City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01865 11/19/2024 Consent Item 11.
Amendment to Contract No. 2023-0155 for Legal Services for Gary Loesch v. City of Sacramento Litigation
File ID: 2024-01865
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute a supplemental contract with Liebert Cassidy Whitmore, for a new not-to-exceed amount of $545,000, for litigation assistance in the lawsuit Gary Loesch v. City of Sacramento, et al.
Contact: Andrea Velasquez, Supervising Deputy City Attorney, (916) 808-5346, Office of the City Attorney
Presenter: None
Attachments:
1-Description/Analysis
2-Supplemental Agreement 2023-0155-02
Description/Analysis
Issue Detail: Staff is seeking Council approval to supplement the current legal services agreement with Liebert Cassidy Whitmore, in an amount not to exceed $545,000, for expenses associated with the litigation entitled Gary Loesch v. City of Sacramento, et al. This amendment is necessary because the City’s defense in this employment litigation will require significant future legal services by Liebert Cassidy Whitmore.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Liebert Cassidy Whitmore has been selected as the most qualified firm to strongly represent and defend the City’s interest in this lawsuit.
It is recommended that the Council authorize the City Attorney amend the contract for legal services with Liebert Cassidy Whitmore, for a new amount not to exceed $545,000.
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation.
File ID: 2024-01865 11/19/2024 Consent Item 11.
Economic Impacts: Not applicable.
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 CEQA review. CEQA Guidelines section 15378 (b) (5).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Former Fire Chief Gary Loesch filed a lawsuit against the City alleging causes of action under the Firefighter Bill of Rights. Specifically, Loesch alleged punitive action by the City by docking his pay, and that the City deliberately exposed him to COVID-19 and terminated his employment because he prevailed in an administrative appeal relating to his employment. The City requires the assistance of outside counsel in defense of the lawsuit.
Financial Considerations: There will be no impact to the City’s General Fund. The City’s defense is being paid out of the Risk Fund.
Local Business Enterprise (LBE): Liebert Cassidy Whitmore is an LBE.
SUPPLEMENTAL AGREEMENT
(Rev. 9-17-12)
Project Title and Job Number: Legal Services Agreement Loesch, Gary v. City of Sacramento Date: 10/9/2024 Purchase Order #: n/a Supplemental Agreement No.: C2023-0155-02 The City of Sacramento ("City") and Liebert Cassidy Whitmore ___________________("Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number __C2023-0155-01____________, 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. The parties are increasing the not to exceed amount of the contract to reflect the amount of work necessary to bring the litigation to conclusion
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 $250,000.00 -to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: _ _ ____$95,000_ Net change by previous supplemental agreements: ___$200,000.00_ Not-to-exceed amount prior to this supplemental agreement: _____ $295,000_ Increase by this supplemental agreement: ________$250,000_ New not-to exceed amount including all supplemental agreements: ______$545,000.00_
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
_________________________________
City Manager