HomeMy WebLinkAboutItem 09 - Amendment to Legal Services Agreement for Deputy City Attorney ServicesDepartment Name: City Attorney
Cost Center:
For Agenda of:
Placement:
Estimated Time:
1501
November 12, 2019
Consent
N/A
FROM: Christine Dietrick, City Attorney
Prepared By: Bailey Hicks, Legal Assistant
Kelly White, Legal Assistant/Paralegal
SUBJECT: AMENDMENT TO LEGAL SERVICES AGREEMENT FOR CONTRACT
DEPUTY CITY ATTORNEY SERVICES
RECOMMENDATION
1.A Third Amendment to the Legal Services Agreement with the law firm of Hanley and
Fleishman, LLP, adding an additional eight months to the agreement and increasing the
cumulative not-to-exceed amount from $180,000 to $228,000.
2.The Finance Director to appropriate funds currently held in a City liability account to the
City Attorney’s contract services budget in the amount of $21,707.05 and authorizing the
use of those funds and funds currently available within department budget to support the
contract amendment.
3.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.
DISCUSSION
Over the 30 months of the agreement, Hanley and Fleishman, LLP has consistently shown itself
to be a cost-effective resource. Most notably making numerous court appearances, in support of
the filing of misdemeanor criminal citations, responding to records and subpoena requests, and
acting as advisor to Code Enforcement staff, in addition to providing supplemental personnel and
general municipal advisory services to address increasing baseline workload. These services are
provided on a flat-rate basis so that unpredictable spikes in workload do not result in
unpredictable cost increases. This arrangement has proven cost effective and integral to
supporting the transition of the new Assistant City Attorney, while allowing regular staff of the
department to address other organizational demand for ongoing legal services on major projects
and high priority and emerging issues.
Because of their performance to date, the City Attorney recommends extending the term of the
current flat-rate, month-to-month agreement by eight months (to May 31, 2020) and to increase
the not-to-exceed amount to $228,000. The City Attorney recommends this amendment
(Attachment A) as a means to accomplish the goals for which department has been given
contract and staffing budget. The contract remains terminable for convenience or financial need
with 30 days’ notice.
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BACKGROUND
Previous Council or Advisory Body Action
In June 2017 the City Council authorized the First Amendment to this agreement, and in
November 2018 authorized the Second Amendment (Attachment B).
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment
can be provided to the City Council through written correspondence prior to the meeting and
through public testimony at the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Partially (see table below) Budget Year: 2019/20
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
Total Funding
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund:
temp. salaries
$8,800
(previously budgeted)
$1,292.95
(previously
appropriated) $7,507.05 N/A
General Fund:
contract services
$25,000
(previously budgeted)
$25,000
(previously
appropriated) $0 N/A
State $0 $0 $0
Federal $0 $0 $0
Fees $0 $0 $0
Other:
Code Enforcement
Settlements
$21,707.05
(previously
unbudgeted)
$21,707.05
(appropriation
requested) $0 N/A
Total $55,507.05 $48,000 $6,200 N/A
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The City Attorney Department’s contract services account was previously allocated $25,000 for
code enforcement use, which is appropriated within the department’s current budget and the City
Attorney is requesting it be encumbered in support of the contract extension. The City also
accumulated funds in the City liability account in the amount of $21,707.05 from previous code
enforcement settlements completed by the Department; the funds being previously
unappropriated, but the City Attorney is requesting they be appropriated by Council for this code
enforcement support use (Attachment C). The remaining funding of $1,292.95 for the contract
amendment requested, will come from the existing temporary salaries account with in the City
Attorney’s Department current budget. The Department is requesting to use these funds for
continued and expanded support of code enforcement services that are included in this
Agreement.
ALTERNATIVES
Do not authorize the Third Amendment to the Agreement. The consequences of this action
would be to limit the department’s ability to efficiently accomplish the code enforcement,
records, development review and other general municipal law support services expected of it,
including the timely filing of misdemeanor criminal citations and related court appearances.
Attachments:
a - Third Amendment to Agreement with Hanley and Fleishman
b - First & Second Amendment to Agreement with Hanley and Fleishman
c - Draft Resolution
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THIRD AMENDMENT TO AGREEMENT
This Second Amendment to Agreement is made and entered in the City of San Luis Obispo on
, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
herein after referred to as City, and HANLEY AND FLEISHMAN, LLP, a limited liability partnership,
hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, on April 1, 2017, the City entered into an Agreement with Consultant for
professional legal services to serve as a contract deputy city attorney; and
WHEREAS, on June 6, 2017, the parties executed a First Amendment to said Agreement; and
WHEREAS, on November 1, 2018, the parties executed a Second Amendment to said
Agreement; and
WHEREAS, the City has received excellent and efficient service to date from Consultant under
said Agreement; and
WHEREAS, the parties seek to modify certain provisions of the Agreement between them.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1.The “COMPENSATION.” Section is modified to read “…a sum not to exceed six
thousand dollars ($6,000.00) per month, or $228,000 over the term of the Agreement.
2.The last sentence of the “TERM AND TERMINATION.” Section is modified to read
“This Agreement shall continue until termination, until May 31, 2020, or until modified
by written Agreement of the parties.”
3.All other terms and conditions of the Agreement, as amended hereby, remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO
By:________________________________
J. Christine Dietrick, City Attorney
Signed on __________________________
HANLEY AND FLEISHMAN, LLP
By: ________________________________
Roy A. Hanley
Its:
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R ______
RESOLUTION NO. _____ (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 2017 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.
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Resolution No. _____ (2019 Series) Page 2
R ______
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 _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this __________ day of ______________________, __________.
____________________________________
Teresa Purrington
City Clerk
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