Title:
Title
Amendment to Contract No. 2018-0768 with Colantuono, Highsmith and Watley
End
FileID
File ID: 2019-01667
Location
Location: Citywide
Recommendation:
Recommendation
Pass a Motion amending Contract No. 2018-0768 to increase the not to exceed amount by $170,000 and authorizing the City Attorney to execute a supplemental contract with the Law Offices of Colantuono, Highsmith and Whatley in an amount not to exceed $250,000 for litigation assistance in the lawsuit entitled: Russell Wyatt v. City of Sacramento.
Contact: Chance Trimm, Senior Deputy City Attorney, City Attorney’s Office, (916) 808-5346, Office of the City Attorney
Body
Presenter: None
Attachments:
1-Description/Analysis
2-Amendment to Contract 2018-0768
Description/Analysis
Issue Detail: Staff is seeking City Council approval to supplement the current legal services agreement with Colantuono, Highsmith and Whatley, a Professional Law Corporation, to an amount not to exceed $250,000 for expenses associated with the litigation entitled Wyatt, Russell v. City of Sacramento. This amendment has become necessary due to the City filing an appeal of the trial court’s ruling in favor of petitioner. Additional work will be required to prosecute the appeal of this matter.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Colantuono, Highsmith and Whatley has been selected as the most qualified firm to strongly represent the City’s interests in this lawsuit.
It is recommended that the Council authorize the City Attorney to enter into a contract for legal services with Colantuono, Highsmith and Whatley in an amount not to exceed $250,000.
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation.
Economic Impacts: Not applicable.
Environmental Considerations: Contracting for outside legal services is an administrative activity that will not result in direct or indirect physical changes in the environment and is not a project subject to CEQA review. CEQA Guidelines section 15378 (b) (5).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: A lawsuit was filed in which petitioner challenged the constitutionality of the City’s Enterprise Utilities Tax.
Financial Considerations: Start HereThere is sufficient funding in the Citywide Litigation Project (I80310000) for the above supplemental agreement.
Local Business Enterprise (LBE): Start HereNone