City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2026-00639 3/17/2026
[Contract Amendment] No. 2024-0176 for Legal Services for Jason Hewitt v. City of Sacramento et al. Litigation
File ID: 2026-00639
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute a contract amendment with Angelo Kilday & Kilduff, LLP, for a not-to-exceed amount of $300,000, for litigation assistance in the lawsuit Jason Hewitt v. City of Sacramento, et al.
Contact: Brett Witter, Chief Assistant City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
Presenter: None
Attachments:
1-Description/Analysis
2-LSA: Hewitt, Jason v. City, Supplemental 2
Description/Analysis
Issue Detail: The City Attorney’s Office (CAO) is seeking Council approval to supplement the current legal services agreement with Angelo Kilday & Kilduff, LLP, in an amount not to exceed $300,000, for expenses associated with the employment litigation entitled Jason Hewitt v. City of Sacramento et al.
This amendment is necessary to account for trial expenses. Trial is set to begin on March 23, 2026, and is expected to last two to three weeks.
The CAO maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Angelo Kilday & Kilduff, LLP 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 amendment of the contract for legal services with Angelo Kilday & Kilduff, LLP, for a new amount not to exceed $300,000.
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation.
File ID: 2026-00639 3/17/2026
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 California Environmental Quality Act (CEQA) review. CEQA Guidelines section 15378 (b) (5).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable
Rationale for Recommendation: Plaintiff Jason Hewitt, a former SPD officer, has filed a lawsuit against the City for various Fair Employment and Housing Act claims, including race discrimination and harassment, disability discrimination and harassment, and retaliation. Trial is scheduled to begin March 23, 2026, and is expected to last two-three weeks. The City requires assistance of outside counsel in defense of the lawsuit.
Financial Considerations: There is no impact to the City’s General Fund. The City’s defense is funded from the Risk Fund.
Local Business Enterprise (LBE): Angelo Kilday & Kilduff is a LBE.
SUPPLEMENTAL AGREEMENT
(Rev. 9-17-12)
Project Title and Job Number: Legal Services Agreement – Jason Hewitt v. City of Sacramento Date: 2/17/2026Purchase Order #: n/a Supplemental Agreement No.: 2024-0176-01The City of Sacramento ("City") and _Angelo, Kilday & Kilduff, LLP_ (“Contractor"), as parties to that certain Legal Services Agreement designated as Agreement Number 2024-0176_ 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 bring the litigation io 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 increasedby $205,000.00, and the Agreement’s maximum not-to-exceed amount is amended as follows:Agreement's original not-to-exceed amount: __ _ _$_95,000.00_Net change by previous supplemental agreements: ____$______0,00_Not-to-exceed amount prior to this supplemental agreement: _____$_95,000.00_Increase by this supplemental agreement: _____$205,000.00_New not-to exceed amount including all supplemental agreements: _____$300,000.00_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:Serena Warner, PartnerAngelo, Kilday & Kilduff, LLPApproved By:Brett M. Witter, Assistant City Attorney, City of SacramentoApproved As To Form By:David Gibson, Senior Deputy City AttorneyAttested To By:City Clerk