City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01708 10/15/2024 Consent Item 22.
Supplement to Agreement for Specialized Litigation Consulting/Expert Services File ID: 2024-01708
Location: Citywide
Recommendation: Pass a Motion amending the expert/consulting agreement with HF&H Consultants, LLP by $35,000 and authorizing the City Attorney to execute a supplemental contract with Wipfli, LLP in an amount not-to-exceed $130,000 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 Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $35,000 supplement to the current expert services agreement with HF&H Consultants, LLP, for a total amount not to exceed $130,000 for expenses associated with the litigation entitled USA Waste of California v. City of Sacramento, et al. This amendment is 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: None.
Environmental Considerations: 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.
File ID: 2024-01708 10/15/2024 Consent Item 22.
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 (I80310000) to execute Supplemental Agreement No. 2 with HF&H Consultants, LLP, for a new not-to -exceed amount of $130,000.
There are no General Funds planned or allocated to this project.
Local Business Enterprise (LBE): HF&H Consultants is an LBE.
SUPPLEMENTAL AGREEMENT
(Rev. 9-17-12)
Project Title and Job Number: Agreement for Specialized Litigation Consulting/Expert Services - USA Waste of CA v. City of Sacramento, et al. Date: 5-1-2024Purchase Order #: Supplemental Agreement No.: 2The City of Sacramento ("City") and HF&H Consultants, LLC________________("Contractor"), as parties to that certain LegalServices 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. 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 increasedby $35,000,-to-exceed amount is amended as follows:Agreement's original not-to-exceed amount: __ __ __$50,000.00_Net change by previous supplemental agreements: $45,000.00Not-to-exceed amount prior to this supplemental agreement: ___ _____$95,000.00_Increase by this supplemental agreement: _ _____$35,000.00_New not-to exceed amount including all supplemental agreements: ____ ___$130,000.00_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: Approved As To Form By: Andrea Velasquez, Supervising Deputy City AttorneyRob Hilton, President, HF&H Consultants, LLCAttested To By:Approved By:Brett M. Witter, Assistant City Attorney City Clerk