SR-06-12-2012-3OCity Council Meeting: June 12, 2012
Agenda Item: J
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Modification to Agreement with Gibson, Dunn & Crutcher LLP, for contract
negotiation legal services.
Recommended Action
Staff recommends that City. Council authorize the City Manager to negotiate and
execute a contract modification with Gibson, Dunn & Crutcher LLP ( "Gibson Dunn ") for
legal services related to negotiations with the Nederlander organization concerning the
Civic Center Auditorium in an amount not to exceed $150,000.
Executive Summary
The City currently uses the services of outside, specialized legal counsel in certain
limited situations. The City is not customarily involved in negotiations involving
significant entertainment law matters. To ensure that it has an appropriate level of
expertise, after soliciting proposals, the City engaged the services of Gibson Dunn and
in particular, its entertainment law partner Ruth Fisher, for assistance in contract
negotiations with the Nederlander organization concerning the Civic Center Auditorium.
Staff recommends that City Council approve a contract modification with Gibson Dunn
for legal services in a not to exceed amount of $150,000.
Discussion
On March 8, 2011 the City Council selected Nederlander as the exclusive booking and
presenting company for the Civic Center Auditorium once its remodel is completed in
the next few years. Since November 2011, Gibson Dunn has been assisting the City
and has been providing legal services to the City related to negotiations with the
Nederlander organization concerning the Civic Center Auditorium. The City Attorney's
Office, with input from the Community and Cultural Services Department's staff,
selected Gibson Dunn as best qualified to assist the City with this contract negotiation.
Ruth Fisher, the Gibson Dunn partner hired by the City, is well respected in the
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entertainment law field and is highly experienced in these kinds of negotiations. The
initial amount of the Gibson Dunn contract was for $69,900, which was below the
threshold amount that would require City Council approval. Staff anticipates that the
contract amount needed to complete the negotiations will be less than $150,000.
The City Attorney's Office is also involved in the negotiations with Nederlander.
Together, City staff, Gibson Dunn and the City Attorney's Office have so far vetted all of
the major issues, initiated negotiations with representatives of Nederlander and have
produced a working draft of an agreement. It is anticipated that the negotiations with
Nederlander will be completed later this year. At that time the proposed agreement will
be presented to the City Council.
Financial Impacts and Budget Actions
The contract amount to be awarded to Gibson Dunn is not to exceed $150,000 for the
period through June 30, 2013. Funds are available FY 2011 -2013 budget in Account
Number 32621.555060.
Prepared by: Joseph Lawrence, Assistant City Attorney
Approved:
Forwarded to Council:
;?Cl fit'
Marsh Jones Moutrie'- Rod Gould
City Attorney/ City Manager
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Reference Contract No.
9599 (CCS).