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HomeMy WebLinkAbout03 - Agreement - Richards, Watson, Gershon~0 AGEhiOY BC`a~aRl? ~EETIRlfs DATE: A~~~~Y ~E~RETARY ~~E C)~iLY: .DANtJARY 18, 2011 TITLE SEC®IVD AIIdIE111DNIElVT TO LEGAL SERVICES AGREEMENT 4NITH RICFiARDS, V9/ATS®tV, GERSFI®N ~~(/ EXEC 149E ®IRECTCI: AF'PRbVEU ^ As Recommended Q As Amended [~ ©rdinance on 15~ Reading ® Ordiroance on Potl Reading Q Bmplementong Resolution ® Set PubBsc 1learing Por CO~~TIiVUED TO FILE I~UILnBER ~~~®~~E~DE® A~~~® Authorize the Executive Director and Agency Secretary to execute the attached Second Amendment to Legal Services Agreement with the law firm Richards, Watson & Gershon, to increase compensation by an additional $25,000, for a total aggregate amount not to exceed $50,000, subject to non-substantive changes approved by the Executive Director and Agency General Counsel DISCt1SSl®fV While the City Attorney's Office serves as general counsel to the Redevelopment Agency, from time to time it is necessary to contract for services through outside counsel. Those situations usually arise in complex real estate matters, litigation and special financial transactions such as bond issues that require particular expertise or focused resources. The Agency first retained the firm Richards, Watson & Gershon to provide special counsel services in February 2008. This agreement was amended in March 2009 to increase the total contract authority from $10,000 to $25,000, all of which has been fully expended. The City Attorney's Office and Agency staff recommend the Agency Board authorize a second amendment to the agreement to cover the costs incurred to evaluate the recent conflict of interest issue related to the Station District project and to provide additional services related to the challenge of the Downtown Community Management District. With the retirement of the former Agency General Counsel, continuity and time requirements require ashort-term need for special counsel services normally provided by the City Attorney's Office. The maximum hourly rate shall remain at $275 per hour. The term of the contract will expire on June 30, 2011. 3®1 Second Amendment to Legal Services Agreement Richards, Watson, Gershon January 18, 20'91 Page 2 FISCAL IMPACT Funds are available in the Merged Housing Capital Projects and Merged Admin accounts (nos. 50718830-66220 and 57018843-62300). APPROVED AS TO FUNDS AND ACCOUNTS: f ~` l ,: ,~' r E 3~ ~ d ~6sep~ Straka 'Interim Agency General Counsel Community Redevelopment Agency Francisco Gutierrez Executive. Director Finance & Management Services Agency CJN/JWF/kg Exhibits: 1. Second Amendment 3-2 SECO1~iID AR'IENID1VIEl~i'I' T® LEGAL SERVICES AGREEIVIEIVTT This Second Amendment, made and entered into this day of January, 2011, by and between Richards, Watson, Gershon, a Professional Corporation (hereinafter "Attorneys"), and the Community Redevelopment Agency of the Agency of Santa Ana, a public body, corporate and politic ("Agency") RECITALS A. The parties hereto entered into a certain agreement dated February 14, 2008 hereinafter referred to as "said agreement as amended," for the purpose of employing Attorneys to assist Agency General Counsel in the provision of legal services to the Agency B. Agency and Attorneys desire to amend the fee schedule of said agreement as amended. 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 Amendment to Agreement, the parties agree as follows: 1. Section 2.A, PAYMENT FOR SERVICES RENDERED, shall be amended to modify the total sum amount expended in each fiscal year. Said Section 2.A shall read in full as follows: "Agency agrees to compensate Attorneys, and Attorneys agree to accept from Agency, as and for payment in full for all of said services in regard to each such action, compensation at a maximum rate of $275 per hour for work performed by Attorneys. The total sum to be expended pursuant to this Agreement shall not exceed $50,000 for Fiscal Year 2010-2011 and shall expire June 30, 2011. Agency shall, within 30 days of receipt of a bill for services rendered, pay Attorneys' fees and costs as identified in this Agreement, subject to Agency's accounting procedures." 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 1 3-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Secretary APPROVED AS TO FORM: Interim Agency General Counsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA Cynthia J. Nelson Executive Director RICHARDS WATSON GERSHON Kevin G. Ennis Partner 3-4