HomeMy WebLinkAboutR-11058 approving an amendment to the Legal Services Contract with Hanley and Fleishman, LLP, and Related Budgetary AppropriationsRESOLUTION NO. 11058 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
LEGAL SERVICES CONTRACT WITH HANLEY AND FLEISHMAN,
LLP, AND RELATED BUDGETARY APPROPRIATIONS
WHEREAS, in April 201 7 the law firm Hanley and Fleishman, LLP, ("H&F") began
providing professional legal services to the City through an agreement to provide contract Deputy
City Attorney services related to general municipal prosecution, transactional and advisory
support; and
WHEREAS, H&F, as contract Deputy City Attorney, provided the City with various types
of support as assigned by the City Attorney, including filing and making in-person court
appearances in support of criminal misdemeanor complaints for violations of the City's municipal
code;and
WHEREAS, H&F has continually proven to be a reliable and efficient source of legal
services at a negotiated flat rate, as the workload of the City Attorney's Office has increased, and
the City Attorney has needed to delegate tasks to address demands in a timely manner; and
WHEREAS, the workload of the City Attorney's Office continues to require legal services
in addition to those provided by its two regular staff members (the City Attorney and Assistant
City Attorney); and
WHEREAS, over the term of the City's contract with H&F, funding to support the contract
has come from City Attorney's Office budget for contract services and temporary salaries; these
funds being appropriated in the budget for use towards such purposes; and
WHEREAS, at this time, the City Attorney requests an amendment of the H&F contract
to extend the term through May 31, 2020 at the existing flat rate, which would require the
encumbrance of an additional $48,000 to support the contract extension; and
WHEREAS, the City has recovered $21,707.05 through settlement agreements related to
various code enforcement cases, which is currently being held in a City liability account, which
has not been appropriated to any other purpose; and
WHEREAS, the City Attorney requests the balance of settlement agreement funds be used
towards the requested contract amendment to fund continued and expanded code enforcement
legal support services.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Approve and authorize the City Attorney to execute the proposed contract
amendment with H&F extending the term through May 31, 2020 and approve the use of currently
budgeted and appropriated contract services ($25,000) and temporary salaries ($1,292.95) funding,
as well as currently unbudgeted and unappropriated code enforcement settlement agreement funds
($21, 707 .05), as specified in the staff report.
R 11058
Resolution No. 11058 (2019 Series)
SECTION 2. Direct the Finance Director to move the balance of $21,707.05 currently in
a City liability account for code enforcement settlement agreements to the City Attorney contract
services budget line.
SECTION 3. Authorize the City Attorney to re-allocate the funds approved to support
this contract amendment if the City Attorney determines that the workload demand or service
needs of the office can be more efficiently or cost effectively addressed by retention of temporary,
part-time staffing or through different contract services arrangements.
Upon motion of Council Member Christianson, seconded by Vice Mayor Pease, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Council Member Christianson, Gomez, Stewart, Vice Mayor Pease and
Mayor Harmon
None
None
The foregoing resolution was adopted this 12 1h day ofNovem
ATTEST:
City Clerk
APPROVED AS TO FORM:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 3 rd day f ~:0:Y,,~ , 2.o \°I
u
Teresa Purrington
City Clerk
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