Agenda Item #13.5
For Council Meeting of: February 4, 2025
CITY OF SANTA ROSA
CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: TERESA STRICKER, CITY ATTORNEY
SUBJECT: SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F002830 WITH BURKE, WILLIAMS & SORENSEN, LLP FOR CONTINUED LEGAL REPRESENTATION AGENDA ACTION: RESOLUTION
RECOMMENDATION
It is recommended by the City Attorney that the Council, by resolution: 1) approve the Second Amendment to Professional Services Agreement Number F002830 with Burke, Williams & Sorensen, LLP increasing compensation by $500,000, for a total contract amount not to exceed $600,000, for continued legal representation through trial in the matter of Hartman v. City of Santa Rosa, et al., Sonoma County Superior Court Case No. 24CV02546; and 2) delegate authority to the City Attorney to execute the amendment.
EXECUTIVE SUMMARY
The City entered into Professional Services Agreement Number F002830 with Burke, Williams & Sorensen, LLP (BWS) effective May 8, 2024, for representation in the matter of Clare Hartman v. City of Santa Rosa, et al., Sonoma County Superior Court Case No. 24CV02546 (Hartman matter), in an amount not to exceed $50,000. A First Amendment was entered into on January 9, 2025, to increase compensation by $50k for an amount not to exceed $100,000.
BACKGROUND
A Complaint was filed with the Sonoma County Superior Court on April 25, 2024 by Plaintiff Clare Hartman and served on the City of Santa Rosa in May 2024, alleging wrongful termination, discrimination, failure to provide reasonable accommodation and retaliation.
Effective May 8, 2024, the City entered into the Agreement with BWS for legal representation in the Hartman matter. A trial is scheduled for July 2025.
A First Amendment to the Agreement was entered into on January 9, 2025, adding $50,000 in compensation for a total amount not to exceed $100,000.
PRIOR CITY COUNCIL REVIEW
None.
ANALYSIS
The City Attorney recommends that the Council approve a Second Amendment to the Agreement with BWS to add an additional $500,000 in compensation, for a total compensation amount not to exceed $600,000. That funding level is anticipated to be sufficient for all representation of the City in the Hartman matter through trial.
FISCAL IMPACT
This action has no direct impact to the budget or reserves of the General Fund as it is paid from the Risk Fund. The Risk Fund uses established reserves and annual funding from all City departments to pay claims and expenses.
ENVIRONMENTAL IMPACT
The action is not a project subject to the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15378(b)(4) because it is a fiscal activity, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
BOARD/COMMISSION/COMMITTEE REVIEW AND RECOMMENDATIONS
Not applicable.
NOTIFICATION
Not applicable.
ATTACHMENTS
Resolution / Exhibit A (Second Amendment to PSA F002830)
PRESENTER
Teresa Stricker, City Attorney
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F002830 WITH BURKE, WILLIAMS & SORENSEN LLP FOR CONTINUED LEGAL REPRESENTATION PAGE 3 OF 3