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Approve Second Amendment with Burke, Williams & Sorensen to Amend the Term and <br />Compensation to not exceed $950,000 <br />December 7, 2021 <br />Page 2 <br />2 <br />3 <br />0 <br />6 <br />pool of several firms based on its deep resources, expertise, and understanding of the <br />pertinent legal and factual issues. BWS has more than 100 attorneys and 10 offices in <br />California. The firm specializes in municipal law with a particular emphasis on litigation <br />and abatement of public nuisances. The City Attorney’s Office retained BWS based on <br />the experience and skill of its counsel. <br />Due to the complex, time-intensive, and rapidly evolving nature of the aforementioned <br />litigation and the upcoming trial date of January 24, 2022, the second amendment <br />amends the term from March 3, 2022 to June 30, 2023 and increases the compensation <br />for a total of $950,000 (Exhibit 1). This amendment provides a realistic budget for outside <br />counsel to vigorously prosecute the City’s action at trial, retain the necessary experts, <br />and take all steps necessary to protect the health and safety of the City’s residents. The <br />term extension encompasses the possibility of a trial continuance. <br /> <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />FISCAL IMPACT <br />Specialized legal services during the term for this Agreement will be paid out of the <br />General Non-Departmental fund contractual services (Account No. 01105015-62300). <br />Future budget adjustments may be necessary to provide for future year costs (FY 22- <br />23). <br />Fiscal Year Accounting Unit- <br />Account # <br />Accounting Unit, Account <br />Description <br />Amount <br />FY 19-20 01105015-62300 Contractual Services-Professional $120,000 <br />FY 20-21 01105015-62300 Contractual Services-Professional $280,000 <br />FY 21-22 01105015-62300 Contractual Services-Professional $525,000 <br />FY 22-23 01105015-62300 Contractual Services-Professional $25,000 <br /> <br />EXHIBIT(S) <br />1. Second Amendment for Legal Services Agreement for Burke, Williams & Sorensen <br />Submitted By: Sonia Carvalho, City Attorney <br />Approved By: Kristine Ridge, City Manager