City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: May 17, 2022 FROM: CITY ATTORNEY’S OFFICE WARDS: ALL
SUBJECT: authorize EXTENSIONS OF legal services AGREEMENTS to june 30, 2023 with the law firms of BEST BEST & KRIEGER LLP; BUCHALTER; COLANTUONO, HIGHSMITH & WHATLEY, PC; GIBBS GIDEN LOCHER TURNER SENET & WITTBRODT LLP; GreINES, MARTIN, STEIN & RICHLAND; JONES HALL; LIEBERT CASSIDY WHITMORE; MEYERS, NAVE, RIBACK, SILVER & WILSON; and STRADLING YOCCA CARLSON & RAUTH for the reTEntion Of outside legal services ISSUE:
Whether to approve extensions to Legal Services Agreements to June 30, 2023 with the law firms of Best Best & Krieger LLP; Buchalter; Colantuono, Highsmith & Whatley, PC; Gibbs Giden Locher Turner Senet & Wittbrodt LLP; Greines, Martin, Stein & Richland; Jones Hall; Liebert Cassidy Whitmore; Meyers, Nave, Riback, Silver & Wilson; and Stradling Yocca Carlson & Rauth for the retention of outside legal services RECOMMENDATION:
That the City Council:
Approve extensions to Legal Services Agreements to June 30, 2023 with the following law firms: Best Best & Krieger LLP; Buchalter; Colantuono, Highsmith & Whatley, PC; Gibbs Giden Locher Turner Senet & Wittbrodt LLP; Greines, Martin, Stein & Richland; Jones Hall; Liebert Cassidy Whitmore; Meyers, Nave, Riback, Silver & Wilson; and Stradling Yocca Carlson & Rauth for the retention of outside legal services; and Authorize the City Attorney to execute such extensions to such Legal Services Agreements for the retention of outside legal services.
Approve the budget for Greines, Martin, Stein & Richland LLP in the not to exceed amount of $110,000 for specialized appellate legal services in the Riversiders Against Increased Taxes v. City of Riverside appeal.
BACKGROUND
City Charter section 702, “Eligibility, powers and duties of City Attorney,” provides, in part, that “the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein.” On February 4, 2015, the Governmental Affairs Committee first reviewed and considered a proposed policy for the retention of outside counsel by the City Attorney’s Office. At that time, the Committee requested that the City Attorney’s Office revise the policy to include a provision for recommended signature authority for the City Attorney on outside counsel contracts, how long the initial term of the contracts should be, and further refine the process. On April 1, 2015, the Committee met again to review and comment on the policy. The Committee unanimously recommended that the City Council approve the policy, limiting the City Attorney’s signature authority to $25,000 without prior City Council approval.
On June 16, 2015, the City Council adopted the policy and authority of the City Attorney for retention of outside counsel, approved the proposed panel of attorneys, and instructed the City Attorney to return to the Governmental Affairs Committee in six months to review the policy implementation.
On March 26, 2019, the City Council approved certain First Amendments to Attorney Services Agreements for the panel attorneys, extending the terms of the agreements by an additional three years Although some of the agreements were properly extended, there are many agreements that were not. This action will ensure the City has validly approved agreements for outside attorney engagements. The City Attorney’s Office has been working on oversight and internal controls since January and has implemented internal controls related to all outside legal services contracts in an effort to prevent this situation from occurring in the future.
DISCUSSION:
Pursuant to City Council authorization, the City Attorney currently has the following law firms on the approved Attorney Panel:
All Law Firms On The Existing Approved Panel
1. Alston & Bird
23. Malcolm Cisneros
2. Baker Hostetler
24. Manning & Kass, Elrod, Ramirez, Trester, LLP
3. Bell, Orrock & Watase, Inc.
25. Meyers, Nave, Riback, Silver & Wilson
4. Best Best & Krieger LLP
26. Miller & Axline
5. Buchalter
27. Murphy & Evertz
6. Burke, Williams & Sorensen, LLP
28. Norton Rose Fulbright US LLP
7. Chapman & Cutler
29. Nossaman
8. Colantuono, Highsmith & Whatley, PC
30. Olson Hagel & Fishburn LLP
9. Constantine Cannon LLP
31. Orrick Herringon & Sutcliffe LLP
10. Cotchett, Pitre & McCarthy
32. Sabine & Morrison
11. Dorsey & Whitney
33. Sidley Austin
12. Ellison Schneider Harris & Donlan LLP
34. Silver & Wright LLP
13. Gibbs Giden Locher Turner Senet & Wittbrout LLP
35. SL Environmental Law Group PC
Kennedy & Madonna LLP
Douglas & London, P.C.
Kelley Drye & Warren, LLP
Taft Stettinius &Hollister, LLP
Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A.
14. Greines, Martin, Stein & Richland LLP
36. Slovak Baron Empey Murphey & Pinkney, LLP
15. Hawkins Delafield & Wood
37. Smith Law Offices
16. Holland & Hart LLP
38. Stradling Yocca Carlson & Rauth
17. Jones Hall
39. The Sohagi Law Group, PLC
18. Law Offices of William R. Price
40. Think Legal 360
19. Leibold McClendon & Mann
41. Thompson Coburn LLP
20. Lewis Brisbois Bisgaard & Smith LLP
42. Wood, Smith, Henning & Berman
21. Liebert Cassidy Whitmore
43. Woodruff, Spradlin & Smart, APC
22. Lozano Smith
The City Attorney has reviewed that list and has determined that 20 law firms should be removed from that approved panel as there is no current need for such law firms:
All Law Firms To Be Dropped From The Approved Panel
1. Baker Hostetler
11. Norton Rose Fulbright US LLP
2. Bell, Orrock & Watase, Inc.
12. Nossaman
3. Chapman & Cutler
13. Orrick Herringon & Sutcliffe LLP
4. Dorsey & Whitney
14. Sabine & Morrison
5. Ellison Schneider Harris & Donlan LLP
15. Sidley Austin
6. Hawkins Delafield & Wood
16. Silver & Wright LLP
7. Leibold McClendon & Mann
17. The Sohagi Law Group, PLC
8. Malcolm Cisneros
18. Think Legal 360
9. Lozano Smith
19. Wood, Smith, Henning & Berman
10. Murphy & Evertz
20. Woodruff, Spradlin & Smart, APC
The following law firms will continue to be on the approved panel:
All Law Firms To Remain On The Approved Panel
Law Firm
Specialty
Expiration Date of Existing Agreement
1. Alston & Bird
Environmental
When complete*
2. Best Best & Krieger LLP
Municipal law, water law, bankruptcy
November 6, 2021
3. Buchalter
CPUC advice
November 29, 2021
4. Burke, Williams & Sorensen, LLP
Litigation (non-tort)
January 12, 2022
5. Colantuono, Highsmith & Whatley, PC
*Existing litigation only
December 15, 2021
6. Constantine Cannon LLP
Qui Tam pending lawsuit
When complete*
7. Cotchett, Pitre & McCarthy
Bond litigation
When complete*
8. Gibbs Giden Locher Turner Senet & Wittbrout LLP
Public Works, construction litigation
December 15, 2021
9. Greines, Martin, Stein & Richland LLP
Appellate
August 5, 2021
10. Holland & Hart LLP
Power purchase agreements
March 9, 2024
11. Jones Hall
Municipal Bonds
September 30, 2022
12. Law Offices of William R. Price
Tort litigation
September 16, 2024
13. Lewis Brisbois Bisgaard & Smith LLP
Police, civil rights, tort litigation
November 20, 2021
14. Liebert Cassidy Whitmore
HR, employment, RPD personnel
October 6, 2021
15. Manning & Kass, Elrod, Ramirez, Trester, LLP
Police Litigation
February 4, 2019
16. Meyers, Nave, Riback, Silver & Wilson
Municipal Law
May 6, 2022
17. Miller & Axline
Water Contamination
When complete*
18. Olson Hagel & Fishburn LLP
Financial Conflict of Interest, Ethics
September 26, 2021
19. SL Environmental Law Group PC
Kennedy & Madonna LLP
Douglas & London, P.C.
Kelley Drye & Warren, LLP
Taft Stettinius &Hollister, LLP
Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A.
Water contamination
When complete*
20. Slovak Baron Empey Murphey & Pinkney, LLP
Code of Ethics
September 14, 2024
21. Smith Law Offices
Police, employment and tort litigation
June 15, 2021
22. Stradling Yocca Carlson & Rauth
Municipal Bonds
March 31, 2022
23. Thompson Coburn LLP
FERC, NERC, CPUC advice
February 9, 2019
* The termination dates for these law firms are dependent upon the particular legal matter being completed.
The current Legal Services Agreements with 13 of the 23 law firms that will remain on the panel have expired. Although not legally required, the City Attorney’s Office is beginning the process of preparing a Request for Proposal for Legal Services and expects to issue such RFP in 2023. Accordingly, the City Attorney’s Office requests that all current agreements be extended only until June 30, 2023, pending completion of the Request for Proposal process and award of new agreements.
The City Attorney’s Office has requested that all law firms on the approved panel execute amendments to their legal services agreements to properly extend the term. To date, executed agreements have been received by 9 of the 13 law firms with expired agreements. Each amendment sets forth the expiration date of the current agreement and the new expiration date of June 30, 2023. The City Attorney’s Office will present all other amendments for approval to the City Council by June 30, 2022, or those law firms will be dropped from the approved panel.
STRATEGIC PLAN ALIGNMENT: The retention of experienced outside counsel to provide legal advice and supports all priorities of the City of Riverside’s Envision Riverside 2025 Strategic Plan, as such advice is provided to all departments of the City, the City Council, Boards and Commissions.
This item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust – Riverside is transparent and makes decisions based on sound policy, inclusive community engagement, involvement of City Boards & Commissions, and timely and reliable information. Use of outside counsel that specialize in specific areas of the law supports and aids the making of such decisions.
Equity – Use of outside counsel that specialize in specific areas of the law benefits the entire community by ensuring that such efforts comply with all aspects of the law.
Fiscal Responsibility – The City Attorney’s Office is expending funds in a careful and judicious manner balanced against the need for specialized legal counsel when the circumstances warrant.
Innovation – The retention of specialized legal counsel to provide specialized legal advice supports City innovation efforts by ensuring that such efforts comply with all aspects of the law.
Sustainability & Resiliency – The retention of specialized legal counsel to provide specialized legal advice supports City goals of sustainability and resiliency by ensuring that such efforts comply with all aspects of the law.
FISCAL IMPACT:
There is no fiscal impact associated with the extension of legal service agreements. Any impact will occur when an individual firm/attorney is retained for a particular engagement. The approval of the budget for Greines, Martin, Stein & Richland LLP for specialized appellate legal services in the Riversiders Against Increased Taxes v. City of Riverside appeal, is anticipated to have a fiscal impact not to exceed $110,000, and funds will come from Liability Trust Fund account no. 1310000-421100.
Prepared by: Phaedra A. Norton, City Attorney
Certified as to
availability of funds: Edward Enriquez, Chief Financial Officer/City Treasurer Attachments:
First and Second Amendments to extend term of agreements to June 30, 2023 2