City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00411 2/6/2024 Consent Item 18.
Budgetary Adjustment and Supplement to Contract for Legal Services File ID: 2024-00411
Location: Citywide
Recommendation: Pass 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 $19,500 (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 legal services agreement with Cooper & Scully, PC by $19,500 and authorizing the City Attorney to execute a supplemental contract with Cooper & Scully, PC in an amount not-to-exceed $209,500 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 seeking Council approval to execute a $19,500 supplement to the current legal services agreement with Cooper & Scully, PC, for a total amount not to exceed $209,500 for expenses associated with the litigation entitled USA Waste of California v. City of Sacramento, et al.
This amendment is necessary to pay the remaining balance for legal services provided in the USA Waste litigation.
Policy Considerations: This funding is required to conclude the representation and defense of the City in this litigation by Cooper & Scully, PC.
Economic Impacts: Not applicable.
File ID: 2024-00411 2/6/2024 Consent Item 18.
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 required the assistance of outside counsel.
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 $19,500 to the Citywide Litigation Project (I80310000).
Local Business Enterprise (LBE): Cooper & Scully, PC, is not an LBE.
SUPPLEMENTAL AGREEMENT
Project Title and Job Number: USA Waste of CA v. City of Sacramento, et al.
Purchase Order #:
Date: 7-1-2023
Supplemental Agreement No.: 2
The City of Sacramento ("City") and Cooper & 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 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.
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 $19.500. and the Agreement's maximum not-to-exceed amount is amended as follows:
3. 4.
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:
$90.000.00
$100.000.00
$190.000.00
$19.500.00
$209.500.00
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 alt 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:
'EoU.dmCharles Bolcom IJan y, 2024 08:45 PST)
Approved As To Form By:
Atiflrea Velaiqirc? (Jan 4, ?0?9 15:0fi PSPST)
Charles Bolcom, Cooper & Scully, PC
Andrea Velasquez, Supervising Deputy City Attorney
Attested To By:
Approved By:
Matthew D. Ruyak, Assistant City Attorney City Clerk
(Rev. 9-17-12)
RESOLUTION NO.
Adopted by the Sacramento City Council
BUDGETARY ADJUSTMENTS AND SUPPLEMENT TO CONTRACT FOR LEGAL SERVICES (USA Waste v. City) (I80310000)
BACKGROUND
A. Staff is seeking Council approval to execute a $19,500 supplement to the current legal services agreement with Cooper & Scully, for a total amount not to exceed $209,500 for expenses associated with the litigation entitled USA Waste of California v. City of Sacramento, et al.
B. This amendment is necessary to conclude the outside counsel defense in the USA Waste litigation.
C. The budgetary adjustment is necessary to fund the supplement in the amount of $19,500 (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 $19,500 (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 Cooper & Scully, PC, for a new not-to-exceed amount of $209,500.