women's Studies and was elected to Phi Sigma Alpha, a National Political
Science Honor Society.
Christi currently serves as City Attorney for the cities of Malibu and Lomita, as well as
providing legal services to other firm clients. Before establishing the firm with Mike, Christi
worked both in the private sector representing cities on a contract basis, and as a full-time city
attorney for the City of Malibu. Christi has advised and represented many public agencies,
including cities, redevelopment agencies and rent control boards (among them West Hollywood,
Santa Monica, Agoura Hills and Beverly Hills). She specializes in land use, rent control,
environmental (CEQA) and coastal planning law. She routinely handles all aspects of city
attorney work.
Christi is active in the League of California Cities, is currently the Chair of the Coastal
Cities caucus of the City Attorneys Department and represented the City Attorneys Department on
the League's Enviroiunental Quality Policy Committee. She is a past President of the City
Attorneys Association of Los Angeles County.
In addition, Christi has an active mandamus and appellate litigation practice. Her
published cases include the following:
City of West Hollywood V. Beverly, Towers, 52 Cal.3d 1194 (1992) (vested rights in the
condominium conversion context)
Consaul v. City, of San Diego, 6 Cal.App.4th 1781 (1992) (filed amicus brief; vested rights
in land development context)
:'he People v. Scott; 20 Cal.AppAth Supp. 5 (1993) (constitutionality of local "no
camping" ordinance)
Del Oro Hills v. City of Oceanside, 31 Cal.App.4th 1060 (1995) (filed amicus brief;
damages in "takings" case)
Getz v. Cily of West Hollywood, 233 Cal.App.3d 625 (1991) (rent control case);
West Hollywood Concemed Citizens v. City of West Hollywood, 232 Cal.App.3d 486
(1991) (rent control case)
Las Tunas Geologic Hazard Abatement District v. City of Malibu, 38 Cal.AppAth 1002
(1996) (statutory interpretation)
Trancas property Owners Ass'n v. City, of Malibu, 61 Cal.AppAth 1058 (1998)(deference
to local agency interpretation)
Re -Open Rambla Inc. v. Board of Supervisors, 39 Cal.App.4th 1499 (1995)(newly
incorporated city's responsibility for county roads)
Marine Forests v. California Coastal Commission, 104 Cal.App.4th 1232 (2002)(Supreme
Court review granted)(amicus brief case involving separation of powers)
City of Malibu v. Santa Monica Mountains Conservancy,, 98 Cal.App.4th 1379 (2002)
(state owned property subject to City zoning laws)
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Christi's publications include the following:
Contributing Author, Municipal Law Handbook California League of Cities, 1993
(authored section on Water Quality)
Contributing Author, "Municipal Law Practitioner's Directory", League of California
Cities, 1995 (authored section on contracts with special counsel)
Author, "The Struggle for Local Control: An Update from the Coastal Frontline, " Public
Law Journal, Vol. 262 No. 3 Summer 2003.
Author, "Can Barbra Sireisand Confer Governmental Immunities to the Father of the
Bride? . And other Modern Dilemmas of Governmental Immunities, " League of California
Cities, City Attorneys Department, 2002
Author, "The Impact of Cityhood on Land Use, " Real Estate Section, Los Angeles
County Bar Association, October 2002
Author, "The Building Permit Rule is Alive and Living in California: A Second Look at the
Vested Rights Doctrine," Shepard's California Land Use Reporter, 1993
Author, "Things That Can Be Regulated Outside: Camping in Public Places and Street
Vendors," League of California Cities, City Attorneys Department, 1992
Co -Author, "The Rent Control- Wars: An Update from the Front," California Land Use
Institute, 1991
Gregg, Kovacevich. Gregg graduated Pepperdine University Law School in 1995
and earned his Masters of Law in 1996 from the University of San Diego School of Law. His
practice has been concentrated in the area of land use and land development law. He has
represented both public and private clients in complex land use and entitlement matters. He is
experienced in negotiating leases and contracts and in managing construction projects. Gregg is
also a trained mediator. Gregg serves as legal counsel to the City of Malibu Planning
Commission.
The Firm's References.
Feel free to contact any of our past or present clients or any of our city attorney colleagues
to team more about us. Other references are available on request.
Steve Burrell, City Manager, City of Hermosa -Beach (310) 318-0216
J.R. Reviczky, Councilmember, City of Hermosa Beach (310) 379-6267
Craig Nealis, City Manager, City of Rolling Hills (310) 377-2554
:Crank Hill, Mayor, City of Rolling Hills (310) 377-2181.
Tom Heinsheimer, Councilmember, City of Rolling Hills (310) 377-1993
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Linda Lowry, City Manager, City of Diamond Bar (909) 839-7110
Paul Arevalo, City Manager, City of West Hollywood (323). 848-6421
Abbe Land, Councilmember, City of West Hollywood (310) 657-0400.
Katie Lichtig, City Manager, City of Malibu (310) 456-2489 x226
Jeffrey Jennings, Councilmember, City of Malibu (805) 485-4820
JoAnne Speers, General Counsel, League of California Cities (916) 658-8233
Jackie Bacharach, Executive Director, South Bay Cities Council of Governments
(310) 377-8987
Steve West, District Manager, San Gabriel Valley Vector & Mosquito Control District
(626) 814-9466
We carry professional liability, general liability and workers' compensation
insurance at adequate levels to satisfy all our municipal clients. All lawyers in the firm are
members in good standing of the California State Bar. Neither the firm. nor any of its, members
have ever been sued for professional malpractice or been disciplined by the State Bar.
JUN-23-2004 11:57 3106439441 P.Oe
EXHIBIT #B
w
• EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
$250.00 per hour for partners
$185.00 per hour for associates
Billing done in tenth of an hour increments.
B. Travel
1. Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests .
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billing
All billing shall be done monthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
agree/forms/exB-hourly fee/7/12/04 EXHIBIT B 1
Hourly Payment
• EXHIBIT "B" •
. Payment Schedule (Hourly Payment)
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead: For example., time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. , CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for. work it has done
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
agree/forms/exB-hourly fee/7/12/04 EXHIBIT B 2
Hourly Payment
y
• EXHIBIT "B"
Payment Schedule (Hourly Payment)
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein. .
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/exB-hourly fee/7/12/04 EXHIBIT B
Hourly Payment
1. Requested by: JENNIFER McGRATH, City Attorney
2. Date: October 11, 2004
3. Name of consultant: JENKINS & HOGIN LLP
4. Description of work to be performed: Legal consultant on all matters in
connection with the conversions of apartment buildings to condominiums
5. Amount of the contract: $50,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10015101.69375
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11. Attach list of consultants from whom proposals were requested (including a .,
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
CHAR AMADRIL, Mana er
Purchasing/Central Services
If the answer to any these questions is "No," the contract will require approval from the City Council.
Purchasing Certificate October 14, 2004 10:05 AM
REQUESTS FOR PROPOSALS SENT TO:
Kevin Gibson Ennis, Esq.
Richards Watson & Gershon
355 S. Grand Avenue 40FL
Los Angeles, CA 90071-3101
Best Best & Krieger
5 Park Plaza, Suite 1500
Irvine, CA 92614
Michael Jenkins, Esq.
"1 Jenkins & Hogin LLP
1230 Rosecrans Avenue #110
Manhattan Beach, CA 90266-2436
r
10
�
•
INSURANCEISSUE
DATE (MM/DD/YY)
11/18/04
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THEIR CERTIFICATE HOLDER. TIES CERTIFICATE DOES NOT AMEND, EXTEND
OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Marsh Affinity Group Services
1776 West Lakes Parkway
West Des Moines, Iowa 50398
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER
A Arch Insurance Group
INSURED
Jenkins & Hogin, LLP
COMPANY
LETTER
B
COMPANY
LETTER
C
1230 Rosecrans Avenue
Suite 110
Manhattan Beach, CA 90266
COMPANY
LETTER
D
COMPANY
LETTER
E
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH
POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECIT
-DATE D
POLICY EXPIRATION
DATE MWDD
GENERAL LIABILITY i
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F-] OCCURRENCE
OWNER'S & CONTRACTORS PROTECTIVE
.
GENERAL AGGREGATE
PRODUCTS-COIProPS AGGREGATE
PERSONAL & ADVERTISING INJURY
EACH OCCURRENCE
FIRE DAMAGE (ANY ONE FIRE)
MEDICAL EXPENSE (ANY ONE PERSON!)
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
APP
zovnp�
�/ /�
�rr`N I
CSL
$
BODILY
INJURY
(PER PERSON)
$
BODILY
INJURY
(PER
ACCIDENT)
$
PROPERTY
DAMAGE
EXCESS LIABILITY
OTHER THAN UMBRELLA FORM
1FER MCGRA
H, Citx ttonyf-'
juer
EACH
OCCURRENCE
$
AGGREGATE
$
WORKERS' COMPENSATION
AND -
EMPLOYERS' LIABILITY
STATUTORY
$ (EACH ACCIDENT)
$ - (DISEASE -POLICY LIMM
$ (DISEASE -EACH EMPLOYEE)
A
OTHER
Lawyers' Professional Liability
I ILPL3240060
03/01/04
03/01/05
LIMITS:
$ 1,000,000 Each Claim
$ 3,000,000 Aggregate
$ 1 Q000 Each Claim Deductible
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Huntington Beach 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY
2000 Main Street KIND UPON THE COMPANY, ITS AGENT R REPRESENTATIVES.
Huntington Beach, CA 92648
AUTHORIZED
y
INSURANCE AND INDEMNIFICATION WAIVER
n,
MODIFICATION REQUEST
1.
Requested by: Jennifer McGrath, City Attorney
2.
Date: September 30, 2004
3.
Name of contractor/permittee: Jenkins & Hogin, LLP
4.
Description of work to be performed: Legal consultant services in connection with the
conversions of apartment buildings to condominiums
5.
Value and length of contract: 3 years
6.
Waiver/modification request: Waive $10,000 deductible on professional liability insurance
7.
Aly
Reason for request and why it should be granted: Unab e to comp y wit�city's zero
deductible requirement
8.
Identify the risks to the City in approving this waiver/modification: None
Department ead Signature Date:
APPROVALS
Approvals must'be obtained in the order, listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorneys Office disagree.
1.
Risk Management t
Approved ❑ Denied / U
Signature Date
2.
City Attorney's Office
Approved ❑ Denied(J� .
Signature Date
3.
City Administrator's Office
Approved ❑ Denied /Z < .-
s' Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorneys Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the RiskManagement Division of Administrative Services
Document3 September 30, 2004 10:51 AM