HomeMy WebLinkAboutE-4 - Staff-Report - Silver and Wright Contract ExtensionCONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
DATE: DECEMBER 16, 2019
SUBJECT: APPROVAL OF CONTRACT AMENDMENT WITH SPECIAL COUNSEL
FOR CODE ENFORCEMENT LEGAL SERVICES
BACKGROUND:
Silver and Wright, LLP, has been providing the City with code enforcement related legal
services since at-least 2014. They have worked on a variety of cases for the City, some of
which have taken a considerable amount of time due to their complexity. The City’s original
agreement with Silver & Wright was extended three times by the Azusa City Council. The last
extension, dated October 31, 2018, covered fiscal years 2017-2018 and 2018-2019. The third
extension has expired and therefore it is necessary to once again amend the City’s agreement
with Silver & Wright. The extension would allow for them to continue assisting the City with
open cases.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)Approve a contract amendment with Silver & Wright, LLP until completion of the two
open litigation cases.
ANALYSIS:
Due to the ongoing Code Enforcement activities and case law that prohibits the City Attorney’s
Office from representing the City on certain enforcement matters, staff is recommending another
APPROVED
CITY COUNCIL
12/16/2019
Silver & Wright Contract Extension
December 16, 2019
Page 2
amendment to Silver & Wright’s agreement. Staff will also be developing an updated Request
for Proposals (RFP) for code enforcement legal services. Upon its completion and release, the
City will solicit proposals from interested parties, including Silver & Wright. The City’s
working relationship with Silver & Wright has been a productive one, however it is often best to
revisit service agreements on a regular basis.
Silver & Wright currently continues to work on two cases for the City. Staff estimates that up to
$50,000 will be needed to cover the continued work on both cases. Therefore, Staff recommends
the City Council approve extension of the contract with Silver & Wright until completion of the
two open litigation cases.
FISCAL IMPACT:
$50,000 was budgeted in FY 2019/20 for legal services related to Code Enforcement matters in
account 10-35-643-000-6301. Thus far, $15,544.66 has been spent, with $3,077.82 paid out to
Silver & Wright. The recommended contract adjustment is $50,000 and any amount remaining
on the contract at the end of FY 2019/20 will be budgeted in subsequent years as necessary until
the conclusion of the two open cases.
Prepared by: Reviewed by:
Matt Marquez Marco A. Martinez
Economic and Community Development Director City Attorney
Fiscal Impact Reviewed by: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Administrative Services Director City Manager
Attachment:
1) Proposed Contract Amendment
FOURTH AMENDMENT TO CODE ENFORCEMENT LEGAL SERVICES
AGREEMENT
BETWEEN THE CITY OF AZUSA
AND
SILVER & WRIGHT LLP
ARTICLE 1. PARTIES AND DATE
This Fourth Amendment to the Code Enforcement Legal Services Agreement (“Third
Amendment”) dated as of the _____ day of December, 2019 is entered into by and between the
City of Azusa (“City”) and Silver & Wright LLP (“Consultant”).
ARTICLE 2. RECITALS
2.1 City and Consultant entered into that certain Code Enforcement Legal Services
Agreement dated January 13, 2014 (“Agreement”), whereby Consultant agreed to provide lgeal
services to the City regarding code enforcement related matters.
2.2 City and Consultant entered into First Amendment on January 5, 2016 (“First
Amendment”) and subsequently entered into to o ther Amendments thereafter;
2.3 City and Consultant now desire to amend the Agreement to allow for the
completion of work on any outstanding cases, as well as assistance with any new cases on an as-
needed basis for a period of twelve months from the date this agreement is executed.
ARTICLE 3. TERMS
3.1 Section 3.3 (“Services and Compensation”) of the Agreement is hereby deleted in
its entirety and replaced with a new Section 3.3 to read as follows:
“3.3 Services and Compensation. For all legal services provided in this Agreement,
except civil litigation matters, the City will pay Consultant at the rate of $215 per hour
for attorney represenation and $130 per hour for paralegals and clerks, not to exceed
$50,000. Consultant will charge in minimum increments of one tenth of an hour,
rounded off for each particular activitiy to the nearest one tenth of an hour.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of this Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement as amended by this Amendment.
ATTACHMENT 1
3.3 Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
3.4 Counterparts. This Amendment may be executed in duplicate originals, each of
which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
CITY OF AZUSA SILVER & WRIGHT LLP
By:__________________________ By:________________________
Sergio Gonzalez, City Manager Matthew R. Silver, Partner
ATTEST:
By:_________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
By:_________________________
Marco A. Martinez
City Attorney