AGENDA TITLE:
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Adopt a Resolution Authorizing the City Attorney to Enter into Amendment No. 2 to Attorney-Client Representation Agreement with Neumiller & Beardslee, APC for Legal Services Related to Prosecution of Lodi Municipal Code Violations ($250,000) (CA)
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MEETING DATE:
January 17, 2024
PREPARED BY:
Katie O. Lucchesi, City Attorney
recommendation
RECOMMENDED ACTION:
Adopt a Resolution authorizing the City Attorney’s Office to enter into Amendment No. 2 to the Attorney-Client Representation Agreement with Neumiller & Beardslee, APC (“Neumiller”) for extended services related to prosecution of Lodi Municipal Code violations in an amount not to exceed $250,000.
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BACKGROUND INFORMATION:
Following the former City Attorney’s resignation from the City, the City Attorney’s office had two attorney vacancies. Therefore, the City Attorney’s office engaged Neumiller for legal assistance with prosecution of Lodi Municipal Code violations and related court appearances.
Since June 2023, Neumiller attorney’s legal fees to appear in court and assist the City with criminal prosecution efforts have neared the maximum funds approved in the original Attorney-Client Representation Agreement and in Amendment No. 1. Unfortunately, the City Attorney’s office is still not fully staffed at this time, and further legal assistance with Lodi Municipal Code prosecutions remains necessary. To accommodate the continuing service needs, the proposed Resolution approving Amendment No. 2 to Attorney-Client Representation Agreement is attached as Attachment 2, would allocate $150,000 in additional funding for the legal services for a total contract amount not to exceed $250,000.
Therefore, staff recommends that the City Council approve the proposed resolution authorizing the City Attorney’s Office to enter into Amendment No. 2 to Attorney-Client Representation Agreement with Neumiller for legal services related to prosecution of Lodi Municipal Code violations until the City Attorney’s office is fully staffed.
STRATEGIC VISION:
7H. Public Safety: Address strategic safety problem areas in the community.
FISCAL IMPACT:
Neumiller charges a public agency rate of $300 per hour for its legal services and a direct pass through of its costs. We anticipate a total contract amount not to exceed $250,000 for the remaining 2023-2024 fiscal year.
FUNDING AVAILABLE:
10015000.72450
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Melissa Munoz
Accounting Manager
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Katie O. Lucchesi
City Attorney
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Andrew C. Keys
Interim City Manager