Title
Contracts: Independent Evaluators for the City of Sacramento Ethics Commission
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FileID
File ID: 2024-01775
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Location
Location: Citywide
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Recommendation
Recommendation: Pass a Motion: 1) authorizing the City Clerk or their designee to award and execute a City Agreement with Hanson Bridgett LLP for an amount not to exceed $250,000 to provide independent evaluation and investigation services for the City of Sacramento Ethics Commission; and 2) authorizing the City Clerk to award and execute City Supplemental Agreement No. 1 to PRC002160 with Devaney Pate Morris & Cameron LLP increasing the current contract by $50,000 for a new not to exceed of $70,000 to provide independent evaluation and investigation services for the City of Sacramento Ethics Commission when there is a potential conflict of interest preventing Hanson Bridgett LLP from serving as the independent evaluator for the City of Sacramento Ethics Commission.
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Contact
Contact: Kamie Southward, Council Clerk Operations Manager, (916) 808-7604, ksouthward@cityofsacramento.org; Mindy Cuppy, City Clerk, (916) 808-5441, mcuppy@cityofsacramento.org; Office of the City Clerk
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Presenter
Presenter: None
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Attachments
Attachments:
1-Description/Analysis
2-Proposed City Agreement with Hanson Bridgett LLP
3-Proposed Supplemental Agreement with Devaney Pate Morris & Cameron LLP
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Description/Analysis
IssueDetail
Issue Detail: The City of Sacramento Ethics Commission (Ethics Commission) was established March 21, 2017, by Ordinance 2017-0026, which added Chapter 2.112 to the Sacramento City Code, for the purpose of reviewing and considering complaints against elected and appointed city officials to ensure those city officials are conforming their conduct to the City’s laws and policies. Pursuant to Sacramento City Code Section 2.112.030, an independent and neutral evaluator shall be retained to review and investigate complaints and to make recommendations to the commission.
Staff recommends Council approve the City Clerk entering into an agreement for the retainer of an independent and neutral evaluator for the Ethics Commission. Staff also recommends Council approve Supplemental Agreement No. 1 to PRC002160 as an alternative evaluator when the primary evaluator has a conflict of interest preventing them from serving as a neutral, independent evaluator.
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PolicyConsiderations
Policy Considerations: The actions recommended in this report are in accordance with Sacramento City Code Chapter 3.56.090 and 3.64 requiring City Council to authorize execution of agreements over $250,000 and the City’s Local Business Enterprise and Local Hire Programs. The actions are also in accordance with City Code Chapter 2.112 requiring the Ethics Commission to retain an independent and neutral evaluator.
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EconomicImpacts
Economic Impacts: None.
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EnvironmentalConsiderations
Environmental Considerations: None.
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Sustainability
Sustainability: None.
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Commission/Committee Action
Commission/Committee Action: Not applicable.
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RationaleforRecommendation
Rationale for Recommendation: The contract with the previous primary independent evaluator for the Ethics Commission, Hanson Bridgett LLP, expires on November 30, 2024, and had a total not-to-exceed amount of $249,000. The Office of the City Clerk advertised a request for qualifications for the competitive selection of an independent and neutral evaluator for the Ethics Commission on September 25, 2024. The RFQ was due no later than October 25, 2024, at 5:00 PM. The following firms responded:
• Devaney Pate Morris & Cameron LLP
• Hanson Bridgett LLP
• Lozano Smith
The City Clerk, who serves as the City’s Ethics Officer, reviewed and evaluated the written proposals based upon experience, qualifications, and understanding of ethics laws and policies of the City and the State of California. Hanson Bridgett LLP was selected as the most responsive from the submissions.
The contract for the alternate independent evaluator, Devaney Pate Morris & Cameron LLP, is approaching its current not-to-exceed amount of $20,000 and expires November 30, 2027. To ensure the Ethics Commission can continue to provide independent evaluations and investigations, retaining an alternate firm is necessary.
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FinancialConsiderations
Financial Considerations: The total not-to-exceed amount of the proposed agreement with Hanson Bridgett LLP for the 5-year term is $250,000.
The increased amount of the proposed supplemental agreement with Devaney Pate Morris & Cameron LLP is $50,000 increasing the total not to exceed amount to $70,000.
Sufficient funding exists in the City Clerk’s operating budget to retain both an independent evaluator and an alternative independent evaluator for the Ethics Commission.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Hanson Bridgett LLP is a LBE.
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