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2021/12/15 Rutan and Tucker, LLP Amendment No. 1 to Agreement between Rutan and Tucker, LLP and the City of Menifee for City Attorney ServicesAMENDMENT NO. 1 TO AGREEMENT BETWEEN RUTAN & TUCKER, LLP AND THE CITY OF MENIFEE FOR CITY ATTORNEY SERVICES This is Amendment No. 1 to that certain AGREEMENT for Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and RUTAN & TUCKER, LLP (“Consultant”) for CITY ATTORNEY SERVICES which Amendment No. 1 is made and entered into on ______________, 2021 to update compensation schedules as indicated below: 1. Section 5, “Compensation” is amended to update the compensation schedules set forth in Exhibits “A”, and is amended to read as follows: Section 5. COMPENSATION. Effective January 1, 2022, Consultant’s fees will be charged on an hourly basis for all time actually expended and based on the updated “Amendment No. 1 Exhibit A Updated Compensation Schedules” referenced herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 2. All other terms and conditions of the Agreement remain in full force and effect. DocuSign Envelope ID: 6743677D-B385-4E65-931F-90F542364EF4DocuSign Envelope ID: E50D00B5-C379-4137-82AD-E77EEF107BC8 December 15 Professional Services Amendment No. 1 with RUTAN & TUCKER, LLP CITY OF MENIFEE RUTAN & TUCKER, LLP _______________________________ _______________________________ Armando G. Villa, City Manager Jeffrey T. Melching, Partner Attest: ________________________________ _______________________________ Sarah A. Manwaring, City Clerk DocuSign Envelope ID: 6743677D-B385-4E65-931F-90F542364EF4DocuSign Envelope ID: E50D00B5-C379-4137-82AD-E77EEF107BC8 Professional Services Amendment No. 1 with RUTAN & TUCKER, LLP Amendment No. 1 Exhibit A Updated Compensation Schedules Effective January 1, 2022: (1) the rate on the first 60 hours of retainer work per month would cause an increase from $195/hour to $224/hour (2) the rate on the “general” services above 60 hours would move the rate from $205/hour to $236/hour, and (3) the rate on the “special” services would move the rate from $230/hour to $264/hour. (4) the rate on the paralegal services would move the rate from $130/hour to $149/hour. (5) Reimbursable Services (Developer/Third Party Paid and Bond/Finance Work): Design Rates a. *in the case of Bond Work, the total billing will be capped at the same percentages of the total issuance as specified in the 2014 agreement. b. **“Design Rates” are the normal/non-discounted rates that the law firm charges to other law firm/private clients and are based on the broader market for legal services. These rates change, typically annually, and the City Attorney will provide updated “rate sheets” showing the design rates to the City at the start of each calendar year. (6) Annual CPI Adjustment Rates: General Services, Special Services and Paralegal Services annual rates adjustments each July 1st, starting with July 1, 2022, will be based on the lower of: three percent (3%) or the Consumer Price Index “CPI” for the Riverside-San Bernardino-Ontario region - from January of the preceding year to January of the current year, but shall not be less than zero percent (0%), and will be subject to written approval by the City Manager and dependent on changes in the City’s revenue. Annual rate adjustment requests must be received no later than March 1st of each year. Rate adjustment requests over 3% shall require City Council approval. DocuSign Envelope ID: 6743677D-B385-4E65-931F-90F542364EF4DocuSign Envelope ID: E50D00B5-C379-4137-82AD-E77EEF107BC8