City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: September 15, 2025
Report #:2508-5109
TITLE
Authorization to Execute Amendment to Legal Services Agreement S25193131 with Diepenbrock Elkin Dauer McCandless to Increase Amount by $1,086,000 for Total Not-to- Exceed Amount of $1,171,000; CEQA Status – Not a Project.
RECOMMENDATION
Authorize the City Attorney or designee to amend the agreement for claim defense services with the law firm of Diepenbrock Elkin Dauer McCandless (Agreement S25193131) to increase the Agreement amount by $1,086,000 for a total not-to-exceed amount of $1,171,000.
BACKGROUND
Diepenbrock Elkin Dauer McCandless is a law firm representing cities in a variety of areas, including matters involving public works projects.
In October 2024, the City entered into a three-year agreement (S25193131) with Diepenbrock Elkin Dauer McCandless for defense services regarding disputes arising from construction of the Public Safety Building. Staff now seeks authority to increase the Agreement amount by $1,086,000 which will bring the new not to exceed amount to $1,171,000. This amendment is based on estimates for legal representation through and including arbitration of outstanding claims and disputes arising from construction of the Public Safety Building.
FISCAL/RESOURCE IMPACT
Funding for this amendment will be provided through an adjustment to increase the New Public Safety Building project (PE-15001) in Report #2506-4870, offset by a reduction in the Infrastructure Plan Reserve which sets aside funding for unknown costs related to Infrastructure Plan projects. This action has no impact on the fund balance of the Capital Improvement Fund.
STAKEHOLDER ENGAGEMENT
The City Attorneys Office works closely with the City Manager and the Department of Public Works on public works construction matters.
ENVIRONMENTAL REVIEW
Amendment of a legal services agreement is not a project requiring environmental review under the California Environmental Quality Act (CEQA) (See CEQA Guidelines 15378(b)(5), administrative activities that will not result in direct or indirect physical changes in the environment).
APPROVED BY:
Molly Stump, City Attorney