HomeMy WebLinkAbout2012 CON SA Cummins & White LLP - Amendment #1- Legal ServicesFIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AND
CUMMINS & WHITE, LLP
This FIRST AMENDMENT to Agreement is entered into this 4th day of December, 2012,
by and between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body,
corporate and politic, (the "SUCCESSOR AGENCY"), and CUMMINS & WHITE, LLP, (the
"FIRM").
RECITALS
A. The SUCCESSOR AGENCY and the FIRM (the "Parties") entered into an Agreement on
June 19, 2012, ("the Agreement") wherein the FIRM agreed to furnish to the Oversight
Board all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional legal consulting services
necessary, and subject to the terms of the Agreement.
B. The Parties desire to amend the Agreement to increase the term of the Agreement for one
year, expiring December 31, 2013, with no increase in compensation.
NOW, THEREFORE, the parties hereto agree that the Agreement, shall be amended by
amending Article 14 of the Agreement by increasing the term of the Agreement for one year,
continuing through December 31, 2013.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated June 19, 2012, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
SUCCESSOR AGENCY TO THE
COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL
CITY REDEVELOPMENT AGENCY
B
Leslie Deese
Executive Director
r
APP 1 )(ED AS TO FORM:
By:
is G. cit , Silva
Successor Zen• Counsel
CUMMINS & WHITE, LLP
By:
James R. Wakefield 1
Managing Partner
RESOLUTION NO. 2012 — 26
RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION AS
THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE A FIRST AMENDMENT
TO THE AGREEMENT WITH CUMMINS & WHITE, LLP,
TO PROVIDE LEGAL SERVICES TO THE OVERSIGHT BOARD
WHEREAS, on June 19, 2012, the Successor Agency adopted Resolution No.
2012-14, approving an Agreement with the law firm of Cummins & White, LLP, to provide legal
services to the Oversight Board through December 31, 2012, for the not to exceed amount of
$270,000; and
WHEREAS, the parties desire to amend the Agreement to increase the term for
one year, expiring December 31, 2013, with no increase in compensation.
NOW, THEREFORE, BE IT RESOLVED that the Board of the Successor Agency
to the Community Development Commission as the National City Redevelopment Agency does
hereby authorize the Executive Director to execute the First Amendment to the Agreement with
the law firm of Cummins & White, LLP, to provided legal services to the Oversight for one
additional year, expiring on December 31, 2012, with no increase in compensation. Said First
Amendment to the Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 4th day of Dece , 2012
ATTEST:
1
Michael R. Dalla, City Clerk as
Secretary to the Successor Agency
A'PROVED AS TO FORM:
11
C l=eGacitu • va
Su cessor A•r ounsel
on Morrison, Ct airman
Passed and adopted by the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California, on
December 4, 2012 by the following vote, to -wit:
Ayes: Boardmembers Cano, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: Boardmember Natividad.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman of the Successor Agency to the
Community Development Commission
as the Redevelopment Agency of the
City of National City, California
City Clerk Serving as Secretary
to the Successor Agency
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-26 of the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California,
passed and adopted on December 4, 2012.
City Clerk Serving as Secretary
to the Successor Agency
By:
Deputy
•
MEETING DATE:
SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AGENDA STATEMENT
December 4, 2012
AGENDA ITEM NO. 2
ITEM TITLE:
Resolution of the Board of the Successor Agency to the CDC as the National City Redevelopment
Agency authorizing the Executive Director to execute the First Amendment to the Agreement for legal
services to the Oversight Board provided by Cummins & White to extend the term of the Agreement
for one year, expiring December 31, 2013.
PREPARED BY: Claudia Gacitua Silva DEPARTMENT: City •, orney
YE 1
1
PHONE: Ext. 4222
APPROVED BY:
EXPLANATION:
The Successor Agency and the law firm of Cummins & White entered into an Agreement on June 19,
2012, ("the Agreement") wherein the Cummins & White agreed to furnish to the Oversight Board all
labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the professional legal consulting services necessary, and subject to the terms of the
Agreement.
the Agreement will expire on December 31, 2012. The parties desire to amend the Agreement to
increase the term of the Agreement for one year, expiring December 31, 2013, with no increase in the
not to exceed amount.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt proposed resolution.
BOARD / COMMISSION RECOMMENDATION:
•N/A
ATTACHMENTS:
First Amendment to the legal services Agreement with Cummins & White, LLP
Proposed resolution
•
•
•
RESOLUTION NO. 2012 —
RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION AS
THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE A FIRST AMENDMENT
TO THE AGREEMENT WITH CUMMINS & WHITE, LLP,
TO PROVIDE LEGAL SERVICES TO THE OVERSIGHT BOARD
WHEREAS, on June 19, 2012, the Successor Agency adopted Resolution No.
2012-14, approving an Agreement with the law firm of Cummins & White, LLP, to provide legal
services to the Oversight Board through December 31, 2012, for the not to exceed amount of
$270,000; and
WHEREAS, the parties desire to amend the Agreement to increase the term for
one year, expiring December 31, 2013, with no increase in compensation.
NOW, THEREFORE, BE IT RESOLVED that the Board of the Successor Agency
to the Community Development Commission as the National City Redevelopment Agency does
hereby authorize the Executive Director to execute the First Amendment to the Agreement with
the law firm of Cummins & White, LLP, to provided legal services to the Oversight for one
additional year, expiring on December 31, 2012, with no increase in compensation. Said First
Amendment to the Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 4th day of December, 2012
ATTEST:
Michael R. Dalla, City Clerk as
Secretary to the Successor Agency
APPROVED AS TO FORM:
Claudia Gacitua Silva
Successor Agency Counsel
Ron Morrison, Chairman
•
•
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AND
CUIVIMINS & WHITE, LLP
This FIRST AMENDMENT to Agreement is entered into this 4th day of December, 2012,
by and between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body,
corporate and politic, (the "SUCCESSOR AGENCY"), and CUMMINS & WHITE, LLP, (the
"FIRM").
RECITALS
A. The SUCCESSOR AGENCY and the FIRM (the "Parties") entered into an Agreement on
June 19, 2012, ("the Agreement") wherein the FIRM agreed to furnish to the Oversight
Board all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional legal consulting services
necessary, and subject to the terms of the Agreement.
B. The Parties desire to amend the Agreement to increase the term of the Agreement for one
year, expiring December 31, 2013, with no increase in compensation.
NOW, THEREFORE, the parties hereto agree that the Agreement, shall be amended by
amending Article 14 of the Agreement by increasing the term of the Agreement for one year,
continuing through December 31, 2013.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated June 19, 2012, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
SUCCESSOR AGENCY TO THE
COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL
CITY REDEVELOPMENT AGENCY By: %YL��X
James R. Wakefield
Managing Partner
By: g)o
Leslie Deese
Executive Director
APPROVED AS TO FORM:
By:
Claudia Gacitua Silva
Successor Agency Counsel
CUMMINS & WHITE, LLP
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
CUMMINS & WHITE
Amendment #1
Legal Services to the Oversight Board
Denise Davis (Redevelopment) Forwarded
Copy of Amendment to Cummins & White