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HomeMy WebLinkAbout25B - PARALEGAL SVCS CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APRIL 7, 2008 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AMENDMENT TO PARALEGAL SERVICES AGREEMENT WITH BEAUCHAMP ENTERPRISES, INC. CONTINUED TO tto:o. FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amended agreement with Beauchamp Enterprises, Inc. increasing the hourly rate from $40.00 to $58.00, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City Attorney's Office provides a variety of legal services including the representation of the City and its officials in judicial proceedings. This is primarily done through full-time staff including paralegals. Occasionally, unforeseen circumstances and increases in active caseload require supplemental staff. In 2005, the Office contracted with Beauchamp Enterprises, Inc. to provide litigation paralegal assistance primarily related to eminent domain and support in right of way issues. Recently, the service provider obtained the Senior Right of Way Agent (SR/WA) designation through the International Right of Way Association. This designation is the most prestigious professional designation granted by the IRWA and is the only designation reflecting evidence of professional status in the Right of Way field. The City Attorney's Office has been notified that Beauchamp Enterprises, Inc. wishes to increase their fees. The request is for an hourly fee adjustment from $40 to $58. This rate is well below the billable rate of $95 to $125 hourly for paralegal work charged by Right of Way Agents who hold the SR/WA designation. Beauchamp Enterprises, Inc. has provided the City with exceptional and cost-effective paralegal support. The revised hourly rate of $58 per hour remains consistent with the company's previous pricing policy and provides a substantial cost savings to the City. 258-1 Amendment to Paralegal Services Agreement with Beauchamp Enterprises, Inc. April 7, 2008 Page 2 FISCAL IMPACT Funds are budgeted and available in the City Attorney Other Personnel Services account (no. 11-031-6191) and various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: --- ,(\.~~~~~~') ~.\ ~. , Francisco Gutierrez fJ Executive Director Finance & Management Services Agency Enr~que A Executiv Personnel Jim Ross Executive Public Wo 258-2 FIRST AMENDMENT TO BEAUCHAMP ENTERPRISES, INC. AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on April 1, 2008, by and between Beauchamp Enterprises, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2005-019, dated February 8, 2005, (hereinafter "said Agreement") by which Consultant has provided special skill and knowledge in the field of real estate and paralegal services. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to pay for services during the term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2 a., COMPENSATION, shall be amended to increase compensation from $40.00 per hour to $58.00 per hour. It shall read as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $58.00 per hour." 2. Except as hereinabove amended, all terms and conditions of said Agreement and Amendment shall remain in full force and effect. 258-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Jose Sandoval Sr. Assistant City Attorney CONSULTANT R. BEAUCHAMP President/CEO Tax ID# 75-3075206 258-4