City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01056 6/18/2024 Consent Item 12.
Supplement to Agreement for Specialized Litigation Consulting/Expert Services (Wipfli, LLP) File ID: 2024-01056
Location: Citywide
Recommendation: Pass a Resolution 1) amending the expert/consulting agreement with Wipfli, LLP by $40,000 and authorizing the City Attorney to execute a supplemental contract with Wipfli, LLP in an amount not-to-exceed $275,000 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-Supplement to Specialized Litigation Consulting/Expert Services 3-Resolution
Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $40,000 supplement to the current expert services agreement with Wipfli, LLP, for a total amount not to exceed $275,000 for expenses associated with the litigation entitled USA Waste of California v. City of Sacramento, et al. This amendment is necessary to reflect the amount of work necessary to bring the litigation to conclusion.
Policy Considerations: This funding is required to continue expert services and the defense of the City 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
File ID: 2024-01056 6/18/2024 Consent Item 12.
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 outside legal experts.
Financial Considerations: There are sufficient funds within the Citywide Litigation Project (I803100 00) to execute Supplemental Agreement No. 3 with Wipfli, LLP for an amount not to exceed $40,000, for a new not-to-exceed amount of $275,000.
There are no General Funds planned or allocated to this project.
Local Business Enterprise (LBE): Wipfli, LLP is an LBE.
SUPPLEMENTAL AGREEMENT
ProjectTitleand Job Number: Agreement for SpecializedLitigationConsulting/ExpertServices- USA Waste of California V.Cityof Sacramento (Recycling)
Purchase Order #: n/a
Date: 4/18/2024
Supplemental Agreement No.: 3
The Cityof Sacramento ("City")and Wipfli,LLP ("Contractor"),as partiesto that certainAgreement forSpecializedLitigation Consulting/ExpertServicesdesignated as Agreement Number N/A. Expert Agreement includingany and allprior supplemental agreements modifyingthe agreement (theagreement and supplemental agreements are hereaftercollectively referredto asthe "Agreement"),hereby supplement and modify the Agreement as follows:
The scope of Servicesspecifiedinthe Agreement isamended as follows:1.
The partiesare increasingthe not-to-exceed amount of the contractto reflectthe amount of work necessaryto bring the litigationto conclusion.
The term of thisagreement isamended as follows:2.
There isno change in the term of the agreement.
In consideration of the additionaland/or revised servicesdescribed in section 1 and 2, above, the maximum not-to- exceed amount that isspecifiedin the Agreement for payment of Contractor'sfees and expenses, isincreased by $40.000.00.and theAgreement'smaximum not-to-exceedamount isamended as follows:
3. $25.000.00
$210.000.00
$235.000.00
$40.000.00
$275.000.00
Agreement's originalnot-to-exceedamount:
Net change by previoussupplemental agreements:
Not-to-exceedamount priorto thissupplemental agreement:
Increaseby thissupplemental agreement:
New not-to-exceed amount includingallsupplemental agreements:
Contractoragrees thatthe amount of increaseor decrease in the not-to-exceedamount specifiedinsection2,above, shallconstitutefullcompensation forthe additionaland/or revisedservicesspecifiedinsection1,above,and shallfully compensate Contractorforany and alldirectand indirectcoststhat may be incurredby Contractorin connection with such additionaland/or revisedservices,includingcostsassociatedwith any changes and/ordelaysinwork schedulesor inthe performance of other servicesor work by Contractor.
4. Contractorwarrants and representsthat the person or persons executingthissupplemental agreement on behalf of Contractorhas or have been duly authorizedby Contractorto signthissupplemental agreement and bind Contractorto the terms hereof.
5. 6. Except as specificallyrevisedherein,allterms and conditionsof the Agreement shallremain infullforceand effect,and Contractor shallperform allof the services,duties,obligations,and conditionsrequired under the Agreement, as supplemented and modifiedby thissupplemental agreement. [SIGNATURES ON FOLLOWING PAGE]
(Rev.9-17-12)
SUPPLEMENTAL AGREEMENT
Approval Recommended By: Approved As To Form By:
3J---
Gokalp�24 12:52 PDT)
3J---
Gok>lp�24 12:52 POT)
City of Sacramento City Attorney
Approved By:
Pafrid;D�k
Patrick OeLangis (A�9:28 PDT)
Patrick Delangis, Senior Manager, Wipfli, LLP
Approved By:
City of Sacramento
Attested to by:
City Clerk
(Rev. 9-17-12)
RESOLUTION NO.
Adopted by the Sacramento City Council
SUPPLEMENT TO CONTRACT FOR LEGAL SERVICES (WIPFLI, LLP)
BACKGROUND
A. Staff is seeking Council approval to execute a $40,000 supplement to the current expert/consulting services agreement with Wipfli, LLP, for a total amount not to exceed $275,000 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.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Attorney or the City Attorney’s designee is authorized to execute Supplemental Agreement No. 3 with Wipfli, LLP for an amount not to exceed $40,000, for a new not-to-exceed amount of $275,000.