HomeMy WebLinkAbout5.3 Amendments to Consulting Services Agreements for On-Call Services for the Building and Safety and Code Enforcement Divisions
STAFF REPORT
CITY COUNCIL
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Agenda Item 5.3
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Amendments to Consulting Services Agreements for On-Call Services for
the Building and Safety and Code Enforcement Divisions
Prepared by: Gregory A. Shreeve Sr., Chief Building Official
EXECUTIVE SUMMARY:
The City Council will consider approving a fourth amendment to the agreement with 4Leaf, Inc.
for on-call plan check and inspection services, and will consider a third amendment to the
agreement with Civica Law Group, APC for special legal counsel related to code enforcement
activities.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Fourth Amendment to the Consulting Services Agreement
Between the City of Dublin and 4Leaf, Inc.; adopt the Resolution Approving a Third
Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for
Special Counsel Legal Services; and approve the budget change.
FINANCIAL IMPACT:
Approval of the recommended action will result in the need for an additional $200,000 in the
current year for anticipated legal expenditures related to code enforcement, funded by the
General Fund Undesignated Reserve. Adequate funds for the remainder of the costs are
included in the Fiscal Year 2025-26 proposed budget.
DESCRIPTION:
Background
The Building & Safety Division of the Community Development Department utilizes consultants
on an on-call basis to assist Staff with specific areas of technical expertise and to assist with
overflow work. This includes plan check, inspections, and building code compliance activities.
Consultants are selected through open and competitive request for qualifications (RFQ)
processes.
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Agreement with 4Leaf, Inc.
On June 1, 2021, the City Council approved an agreement with 4Leaf, Inc. for services on an
as-needed basis (Resolution No. 58-21). In 2024, the City Council extended the term of this
agreement to June 30, 2026 (Resolution No. 48-24).
The agreement allows 4Leaf, Inc. to request an annual rate increase – such increases were
approved in 2022, 2023 and 2024. For the final year of the agreement, 4Leaf, Inc. has
requested rate increases as follows:
Table 1: 4Leaf Hourly Rates
Consultant Position
Current
Rates
Proposed
Rates
%
Change
Supervising Building Inspector $151 $156 3.3%
Building Inspector III $132 $136 3.0%
Building Inspector II $119 $123 3.4%
Building Inspector I $99 $102 3.0%
Building Inspector Trainee $76 $78 2.6%
Plan Review (on or off -site) $170 $180 5.9%
Permit Technician $86-$99 $89-$102 3.5%-3.0%
Certified Access Specialist Inspector
surcharge
$7 $7 0.0%
Overtime rate 150% 150% 0.0%
Expediting plan check rate 150% 150% 0.0%
Project Manager / Deputy Building Official $170 $180 5.9%
Staff proposes to amend the agreement with 4Leaf, Inc. to incorporate the increased rates,
and to increase the total not-to-exceed limit from $4,250,000 to $4,750,000 (an increase of
$500,000).
Agreement with Civica Law Group, APC
The City has a current contract with Civica Law Group, APC to provide special legal counsel,
representation, and assistance with Code Enforcement activities. The current not-to-exceed
limit for July 1, 2024 to June 30, 2026, is $400,000. Staff is proposing to increase the total
compensation to $800,000 to cover legal assistance with an increased level of code
enforcement activity.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
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ATTACHMENTS:
1) Resolution Approving a Fourth Amendment to the Consulting Services Agreement Between
the City of Dublin and 4Leaf, Inc.
2) Exhibit A to the Resolution – Fourth Amendment to Consulting Services Agreement
Between the City of Dublin and 4Leaf, Inc.
3) Agreement and First, Second and Third Amendments with 4Leaf, Inc.
4) Resolution Approving a Third Amendment to the Agreement Between Civica Law Group,
APC and the City of Dublin for Special Counsel Legal Services
5) Exhibit A to the Resolution – Third Amendment to Agreement Between Civica Law Group,
APC and the City of Dublin
6) Agreement and First and Second Amendments with Civica Law Group, APC
7) Budget Change Form
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Attachment 1
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND 4LEAF, INC.
WHEREAS, the City Council has approved Consulting Services Agreements with 4Leaf,
Inc., (Consultant) to provide certain services to the Building and Safety Division on an as -needed
basis; and
WHEREAS, said Consultant was selected through a Request for Qualifications process;
and
WHEREAS, Staff proposes to increase the total compensation pa id during the term of the
Agreement; and
WHEREAS, the Consultants submitted a request to increase the hourly compensation in
accordance with the terms of the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Fourth Amendment to the Consulting Services Agreement for On -Call
Contract Building and Safety Services with 4Leaf, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreements, attached hereto as Exhibit A, and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Page 1 of 4
FOURTH AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE
CITY OF DUBLIN AND 4LEAF, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and 4Leaf, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting
Services Agreement for On-Call Building and Safety Services, which agreement was last
amended on July 1,2024, services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, in 2021, Staff prepared and initiated a Request for Qualifications
(RFQ) for On-Call Building and Safety services; and
WHEREAS, the City Council has directed Staff to process development projects
expeditiously and to hire consultants when services are needed; and
WHEREAS, the existing AGREEMENT is set to expire on June 30, 2026 and
has a not to exceed sum of $4,250,000; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to increase the not to exceed amount to $4,750,000 and increase the reimbursable rates as
provided in Exhibit B to the AGREEMENT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended, effective July 1, 2025, as
follows:
1) The not to exceed compensation, set forth in section 2.0 of the agreement, shall be
increased to $4,750,000, following the reimbursement schedule set forth in Exhibit B.
2) Exhibit B shall be rescinded in its entirety and replaced with the attached revised
exhibit.
3) Except to the extent inconsistent with this Fourth Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the CONSULTANT pursuant to the
AGREEMENT, as may have been amended from time to time, shall include coverage
for the amended term, as described above.
5) The individuals executing this Fourth Amendment and the instruments referenced in it
on behalf of CONSULTANT each represent and warrant that they have the legal power,
right and actual authority to bind CONSULTANT to the terms and conditions of this
Amendment.
Attachment 2
Exhibit A to the Resolution
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Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be
executed as of July 1, 2025, of the City Manager’s signature below.
CITY OF DUBLIN 4LEAF, INC.
By: _____________________________ By: _____________________________
Colleen Tribby, City Manager Kevin J. Duggan, President
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
A. CITY shall pay CONSULTANT for services rendered in accordance with the hourly rates
stated in section B. CONSULTANT shall submit invoices, not more often than once per
month, based upon the work completed. At the sole discretion of the CITY, other
payment schedules may be considered. Invoices shall include an accounting of all hours
by classification and task. Invoices shall include the purchase order number, amount of
purchase order, amount of purchase order remaining, and total hours of augmentation
personnel assigned to the City covered by purchase order. The format documentation
included on the invoice shall be subject to approval by the City Manager and / or
designee.
B. HOURLY RATES:
The following rates include all reimbursable or indirect costs, including but not limited to
business cards, all required code books and references, a vehicle, mileage and mobile
field device (smart phone or laptop) compatible with the City’s permitting and plan
storage systems.
1) Supervising Building Inspection $156.00
(Includes oversight of Contract
Inspectors, monitoring of inspections
Demand and a knowledge / certification
in commercial / multi-family and single-
family building systems. May include
plan checking assignments)
2) Building Inspector III $136.00
(Includes knowledge / certification
in commercial / multi-family and
single-family building systems including
structural. Mechanical, plumbing and
electrical systems. May include plan
checking of non-structural plans.)
3) Building Inspector II $123.00
(Includes knowledge / certification
in residential building systems including
structural, mechanical. Plumbing, and
electrical systems. May included plan
checking of non-structural plans.)
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4) Building Inspector I $102.00
Exhibit A section 1a)
st of each year and if approved by the City Council would become
effective July 1st of that year.
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Attachment 3
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Attachment 4
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A THIRD AMENDMENT TO THE AGREEMENT BETWEEN CIVICA LAW
GROUP, APC AND THE CITY OF DUBLIN FOR SPECIAL COUNSEL LEGAL SERVICES
WHEREAS, the City of Dublin has an existing agreement with Civica Law Group for special
counsel legal services, representation and assistance related to code enforcement; and
WHEREAS, the City has a continued need for special counsel legal services; and
WHEREAS, the current contract has a not-to-exceed amount for the period of July 1, 2024
to June 30, 2026 of $400,000; and
WHEREAS, Staff proposes to amend the agreement to increase the not-to-exceed amount
to $800,000 for the term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Third Amendment to the Agreement Between Civica Law Group, APC and
the City of Dublin for Special Counsel Legal Services, attached he reto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendments to the agreements, attached hereto as Exhibit A, and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 5
THIRD AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC
AND THE CITY OF DUBLIN
FOR SPECIAL COUNSEL LEGAL SERVICES
1. PARTIES AND DATE.
This Third Amendment to the agreement for services (“Amendment”) by and
between the CITY OF DUBLIN (“City”), and CIVICA LAW GROUP, APC, a California
Professional Corporation engaged in the practice of law in the State of California (“Law
Firm”) is entered into as of July 1, 2025. Law Firm and the City are sometimes individually
referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual
promises set forth herein, the parties agree to the terms of this Agreement as set forth
herein.
2. RECITALS.
2.1 The City and Law Firm entered into an Agreement on March 1, 2023
(“Agreement”), whereby, Law Firm agreed to provide legal services to the City.
2.2 The City and Law Firm amended the Agreement on August 15, 2023, to
increase the contract limit.
2.3 The City and Law Firm amended the Agreement on May 21, 2024, to
increase the contract limit.
2.4 The City and Law Firm now desire to amend the Agreement to increase the
contract limit.
3. TERMS.
3.1 Contract Changes. The Agreement is amended as provided herein.
a. Section 3.3 is hereby amended in its entirety to read as follows: For
all legal services provided in this Agreement, the City will compensate Law Firm at the
blended rate of $309 per hour for attorney representation and $189 per hour for paralegals
and law clerks, which fees shall increase by up to five percent on January 1 of each year,
rounded up to the nearest dollar, to offset rising costs. The attorney’s fees to Law Firm
beginning July 1, 2024, through June 30, 2026, shall not exceed $800,000 without
approval of the City.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment,
all provisions of the Agreement and First Amendment shall remain unchanged and in full
force and effect. From and after the date of this Amendment, whenever the term
“Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this
Second Amendment to the Agreement. Said Agreement is and remains an effective, valid
and binding obligation.
Exhibit A to the Resolution
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Page 2 of 2
[Signatures on following page.]
CITY OF DUBLIN,
a Municipal Corporation
By: ____________________________
Colleen Tribby
City Manager
Approved as to form:
a Professional Corporation
By: ____________________________
John Bakker, Esq.
City Attorney
By: ____________________________
Matthew Silver, Esq.
Managing Partner
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AGREEMENT BETWEEN CIVICA LAW GROUP, APC
AND THE CITY OF DUBLIN
FOR SPECIAL COUNSEL LEGAL SERVICES
1.PARTIES AND DATE.
Attachment 8
This agreement ("Agreement") is entered into and made effective on March 1, 2023 by and
between the CITY OF DUBLIN ("City"), and CIVICA LAW GROUP, APC, a California
Professional Corporation engaged in the practice of law in the State of California ("Law Firm").
Law Firm and the City are sometimes individually referred to herein as "Party" and collectively
as "Parties." In consideration of the mutual promises set forth herein, the parties agree to the terms
of this Agreement as set forth herein.
2.RECITALS.
2.1 The City wishes to engage the services of Law Firm to provide special counsel legal
services as described in this Agreement. Law Firm wishes to provide all such services and has the
necessary expertise and competency to provide such services.
3.TERMS.
3.1 Scope of Services. Law Firm shall provide legal advice, representation and
assistance to the City on code enforcement matters as assigned to Law Firm. Law Firm shall report
on a regular basis to the City and City Attorney regarding matters assigned to Law Firm, and shall
handle matters subject to the input, oversight and direction of City staff and City Attorney.
3.2 Responsibilities of Attorneys and Client. Law Firm shall fully cooperate with the
City and will keep the City and its staff informed of the status and progress of all pending matters
and all legal matters of importance with which Law Firm is involved. Law Firm will manage and
control the delivery of all legal services described hereunder in a professional, competent, and
cost-effective manner. The City agrees to provide all information and documentation necessary
for the attorneys at Law Firm to perform their obligations under this Agreement.
3.3 Compensation. For all legal services provided in this Agreement, the City will pay
Law Firm at the blended rate of $285 per hour for attorney representation and $175 per hour for
paralegals and law clerks. Attorney's fees shall not exceed $44,999 without written approval of
the City. Fees shall increase by three percent annually on January I, to offset rising costs.
3.4 Cost Reimbursement. The City shall reimburse Law Firm for all out-of-pocket
expenses incurred by Law Firm in providing legal services under this Agreement, including
charges for printing and copying expenses at $.16 for black and white copies and $.60 for color
copies, postage, research, litigation costs, courier and messenger services, travel and automobile
mileage at the current IRS rate for travel on behalf of the City. No separate charge shall be made
by Law Firm for secretarial or word processing services.
3.5 Statements and Billing. Law Firm shall submit monthly invoices to the City
indicating attorney fees and costs incurred for the legal services provided under this Agreement.
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Page 1 of 2
SECOND AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC
AND THE CITY OF DUBLIN
FOR SPECIAL COUNSEL LEGAL SERVICES
1. PARTIES AND DATE.
This Second Amendment to the agreement for services (“Amendment”) by and between
the CITY OF DUBLIN (“City”), and CIVICA LAW GROUP, APC, a California Professional
Corporation engaged in the practice of law in the State of California (“Law Firm”) is entered into
as of May 21, 2024. Law Firm and the City are sometimes individually referred to herein as
Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the
parties agree to the terms of this Agreement as set forth herein.
2. RECITALS.
2.1 The City and Law Firm entered into an Agreement on March 1, 2023
Agreement”), whereby, Law Firm agreed to provide legal services to the City.
2.2 The City and Law Firm amended the Agreement on August 15, 2023 increase the
contract limit.
2.3 The City and Law Firm now desire to amend the Agreement to provide for a
contract limit for a two year contract period.
3. TERMS.
3.1 Contract Changes. The Agreement is amended as provided herein.
a. Section 3.3 is hereby amended in its entirety to read as follows: For all legal
services provided in this Agreement, the City will compensate Law Firm at the blended rate of
294 per hour for attorney representation and $180 per hour for paralegals and law clerks, which
fees shall increase by up to five percent on January 1 of each year, rounded up to the nearest dollar,
to offset rising costs. The attorney’s fees to Law Firm for fiscal year 2023-2024 shall be increased
by $20,000 to a total of $205,000, and beginning July 1, 2024 through June 30, 2026, shall not
exceed $400,000 without approval of the City.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of the Agreement and First Amendment shall remain unchanged and in full force and
effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the
Agreement, it shall mean the Agreement, as amended by this Second Amendment to the
Agreement. Said Agreement is and remains an effective, valid and binding obligation.
Signatures on following page.]
DocuSign Envelope ID: DB763568-660A-46D1-A505-043AD730BF18
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CITY OF DUBLIN,
a Municipal Corporation
By: ____________________________
Linda Smith
City Manager
Approved as to form:
REDWOOD PUBLIC LAW, LLP
a Professional Corporation
By: ____________________________
John Bakker, Esq.
City Attorney
CIVICA LAW GROUP, APC
By: ____________________________
Matthew Silver, Esq.
Managing Partner
DocuSign Envelope ID: DB763568-660A-46D1-A505-043AD730BF18
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Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves
Account Amount Account Amount
10018400.65101 $200,000
6/17/2025
Posted By:Date:
**********Finance Use Only**********
CITY OF DUBLIN
Due to higher than anticipated legal expenditures related to code enforcement, Staff is requesting an additional $200,000 that
will be funded through the unappropriated cashflow reserve.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2024-25
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
General Fund- Code Enforcement - Professional Services
City Council's Approval Required
Attachment 7
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