HomeMy WebLinkAboutItem No. 06 Sixth Amend Agrmnt for Legal ServicesText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-139
Agenda Date: 4/11/2017 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 6)
Page 1 City of Lake Elsinore Printed on 4/6/2017
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 11, 2017
Re:Sixth Amendment To Amended And Restated Agreement For Legal
Services
Recommendation
That the City Council and the Successor Agency approve and authorize the Mayor/Chairperson
to execute the Sixth Amendment to the Amended and Restated Agreement for Legal Services.
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 March 28, 2017.
Discussion
The term of the existing Agreement for Legal Services ends on June 30, 2017.
A Sixth Amendment has been prepared by the City Attorney and is attached for consideration
by the City Council. Only two changes are reflected in the Sixth Amendment and all other terms
and conditions remain the same. First, the term of the existing Agreement for Legal Services
will be extended through June 30, 2023. Second, legal services provided as Issuer’s Counsel
for Municipal Bonds shall be compensated at $395 per hour.
Fiscal Impact
Except for compensation for services provided as Issuer’s Counsel for Municipal Bonds which
may be paid from the cost of issuance, the proposed Amendment does not change the financial
terms for legal services and costs under the existing Agreement.
Sixth Amendment to Amended and Restated Agreement for Legal Services
April 11, 2017
Page 2
Prepared by:Barbara Leibold
City Attorney/Agency Counsel
Approved by:Grant Yates
City Manager/Executive Director
Attachments: Sixth Amendment
@BCL@9C05B719
SIXTH AMENDMENT
TO AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES
This Sixth Amendment to the Amended and Restated Agreement for Legal Services (the
“Amendment”), dated as of April 11, 2017 (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, the Fourth Amendment dated April 9, 2013 and Fifth
Amendment dated April 22, 2014 (collectively, the “Agreement”).
B.On March 28, 2017, the City Council evaluated the performance of LMM and based
upon a positive review desires to extend the Agreement.
AGREEMENT
1.Section 2 of the Agreement is amended to extend the Term of Agreement through
June 30, 2023.
2.Exhibit B “Schedule of Charges” is amended only as to compensation for services
provided as Issuer’s Counsel for Municipal Bonds which services shall be compensated at $395 per
hour.
3.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 SixthAmendment to be executed on
April 11, 2017.
CITY OF LAKE ELSINORE: SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF
LAKE ELSINORE:
________________________________________________________
Robert E. Magee Robert E. Magee
Mayor Chairperson
ATTEST:LEIBOLD MCCLENDON & MANN, PC
____________________________________________________________
Susan M. Domen, MMC By:Barbara Z. Leibold
City Clerk/Agency Secretary