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Home My WebLink AboutCA Legal Services re Homelessness IssuesCITY OF Agenda Item No: 4.b in, Meeting Date: July 18, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Attorney Prepared by: Lisa Goldfien City Manager Approval: Assistant City Attorney TOPIC: Legal Services re Homelessness Issues SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT FOR LEGAL SERVICES WITH BURKE, WILLIAMS & SORENSEN, LLP FOR AN INCREASE IN TOTAL COMPENSATION NOT TO EXCEED $40,000 RECOMMENDATION: Adopt Resolution. BACKGROUND: In February of this year, the City Manager authorized the City Attorney's office to consult with the law firm of Burke, Williams & Sorensen, LLP in connection with various City efforts to address problems related to homelessness in San Rafael. Law firm partner Kevin Siegel has been providing land use and other municipal law expertise to the City since that time. ANALYSIS: Mr. Siegel has provided significant legal assistance to staff, primarily in connection with the City's dealings with the Ritter Center's possible relocation out of downtown San Rafael, and, more recently, with the City's efforts to work with the Ritter Center on modifications to its operations at its present location. As the City continues to devote a great deal of effort to resolution of these matters and other issues related to homelessness, the original $20,000 budget for Mr. Siegel's services agreement has been exhausted. Staff believes that Mr. Siegel's assistance in connection with the Ritter Center and other City homelessness initiatives continues to be of great value to the City, and recommends that the Council authorize amending the current agreement for legal services to increase the total budget to a not -to -exceed amount of $40,000. Staff believes this amendment will be sufficient to cover all the additional legal services required from Mr. Siegel. FISCAL IMPACT: Sufficient funds for this agreement are available in the City's General Fund allocated to Homeless initiatives and outreach. FOR CITY CLERK ONLY File No.: 4-3-557 Council Meeting: 07/18/2016 Disposition: Resolution 14154A SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented approving the requested budget increase; 2. Adopt the resolution with a modified budget amount; 3. Do not approve the amendment, and terminate Mr. Siegel's services to the City. RECOMMENDED ACTION: Adopt the Resolution Authorizing the City Manager to Amend the Agreement for Legal Services with Burke, Williams & Sorensen, LLP for an Increase in Total Compensation Not To Exceed $40,000 ATTACHMENTS: A. Resolution B. Amendment to Agreement for Legal Services with Burke, Williams & Sorensen, LLP for an Increase in Total Compensation Not To Exceed $40,000 RESOLUTION NO. 14154A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT FOR LEGAL SERVICES WITH BURKE, WILLIAMS & SORENSEN, LLP FOR AN INCREASE IN TOTAL COMPENSATION NOT TO EXCEED $40,000 WHEREAS, the San Rafael City Council is committed to addressing the problems and impacts of homelessness in San Rafael; and WHEREAS, in furtherance of that end, on February 25, 2016, the City entered into an "Agreement for Legal Services Between the City of San Rafael and Burke, Williams & Sorensen, LLC" ("Agreement"), for specialized legal services in connection with the City's homelessness initiatives; and WHEREAS, the Council finds that there is a continuing need for such specialized legal services, and that it is desirable and appropriate to increase the budget for the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute an amendment to the Agreement, in a form to be approved by the City Attorney, to increase the total compensation payable under the Agreement to a not -to -exceed amount of $40,000. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 18th day of July, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin, Gamblin =%;a- 0&4,r ESTHER C. BEIRNE, CITY CLERK 1 AMENDMENT TO AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN RAFAEL AND BURKE, WILLIAMS & SORENSEN, LLP This Amendment to Agreement ("Amendment") is made and entered into this .20 day of • c c�.y , 2016, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BURKE, WILLIAMS & SORENSEN, LLP (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY and CONTRACTOR entered into that certain "Agreement for Legal Services Between the City of San Rafael and Burke, Williams, Sorensen, LLP" dated February 25, 2016 (the "2016 Agreement"), pursuant to which CONTRACTOR has provided legal services in connection with CITY initiatives to confront and resolve issues related to homelessness in San Rafael; and WHEREAS, pursuant to the 2016 Agreement, CONTRACTOR has provided valuable services to CITY, including advising CITY in the course of discussions with the Ritter Center about possible modifications to its operations and/or relocation out of downtown San Rafael; and WHEREAS, CITY has determined that there continues to be a need for CONTRACTOR's services, and the parties have determined that it is necessary and appropriate to increase the budget for the desired services from CONTRACTOR; NOW, THEREFORE, the parties hereby amend the 2016 Agreement as follows: 1. Section 4 of the 2016 Agreement is hereby amended to read in its entirety as follows: For the CONTRACTOR's full performance of the duties and services described herein, CITY shall pay CONTRACTOR for the hours of work, based on the rates of $315.00/hour for the PROJECT DIRECTOR and other partners at CONTRACTOR's firm as approved by PROJECT MANAGER; $270.00/hour for any Associate of CONTRACTOR's firm; and $160.00/hour for any Paralegal in CONTRACTOR's firm; in a total amount not to exceed $40,000, including expenses. Expenses will be billed to CITY at CONTRACTOR's cost, except as follows: In -office photocopying/page: $0.20 In -office color photocopying/page $1.00 Facsimile charges;/page: $1.00 Mileage/mile: $0.54 Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 2. Except as specifically amended herein, the terms of the 2016 Agreement shall remain unchanged and in full force. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day, month and year first above written. CITY OF SAN RAFAEL JIMC UTZ, CitWanger ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ' j24d'-0--' ROBERT F. EPSTEIN)City Attori y BURKE, WILLIAMS & SORENSEN, LLP, CONTRACTOR KEVIN D. SIEGEL, Partner CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Attorney Project Manager: Rob Epstein Extension: (415) 722-1763 Contractor Name: Burke, Williams & Sorensen, LLP Contractor's Contact: Kevin Siegel Contact's Email: ksiegel@bwslaw.com ® FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A ❑ b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 7/13/2016 and return to Project Manager ® LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor N/A Z LAG 3 Project Manager Forward three (3) originals of final agreement to 7/13/2016 contractor for their signature 4 Project Manager When necessary, * contractor-sianed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval 7/18/2016 PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 711f� Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed 711 agreement 7 City Attorney Review and approve insurance in PINS, and bonds tJIA- Q� (for Public Works Contracts) Ped' 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager /S . ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 7/18/2016 From: Lisa Goldfien Department: City Attoreny Date: 7/13/2016 Topic: Amendment of Agreement with Burke, Williams & Sorensen, LLP Subject: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT FOR LEGAL SERVICES WITH BURKE, WILLIAMS & SORENSEN, LLP FOR AN INCREASE IN TOTAL COMPENSATION NOT TO EXCEED $40,000 Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: approved with edits (not tracked) to Fiscal Impact ® City Attorney Remarks: LG -Approved 7/13/16 ® Author, review and accept City Attorney / Finance changes Remarks: ® City Manager Remarks: