CITY COUNCIL STAFF REPORT
MEETING DATE: February 1, 2017
PREPARED BY: Donald A. Larkin, City Attorney
APPROVED BY: City Manager
Title
APPROVAL OF AN AMENDMENT TO THE LEGAL SERVICES CONSULTANT AGREEMENT WITH THE LAW FIRM OF GARY M. BAUM FOR OUTSIDE COUNSEL SERVICES TO INCREASE THE TOTAL NOT TO EXCEED AMOUNT TO $60,000
END
RECOMMENDATION(S)
RECOMMENDATION
Authorize the City Manager to execute and administer an amendment to the legal services Consultant Agreement with the Law Firm of Gary M. Baum for outside counsel services to increase the total not to exceed amount to $60,000.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Enhancing public safety
Protecting the environment
Maintaining fiscal responsibility
Supporting youth
Fostering a positive organizational culture
Preserving and cultivating public trust
2016 Focus Areas
Planning Our Community
Developing Our Community
Enhancing Our Services
Improving Our Communication
Participate in Regional Issues
REPORT NARRATIVE:
The City Attorney is requesting an amendment to the existing contract with the Law Offices of Gary M. Baum to increase the not to exceed amount to $60,000.
Gary Baum served as Interim City Attorney from November 18, 2015 through July 10, 2016. On July 11, 2016, at the request of the City Attorney, the City Manager approved a consultant agreement to allow Mr. Baum to aid in the transition of the newly appointed City Attorney and to provide back-up and support as necessary.
In addition to assisting in the transition to the City Attorney, Mr. Baum is currently representing the City in a real property dispute and providing coverage for the Deputy City Attorney, who is on a temporary leave of absence. In order to ensure that there are sufficient funds to allow Mr. Baum to provide these additional services, the City Attorney is requesting an increase in the not to exceed amount of $30,000 through the remainder of the fiscal year. The amendment also reflects an increase in Mr. Baum's hourly rate of $10 per hour, to $275 per hour.
This amendment will increase Mr. Baum's contract's original not to exceed amount of $30,000 by an additional $30,000, for a new total not to exceed amount of $60,000. Because the new contract amount will exceed City Manager contract authority, Council authorization is needed for the amendment.
The proposed hourly rate of $275 per hour represents a discount from Mr. Baum's standard rate, and is lower than other outside counsel performing similar work.
COMMUNITY ENGAGEMENT: Inform
Consideration of this action by City Council has been duly noticed and posted as required by applicable law in order to inform the public of this matter.
ALTERNATIVE ACTIONS:
The Council could choose not to authorize the contract amendment. If the amendment is not approved, the City Attorney will seek input from the Council and City teammates regarding the prioritization of current projects and responsibilities.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
This contract amendment has not been previously considered by Council or any City commission.
FISCAL AND RESOURCE IMPACT:
The additional $30,000 for this contract amendment is included within the City Attorney's budget for outside counsel services.
CEQA (California Environmental Quality Act):
Not a Project
A contract for outside counsel services is not a project under CEQA
LINKS/ATTACHMENTS:
First Amendment to Agreement Signed by the Law Offices of Gary M. Baum