HomeMy WebLinkAbout25B - AGMT - LEGAL SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 18, 2009
TITLE:
AMENDMENT TO LEGAL SERVICES
AGREEMENT WITH LIEBERT CASSIDY WHITMORE
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' CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1St Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an amendment to contract with the law firm of Liebert Cassidy
Whitmore.
DISCUSSION
The City Attorney's Office provides legal services to the City, its
officials and employees, primarily through staff attorneys. However, it
is sometimes necessary to retain outside counsel for specialized fields
of practice and cases that have extraordinary staffing requirements. In
2005 the City first retained the firm to provide representation before
the Personnel Board. The hourly rate at that time was $240 per hour.
City Staff has requested that the firm be authorized to assist and advise
on a broader range of personnel and labor law matters. Additionally, the
firm's hourly billing rate has been raised to $270 per hour.
As with all other special counsel, the firm will continue to work under
the supervision of the City Attorney's Office.
FISCAL IMPACT
Funds are available in the Personnel Services Agency account no. 011-141-
6291.
25B-1
Amendment to Legal Services
Agreement with
Liebert Cassidy Whitmore
May 18, 2009
Page 2
APPROVED AS TO FUNDS AND ACCOUNTS:
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Francisco Gutierrez
Executive Director
Finance & Management Services Agency /~
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Kathie Gonzalez
Acting Executive Director
Personnel Services
25B-2
FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
This First Amendment to Agreement is made and entered into this day of May,
2009, by and between the City of Santa Ana, a charter city and municipal corporation
duly organized and existing under the Constitution and laws of the State of California
(the "City") and Liebert, Cassidy and Whitmore, a California Professional Corporation
("Consultant").
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A. On February 7, 2005, the City and Consultant entered into a contract to
provide legal services (the "Agreement").
B. The parties wish to amend both the scope of representation and compensation
for Consultant.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject
to the terms and conditions hereinfter set forth, the parties agree as follows:
Section 1. of the Agreement entitled "SCOPE OF SERVICES" is amended to
read as follows:
1. SCOPE OF SERVICES
Consultant shall provide expert legal serivices, as directed by the City
Attorney, in matters related to labor and personnel law, including litigation, if
required. The City Attorney shall approve in advance the names of all attorneys
who will be permitted to bill under this Agreement.
2. Section 2.a. of the Agreement entitled "COMPENSATION" is amended to read as
follows:
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept from City, as
payment for all services in regard to this Agreement, compensation at the
hourly rate of $270.00 per hour for approved attorneys. City agrees to
reimburse Consutant for the following reaonsable and necessary costs
and expenses incurred on behalf of City; photocopying charges at fifteen
cents ($. T 5) per page and facsimile charges at fifty cents ($0.50) per
page. No other costs may be separately billed unless approved in writing
in advance by the City Attorney.
25B-3
2. Except as herein amended, all terms and conditions of said Agreement, as
previously amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date first above written.
ATTEST:
PATRICIA E. HEALY
CITY OF SANTA ANA
DAVID N. REAM
City Manager
LIEBERT, CASSIDY & WHITMORE
Name:
Title:
Employer ID No.
25B-4
Clerk of the Council