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September 12, 2023
ITEM TITLE
Agreements: Amendments to Legal Services Agreements with Best, Best, and Krieger, LLP to Provide On-Call and Public Records Act Legal Services
Report Number: 23-0252
Location: No specific geographic location
Department: City Attorney
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving the amendments to the Legal Services Agreements with Best, Best, and Krieger, LLP for on-call and Public Records Act legal services for not -to-exceed amounts of $300,000 and $200,000, respectively.
SUMMARY
The City Attorney’s Office provides legal review, advice, consultation , and representation on a wide variety of legal issues and litigation related to City operations and staff. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed and anticipates that it will remain so until a new City Attorney is elected and seated. The amendments to these agreements will allow the City to continue to use the law firm of Best, Best, and Krieger, LLP for on-call legal services and Public Records Act legal services until the City Attorney’s Office is more fully staffed.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City Attorney’s Office provides a wide variety of legal services to the City, including legal review, advice, consultation, and representation on diverse matters impacting the City, including its officials, management, and departments. The advisory and trans actional section of the City Attorney’s Office is currently significantly understaffed due to the City Attorney vacancy, recent retirements, and attrition. The office is anticipated to remain understaffed until a new City Attorney is elected and seated.
In the interim, the City Attorney’s Office has utilized private law firms to assist in managing the City’s legal needs. The City presently has legal services agreements with Best, Best, and Krieger, LLP for general on-call legal services and Public Record A ct legal services. The City has found that Best, Best, and Krieger, LLP has provided responsive, high quality legal assistance on a variety of matters pursuant to these agreements , including public contracting, general contract review, and Public Records Act review and responses, among other matters.
Given the large volume of legal work and the temporarily reduced level of staffing in the City Attorney’s Office, the capacity of $50,000 in the existing two agreements have been expended. Th e requested first amendment to the legal services agreement for on -call legal services with Best, Best, & Krieger, LLP will increase the capacity to a not-to-exceed amount of $ 300,000; the amendment does not change any other provisions of the original agreement. The requested second amendment to the legal services agreement for Public Records Act services will increase the capacity to a not-to-exceed amount of $200,000 and extend the agreement through September 2024. The costs of these contract amendments w ere anticipated and are already included within the current year budget, so no additional appropriation is necessary.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and ha s not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact as a result of this action. Funding was included in the current year budget appropriations.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Original Legal Services Agreement for On Call Legal Services, dated February 21, 2023 P a g e | 3
2. First Amendment to Legal Services Agreement for On Call Legal Services
3. Original Legal Services Agreement for Public Records Act Services, dated September 29, 2022
4. First Amendment to Legal Services Agreement for Public Records Act Services, dated July 26, 2023
5. Second Amendment to Legal Services Agreement for Public Records Act Services Staff Contact: Megan McClurg, Assistant City Attorney