sr-060909-1e~®
c;~YO, City Council Report
Santa Monica
City Council Meeting: June 9, 2009
Agenda Item: l -"~
To: Mayor and City Council
From: Donna C. Peter, Director, Human Resources
Marsha Jones Moutrie, City Attorney
Subject: Modification to Atkinson, Andelson, Loya, Ruud &Romo and Liebert
Cassidy Whitmore Contract Agreements
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute an amendment to the lawyer-client retainer agreements with Atkinson,
Andelson, Loya,. Ruud &Romo (Atkinson) Law Firm for an increased amount not to
exceed $100.,000, and with Liebert Cassidy Whitmore (Liebert) for an increased amount
not to exceed $140,000, both for the remainder of fiscal year 2008-09.
Executive Summary
The City uses the services of outside legal counsel for assistance with labor and
employment law with regard to workplace investigations, Personnel Board Hearings and
litigation. The current lawyer-client retainer agreements with Atkinson and Liebert
terminate on June 30, 2009. Services rendered during fiscal year 2008-09 will result in
contract costs exceeding the $70,000 administrative threshold; therefore, modifications
to increase the maximum contract amounts are required. Staff recommends that City
Council approve an increase to Atkinson's contract of $30,000 resulting in a not-to-
exceed amount of $100,000 and an increase to Liebert's contract of $70,000 for a not to
exceed amount of $140,000,
Discussion
Atkinson and Liebert both provide labor and employment legal services with regard to
employee disciplinary matters, which includes workplace investigations, Personnel
Board Hearings, litigation, labor law related training, and preparation of legal reports.
The Human Resources Department coordinates training workshops by the firms, and
the City Attorney's Office monitors their legal work. Given the status of on-going legal
matters,. which Atkinson and Liebert are currently conducting for the City, the total
amount owed to Atkinson and to .Liebert is expected to exceed the $70,000
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administrative threshold for FY2008-09. Staff is recommending an increase in contracf
authority by $30,000 for Atkinson based on the services rendered and current invoices
received to date for a new total amount not to exceed $100,000. Based on the same
considerations, staff is requesting an increase of $70,000 for the Liebert Contract.
Financial Impacts & Budget Actions
Total expenditures for the agreement with Atkinson are not expected to exceed
$100,000 for the remainder of fiscal year 2008-09. Total expenditures for the contract
with Liebert are not expected to exceed $140,000. Actual costs will be charged to the
appropriate Department as services are rendered.
Prepared by: Grace Quitzon, Administrative Analyst -Human Resources
Approved:
Donna C. Peter
Director, Human Resources
roved:
G y'~t-l~
M rsha n s Moutrje
C' Attofn (.
to Council:
Lamont EN
City Manager
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Reference Contract Nos.
9071 (CCS) and 9072
(ccs).