City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00613 5/23/2023 Consent Item 6.
Budgetary Adjustment and Supplement to Contract for Legal Services (Wipfli, LLP) for (I80310000)
File ID: 2023-00613
Location: Citywide
Recommendation: Adopt a Resolution: 1) authorizing the City Manager or the City Manager’s designee to increase the expenditure budget for the Citywide Litigation Project (I80310000) by transferring $160,000 (Fund 6007, Solid Waste Fund) from available fund balance in the Solid Waste Fund; 2) resetting the City Manager’s administrative authority for transfers from available fund balance within the Solid Waste Fund (Fund 6007); and 3) amending the expert/consulting agreement with Wipfli, LLP by $160,000 and authorizing the City Attorney to execute a supplemental contract with Wipfli, LLP in an amount not-to-exceed $235,000 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-Supplemental Agreement-02
3-Resolution
Description/Analysis
Issue Detail: Staff is recommending Council approval to execute a $160,000 supplement to the current expert/consulting services agreement with Wipfli, LLP, for a total amount not to exceed $235,000 for expenses associated with the litigation entitled USA Waste of California v. City of Sacramento, et al. This amendment is necessary to assist in the City’s evaluation, analysis, and defense in the USA Waste litigation.
Policy Considerations: This funding is required to continue representation and defense of the City
File ID: 2023-00613 5/23/2023 Consent Item 6.
in this litigation.
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: Not applicable.
Rationale for Recommendation: A lawsuit was filed by USA Waste of California that requires the assistance of an expert consultant.
Financial Considerations: There are sufficient funds within the available fund balance of the Solid Waste Fund (Fund 6007) to complete the transfer of funds in the amount of $160,000 to the Citywide Litigation Project (I80310000).
There will is no additional impact to the General Fund (Fund 1001).
Local Business Enterprise (LBE): Wipfli, LLP is an LBE.
SUPPLEMENT AL AGREEMENT
Project Title and Job Number: USA Waste of CA v. City of Sacramento, et al.
Purchase Order #:
Date: 4-27-2023
Supplemental Agreement No.:2
The City of Sacramento ("City") and Patrick DeLan@is, Wipfli, LLP ("Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number N/A Expert Agreement , 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. Thetermofthisagreementisamendedasfollows:
There is no change in the term of the agreement.
3. 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 and the Agreement's maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount:
Net change by previous supplemental agreements:
Not-to-exceed amount prior to this supplemental agreement:
Increase by this supplemental agreement:
New not-to exceed amount including all supplemental agreements:
525,000.00
550,000.00
975,000.00
9160,000.00
5235,000.00
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 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.
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.
Approved By:
Patrick DeLangis lApr27. 20B20.41 PDT)
Patrick DeLangis, Wipfli, LLP
Approved By:
Matthew D. Ruyak, Assistant City Attorney
Approved As To Form By:
urea Velarqmz
And tea Velaiquez (Apr 28, 2023 10:14 PDT)
Andrea Velasquez, Supervising Deputy City Attorney
Attested To By:
City Clerk
(Rev. 9-17-12)
RESOLUTION NO.
Adopted by the Sacramento City Council
BUDGETARY ADJUSTMENTS AND SUPPLEMENT TO CONTRACT FOR LEGAL SERVICES (WIPFLI, LLP) (I80310000)
BACKGROUND
A. Staff is seeking Council approval to execute a $160,000 supplement to the current expert/consulting services agreement with Wipfli, LLP, for a total amount not to exceed $235,000 for expenses associated with the litigation entitled USA Waste of California v. City of Sacramento, et al. .
B. This amendment is necessary to assist in the City’s evaluation, analysis, and defense in the USA Waste litigation.
C. The budgetary adjustment is necessary to fund the supplement in the amount of $160,000 (Solid Waste Fund, Fund 6007).
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager or the City Manager’s designee is authorized to increase the expenditure budget for the Citywide Litigation Project (I80310000) by transferring $160,000 (Solid Waste Fund, Fund 2007) from the available fund balance in the Solid Waste Fund.
Section 2. The administrative authority for the Solid Waste Fund (Fund 6007) is reset.
Section 3. The City Attorney or the City Attorney’s designee is authorized to execute Supplemental Agreement No. 2 with Wipfli, LLP for an amount not to exceed $160,000, for a new not-to-exceed amount of $235,000.