City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00496 2/27/2024 Consent Item 8.
Supplement to Contract No. 2021-1154 with Dean, Gazzo, Roistacher, LLP for Legal Services for Jimmy Southern v. City of Sacramento
File ID: 2024-00496
Location: Citywide
Recommendation: Pass a Motion amending contract #2021-1154 by $97,349.31 and authorizing the City Attorney to execute a supplemental contract with Dean, Gazzo, Roistacher, LLP for a new amount not-to-exceed $196,349.31 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 2021-1154
Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $97,349.31 supplement to the current legal services agreement with Dean, Gazzo, Roistacher, for a total amount not- to- exceed $196,349.31 for expenses associated with the litigation entitled Jimmy Southern v. City of Sacramento, et al. Staff is recommending Council approve the supplemental services agreement with Dean, Gazzo, Roistacher, in an amount not to exceed $196,349.31, for legal services rendered in Jimmy Southern v. City. This increase is necessary as the case has taken longer and has required more investigation and discovery than originally anticipated.
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation.
Economic Impacts: None.
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
File ID: 2024-00496 2/27/2024 Consent Item 8.
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 Jimmy Southern that required 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 to support the additional funding of $97,349.31.
Local Business Enterprise (LBE): Dean, Gazzo, Roistacher, LLP is not an LBE.
SUPPLEMENTAL AGREEMENT
Project Title and Job Number: Legal Services Agreement - Southern, Jimmy v. City of Sacramento Date: 1/11/2024 Purchase Order U: n/a Supplemental Agreement No.; 2021-1154-01 The City of Sacramento ("City") and Dean. Gazzo. Roistacher. LLP ("Contractor''^ as parties to that certain Legal Services Agreement designated as /^reement Number C2021-1154 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. The parties are increasing the not-to-exceed amount of the contract to reflect the amount of work necessary to bring the litigation to conclusion.
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 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 $97.349.31. 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: $0.00 Increase by this supplemental agreement: $97.349.31
New not-to exceed amount including all supplemental agreements: $196.349.31
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.
Approval Recommended By: Approved As To Form By:
Andren Vcl.i^iijez (J.)ii i.'j, 203^1 H.l.'P
City of Sacramento City Attorney
Approved By:
MJlctirll Ceaa 'J.m I'.,. 202i 13.•JO PSTl
Mitchell D. Dean, Partner/Owner, Dean, Gazzo, Roistacher LLP
Approved By: Attested To By:
City of Sacramento City Clerk
(Rev. 9-17-12)