City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00032 2/14/2023 Consent Item 5.
Supplement No. 2 to Contract No. C2021-0665 for Legal Services File ID: 2023-00032
Location: Citywide
Recommendation: Pass a Motion amending contract #C2021-0665 by $225,000 and authorizing the City Attorney to execute a second supplemental contract with Martenson, Hasbrouck & Simon, LLP in an amount not-to-exceed $532,000 for litigation assistance.
Contact: Grace Pak, Senior Deputy City Attorney, (916) 808-5346 [email protected], Office of the City Attorney Presenter: None.
Attachments:
1-Description/Analysis
2-Supplemental Agreement No. C2021-0665-02
Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $225,000 supplement to the current legal services agreement with Martenson, Hasbrouck & Simon, LLP, for a total amount not to exceed $532,000 for expenses associated with the litigation entitled Farrell York v. City of Sacramento, et al.
This second supplemental amendment to the is necessary as the money allocated for trial was needed to fund two writ petitions in the case, but not anticipated at the time of the prior supplement.
The additional funds are needed to pay for attorneys’ work through trial (already concluded to defense verdict), preparation of cost bill, and responding to post-trial motions.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Martenson, Hasbrouck & 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.
File ID: 2023-00032 2/14/2023 Consent Item 5.
Policy Considerations: This funding is required to continue representation and defense of the City and bring the litigation to conclusion.
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 Farrell York that requires the assistance of outside legal counsel.
Financial Considerations: There will be no additional impact to the General Fund. There is sufficient funding available in the Risk Fund.
Local Business Enterprise (LBE): ): Martenson, Hasbrouck & Simon, LLP is an LBE.
SUPPLEMENTALAGREEMENT
Project Title and Job Numben Legal Services Agreement - Yorlg Fanell v. Cfty of Saaamento Date: 12/16/2022 Purchase Order#; n/a Supplemental Agre«ncntNo.; C2021-066S-02 The City of Sacramento ("City") and Martenson. Hasbrouck & Simon. LLP /"Contractor"!, as parties to that certain Legal Services Agreement designated as Ata-eement Number C2021-0665 . including any and all prior supplemental ^eements modifying the ^eement (the agreement and supplemental agreements are hereafter collectively referred to as the "Agreement"), hereby supplement and modify the Agreement as follows:
1. The scope of Services spedfied in Exhibit A of the Agre^ent Is amended as follows; The money allocated for trial was needed to fund two writ petitions In the case, but not antldpated at the time of prior supplement The additional fundsare neededto pay for attorneys'worfcthrough trtal (atreadycondudedto defense verdict), preparation of cost bill, and responding to post-trial motions. The parties a-e Increasing the not-to-exoeed amount of the contractto reflectthe amount of work necessary to bringthe Iftigationtocondusion.
2. The term cfthlsagreementls amended as follows:
There Is nochange In the term oftheagreement
3. In consideratlonof the additional and/or revisedservlces described Insectlon land 2, above,the madmum not-to-e(ceed amount that Is specified In ExhIbitBofthe Agreement for payment of Contractor'sfees and expaises. Is Increased bvS225.0fXlQ0.and the Agreement's maximum not-to-exceed amount Is amended as follows:
Aff^mentfs original not-to-exoeed amount: Sl29.350.72
Net change by previous supplemental agrraments: S 177.649.28 Not-to-exceed amount prior to this supplemental agreement S307.ooo.oo Increase by this supplemental agreement S225.ooo.QO
New not-to exceed amount Including ^i supplemental agreements: S532.000.00
4. Contractor agrees that the amount of Increase or decrease In the not-to-exceed amount specified In section 3, above, shall constitute full contpensation for the additional and/or revised services specified in section 1, above, and shall fiifly compensate Contractor for any and all direct and Indirect costs that may be Incurred by Contractorln connection with such additional and/or revised services, Including costs associated with any changes and/or delays In work schedules or In the performance of other services or work by Contractor.
5. Contractor warrants and represents that the person or persons executing this supplemental agreement on behalf of Contractor has or have been duly authorized by Contractor to sign tois su pplementa! agreement and bind Contractorto the terms hereof.
6. Except asspedficallyrevised herein, all terms and conditions of theAgreementsheil remain In fidl force andeffect, andContractor shall perform all of theservlces, duties, obligations, and conditions requlredunder tiieAgreanent, assuppiementedand modified by thissupplemental E^reement
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(Rev. 9-17-12)