SR-06-25-2013-3L - 102-001-05 / 600-002FM
Ya City Council Report
Santa Monied
City Council Meeting: June 25, 2013
Agenda Item: ' I—
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: First Modification for Contract with Liebert Cassidy and Whitmore, a Law
Corporation, for Labor and Employment Legal Services.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a first modification to Professional Services Agreement No. 9535 (CCS) in the
amount of $375,000 with Liebert Cassidy and Whitmore, a California based Law
Corporation ( "LCW "), for personnel - related legal services. This will result in a five year
amended agreement with a new total amount not to exceed $1,875,000 with funding
contingent on Council budget approval. The modification reflects an annual increase of
$75,000 in contract authority over the current year and four options to renew, in case
workload requires its use.
Executive Summary
The City currently contracts with LCW as 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 City has
four one -year options to renew the agreement. Because workloads in this area have
been larger than anticipated, staff recommends that Council approve additional funds of
$75,000 for LCW's services, for a total amount not to exceed $375,000 for this fiscal
year 2012 -2013, and modify the remaining renewal options to reflect annual amounts
not to exceed $375,000.
Background
The City's current contract with LCW to provide legal services was authorized by
Council on January 24, 2012, following a Request for Proposals ( "RFP ") that was issued
in November 2011. Council authorized negotiation and execution of an agreement with
LCW for a term of February 2012 through June 2013, with four one -year options to
renew. Professional Services Agreement No. 9535 (CCS) was executed on February 1,
2012, and terminates on June 30, 2013. It provides for services in an amount not to
exceed $300,000 annually.
Discussion
The City currently contracts with LCW as 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. Due to a large
volume of personnel actions in the City over the past year, the cost of LCW's services
has exceeded the $300,000 authorized for fiscal year 2012 -2013. In order to avoid
service interruptions in the future, staff is requesting that an additional $75,000, for a
total amount not to exceed $375,000 for fiscal year 2012 -2013, and in addition,
authorize compensation in an amount not to exceed $375,000 for fiscal year 2013 -2014
and for each renewal year. The increased amount for future years is due to several
current and possible future personnel matters that LCW is or will be handling on behalf
of the City.
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.
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The committee recommended 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. 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.
Financial Impacts and Budget Actions
The Agreement modification to be awarded to LCW is $375,000, for a total not to
exceed amount of $1,875,000. This represents an annual increase of $75,000 over the
initial $300,000 annual amount for fiscal year 2012 -2013 and each of the remaining four
renewal years. Funds in the amount of $75,000 are included in the FY 2012 -2013
budget, and in the FY 2013 -14 proposed budget within all Department budgets. The
City Attorney's Office will encumber funds as needed, and will charge the appropriate
departments when services are rendered. Budget authority in subsequent years will be
requested in each budget cycle for Council approval. Future funding is contingent upon
Council approval.
Prepared by: Diana Burger, Office Administrator, City Attorney's Office
Approved:
3
Forwarded to Council:
Rod Gould
City Manager
Reference:
Contract No. 9535 (CCS)