8I
Date: February 25, 2025
To: Honorable Mayor and Members of the City Council
From: Patrick Q. Sullivan, City Attorney
By: Jessica Corona, Law Office Administrator | [email protected] Subject: City Attorney – Approve Fourth Amendment to Fee Agreement for Legal Services.
Expenditure: $35,000 (General Fund).
RECOMMENDATION
Recommendation of the City Attorney that City Council approve a fourth amendment to the fee agreement with law firm Liebert Cassidy Whitmore of Los Angeles (C2023-115) in the amount of $35,000, for a new not-to-exceed amount of $355,000, to provide the City with legal services pertaining to Civil Service Appeal Matter #A23-000790.
FUNDING
Funding is available in the Police Department’s fiscal year 2024-25 operating budget and is anticipated to be available in subsequent fiscal years.
DISCUSSION
The City Attorney hired the law firm of Liebert Cassidy Whitmore, an independent counsel with special expertise, to handle Civil Service Appeal Matter #A23-000790.
On July 1, 2023, the City entered into a fee agreement with the law firm of Liebert Cassidy Whitmore (C2023-115) in the amount of $75,000 to provide the City with consulting, representational and legal services pertaining to Civil Service Appeal Matter #A23-000790.
On October 1, 2023, the City entered into a First Amendment to increase the Fee Agreement by $125,000, to an amount not to exceed $200,000.
On January 1, 2024, the City entered into a Second Amendment to increase the Fee Agreement by $50,000, to an amount not to exceed $250,000.
On March 1, 2024, the City entered into a Third Amendment to increase the Fee Agreement by $70,000, to an amount not to exceed $320,000.
The City has been advised by counsel that additional funding is necessary for the completion of the Civil Service Appeal Process. Therefore, it is the recommendation of the City Attorney that City Council approve a fourth amendment to the fee agreement with law firm Liebert Cassidy Whitmore of Los Angeles (C2023-115) in the amount of $35,000, for a new not-to-exceed amount 1 City Council
February 25, 2025
of $355,000, to provide the City with legal services pertaining to Civil Service Appeal Matter #A23- 000790.
ATTACHMENT
1. Fourth Amendment to Fee Agreement C2023-115
2 ATTACHMENT 1
FOURTH AMENDMENT TO FEE AGREEMENT FOR
SPECIAL SERVICES (C2023-115)
This Fourth Amendment to Fee Agreement for special services is made and entered into as of September 1, 2024, by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and LIEBERT CASSIDY WHITMORE, a professional corporation (“Attorney”).
RECITALS:
A. CITY and ATTORNEY entered into a Fee Agreement for Special Services (the “Fee Agreement”) C2023-115 on July 1, 2023, to provide the City with consulting, representational and legal services pertaining to Civil Service Appeal Matter #A23-000790 in the amount of $75,000.
B. On October 1, 2023, CITY and ATTORNEY entered into a First Amendment to increase the Fee Agreement by $125,000.
C. On January 1, 2024, CITY and ATTORNEY entered into a Second Amendment to increase the Fee Agreement by $50,000.
D. On March 1, 2024, CITY and ATTORNEY entered into a Third Amendment to increase the Fee Agreement by $70,000.
E. The CITY is satisfied with the level of service provided by FIRM.
F. Both parties wish to amend the agreement for an additional $35,000 for a new not to exceed sum of $355,000.
AGREEMENT:
1. The first paragraph of Section 3 of the Fee Agreement entitled Fees, Costs, Expenses, is hereby amended to read in its entirety as follows:
“3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time, not to exceed $355,000, unless mutually agreed upon by the parties.”
2. In all other respects, the Fee Agreement is ratified and reaffirmed and remains in full force and effect.
CITY OF TORRANCE,
a municipal corporation
_______________________________
George K. Chen, Mayor
LIEBERT CASSIDY WHITMORE
a professional corporation
By:________________________________
J. Scott Tiedemann,
Managing Partner
3 ATTEST:
_______________________________
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By: ______________________
Tatia Y. Strader
Assistant City Attorney
4