T-OCA-150034.004/65448 1
FOURTH AMENDMENT TO
OUTSIDE COUNSEL SERVICES AGREEMENT
BETWEEN THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SUNNYVALE AND
GOLDFARB & LIPMAN LLP
(Former RDA Related Issues)
THIS FOURTH AMENDMENT TO OUTSIDE COUNSEL SERVICES AGREEMENT is entered into this _____ day of __________, 2022, by the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SUNNYVALE (“Agency”), a public agency organized and existing under Health and Safety Code section 34173 (g) and GOLDFARB & LIPMAN LLP, engaged in the practice of law in California (“Outside Counsel”).
RECITALS
WHEREAS, on June 20, 2013, Agency and Outside Counsel entered into an agreement entitled, “Outside Counsel Services Agreement between the Successor Agency to the Redevelopment Agency of the City of Sunnyvale and Goldfarb & Lipman LLP (Former RDA Related Issues)” (“Agreement”); and
WHEREAS, on March 31, 2016, Agency and Outside Counsel entered into a first amendment to the Agreement extending the term and increasing the compensation by $50,000 to a total compensation amount of $100,000; and
WHEREAS, on July 28, 2016, Agency and Outside Counsel entered into a second amendment to the Agreement increasing the amount of total compensation allowed to $200,000; and WHEREAS, on March 28, 2019, Agency and Outside Counsel entered into a third amendment to the Agreement increasing the amount of total compensation allowed to $275,000; and WHEREAS, Agency and Outside Counsel desire to amend the Agreement to extend the term and increase the amount of total compensation allowed to $375,000.
NOW, THEREFORE, the parties agree to amend the amended Agreement as follows:
1. Section 2.0 is hereby amended to read as follows:
2.0. TIME OF PERFORMANCE. The term of this Agreement shall from December 31, 2022 to December 31, 2025.
2. Section 3.0 is hereby amended to read as follows:
3.0 COMPENSATION, REIMBURSEMENT AND METHOD OF
PAYMENTS.
Attachment 1
DRAFT 12/8/22___________
T-OCA-150034.004/65448 2
3.1 Compensation. Fees for all legal services provided
hereunder shall be charged in accordance with Exhibit “A” which is attached and incorporated by reference. Exhibit “A” may be amended, from time to time, to alter fees and charges applicable hereto provided that a letter agreement is duly signed and approved by the Agency Counsel. The
total amount of fees and expenses shall not exceed
$375,000. Outside Counsel shall notify the City prior to incurring billable costs in excess of 95% of the not-to- exceed amount.
3. Third Revised Exhibit A, “Fee Schedule” is amended to read as shown in Fourth Revised Exhibit A, attached and incorporated into this Fourth Amendment.
4. All of the terms and conditions of the amended Agreement not specifically modified by this Fourth Amendment shall remain in full force and effect.
WITNESS THE EXECUTION HEREOF on the day and year first written above.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE
CITY OF SUNNYVALE, a public agency
organized and existing under Health and
Safety Code section 34173 (g)
By______________________________
JOHN A. NAGEL
Agency Counsel
Dated: _________________
GOLDFARB & LIPMAN LLP, a professional
corporation
By ______________________________
KAREN M. TIEDEMANN
Partner
Dated: ____________________
Attachment 1
T-OCA-150034.004/65448 A-1
REVISED EXHIBIT A
FEE SCHEDULE
HOURLY RATES
Partner $315-$340
Senior Counsel $310-$340
Associate $220-310
Senior Law Clerk $ 195
Law Clerk $ 160
Litigation Paralegal $ 175
Project Coordinator $175
Attachment 1