City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2026-00003 1/13/2026
Approval of Supplemental Legal Services Agreement (Contract No. 2024-0177) for Jonathan Burgess v. City of Sacramento Litigation
File ID: 2026-00003
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute Supplemental Contract No. 4 to City Contract No. 2024-0177 with Liebert Cassidy Whitmore in an amount not to exceed $500,000, for a new total not-to-exceed amount of $1,545,000.
Contact: David Gibson, Senior Deputy City Attorney, (916) 808-5346, [email protected], Office of the City Attorney Presenter: None
Attachments:
1-Description/Analysis
2-Supplemental 4 LSA _ LCW Burgess
Description/Analysis
Issue Detail: The City Attorney’s Office is seeking Council approval to supplement the current legal services agreement with Liebert Cassidy Whitmore, in an amount not to exceed $1,545,000, for final and full expenses associated with the litigation entitled Jonathan Burgess v. City of Sacramento. This amendment is necessary because the City’s defense in this employment litigation required significant legal services by Liebert Cassidy Whitmore. The case went to trial and obtained a defense verdict. 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 $1,545,000.00.
Policy Considerations: This funding is required to pay the full and final billing for representation and defense of the City in this litigation.
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
File ID: 2026-00003 1/13/2026
to CEQA review. CEQA Guidelines section 15378 (b) (5).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Current Fire Department Battalion Chief Jon Burgess filed a lawsuit against the City alleging causes of action under California’s Fair Employment and Housing Act for race discrimination, retaliation, and failure to prevent discrimination/retaliation. The City required the assistance of outside counsel in defense of the lawsuit. The case was tried in Sacramento County Superior Court, and the City obtained a defense verdict. The requested increase in funding will pay the final billings of outside counsel.
Financial Considerations: There will be no impact to the City’s General Fund (Fund 1001). The City’s defense is being paid out of the Risk Management Fund (Fund 6502).
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: 11/25/2025Purchase Order #: n/a Supplemental Agreement No.: 2024-0177-4The 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 due to the additional worknecessary to complete the litigation.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 increasedby $500,000.00, 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: $_____950,000.00_Not-to-exceed amount prior to this supplemental agreement: $__ _1,045,000.00_Increase by this supplemental agreement: $_____500,000.00_New not-to exceed amount including all supplemental agreements: $_ __1,545,000.00_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: Andrea Velasquez, Supervising City AttorneyApproved By:Jesse Maddox, PartnerLiebert Cassidy WhitmoreApproved By:Brett M. Witter, Assistant City Attorney, City of SacramentoApproved As To Form By:David Gibson, Senior Deputy City Attorney, City of SacramentoAttested To By:City Clerk