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City of City Council Report
Santa Monica
City Council Meeting: January 24, 2012
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Professional Services Agreement with Liebert Cassidy Whitmore, a Law
Corporation, for Labor and Employment Legal Services.
Recommended Action
Staff recommends that City Council authorize the City Manager to negotiate and
execute a contract with Liebert Cassidy Whitmore ( "LCW ") for personnel - related legal
services in an amount not to exceed $300,000, from February 2012 through June 2013,
with four one -year options to renew.
Executive Summary
The City uses the services of outside, specialized legal counsel for assistance with labor
and employment law with regard to employee disciplinary matters, training, Personnel
Board Hearings, litigation, and advice and counsel. The committee recommends LCW
located in Los Angeles, California, as the best qualified law firm. LCW specializes in
representing and advising public entities with regard to employee disciplinary matters,
workplace investigations, Personnel Board Hearings, litigation, labor law- related
training, and preparation of legal reports. Staff recommends that City Council approve a
contract with LCW for such services in a not to exceed amount of $300,000.
Discussion
LCW has provided legal services to the City for several years and Human Resources
formerly administered the contract. In FY 2008 -2009, the administration was turned over
the City Attorney's Office. The City Attorney's Office issued a Request for Proposals
(RFP)for the FY 2011 -2012 and 2012 -2013 period. The City currently has a temporary
contract with LCW for services through January 31, 2012 in order to continue needed
legal services. The new contract will begin on February 1, 2012 to avoid any lapse in
services.
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Consultant/Law Firm Selection
On October 4, 2011, the City issued a Request for Proposals (RFP) for labor and
employment services from outside law firms. The RFP was made available on the City's
online bidding system, PlanetBids. Several law firms specializing in practice areas for
government agencies were contacted and informed about the RFP. Seven law firms
submitted proposals by the deadline of October 31, 2011. The proposals were then
reviewed by a committee consisting of two attorneys from the City Attorney's Office, a
Human Resources representative, and a staff member from the City Attorney's Office.
Each proposal was ranked on specific criteria, including experience of attorneys in the
practice areas needed, past and present experience with similar clients, pricing, and
sending the required information. Interviews were conducted with the top three ranked
firms to evaluate qualifications and breadth and depth of experience of the proposed
law firms.
LCW's rates are competitive with other law firms and LCW has the best depth of
services and experience suited for the City's needs. The Human Resources Department
would continue to coordinate training workshops conducted by LCW and the City
Attorney's Office would continue to monitor the legal work. The contract recommended
includes legal advice and consultation; written legal opinions; drafting, preparing, and
reviewing legal documents; and attendance at hearings or other meetings, as needed.
E
Financial Impacts and Budget Actions
The contract amount to be awarded to LCW is not to exceed $300,000 for the period
between February 1, 2012 and June 30, 2013 (eighteen months). Funds are included in
the FY 2011 -2013 budget within all Department budgets. Budget authority in
subsequent years will be requested in each budget cycle for Council approval. Future
funding is contingent upon Council approval. The City Attorney's Office will encumber
funds as needed, and will charge the appropriate departments when services are
rendered.
Prepared by: Diana Burger, Office Administrator
Approved:
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Forwarded to Council:
Rod Gould \
City Manager
Reference Contract No.
9535 (CCS).