City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00308 3/28/2023 Consent Item 15.
Supplemental Agreements for Legal and Contracting Services: #2021-1152, #2021-1153, and #2021-0455
File ID: 2023-00308
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney, or their designee, to execute supplemental contracts: 1) #2021-1152 with Dean Gazzo Roistacher, LLP in an amount not-to- exceed $109,000 for litigation assistance; 2) #2021-1153 with Dean Gazzo Roistacher, LLP in an amount not-to-exceed $204,000 for litigation assistance; 3) #2021-0455 for consulting services with specialist Heenan not to exceed $360,000.
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 #2021-1152-01
3-Supplement to Contract #2021-1153-01
4-Supplement to Contract #2021-0455-02
Description/Analysis
Issue Detail: Staff is seeking Council authority to supplement three existing agreements for expenses associated with current litigation as follows: 1) a $10,000 supplement to the current legal services agreement with Dean Gazzo Roistacher, LLP, for a total amount not to exceed $109,000 for expenses associated with the litigation entitled Brandy Wood v. City of Sacramento, et al., #2021- 1152 necessary to complete discovery, motion practice, and trial preparation; 2) a $105,000 supplement to the current legal services agreement with Dean Gazzo Roistacher, LLP, for a total amount not to exceed $204,000 for expenses associated with the litigation entitled Jason Mack v.
City of Sacramento, et al., Contract #2021-1153 necessary to complete discovery, motion practice,
File ID: 2023-00308 3/28/2023 Consent Item 15.
and trial preparation; and 3) a $180,000 supplement to the current consulting agreement for two years of services for a litigation communication specialist, Contract #2021-0455, for a total amount not to exceed $360,000.
Policy Considerations: This funding is required to continue representation and defense of the City in litigation and in receiving necessary consulting services.
Economic Impacts: Not applicable.
Environmental Considerations: None.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: This funding is required to continue representation and defense of the City in litigation and to continue services of litigation specialist for general litigation.
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): Dean Gazzo Roistacher is not an LBE; Heenan is not an LBE.
SUPPLEMENTAL AGREEMENT
Project Title and Job Number: Brandy Wood v. City of Sacramento , et al.
Purchase Order#:
Date: 3-10-2023
Supplemental Agreement No.:2021-1152-01
The City of Sacramento ("City") and Dean Gazzo Roistacher, LLP ("Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number 2021-1152 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 follows:
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.
3. In consideration of the additiona l 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 bv $10,000, and the Agreement's maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $99,000.00
Net change by previous supplemental agreements: $0.00
Not-to-exceed amount prior to this supplemental agreement: $99,000.00 Increase by this supplemental agreement: 10,000.00
New not-to exceed amount including all supplemental agreements: $109,000.00
4. 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 all 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.
5. Contractor warrants and represents that the person or persons executing this supple mental 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.
6. 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, duti es, obligations, and conditions required under the Agreement , as supplemented and modified by this supplemental agreement.
Approved By: Approved As To Form By:
A-nd(eq Ve(q51Juez
~8aca-
And,u Vela5quez (Mar 13, 2023 09'.29 PDT}
Andrea Velasquez, Supervising Deputy City Attorney
Ricardo Baca, Dean Gazzo Roistacher
Attested To By:
Approved By:
Matthew D. Ruyak, Assistant City Attorney City Clerk
(Rev. 9-17-12)
SUPPLEMENTAL AGREEMENT
Project Title and Job Number: Jason Mack v. City of Sacramento, et al.
Purchase Order#:
Date: 3-28-2023
Supplemental Agreement No.:2021-1153-01
The City of Sacramento ("City") and Dean Gazzo Roistacher. LLP ("Contractor"), as part ies to that certain Legal Services Agreement designated as Agreement Number 2021-1153 , including any and all prior suppleme ntal agreements modi fying the agreement (the agreement and supplemental agreements are herea fter collectively referred to as the "Agreemen t"), hereby supplement and modify the Agreeme nt as follows:
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 high er than anticipated fees.
2. The term of this agreem ent is amended as follows:
There is no change in the term of the agreement.
3. In consideration of the addit ional 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 $105,000, and the Agreement's maximum not-to-exceed amount is amended as follows:
Agreement 's original not-to-exceed amount: $99,000 .00 Net change by previous supplemental agreements: $0.00
Not-to-exceed amount prior to this supplemental agreement: $99,000 .00 Increase by this supplem ental agreement: 105,000.00
New not-to exceed amount including all supplemental agreements: $204, 000.00
4. 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 all direct and indirect costs that may be incurred by Contractor in connection with such additional and/ or revised services, including costs associated wit h any changes and/or delays in work schedules or in t he performance of other services or work by Contractor .
5. Contractor warrants an d represents that the person or persons executing this supplemental agreement on behalf of Contractor has or have been duly aut horized by Contractor to sign this supplemental agreement and bind Contractor to the terms hereof.
6. Except as specifically revised herein , all terms and condit ions 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: Approved As To Form By:
Andrea Velasquez
Andrea Velasquez (Mar 14, 2023 14:39 PDT)
Mitchell Dean (Mar 14, 2023 14:23 PDT) Andrea Velasquez, Supervising Deputy City Attorney Mitch Dean, Dean Gazzo Roistacher
Attested To By:
Approved By:
Matthew D. Ruyak, Assistant City Attorney City Clerk
(Rev. 9-17-12)
SUPPLEMENTAL AGREEMENT
Project Title and Job Number: Litigation Consultant
Purchase Order# :
Date : 04-01-2023
Supplemental Agreement No.: 2021-0455-02
The City of Sacramento ("City") and Michael Heenan (Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number 2021-0455 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 follows :
1. The scope of Services specified in Exhibit A of the Agreement is amended as fol lows:
The scope of work has not changed.
2. The term of this agreement is amended as follows:
The term of the agreement is extended two years from April-01-2023 to March 31, 2025.
3. In consideration of the additional and/or revised services described in section 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 $180,000, and the Agreement's maximum not-to-exceed amount is amended as follows:
Agreement's original not-to -exceed amount : $90,000
Net change by previous supplementa l agreements: $90,000 Not-to-exceed amount prior to this supplemental agreement: $180,000 Increase by t his supplemental agreement: 180,000
New not-to exceed amount including all supplemental agreements: $360,000
4. 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 additio nal and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all 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 oth er 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 Contracto r to sign this supplemental agreement and bind Contractor to the terms hereof.
6. 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.
Approval By:
Howard Chan, City Manager
Attorney
Approved By:
W«-/4.e.f.dfWb:Z&
M,ch,H UN!n;an (M.ilf U.lOll l' nPDO
Michael Heenan, Consultant
Approved By:
Susana Alcala Wood , City Atto rney
(Rev. 9-17-12)
Approved As To Form By:
Sandra Talbott, Chief Assistant City
Attested To By:
City Clerk