City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01541 9/10/2024 Consent Item 5.
Supplement to Contract No. 2022-0820 with Liebert Cassidy Whitmore for Legal Services File ID: 2024-01541
Location: Citywide
Recommendation: Pass a Motion amending contract 2022-0820 by $44,000 and authorizing the City Attorney to execute a supplemental contract with Liebert Cassidy Whitmore in an amount not-to- exceed $144,000 for litigation assistance.
Contact: Brett Witter, Assistant City Attorney, (916) 808-5346 [email protected], Office of the City Attorney
Presenter: None.
Attachments:
1-Description/Analysis
2-Supplement to Contract 2022-0820-01
Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $44,000 supplement to the current legal services agreement with Liebert Cassidy Whitmore, for a total amount not to exceed $144,000 for expenses associated with two disciplinary appeals. This increase is necessary to cover the final costs of the appeals.
Policy Considerations: This supplemental contract funding is required to continue representation and defense of the City for two disciplinary appeals.
Economic Impacts: None.
Environmental Considerations: Contracting for outside legal services is an administrative activity that will not result in direct or indirect physical changes in the environment and is not a project subject to California Environmental Quality Act (CEQA) review. CEQA Guidelines section 15378 (b)(5).
Sustainability: Not applicable.
File ID: 2024-01541 9/10/2024 Consent Item 5.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Two disciplinary appeals were filed that require the assistance of outside legal counsel.
Financial Considerations: There will be no additional impact to the General Fund. There is sufficient funding available in project 433061-12000-1001-12001011.
Local Business Enterprise (LBE): Liebert Cassidy Whitmore is an LBE.
SUPPLEMENTAL AGREEMENT
(Rev. 9-17-12)
Project Title and Job Number: Disciplinary Appeals of E.M. and J.K. Date: 11-1-2023 Purchase Order #: Supplemental Agreement No.: 1 The City of Sacramento ("City") and Liebert Cassidy Whitmore ___________________("Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number __2022-0820____________, including any and all prior supplemental agreements modifying the agreement (the agreement and supplemental agreements are hereafter collectively referred to as the "Agreement"), hereby supplement and modify the Agreement as follows: 1. The scope of Services specified in Exhibit A of the Agreement is amended as follows: The scope of work has not changed. However, an increase is needed in order to cover final costs of the appeals. 2. The term of this agreement is amended as follows: There is no change in the term of the agreement. 3. In consideration of the additional and/or revised services described in section 1 and 2, above, the maximum not-to-exceed amount that is specified in Exhibit B of the Agreement for payment of Contractor's fees and expenses, is increased by $44,000, -to-exceed amount is amended as follows: Agreement's original not-to-exceed amount: __ ____$100,000.00_ Net change by previous supplemental agreements: ___$0.00_ Not-to-exceed amount prior to this supplemental agreement: ________$100,000.00_ Increase by this supplemental agreement: _ _ ___$44,000.00_ New not-to exceed amount including all supplemental agreements: ____ ___$144,000.00_ 4. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Contractor. 5. Contractor warrants and represents that the person or persons executing this supplemental agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental agreement and bind Contractor to the terms hereof. 6. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by this supplemental agreement. Approval Recommended By: Approved As To Form By: City of Sacramento City Attorney Approved By: Jesse Maddox, Liebert Cassidy Whitmore Attested To By: Approved By: City of Sacramento City Clerk