City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00998 5/13/2025 Item 3.
Supplement to Contract No. 2024-0177-01 with Liebert Cassidy Whitmore for Legal Services File ID: 2025-00998
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney, or designee, to execute and amendment to contract 2024-0177-01 with Liebert Cassidy Whitmore, increasing the not to exceed amount to $545,000 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 2024-0177-01
Description/Analysis
Issue Detail: Staff is seeking Council approval to execute a $250,000 supplement agreement to the current legal services agreement with Liebert Cassidy Whitmore, for a total amount not to exceed $545,000 for expenses associated with ongoing litigation (Burgess v. City of Sacramento). This increase is necessary to cover additional litigation expenses in a complex employment litigation matter in which the plaintiff alleges harassment and discrimination, as well as retaliation.
Policy Considerations: This supplemental contract funding is required to continue representation and defense of the City.
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).
File ID: 2025-00998 5/13/2025 Item 3.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: A lawsuit was filed that required the assistance of outside legal counsel. Through the discovery phase (which remains ongoing), the case has become increasingly complex. Approximately 12 new material witnesses have been identified, including witnesses with information about the liability portion of the case, the City’s affirmative defenses, and Plaintiff’s alleged damages. Plaintiff’s alleged damages also require the retention of medical experts. Trial is expected to last at least two weeks.
Financial Considerations: There will be no additional impact to the General 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 – Jonathan Burgess v. City of Sacramento Date: 3/13/2025 Purchase Order #: n/a Supplemental Agreement No.: 2024-0177-02 The City of Sacramento ("City") and Liebert Cassidy Whitmore ("Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number __C2024-0177 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, and the Agreement’s maximum not-to-exceed amount is amended as follows: Agreement's original not-to-exceed amount: __$95,000.00_ Net change by previous supplemental agreements: ______ $200,000.00_ Not-to-exceed amount prior to this supplemental agreement: ______$295,000.00_ Increase by this supplemental agreement: _$250,000.00_ 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. [Signatures on Following Page]
SUPPLEMENTAL AGREEMENT
(Rev. 9-17-12)
Approval Recommended By:City of SacramentoApproved As To Form By:City AttorneyApproved By:Jesse Maddox, Partner, Liebert Cassidy WhitmoreApproved By:City of SacramentoAttested To By:City ClerkApproved By:City Manager