03.11 Personnel Legal Services Amendment1. SUBJECT
Second Amendment to Attorney Services Agreement with the law firm of Liebert Cassidy
Whitmore to provide legal services relating to personnel matters.
2. SUMMARY
The City currently has an agreement and first amendment with Liebert Cassidy Whitmore
( "Liebert") to provide services in connection with personnel legal matters, for an amount not to
exceed $100,000, which has been entirely expended. The proposed Second Amendment will
increase the not -to- exceed amount by $55,000, to a total of $155,000.
3. RECOMMENDED ACTION
Approve the Second Amendment to the Attorney Services Agreement between the City of
Orange and Liebert Cassidy Whitmore in an amount not -to- exceed $155,000, and authorize the
Mayor and City Clerk to execute the amendment on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this 2nd Amendment to Attorney Services Agreement is $55,000 and
will be funded through the General Fund (100).
5. STRATEGIC PLAN GOAL(S)
1. Be a fiscally healthy community
Strategies:
b) Expend fiscal resources responsibly.
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. 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.
The City Attorney's office carefully review all invoices from outside counsel in an effort to keep
costs as low as possible. This current agreement and First Amendment have been in place for the
last three (3) years. The total not -to- exceed amount of $100,000, detailed in the agreement and
the first amendment, has now been expended. Additionally, the current rate structure has
increased since the original agreement in 2015 which is reflected on Exhibit `B ". For this reason,
this Second Amendment and additional funds are needed to pay these ongoing legal costs.
8. ATTACHMENTS
• Second Amendment to Attorney Services Agreement
• Exhibit B - redline
• Exhibit B - clean
ITEM # 2 8/14/18