Reso. No. RES-2024-177
RESOLUTION NO. RES-2024-177
RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F002672 WITH GEARY, SHEA, O’DONNELL, GRATTAN & MITCHELL P.C.
INCREASING COMPENSATION BY $190,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $540,000 FOR CONTINUED LEGAL REPRESENTATION; DELEGATE AUTHORITY TO THE CITY ATTORNEY TO EXECUTE THE AGREEMENT; AND INCREASE IN APPROPRIATIONS OF $290,000 FROM THE GENERAL FUND FOR
CONTINUED LEGAL SERVICES
WHEREAS, effective August 17, 2023, City entered into Professional Services Agreement Number F002672 with Geary, Shea, O’Donnell, Grattan & Mitchell, P.C. (“Agreement”) in the amount of $100,000 for legal representation in Vannucci, et al. v. County of Sonoma, City of Santa Rosa, et al., United States District Court for the Northern District of California, Case Number 18-CV-01955-VC; and
WHEREAS, on December 6, 2023, City entered into a First Amendment to the Agreement for the purpose of providing legal representation in Cressy, et al. v. California Department of Transportation, City of Santa Rosa, et al., United States District Court for the Northern District of California, Case Number C23-05201-WHO, a case that was dismissed on January 22, 2024; and
WHEREAS, on February 13, 2024, by Resolution RES-2024-025, Council approved a Second Amendment to the Agreement adding compensation need for continued representation in Vannucci while the case was stayed pending the United States Supreme Court’s ruling in Grants Pass v. Johnson, et al; and
WHEREAS, at the time Council approved the Second Amendment to the Agreement, the City Attorney informed the Council that she would return to Council after the Supreme Court rules in Grants Pass with a request for approval to add additional compensation to the Agreement for representation of the City in Vannucci through trial; and
WHEREAS, on August 20, 2024, a Third Amendment to the Agreement was executed adding compensation for a portion of the compensation needed for continued legal representation in Vannucci; and
WHEREAS, the services and terms of the Agreement have been reviewed, and the City Attorney’s Office recommends increasing the compensation amount under the Agreement to allow for continued representation in Vannucci through trial.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Santa Rosa approves the Fourth Amendment to the Professional Services Agreement Number F002270 F002672 with Geary, Shea, O’Donnell, Grattan & Mitchell, P.C. increasing compensation by $190,000, for a total contract amount not to exceed $540,000, attached to this resolution as Exhibit A and made a part of herein , for continued legal representation as described above.
Reso. No. RES-2024-177
BE IT FURTHER RESOLVED that the Council delegates authority to the City Attorney to execute the agreement.
BE IT FURTHER RESOLVED that Council appropriates $290,000 from the general fund unassigned reserves to the City Attorney’s Office budget for professional services to allow for continued legal representation in the Vannucci matter through trial.
IN COUNCIL DULY PASSED this 19th day of November, 2024.
AYES: (6) Mayor N. Rogers, Vice Mayor Stapp, Council Members Alvarez, Fleming, Okrepkie, C. Rogers
NOES: (0)
ABSENT: (1) Council Member MacDonald
ABSTAIN/RECUSE: (0)
ATTEST: _________________________ APPROVED: ______________________________ City Clerk Mayor
APPROVED AS TO FORM: ________________________
City Attorney
Exhibit A - Fourth Amendment to the Professional Services Agreement Number F002672 with Geary, Shea, O’Donnell, Grattan & Mitchell, P.C.