HomeMy WebLinkAboutStaff Report 2309-19865.Authorization to Amend the Existing Contract for Litigation Defense Services with the Law
Firm of Liebert Cassidy Whitmore (Contract S20178997) to Increase the Not- to- Exceed
Amount to $110,000 and Extend the Term to December 31, 2023; CEQA – Not a Project
City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: October 2, 2023
Report #:2309-1986
TITLE
Authorization to Amend the Existing Contract for Litigation Defense Services with the Law Firm
of Liebert Cassidy Whitmore (Contract S20178997) to Increase the Not- to- Exceed Amount to
$110,000 and Extend the Term to December 31, 2023; CEQA – Not a Project
RECOMMENDATION
Staff recommends that the City Council authorize an increase to the not- to- exceed amount of
Contract S20178997 with Liebert Cassidy Whitmore, for litigation defense services, to $110,000
and an extension of the contract term to December 31, 2023.
BACKGROUND
Liebert Cassidy Whitmore is a law firm representing cities in personnel matters, including
grievances, arbitration and litigation.
In March 2020, the City entered into a three- year agreement (S20178997) in the amount of
$50,000 with Liebert Cassidy Whitmore for initial litigation defense services in civil suit Neff v.
City of Palo Alto, Santa Clara Co. Sup. Ct. Case No. 20-CV-362267. In January 2022, staff
amended the contract to add $35,000 to increase the not- to- exceed amount to $85,000. Staff
now seeks authority to increase the contract amount by $25,000 which will bring the new not-
to-exceed amount to $110,000, and to extend the term to December 31, 2023. Plaintiff has
filed to dismiss this suit. The additional funds and time will cover close out of this matter.
FISCAL/RESOURCE IMPACT
Funding for this amendment does not require additional budgetary authority as it can be
accommodated within the Office of the City Attorney’s budget for FY 2024. After this action
there will be $295,000 remaining for other potential litigation contract costs in FY 2024.
ENVIRONMENTAL REVIEW
Amendment of a legal services contract is not a project requiring environmental review under
the California Environmental Quality Act (CEQA) (See CEQA Guidelines
15378(b)(5), administrative activities that will not result in direct or indirect physical changes in
the environment).
APPROVED BY:
Molly Stump, City Attorney