25B - AGMT CODE ENFORCEMENT SUPPORT

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Amend an Agreement with Jones & Mayer March 20, 2018 Page 2 that the City would soon thereafter conduct a Request for Proposals (RFP) to retain outside legal counsel for the receivership program. In September 2016, an RFP was released inviting law firms to submit proposals to provide legal services related to the receivership program. Because the City has utilized Federal Community Development Block Grant (CDBG) funds for the program, the RFP was conducted pursuant to Federal guidelines (2 CFR 200.320(d)). The City's RFP was published for one week in the Orange County Register and copies of the RFP were mailed to law firms in the Orange County area who specialize in code enforcement litigation. Four proposals were received in response to the City's RFP. The proposals were reviewed and evaluated by staff from Code Enforcement, Planning & Building, and the City Attorney's Office. The top ranked firm was Jones & Mayer. On May 18, 2017, based on staff recommendation, the City Council approved entering into a legal services agreements with Jones & Mayer for a three year term. Jones & Mayer agreed to a capped fee by which the City will pay for attorneys' fees and costs incurred up to $18,000 for each receivership case filed, not to exceed $30,000 for the Marijuana dispensary receivership actions. Once the billed services exceed the capped amounts, Jones & Mayer will seek payment directly from the appointed receiver. In the original Agreement (#A-2017-140) under Section 2.d., Compensation, the amount to be expended for the Legal services for Jones and Mayer was not to exceed $200,000. On September 5, 2017, Council approved additional funds not to exceed $90,000 to be provided for legal services on receivership projects including code enforcement and legal actions of marijuana dispensary receiverships. Therefore the initial agreement of $200,000 plus the $90,000 is a total amount of $290,000 funds approved by City Council for code enforcement related receivership matters is $290,000. Staff requests Council approval to amend the Jones & Mayer legal Services Agreement to reflect the actual funds of $290,000 appropriated previously for legal services to be provided by Jones and Mayer. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #3 (Promote a solution -based customer focus in all efforts to facilitate development and investment in the community); Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy E (Implement innovative code enforcement practices and strategies including the use of volunteers, enhanced technologies and increased collaboration with other City departments and outside agencies to address critical livability issues citywide [e.g. overcrowding, absentee landlords, landlord/tenant rights and responsibilities, etc.]). 25B-2