Title
Legal Services - Contract for Legal Services with Bergin, Frakes, Smalley & Oberholtzer, PLLC (Ordinance S-50697)
Description
Request to authorize the City Attorney, through the City Manager or his designee, to enter into an Agreement with Bergin, Frakes, Smalley & Oberholtzer, PLLC, to provide outside counsel services to assist the Aviation Department to implement aspects of the Airport's Land Reuse Strategy. Further request to continue using funds previously approved via Ordinances S-47701 and S-49864. Additionally request to authorize the City Controller to disburse all funds related to this item.
Report
Summary
In 1999, Phoenix Sky Harbor International Airport instituted a Voluntary Acquisition and Relocation Services program to acquire properties exposed to certain levels of aircraft noise. 782 property owners out of 1,100 eligible properties chose to sell their property to the City's Aviation Division during this voluntary program.
The Federal Aviation Administration (FAA) requires airports with this land to inventory them and develop a plan for their amenable reuse. Aviation staff developed the PHX Land Reuse Strategy, which was an opportunity for Aviation to engage the community in establishing a vision for the reuse of lands and defining a path for neighborhood improvement.
Legal services are needed to implement aspects of the Land Reuse Strategy, including rezoning. Bergin, Frakes, Smalley & Oberholtzer, PLLC, has the necessary expertise in redevelopment, planning, and zoning law.
Procurement Information
Legal services are exempt from the Procurement Code. This agreement is required to provide legal services critical to the City.
Contract Term
The term of the agreement is three years, with two one-year options to extend the term, which may be exercised at the discretion of the City Manager or designee.
Financial Impact
No additional funds are needed.
Concurrence/Previous Council Action
The City Council previously approved outside counsel legal services with various law firms and lawyers on an as-needed basis:
- Outside Counsel Legal Services (Ordinance S-47701) on June 16, 2021;
- Outside Counsel Legal Services (Ordinance S-49864) on June 14, 2023.
Department
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Law Department.