June 28, 2022
City Attorney's Office
DATE: June 28, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Dave Aleshire, Interim City Attorney,
Heather Mc Laughlin, Interim Sr. Assistant City Attorney Subject:
Approval of two Legal Services Agreement amendments
with the law firms of (1) Holland & Knight and (2) Maloney Employment Law for a total amount of $200,000
FINANCIAL IMPACT: Total expenditure for the legal services amendments is not to exceed $200,000. A total of $50,000 will be paid from the former Successor Agency budget, $150,000 out
of the Risk Management/ General Liability budget with an account string of 50182316-400554.
PREVIOUS COUNCIL
ACTION:
Legal Services Agreements and amendments have been
approved as noted in the initial agreements and
amendments.
STATEMENT OF THE
ISSUE:
To ensure the City has appropriate legal representation relating to employment litigation cases and to retain
outside counsel to provide remedial action plan and post clean up monitoring for Miraflores, the City Attorney’s Office requests approval of two legal services
amendments in a total not to exceed amount of
$200,000.
RECOMMENDED ACTION:
APPROVE amendments to two legal service
agreements with the law firms of (1) Holland & Knight
and (2) Maloney Employment Law , for a total amount of
$200,000, for a term from June 28, 2022 to June 30,
2023– City Attorney’s Office (Dave Aleshire 510 -620-
6509).
AGENDA
REPORT
June 28, 2022
DISCUSSION:
The City Attorney’s Office is requesting contract amendments for two law firms to continue to provide legal advice and representation in pending employment litigation matters and to advise on a remedial action plan and post clean up monitoring for Miraflores.
The two law firms listed in the chart below are on the City Attorney’s Office’s approved Request for Qualifications (RFQ) 2018 and 2021 lists.
Maloney Employment law has the experience and expertise necessary to continue to represent the City in pending employment cases and matters before the Personnel Board.
Holland & Knight (H&K) assisted in the City in the approval process for the Remedial Action Plan for the Miraflores Housing Development Site back in 2010. In June 2015, the Department of Toxic Substance Control (DTSC) certified the remediation of the 14- acre Miraflores Housing Development site to unrestricted land use standards. Quarterly post-remediation groundwater monitoring has occurred to evaluate the concentrations of residual contamination in groundwater. Also in 2015, the Voluntary Clean up Agreement was amended to identify the Successor Agency as the responsible entity for operations and maintenance reporting to the DTSC. Given Holland & Knight’s previous involvement, the Successor Agency staff is seeking Council approval to continue to work with Holland & Knight related to clean up activities with the DTSC and post- remediation monitoring.
As has been discussed in prior staff reports, the City Attorney’s Office (CAO) is actively working with the Interim City Attorney, City Manager, Finance Director, and Risk Manager to decrease legal expenditures City-wide. At this juncture, an analysis of Legal Service Agreement (LSA) expenditures is in progress. Moving forward, all legal services agreements will be managed by the CAO and will brought to the City Council for approval in a timely manner.
June 28, 2022
LAW FIRM AMOUNT
REQUESTED
TOTAL
CONTRACT
AMOUNT
PENDING
MATTERS
DEPARTMENT
ACCOUNT STRING
Holland &
Knight
$50,000
$60,000 Special
Counsel shall
advise the City
regarding the
remedial action
plan and post
clean up
monitoring for
Miraflores.
This agreement will
be paid out of the
former Successor
Agency budget with
an account string of
61322063 – 400708
– 07F63.
No General Fund
monies will be used
to pay for this
contract
amendment. This
will be reimbursed
by the Developer or
successor agency
funds
Maloney
Employment
Law
$150,000
$360,000
Represent the
City in
employment
litigation cases
and personnel
board hearings
Risk Management/
General Liability
50182316-400554
DOCUMENTS ATTACHED:
Attachment 1 - Holland & Knight – Original Legal Services Agreement Attachment 2 - Holland & Knight – First Amendment (requested for approval) Attachment 3 - Maloney Employment Law – Original Legal Services Agreement Attachment 4 - Maloney Employment Law – First Amendment Attachment 5 – Maloney Employment Law – Second Amendment (requested for approval)