City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01066 May 24, 2022 Consent Item 03
Title: Supplement to Contract No. 2021-0665 for Legal Services
Location: Citywide
Recommendation: Pass a Motion supplementing contract #2021-0665 by $177,649.28 and authorizing the City Attorney, or the City Attorney’s delegee, to execute a supplemental contract with Martenson, Hasbrouck, & Simon, LLP, for a total amount not to exceed $307,000 for litigation support.
Contact: Kathleen Rogan, Senior Deputy City Attorney, (916) 808-5346 [email protected], City Attorney
Presenter: None.
Attachments:
1-Description/Analysis
2-Supplement to Contract 2021-0665
Description/Analysis
Issue Detail: Staff is seeking Council approval to supplement the current legal services agreement with Martenson, Hasbrouck, and Simon, LLP, by $177,649.28, for a total contract amount not to exceed $307,000.00 for expenses associated with the litigation entitled York v.
City of Sacramento. This amendment is necessary due to motion practice, discovery issues, and trial expenses that were not anticipated by counsel when the original budget was created.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. The firm of Martenson, Hasbrouck, and Simon, LLP is on the City’s list of approved law firms and is qualified to continue to represent the City’s interest in this lawsuit.
Policy Considerations: This funding is required to continue representation and defense of the City in this litigation.
Economic Impacts: Not applicable.
Environmental Considerations: Contracting for outside legal services is an administrative activity that will not result in direct or indirect physical changes in the environment and is not a project subject to CEQA review. CEQA Guidelines section 15378 (b) (5).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: A lawsuit was filed by former employee Farrell York that requires the assistance of outside legal counsel due to a conflict of interest issue.
Financial Considerations: There will be no additional impact to the General Fund. Funding for the contract supplement will come from the Risk Fund.
Local Business Enterprise (LBE): Martenson, Hasbrouck, and Simon LLP is an LBE.