PREPARED BY: SARAH MAROOF DATE OF MEETING: 01/21/25
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION OF THE CITY OF SAN PABLO AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE JULY 1, 2024, LEGAL SERVICES AGREEMENT WITH JARVIS FAY, LLP, INCREASING MAXIMUM COMPENSATION BY $50,000, FOR A NOT-TO-EXCEED AMOUNT OF $100,000
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
The execution of this Legal Services Agreement amendment is necessary for the ongoing operations of the City, and helps support several Major Policy Goals identified in the FY 2023-25 City Council Priority Workplan, including: “”Build a Healthy Community,” “Enhance Community Resilience,” “Expand Housing Options,” and “Focus on Economic Development and Fiscal Diversification.”
BACKGROUND
Jarvis Fay LLP has been providing legal services to the City since 2015 and is very familiar and knowledgeable about municipal law in general, as well as operations, projects, and issues specific to the City. Since February 2023, Jarvis Fay LLP has provided legal assistance with the Housing Element Update process and, since March 2023 has been staffing the Planning Commission on behalf of the City Attorney, in addition to providing legal services in connection with other discrete municipal law projects. Since June 2023, Jarvis Fay has also provided legal support related to more weapons confiscation matters and Pitchess motions when the City Attorney has been unavailable to handle them personally due to scheduling conflicts. The City Attorney, City Manager and Community Development staff have been pleased with the legal support provided by Jarvis Fay LLP and have continued those services in Fiscal Year 2024-25.
The City entered into its current Legal Services Agreement with Jarvis Fay LLP, effective July 1, 2024, in an amount not to exceed $50,000, with funding coming from City Attorney’s Department professional services budgeted funds (Account 100-1210-43600), for the provision of on-call general municipal legal services, and more particularly in the areas of Planning and Development, Pitchess motions, and weapons confiscation matters. Based on current on-call needs, funding for this contract may be exhausted by February 2025.
To support current needs for continued on-call legal support from Jarvis Fay, LLP, the City Attorney and City Manager request that the City Council authorize an amendment to the City’s existing Legal Services Agreement with the firm to add up to an additional $50,000 in compensation, for a contract amount as amended not to exceed $100,000.
Since it is unknown whether the full additional $50,000 will be needed in FY 2024-25, due to the fluctuating and as yet uncertain need for future on-call outside legal counsel support, only $35,000 will be encumbered by a purchase order initially, with the remaining $15,000 to be left unencumbered until needed.
FISCAL IMPACT
The proposed amendment would increase the Legal Services Agreement effective July 1, 2024, originally in the amount of $50,000, by an additional $50,000 to cover the remainder of FY24-25, for a new total not-to-exceed amount of $100,000. The proposed increase in maximum compensation will be funded by:
1) a budget transfer of $25,000 from funds currently encumbered under another legal services contract funded by City Attorney’s Office professional services budget (100-1210-43600), which will be released via a budget adjustment request;
2) $10,000 from the City Attorney’s Office professional services budget (100-1210-43600) that is currently unencumbered; and
3) if needed, up to $15,000 may be requested from the City Manager Contingency Account (100-1310-44444)
No budget increase is needed to fund this contract amendment.
ATTACHMENTS
Att A - Resolution
Att B - Proposed First Amendment to 7/1/24 Legal Services Agreement with Jarvis Fay, LLP for services, with the effective date of the First Amendment being January 22, 2025Att Att C - Underlying current Legal Services Agreement with Jarvis Fay, LLP, effective 7/1/24