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HomeMy WebLinkAbout2013 CON SA Kane, Ballmer & Berkman - Legal Services - Amendment #2NOTE TO FILE 12-16-13 IN THE MATTER OF: Resolution of the Successor Agency to the CDC as the National City Redevelopment Agency ("Successor Agency") authorizing the Chairman to execute a Second Amendment to the Agreement for legal services between the Successor Agency, Community Development Commission - Housing Authority of the City of National City, and Kane Ballmer & Berkman pertaining to Redevelopment and Housing Authority matters to increase the not to exceed amount by $43,000 for a total amount of $93,000. Please note the following: THE FULLY EXECUTED ORIGINAL AMENDMENT HAS BEEN FILED WITH CDC - HOUSING AUTHORITY RESOLUTION NO. 2013-19 UNDER THE SAME FILE NO. C2011-5 • Only one fully executed original amendment has been provided for both Successor Agency Resolution No. 2013-41 and CDC — Housing Authority Resolution No. 2013-19 NTF SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, AND KANE, BALLMER & BERKMAN This SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (the "Second Amendment") is entered into this 19th day of November, 2013, by and between THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public entity, duly created, validly existing and in good standing under the laws of the State of California (the "SUCCESSOR AGENCY") (as the successor in interest to the Community Development Commission of the City of National City, acting in its capacity as the National City Redevelopment Agency (the "CDC -RDA")); THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (the "CDC -HA"); and KANE, BALLMER & BERKMAN, a law corporation, (the "FIRM"). RECITALS A. The SUCCESSOR AGENCY, the CDC -HA, and the FIRM (the "Parties") entered into an Agreement for legal services on February 1, 2011, (the "Agreement") wherein the FIRM agreed to provide as -needed professional legal services pertaining to redevelopment and housing authority matters subject to the terms and conditions of the Agreement. B. The First Amendment to the Agreement entered into on July 3, 2012, increased the not to exceed amount of compensation payable to the FIRM as stated in Article 3,'Section C of the Agreement by an additional $25,000, for a total not to exceed amount of $50,000. C. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the Agreement by $43,000, for a total not -to -exceed amount of $93,000. D. On January 10, 2012, the City Council of the City of National City adopted Resolution No. 2012-15, pursuant to Part 1.85 of Division 24 of the California Health and Safety Code, electing for the City to serve as the successor agency to the CDC -RDA upon the dissolution of the National City Redevelopment Agency and the CDC -RDA. E. On February 1, 2012, all California redevelopment agencies and all redevelopment agency components of community development agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing, and enforcing the enforceable obligations of the former redevelopment agencies. F. The services related to matters of the SUCCESSOR AGENCY and/or the former National City Redevelopment Agency/CDC-RDA under this Second Amendment will be included on the SUCCESSOR AGENCY'S Recognized Obligation Payment Schedule and the Recognized Obligation Payment Schedule will require the approval of the Oversight Board to the Successor Agency prior to being effective. NOW, THEREFORE, the SUCCESSOR AGENCY, the CDC -HA, and the FIRM hereto agree that the Agreement entered into on February 1, 2011, as amended by the First Amendment, is hereby further amended by this Second Amendment by amending Article 3 (Compensation), Section C of the Agreement and increasing the not -to -exceed amount by $43,000, for a total not -to -exceed amount of $93,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated February 1, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second 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: AP Bv: n Morrison Chairman S TO FORM: acitua Silva Gener ol ounsel THE COM NITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY B on Morrison Chairman AP.'SVE1• S TO FORM: d' citua Silva Gener Co nsel November 19, 2013 KANE BALLMER & BERKMAN By:. 6)d"Al-e— Murray O. Kae, President By: J6-s!tri- . Kendall D. Berkey, Officer 2 Second Amendment to Agreement Successor Agency, CDC -HA & Kane Ballmer & Berkman RESOLUTION NO. 2013 — 41 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ("SUCCESSOR AGENCY") AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY, COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF CITY OF NATIONAL CITY, AND KANE BALLMER & BERKMAN PERTAINING TO REDEVELOPMENT AND HOUSING AUTHORITY MATTERS TO INCREASE THE NOT TO EXCEED AMOUNT BY $43,000 FOR A TOTAL AMOUNT OF $93,000 WHEREAS, the Successor Agency, the Community Development Commission —Housing Authority of the City of National City ("CDC -HA"), and Kane Ballmer & Berkman entered into an Agreement for legal services on February 1, 2011, (the "Agreement") for the not to exceed amount of $25,000 wherein Kane Ballmer & Berkman agreed to provide as -needed professional legal services pertaining to redevelopment and housing authority matters subject to the terms and conditions of the Agreement; and WHEREAS, the First Amendment to the Agreement entered into on July 3, 2012, increased the not to exceed amount of compensation payable to Kane Ballmer & Berkman by an additional $25,000, for a total not to exceed amount of $50,000; and WHEREAS, the parties desire to amend the Agreement to increase the not - to -exceed amount of the Agreement by $43,000, for a total not -to -exceed amount of $93,000; and WHEREAS, the services related to matters of the Successor Agency under this Second Amendment are included on the Successor Agency's Recognized Obligation Payment Schedule, and will require the approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being effective as to the Successor Agency. NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency hereby authorizes the Chairman to execute the Second Amendment to the Agreement for legal services with Kane Ballmer & Berkman, and to increase the not to exceed amount by $43,000, for a total Agreement amount of $93,000. [SIGNATURE PAGE TO FOLLOW] Resolution No. 2013 — 41 Page Two PASSED and ADOPTED this 5th day of Novem13. Morrison, Chairman ATTEST: /d Michael R. Dalla,,City Clerk as Secretary to the Successor Agency ROV,D AS TO FORM: Cis G.: ' ua Silva Successor g: ncy Counsel 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 3, 2013 by the following vote, to -wit: Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. 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 ity 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. 2013-41 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 3, 2013. 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 oECF.MBzR Oetober 36, 2012 yc6-vr:-1\ AGENDA ITEM NO. 2 ITEM TITLE: Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") authorizing the Chairman to execute a Second Amendment to the Agreement for Legal Services between the Successor Agency and Kane Ballmer & Berkman to increase the not to exceed amount by $43,000, for a total agreement amount of $93,000 PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: r Agency Counsel APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in Account 711-409-000-209-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Second Amendment to the Agreement for Legal Services Proposed resolution STAFF REPORT SUBJECT: Second Amendment to the Agreement for legal services with Kane Ballmer & Berkman The Successor Agency, the CDC -HA, and the Kane Ballmer & Berkman (the "Parties") entered into an Agreement for legal services on February 1, 2011, (the "Agreement") wherein Kane Ballmer & Berkman agreed to provide as -needed professional legal services pertaining to redevelopment and housing authority matters subject to the terms and conditions of the Agreement. The First Amendment to the Agreement entered into on July 3, 2012, increased the not to exceed amount of compensation payable to Kane Ballmer & Berkman by an additional $25,000, for a total not to exceed amount of $50,000. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the Agreement by $43,000, for a total not -to -exceed amount of $93,000, as legal services continue to be needed. The services related to matters of the Successor Agency and/or the former National City Redevelopment Agency/CDC-RDA under this Second Amendment are included on the Recognized Obligation Payment Schedule. This Amendment will require the approval of the Oversight Board to the Successor Agency, as well as the State Department of Finance, prior to being effective. SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, AND KANE, BALLMER & BERKMAN This SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (the "Second Amendment") is entered into this 19th day of November, 2013, by and between THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public entity, duly created, validly existing and in good standing under the laws of the State of California (the "SUCCESSOR AGENCY") (as the successor in interest to the Community Development Commission of the City of National City, acting in its capacity as the National City Redevelopment Agency (the "CDC -RDA")); THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (the "CDC -HA"); and KANE, BALLMER & BERKMAN, a law corporation, (the "FIRM"). RECITALS A. The SUCCESSOR AGENCY, the CDC -HA, and the FIRM (the "Parties") entered into an Agreement for legal services on February 1, 2011, (the "Agreement") wherein the FIRM agreed to provide as -needed professional legal services pertaining to redevelopment and housing authority matters subject to the terms and conditions of the Agreement. B. The First Amendment to the Agreement entered into on July 3, 2012, increased the not to exceed amount of compensation payable to the FIRM as stated in Article 3, Section C of the Agreement by an additional $25,000, for a total not to exceed amount of $50,000. C. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the Agreement by $43,000, for a total not -to -exceed amount of $93,000. D. On January 10, 2012, the City Council of the City of National City adopted Resolution No. 2012-15, pursuant to Part 1.85 of Division 24 of the California Health and Safety Code, electing for the City to serve as the successor agency to the CDC -RDA upon the dissolution of the National City Redevelopment Agency and the CDC -RDA. E. On February 1, 2012, all California redevelopment agencies and all redevelopment agency components of community development agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing, and enforcing the enforceable obligations of the former redevelopment agencies. F. The services related to matters of the SUCCESSOR AGENCY and/or the former National City Redevelopment Agency/CDC-RDA under this Second Amendment will be included on the SUCCESSOR AGENCY'S Recognized Obligation Payment Schedule and the Recognized Obligation Payment Schedule will require the approval of the Oversight Board to the Successor Agency prior to being effective. NOW, THEREFORE, the SUCCESSOR AGENCY, the CDC -HA, and the FIRM hereto agree that the Agreement entered into on February 1, 2011, as amended by the First Amendment, is hereby further amended by this Second Amendment by amending Article 3 (Compensation), Section C of the Agreement and increasing the not -to -exceed amount by $43,000, for a total not -to -exceed amount of $93.000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated February 1, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second 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: Ron Morrison Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva General Counsel THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY By: Ron Morrison Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva General Counsel November 19, 2013 KANE BALLMER & BERKMAN B By: Murray O. Ke, President Kendall D. Berkey, Officer 2 Second Amendment to Agreement Successor Agency, CDC -HA & Kane Ballmer & Berkman RESOLUTION NO. 2013 — 41 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ("SUCCESSOR AGENCY") AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY, COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF CITY OF NATIONAL CITY, AND KANE BALLMER & BERKMAN PERTAINING TO REDEVELOPMENT AND HOUSING AUTHORITY MATTERS TO INCREASE THE NOT TO EXCEED AMOUNT BY $43,000 FOR A TOTAL AMOUNT OF $93,000 WHEREAS, the Successor Agency, the Community Development Commission —Housing Authority of the City of National City ("CDC -HA"), and Kane Ballmer & Berkman entered into an Agreement for legal services on February 1, 2011, (the "Agreement") for the not to exceed amount of $25,000 wherein Kane Ballmer & Berkman agreed to provide as -needed professional legal services pertaining to redevelopment and housing authority matters subject to the terms and conditions of the Agreement; and WHEREAS, the First Amendment to the Agreement entered into on July 3, 2012, increased the not to exceed amount of compensation payable to Kane Ballmer & Berkman by an additional $25,000, for a total not to exceed amount of $50,000; and WHEREAS, the parties desire to amend the Agreement to increase the not - to -exceed amount of the Agreement by $43,000, for a total not -to -exceed amount of $93,000; and WHEREAS, the services related to matters of the Successor Agency under this Second Amendment are included on the Successor Agency's Recognized Obligation Payment Schedule, and will require the approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being effective as to the Successor Agency. NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency hereby authorizes the Chairman to execute the Second Amendment to the Agreement for legal services with Kane Ballmer & Berkman, and to increase the not to exceed amount by $43,000, for a total Agreement amount of $93,000. [SIGNATURE PAGE TO FOLLOW] Resolution No. 2013 — 41 Page Two PASSED and ADOPTED this 5th day of November, 2013. Ron Morrison, Chairman ATTEST: Michael R. Dalla, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: Claudia Gacitua Silva Successor Agency Counsel CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk KANE, BALLMER & BERKMAN Amendment #2 Legal Services Denise Davis (Planning) Forwarded Copy of Amendment to Kane, Ballmer & Berkman