City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00564 3/12/2024 Consent Item 3.
Supplement to Contract No. 2023-1275 with Murphy, Austin, Adams, Schoenfeld, LLP for Legal Services
File ID: 2024-00564
Location: Citywide
Recommendation: Pass a Motion amending contract #2023-1275 by $450,000 and authorizing the City Attorney to execute a supplemental contract with Murphy, Austin, Adams, Schoenfeld, LLP in an amount not-to-exceed $549,000 for litigation assistance.
Contact: Brett M. Witter, Assistant City Attorney, (916) 808-5346 [email protected], Office of the City Attorney Presenter: None.
Attachments:
1-Description/Analysis
2-Supplement to Contract 2023-1275
Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $450,000 supplement to the current legal services agreement with Murphy, Austin, Adams, Schoenfeld, LLP, for a total amount not to exceed $549,000 for expenses associated with the litigation entitled Daniel Alweiss v. City of Sacramento, et al. The scope of work has not changed. However, the original contract was prepared before counsel had an opportunity to fully evaluate the case. This supplemental contract is intended to reflect the amount of work necessary to see this matter through trial on the merits.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Murphy, Austin, Adams, Schoenfeld, LLP 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: 2024-00564 3/12/2024 Consent Item 3.
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 Daniel Alweiss 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): Murphy, Austin, Adams, Schoenfeld, LLP is an LBE.
SUPPLEMENTAL AGREEMENT
Project Title and Job Number: Legal Services Agreement - Daniel Alweiss v. Sacramento Municipal Utility Purchase order#: n/a Supplemental Agreement No.: 2023.1275-01 The City of Sacramento ("City") and Murnhv Austin Adams Schoenfeld. LLP ("Contractor"), as parties to that certain LegalServices Agreement designated as Agreement Number C2023-1275 including any and all prior supplemental agreementsmodifying 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 original contract was prepared before counsel had an opportunjWto fully evaluate the case. This supplemental contract is intended to reflect the amount of work necessary to see thismatter through trial on the merits.
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 3450.000.00. 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: ^ "Not-to-exceed amount prior to this supplemental agreement: — ^ increase by this supplemental agreement: tcAQ nnn nn
New not-to-exceed amount including all supplemental agreements: ^549,00U.uu
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, andContractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by this supplemental agreement. [Signature Page to follow]
(Rev. 9-17-12)