Item #05
Date: April 2, 2024
To: Mayor and City Council
From: Jim Schaad, City Manager
Subject: Contract Amendment No. 2 with Shute, Mihaly & Weinberger LLP Recommendation:
Pass a Motion authorizing the City Manager to execute Amendment No. 2 to revise the existing Agreement with Ellen Garber of Shute, Mihaly & Weinberger LLP, increasing the compensation amount by $380,000, resulting in an amount not to exceed $500,000 to allow continued provision of legal services related to litigation against Caltrans for the State Route 70 Binney Junction Roadway Project.
Discussion & Analysis:
The City entered a legal retainer with Ellen Garber, an attorney with Shute, Mihaly & Weinberger LLP, on December 17, 2020. The purpose of the retainer is for legal services to assist in commenting on Final EIR/EA for the State Route 70 Binney Junction Roadway Rehabilitation and Complete Streets Project (“Project”) and representation in litigation challenging the Project. Since entering into the legal retainer and amending the budget to $120,000, Ms. Garber has continued in the review and preparation of the settlement proposal and terms, attend the settlement meetings and prepare, review and file legal briefs with the court.
At this time, the City continues to move forward with litigation proceedings as well as be in active settlement negotiations with Caltrans. Staff recommends increasing the agreement amount by $380,000 for a total budget of $500,000, which would provide for costs of either settlement or in the case of litigation, continue activities related to court proceedings. In addition, the amendment will extend the date of the contract to December 31, 2024. If staff feel additional services or time will be needed, a separate request for funds will be brought before the City Council at that time.
Fiscal Analysis:
Staff is not requesting a supplement appropriation at this time as the appropriate budget was adjusted accordingly during the FY23-24 mid-year review on March 5, 2024. Within contract authority, any funds remaining for services not used will be budgeted in FY24-25.
Attachment:
1) Second Amendment to the Agreement