SR - AGR-1042.T.1 - FIRST AMENDMENT LEGAL SERVICES PERSONNEL MATTERSOYF. AGENDA ITEM
February 11, 2014
Cb�,, CPy
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sibley
City Manager
FROM: Wayne W. WinthersV�
City Attorney
ReviewedNer'fied By
City Manager
Finance Dire r
To Be Presente y:
a ne W. Winthers
X Cons Calendar
V City Mgr Rpts
Council Reports
Legal Affairs
Boards /Cmtes
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Plan/Environ
1. SUBJECT
Amend Agreement with the law firm of Liebert Cassidy and Whitmore to provide legal services
relating to personnel matters.
2. SUMMARY
The City currently has an agreement with Liebert Cassidy and Whitmore ( "Liebert") for an
amount not to exceed $70,000.00 to provide legal services in connection with personnel legal
matters which has been expended. The proposed First Amendment will increase the not to
exceed amount by $40,000 from $70,000 to $110,000. The amended contract would be for
Liebert, to continue to provide the same services for personnel issues which may arise, including
but not limited to personnel investigations and arbitration hearings.
3. RECOMMENDED ACTION
Approve and authorize the Mayor and City Clerk to execute the Agreement with Liebert Cassidy
and Whitmore.
4. FISCAL IMPACT
Funds are available in the City Attorney budget in account number 100 - 0301 - 51611, personnel
legal services.
5. STRATEGIC PLAN GOAL(S)
1. Be a fiscally healthy community
Strategies:
b) Expend fiscal resources responsibly.
ITEM # 3M 1 2/11/14
6. GENERAL PLAN IMPLEMENTATION
Not Applicable.
7. DISCUSSION and BACKGROUND
The City has retained the law firm of Liebert, Cassidy, Whitmore to provide legal services with
respect to personnel matters.
The original not to exceed amount of $70,000 has been exceeded. While the City Attorney's
Office does handle most of the day to day personnel legal matters, the City does contract with
outside counsel when there is a need for a particular expertise or the workload requires it.
Liebert has been asked to handle termination of employment matters involving primarily safety
personnel. Liebert has represented the City in 3 recent matters, with one ongoing which have
involved some more complex legal issues and prolonged hearings. For this reason, additional
funds are needed to pay these ongoing legal costs.
8. ATTACHMENTS
• First Amendment to Attorney Services Agreement
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