City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01606 10/7/2025
Approval of Legal Services Agreement for Litigation Services File ID: 2025-01606
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute Supplemental Agreement No. 1 to City Agreement No. 2025-0468 with Duggan McHugh, for a not-to- exceed amount of $295,000, for litigation assistance in the lawsuit Barbara McIntyre v. City of Sacramento, et al.
Contact: Brett M. Witter, Assistant City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
Presenter: None
Attachments:
1-Description/Analysis
2-LSA: McIntyre, Barbara v. City (File ID 2025-00926)
Description/Analysis
Issue Detail: The City Attorney’s Office is seeking Council approval to supplement the current legal services agreement with Duggan McHugh, in an amount not to exceed $295,000, for expenses associated with the litigation entitled Barbara McIntyre v. City of Sacramento et al. The City will be reimbursed for attorneys’ fees and expenses by co-defendant Universal Protection Service LP, dba Allied Universal, pursuant to the indemnity agreement in the non-professional services agreement between the City and Universal, contract no. PRC000953. Universal has accepted the City’s defense tender.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Duggan McHugh has been selected as the most qualified firm to 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 Duggan McHugh, for a new amount not to exceed $295,000.
File ID: 2025-01606 10/7/2025
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation. However, as noted, co-defendant Universal has accepted the City’s defense tender and will reimburse the City for litigation expenses.
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: Plaintiff Barabara McIntyre, a former City employee, has filed a lawsuit against the City and co-defendant Universal Protection Service LP for various FEHA claims.
The City requires assistance of outside counsel in defense of this lawsuit.
Financial Considerations: There will be no impact to the City’s General Fund. Co-defendant Universal has accepted the City’s defense tender.
Local Business Enterprise (LBE): Duggan McHugh is an LBE.
SUPPLEMENTAL AGREEMENT
(Rev. 9-17-12)
Project Title and Job Number: Legal Services Agreement – Barbara McIntyre v. City of Sacramento Date: 8/19/2025 Purchase Order #: n/a Supplemental Agreement No.: 2025-0468-01 The City of Sacramento ("City") and Duggan McHugh Law Corporation ("Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number __ C2025-0468 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. T
he scope of Services specified in Exhibit A of the Agreement is amended as follows:
T
he 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:
T
here is no change in the term of the agreement.
3. I
n 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 $200,000.00, and the Agreement’s maximum not-to-exceed amount is amended as follows:
Agr
eement's original not-to-exceed amount: __$95,000.00_
Net change by previous supplemental agreements: ______ $0.00_ Not-to-exceed amount prior to this supplemental agreement: ______$0.00_ Increase by this supplemental agreement: _$200,000.00_
New not-to-exceed amount including all supplemental agreements: _$295,000.00_
4. C
ontractor 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. C
ontractor 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. E
xcept 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 Sacramento
Approved As To Form By:
City Attorney
Approved By:
Jennifer Duggan, Partner, Duggan McHugh Law
Corporation
Approved By:
City of Sacramento
Attested To By:
City Clerk
Approved By:
City Manager
David Gibson (Aug 19, 2025 22:29:31 PDT)
Brett Witter (Aug 21, 2025 11:11:29 PDT)