Title
Resolution to Approve Amendment Number 2 to the Legal Services Agreement with Rosati, Schultz, Joppich & Amtsbuechler, PC Relative to City Projects Requiring the Acquisition of Easements or Other Property Interests (Amendment 2 $150,000.00; Total $450,000.00)
Memorandum
Attached for your review and approval is a resolution to approve Amendment Number 2 to the legal services agreement with Rosati, Schultz, Joppich & Amtsbuechler, PC (“RSJA”) in the amount of $150,000.00 for legal services relative to City projects requiring the acquisition of easements or other property interests, making the total amount for the agreement $450,000.00.
On February 20, 2024, City Council authorized a legal services agreement with RSJA in the amount of $150,000.00 to assist the City in obtaining easements and other property interests for several capital improvement projects. Amendment Number 1 was approved in August 2024 for an additional $150,000.00. Since approval of the initial legal services agreement, RSJA has assisted the City in these acquisition matters, and, while some acquisitions have been completed, others are still ongoing.
There are many unique and specialized legal issues involved in the acquisitions of property interests for City projects, including possible condemnation litigation. RSJA was selected to provide these specialized legal services because of its expertise and experience with condemnation litigation and municipal law, and the City is pleased with the legal services RSJA has provided.
Because the City has several ongoing efforts to acquire property interests for capital improvement projects that require additional efforts and legal services, including possible condemnation litigation, the City Attorney’s Office requests approval of the Second Amendment to the Legal Services Agreement with RSJA for an additional amount of $150,000.00 for legal services in support of City projects requiring the acquisition of easements or other property interests. If the Second Amendment is approved, the contract total will be for an amount not to exceed $450,000.00.
Budget/Fiscal Impact: The services provided through this agreement have been budgeted and will be paid for within approved project budgets and annual operating budgets, as appropriate.
Staff
Prepared by: Tim Wilhelm, Deputy City Attorney
Reviewed by: Atleen Kaur, City Attorney
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, The City has a number of ongoing capital improvement and other public projects which will require that the City obtain easements or other property interests, and in some instances this may include condemnation litigation;
Whereas, The City has retained Rosati, Schultz, Joppich & Amtsbuechler, PC to provide specialized legal services for these easement acquisition matters through the Legal Services Agreement with Rosati, Schultz, Joppich & Amtsbuechler, PC dated February 24, 2024, with Amendment 1 being approved in August 2024;
Whereas, The acquisition matters are ongoing and thus, additional specialized legal services are needed;
Whereas, Rosati, Schultz, Joppich & Amtsbuechler, PC complies with the City of Ann Arbor’s Non-Discrimination and Living Wage Ordinances; and
Whereas, The legal services provided through this agreement, as amended, have been budgeted and will be paid for within approved project budgets and annual operating budgets, as appropriate;
RESOLVED, That City Council approve Amendment Number 2 to the Legal Services Agreement with Rosati, Schultz, Joppich & Amtsbuechler, PC in the amount of $150,000.00 for Legal Services Relative to City Projects Requiring the Acquisition of Easements or Other Property Interests;
RESOLVED, That the funding for these legal services shall remain available without regard to fiscal year;
RESOLVED, That the Mayor and City Clerk be authorized to execute Amendment Number 2 to the legal services agreement with Rosati Schultz, Joppich & Amtsbuechler, PC subject to approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the City Administrator be authorized to take any necessary administrative actions to implement this resolution.