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HomeMy WebLinkAboutItem 2e - Agreement for Special Services for Personnel Related Legal Services DATE: June 20, 2017 TO: Honorable Mayor and City Council FROM: Hue C. Quach, Administrative Services Director Prepared by: Jeannette Chavez, Human Resources Administrator SUBJECT: AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT CASSIDY WHITMORE FOR PERSONNEL RELATED LEGAL SERVICES IN AN AMOUNT NOT TO EXCEED $85,000 Recommendation: Approve SUMMARY For many years, the City has had an agreement with the law firm of Liebert Cassidy Whitmore (“LCW”) for personnel legal services. Based on the expertise and services provided, it is recommended that the City Council approve, and authorize and direct the City Manager to execute an Agreement for Special Services with LCW for personnel related legal services in an amount not to exceed $85,000 for Fiscal Year 2017-18. DISCUSSION Since 1981, the City has had an agreement with LCW for personnel related legal services. These services include advice on labor relations issues, defending the City in grievance and disciplinary appeal hearings, and litigation defense. The expertise and services LCW has provided to the City has been of great assistance. Particularly, as it pertains to the depth of their legal experience with public employers and their ability to provide practical applications to the multitude and complexity of laws in employment matters. Their service to the City has proven extremely valuable over the years and gives reason to recommend the execution of a new services agreement for FY 2017-18. A copy of the proposed Agreement is attached. The hourly rates for FY 2016-17 range between $200 - $350/hr. for Attorneys, $195 - $230/hr. for Labor Relations/HR Consultant, and $75 - $160/hr. for paraprofessional and litigation support staff. The hourly rates for FY 2017-18 will remain the same during the term of the new agreement. Agreement for Special Services with Liebert Cassidy Whitmore June 20, 2017 Page 2 of 2 FISCAL IMPACT Adequate funding has been allocated in the FY 2017-18 Budget for the Agreement with Liebert Cassidy Whitmore. It should be noted that the City now contracts with three firms which specialize in personnel affairs. The City will only get charged for the hours actually used under this Agreement; there is no retainer cost associated with the Agreement. The limit proposed is based on historical usage and may be much higher than what is needed. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute an Agreement for Special Services with Liebert Cassidy Whitmore for Personnel Related Legal Services in an amount not to exceed $85,000. Attachment: Proposed Agreement for Special Services AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of Arcadia, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "Attorney." WHEREAS Agency has the need to secure expert training and consulting services to assist Agency in its workforce management and employee relations; and WHEREAS Agency has determined that no less than twenty-three (26) public agencies in the San Gabriel Valley area have the same need and have agreed to enter into identical agreements with Attorney; and WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the Agency and is willing to perform such services; NOW, THEREFORE, Agency and Attorney agree as follows: Attorney's Services: During the year beginning July 1, 2017, Attorney will provide the following services to Agency (and the other aforesaid public agencies): 1. Five (5) days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, performance evaluation (administering evaluations), grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments in personnel administration and employment relations, etc., with the specific subjects covered and lengths of individual workshop presentations to be determined by Agency and the other said local agencies. It is expressly understood that the material used during these presentations, including written handouts and projected power points are provided solely for the contracted workshops. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the expressed written permission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions. 2. Availability of Attorney for Agency to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters. The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney’s hourly rate. (See additional services section.) 3. Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to Agency for a fee of Two Thousand Nine Hundred Dollars ($2,900.00) payable in one payment prior to August 1, 2017. The fee, if paid after August 1, 2017 will be $3,000.00. Said fee will cover Attorney's time in providing said training and consultative services and the development and printing of written materials provided to attendees at the training programs. Additional Services: Attorney shall, as and when requested by Agency, make itself available to Agency to provide representational, litigation, and other employment relations services. The Agency will be billed for the actual time such representation services are rendered, including reasonable travel time, plus any necessary costs and expenses authorized by the Agency. The range of hourly rates for Attorney time is from Two Hundred to Three Hundred Fifty Dollars ($200.00 - $350.00) per hour for attorney staff, One Hundred Ninety-Five Dollars to Two Hundred Thirty Dollars ($195.00 - $230.00) per hour for Labor Relations/HR Consultant and from Seventy-Five to One Hundred Sixty Dollars ($75.00 - $160.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one-tenth of an hour. Attorney reviews its hourly rates on an annual basis and if appropriate, adjusts them effective July 1. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Term: The term of this Agreement is twelve (12) months commencing July 1, 2017. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than twenty-six (26) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2017. Dated:_______________ LIEBERT CASSIDY WHITMORE A Professional Corporation By ______________________________________ Dated:_______________ CITY OF ARCADIA A Municipal Corporation By_______________________________________ APPROVED AS TO FORM: _____________________________ Stephen P. Deitsc City Attorney City of Arcadia ATTEST: _____________________________ City Clerk ----------------------------------------------