City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00039 2/14/2023 Consent Item 7.
Supplement to Contract No. 2021-0393 for Legal Services File ID: 2023-00039
Location: Citywide
Recommendation: Pass a Motion amending contract 2021-0393 by $100,000 and authorizing the City Attorney to execute a supplemental contract with Cooper & Scully, P.C. in an amount not-to- exceed $190,000 for litigation assistance.
Contact: Andrea Velasquez, Supervising Deputy City Attorney, (916) 808-5346 [email protected], Office of the City Attorney Presenter: None
Attachments:
1-Description/Analysis
2-Supplement to Contract 2021-0393-01
Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $100,000 supplement to the current legal services agreement with Cooper & Scully, for a total amount not to exceed $190,000 for expenses associated with the litigation entitled USA Waste of California v. City of Sacramento, et al.
This amendment is necessary to complete discovery, motion practice, and trial preparation.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Cooper & Scully 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.
File ID: 2023-00039 2/14/2023 Consent Item 7.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): 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: None.
Rationale for Recommendation: A lawsuit was filed by USA Waste of California 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): Cooper & Scully is an LBE.
SUPPLEMENTAL AGREEMENT
Project Trtle and Job Number: USA Waste of CA v. City of Sacramento, et al.
Purchase Order#:
Date: 1-11-2023
Supplemental Agreement No.: 1
The City of Sacramento ("City") and Coooerft Scully. PC Services Agreement designated as Agreement Number 2021-0393 ("Contractor"), as parties to that certain Legal
, including any and all prior supplemental
agreements modifying the agreement (the agreement and supplemental agreements are hereafter collectively referred to as the "Agreement"), hereby supplement and modify the Agreement as follovws:
1. The scope of Services specified in Exhibit A of the Agreement is amended as follows:
The scope of work has not changed. However, the litigation has resulted in higher than anticipated fees.
2. The term of this agreement is amended as follows:
There is no change in the term of the agreement.
In consideration of the additional and/or revised services described in section 1 and 2, above, the maximum not-to- exceed amount that Is specified in Exhibit B of the Agreement for payment of Contractor's fees and expenses, is Increased by SlOQ.OOQ. and the Agreement's maximum not-to-exceed amount is amended as follows:
3. Agreement's original not-to-exceed amount:
Net change by previous supplemental agreements:
Not-to-exceed amount priorto this supplemental agreement; Increase by this supplemental agreement:
New not-to exceed amount including all supplemental agreements:
S90.0Q0.00
$0.00
$90.000.00
100.000.00
$190.000.00
4. 5.
6. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and ail direct and indirect costs that may be incurred by Contractor in 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.
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 this supplemental agreement and bind Contractor to the terms hereof.
Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by this supplemental agreement.
Approved By:
Cti.nrle'. Bolconi (Jjri 24, 2023 10:09 PSi
Approved By:
Approved As To Form By:
Mrea \J&lasqu6ZAndrei Vel.nq.in/ ij.in 24, 2023 10:47 PST) Charles Bolcom, Cooper & Scully, PC
Andrea Velasquez, Supervising Deputy City Attorney
Attested To By:
Matthew D. Ruyak, Assistant City Attorney City Clerk
(Rev. 9-17-12)