Los Angeles

Port of LA

September 07, 2023 Item #9

Agenda Item 9

9. RESOLUTION NO. ____________ - FIRST AMENDMENT TO LEGAL SERVICES\nAGREEMENT NO. 22-9911 WITH NOSSAMAN LLP FOR THE HARBOR\nPERFORMANCE ENHANCEMENT CENTER, LLC LITIGATION\nSummary: The Office of the City Attorney at the City of Los Angeles Harbor Department requests\napproval of a First Amendment to Agreement No. 22-9911 with Nossaman LLP. The proposed\nFirst Amendment will increase the Agreement authority by $988,625, from $150,000 currently,\nto $1,138,625 as proposed. The three-year Agreement term will remain unchanged; the\nAgreement will expire on December 7, 2025. The additional funding will allow Nossaman to\ncontinue to represent the Port of Los Angeles in ongoing litigation related to the Harbor\nPerformance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al (state\ncourt action identified as Superior Court Case No. 21STCV15500). The Harbor Department will\ncontinue to be financially responsible for payment of expenses incurred under the Agreement.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) find that, in accordance with Charter Section 1022, the scope of work of\nthe proposed Agreement can be more economically and feasibly provided by an independent\ncontractor than by City employees; (3) approve the First Amendment to Agreement No. 22-9911\nwith Nossaman, to increase the agreement authority by $988,625 from $150,000 to $1,138,625;\n(4) authorize the Executive Director to execute and the Board Secretary to attest to the First\nAmendment; and (5) adopt Resolution No. __________.