City Council Agenda Report
Meeting Date: May 6, 2025
From: Zaynah Moussa, City Attorney
Department: City Attorney
Submitted by: Eva Muro, Legal Analyst
Subject
Amendment No. 3 to the Attorney Services Agreement between the City of Vernon and Burke, Williams & Sorensen, LLP for specialized outside legal services.
Recommendation
Approve and authorize the City Administrator to execute Amendment No. 3 to the Attorney Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams), in substantially the same form as submitted, to increase the total not-to-exceed amount by an additional $70,000.
Background
The City Attorney’s Office is staffed by the City Attorney and one Legal Analyst. For litigation and specialized legal matters, the City Attorney utilizes the assistance of outside counsel on an as-needed basis. On May 17, 2022, City Council approved a three-year Attorney Services Agreement for litigation and specialized legal services with Burke Williams (Agreement) for a total not-to-exceed amount of $150,000. On September 5, 2023, the City Council approved Amendment No. 1 to the Agreement to increase the total not-to-exceed amount by an additional $125,000. On September 17, 2024, the City Council approved Amendment No. 2 to the Agreement to increase the total not-to-exceed amount by an additional $125,000.
Burke Williams was selected after a November 2021 comprehensive competitive selection (Request for Proposals) process, in accordance with City purchasing procedures and good governance contracting principles. The term of the Agreement between the City and Burke Williams is May 20, 2022 through May 19, 2025. In November 2024, the City Attorney’s Office conducted a new RFP process for outside legal services, in compliance with Vernon Municipal Code (VMC) Section 3.32.220(B) which requires that professional service agreements be rebid every three years unless commercially unreasonable to do so. A new agreement for outside legal services will be presented to Council for approval at a later date.
In order to cover the total costs and expenses incurred through the end of the contract term, staff is requesting approval of Amendment No. 3, which maintains all existing terms under the Agreement and increases the not-to-exceed amount by $70,000, bringing the total contract amount to $470,000. Pursuant to VMC Section 3.32.030(A), City Council approval is required for the amendment as the total value of the contract exceeds $100,000. Amendment No. 3 has been reviewed and approved as to form by the City Attorney.
Fiscal Impact
The fiscal impact of Amendment No.3 with Burke Williams is $70,000. Sufficient funds are available in General Fund, City Attorney Department, Professional Services – Legal Account No. 011-010-115-529200 for the current fiscal year.
Attachments
1. Burke Williams – Amendment No. 3