HomeMy WebLinkAbout14-101 Fifth AmmendmentCITY OF
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DREAM EXTREMEn
JOINT REPORT TO CITY COUNCIL AND SUCCESSOR AGENCY
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
HONORABLE CHAIRPERSON
AND MEMBERS OF THE SUCCESSOR AGENCY
DATE: APRIL 22, 2014
RE: FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT
FOR LEGAL SERVICES
Recommendation
That the City Council and the Successor Agency approve the Fifth Amendment to the
Amended and Restated Agreement for Legal Services and authorize the
Mayor /Chairperson to execute the same.
Background
City Attorney services are provided by the law firm of Leibold McClendon & Mann
(LMM) with Barbara Leibold serving as the City Attorney and General Counsel to the
Redevelopment Agency (now Successor Agency) since July 1, 1997. The City
Attorney's office advises City officials and staff regarding a variety of municipal law
matters, land use and planning laws, public contracting requirements, public finance
issues, and redevelopment dissolution procedures as well as negotiating and preparing
contracts, ordinances and resolutions.
The Agreement for Legal Services between the City /Successor Agency and LMM
provides that the City Council annually review the City Attorney's performance. Such
performance evaluation was conducted in closed session at the City Council's meeting
on April 8, 2014.
Discussion
The term of the existing Agreement for Legal Services ends on June 30, 2015.
A Fifth Amendment has been prepared by the City Attorney and is attached for
consideration by the City Council. The only change reflected in the Fifth Amendment is
that the term of the existing Agreement for Legal Services will be extended through
June 30, 2017.
Fifth Amendment to Amended and Restated Agreement for Legal Services
April 22, 2014
Page 2
Fiscallmpact
The proposed Amendment does not change the financial terms of the existing
Agreement for Legal Services.
Prepared by: Barbara Leibold
City Attorney /Agency Counsel
Approved by: Grant Yates
City Manager /Executive Director
Attachments: Fifth Amendment
FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR
LEGAL SERVICES
This Fifth Amendment to the Amended and Restated Agreement for Legal Services
(the "Amendment'), dated as of April 22, 2014 (the "Effective Date "), is by and among the
City of Lake Elsinore ( "City ") and the Successor Agency of the Redevelopment Agency of
the City of Lake Elsinore (the "Agency'), on the one hand (the Agency and the City are
collectively referred to herein as "City "), and Leibold McClendon & Mann ( "LMM "), on the
other hand.
RECITALS
A. LMM serves as City Attorney of the City and General Counsel to the former
Redevelopment Agency of the City of Lake Elsinore (now the Successor Agency) by way of
the Amended and Restated Agreement for Legal Services dated as of September 27,
2005, as amended by the First Amendment dated April 8, 2008, the Second Amendment
dated April 1, 2010, the Third Amendment dated August 9, 2011 and the Fourth
Amendment dated April 9, 2013 (collectively, the "Agreement').
B. On April 8, 2014, the City Council evaluated the performance of LMM.
AGREEMENT
Section 2 of the Agreement is amended to extend the Term of Agreement
through June 30, 2017.
2. Except as provided herein, the terms and conditions set forth in the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be
executed on April 22, 2014.
CITY OF LAKE ELSINORE: SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE:
Natasha Johnson
Mayor
ATTEST:
Virginia J. Bloom
City Clerk /Agency Secretary
Piflh Amend Agr for Legal Services 042214.doc
Natasha Johnson
Chairperson
LEIBOLD MCCLENDON & MANN, PC
By: Barbara Z. Leibold