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SR-021208-1E~~~ Yo, City Council Report Santa Dioniea City Council Meeting: February 12, 2008 Agenda Item: 0 ,-. To: Mayor and City Council From: Karen Bancroft, Human Resources Director Marsha Jones Moutrie, City Attorney Subject: Legal Services Related to Labor and Employment Law Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an amendment to the professional services agreement (retainer) with Liebert Cassidy Whitmore Law Firm fora new not to exceed amount of $160,000 for fiscal year 2007-08. Executive Summary The City Attorney's Office, the Human Resources Department and City Departments use the services of outside legal counsel for assistance with labor and employment law with regard to employee disciplinary matters, which includes representing City departments in disciplinary appeal hearings before the Personnel Board. The firm also provides the City with specialized training regarding various employment law matters, such as "Preventing Workplace Harassment, Discrimination and Retaliation" and "Performance Management Evaluation and Discipline." The Human Resources Department has responsibility for coordinating with Liebert Cassidy Whitmore and the City Attorney's Office monitors their work on cases. Background City staff is currently preparing for a competitive bidding process to develop a list of qualified law firms that will be able to provide legal services with regard to employment law on an as-needed basis. Completion of a Request for Qualifications is expected to be completed in the summer of 2008. However, given the status of on-going legal matters, for which Liebert Cassidy Whitmore is currently representing the City of Santa Monica, the Human Resources Department is requesting an extension to use the services of Liebert Cassidy Whitmore on a short-term, month-to-month basis in order to ensure that there will be no disruption of legal representation and services; and training. 1 Discussion The City Attorney's Office and the Human Resources Department have utilized the services of Liebert Cassidy Whitmore for complex labor and employee legal matters. The professional services under consideration for City Council authorization at this time provide for continuation of Liebert Cassidy Whitmore legal services that will include legal advice and consultation; drafting and preparation of legal documents, and attendance at Personnel Board hearings or other meetings, as required. Liebert Cassidy Whitmore provides these specialized legal services, on an as-needed basis. The rates currently being charged by Liebert Cassidy Whitmore range from One Hundred Sixty Dollars to Two Hundred Ninety Dollars ($160.00 - $290.00) per hour for Attorney time and from One Hundred Dollars to One Hundred Thirty Dollars ($100.00 - $130.00) per hour for services provided by paraprofessional staff. Financial Impacts & Budget Actions Based on the services rendered and current invoices received to date, in addition to an over the average number of disciplinary appeal hearings for fiscal year 2007-08, the total amount owed to Liebert Cassidy Whitmore is expected to exceed the $70,000 administration threshold. Total expenditures for the extension of the professional services agreement are not expected to exceed $160,000 for the remainder of the fiscal year although specific expenditures will depend on employment issues that arise and employee training demands. Actual costs will be charged to the appropriate Department and Division account numbers as services are rendered. 2 Prepared by: Karen Bancroft, Human Resources Director Approved: L M rsha Jo s Moutrie Ci Attor Forwarded to Council: Reference Contract No. 8887 (CCS).