sr-062210-1eCity Council Meeting: June 22, 2010
Agenda Item: ~r~-
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Amendment to Contract for Legal Services with Liebert Cassidy Whitmore
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a Second Modification to Retainer Agreement Number 9084 with Liebert
Cassidy Whitmore ("Liebert") to increase the existing not to exceed amount to $255,000
to provide legal services regarding disciplinary matters for fiscal year 2009-2010.
Executive Summary
Liebert provides legal services with regard to Personnel Board Hearings and some
other employee disciplinary matters. This year, because the workload in this area has
been larger and more challenging than anticipated, it is necessary to increase the not to
exceed amount for the Liebert contract from $200,000 to $255,000.
Background
The City must utilize the services of outside legal counsel in administrative appeals of
disciplinary actions. In-house counsel advises the Personnel Board and, therefore, to
avoid a conflict, outside counsel must be utilized to present the City's case to the Board.
Additionally, the City relies upon the expertise of outside, specialized counsel in certain
unusually difficult personnel matters.
Discussion
However, the initial "not to exceed threshold" for these services was based on last
year's costs. This fiscal year, there was an unusual volume of complex personnel
litigation early in the year. Therefore, Liebert's bills for services reached the initial "not
to exceed" threshold half-way through the year. Accordingly, the "not to exceed"
amount was increased in January. However, the workload in this area remains higher
than anticipated. Therefore, staff is recommending raising the threshold so that the City
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may continue to utilize Liebert's services during the remainder of the fiscal year. Based
on assessment of the currently pending cases, staff believes that a revised threshold of
$255,000 will be adequate to meet demand during the remainder of the year.
Financial Impacts & Budget Actions
Total expenditures for the contract with Liebert are not expected to exceed $255,000.
Actual costs will be charged to the appropriate Department when services are rendered.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
i i
M rsha Jp s Moutri~
ty Atto ne
Forwarded to Council:
_. ~~~
Rod Gould
City Manager
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Reference Amendment to
Contract No. 9084 (CCS).