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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: September 11, 2007

Subject/Title: Increase the total authorized expenditures for the 2006/2007 Legal Services Agreement with McDonough, Holland and Allen by $15,000, to a total not to exceed amount of $165,000

Prepared by: Damien Brower, City Attorney

Submitted by: Damien Brower, City Attorney

RECOMMENDATION
Adopt a Resolution increasing the total authorized expenditures for the 2006/2007 Legal Services Agreement with McDonough, Holland and Allen by $15,000, to a total not to exceed amount of $165,000.

PREVIOUS ACTION
On June 27, 2006, by Resolution No. 2006-156, City Council approved the Amended 2005/06 –2006/07 Operating Budget.

On July 11, 2006, by Resolution No. 2006-163, City Council approved a list of vendors whose cost for services staff estimated would go over the City Manager’s $50,000 signature authority limit during the 2006/07 fiscal year.

On January 9, 2007, by Resolution No. 2007-3, City Council approved a list of amendments to contracts that staff estimated would go over the City Manager’s $50,000 signature authority limit during the 2006/07 fiscal year.

BACKGROUND
Given the highly specialized nature of certain legal matters and the amount of legal work that is generated in a city of Brentwood’s size, from time to time it is necessary to engage the services of outside legal counsel.

The City has utilized the services of McDonough, Holland & Allen (MHA) for many years and prior to the hiring of an in-house city attorney in 2000, attorneys from the firm served as Brentwood’s City Attorney. The firm is well familiar with the City and its issues. Through a general legal services agreement, MHA has assisted the City on such matters as construction and public contract issues, complex real property transactions, trademark issues and conflict of interest questions. For 2006/07, the City Council authorized a general legal services agreement with MHA in the amount of $150,000.

In addition to the above matters, work under the 2006/07 general legal services agreement with MHA included several litigation matters. Towards the end fiscal year 2006/07, litigation expenses were incurred that had been anticipated to be incurred during the 2007/08 fiscal year. The unanticipated expenses exceeded the previously authorized agreement amount by $15,000 and City Council authorization is required prior to payment being made. Funds for this authorization have been previously budgeted and the drafting of separate agreements for litigation services will help prevent future requests of this type.


FISCAL IMPACT
Funding for this request was budgeted in the 2006/07 Operating Budget. This action does not request a budget increase.

Attachments:
Resolution


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD INCREASING THE TOTAL AUTHORIZED EXPENDITURES FOR THE 2006/2007 LEGAL SERVICES AGREEMENT WITH MCDONOUGH, HOLLAND AND ALLEN BY $15,000, TO A TOTAL NOT TO EXCEED AMOUNT OF $165,000

WHEREAS, counsel from law firm of McDonough, Holland and Allen (“MHA”) provides specialized legal assistance for affordable housing, civil litigation, redevelopment, and construction issues; and

WHEREAS, MHA appears on behalf of the City in certain court proceedings including weapons confiscation petitions and motions to review police personnel records (“Pitchess” motions); and

WHEREAS, the firm also supplements the City’s general legal needs and has done so since the creation of an in-house City Attorney’s Office; and

WHEREAS, on June 27, 2006, by Resolution No. 2006-156, the City Council approved the Amended 2005/06 –2006/07 Operating Budget; and

WHEREAS, on July 11, 2006, by Resolution No. 2006-163, the City Council approved a list of vendors whose cost for services staff estimated would go over the City Manager’s $50,000 signature authority limit during the 2006/07 fiscal year; and

WHEREAS, on January 9, 2007, by Resolution No. 2007-3, the City Council approved a list of amendments to contracts that staff estimated would go over the City Manager’s $50,000 signature authority limit during the 2006/07 fiscal year; and

WHEREAS, for 2006/07, the City Council authorized a general legal services agreement with MHA in the amount of $150,000; and

WHEREAS, towards the end fiscal year 2006/07, litigation expenses were incurred by MHA that had been anticipated to be incurred during the 2007/08 fiscal year; and

WHEREAS, although sufficient funds were budgeted during the 2006/07 fiscal year for such expenses, the expenses exceeded the previously authorized agreement amount by $15,000 and City Council authorization is required prior to payment being made; and

WHEREAS, funds for this authorization have been previously budgeted.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the total authorized expenditures for the 2006/2007 legal services agreement with McDonough, Holland and Allen is increased by $15,000, to a total not to exceed amount of $165,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a meeting held on the 11th day of September 2007 by the following vote:

 

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