HomeMy WebLinkAboutItem 12i - Personnel Related Legal Services
DATE: July 16, 2019
TO: Honorable Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director
By: Cecilia Todd, Human Resources Analyst
SUBJECT: AGREEMENT FOR SPECIALIZED PERSONNEL RELATED LEGAL
SERVICES AND AN EMPLOYMENT RELATIONS CONSORTIUM
AGREEMENT FOR PERSONNEL RELATED TRAINING AND
CONSORTIUM SERVICES WITH LIEBERT CASSIDY WHITMORE IN AN
AMOUNT NOT TO EXCEED $85,000
Recommendation: Approve
SUMMARY
Liebert Cassidy Whitmore (“LCW") has been providing legal services to the City of
Arcadia (“City”) in connection with employment law for a number of years. 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 Personnel Related
Legal Services and an Employment Relations Consortium Agreement with LCW in an
amount not to exceed $85,000 for Fiscal Year 2019-20.
BACKGROUND
The City has had an agreement for personnel related legal services with the law firm of
Liebert Cassidy Whitmore for many years. Liebert Cassidy Whitmore provides a variety
of employer-employee relations legal services including advice on matters of labor
relations, defending the City in grievance and disciplinary appeal hearings, and litigation
defense.
The depth of expertise and services LCW has provided to the City has been of great
assistance. Particularly, the diversity of their legal experience with public employers,
and their ability to provide practical applications to a multitude of complex laws in
employment matters, has proven extremely helpful. Their service to the City has been
valuable over the years, and thus it is recommended that the City Council approve the
execution of new service agreements for FY 2019-20. Copies of the proposed
Agreements are attached.
Agreement for Personnel Related Legal Services
with Liebert Cassidy Whitmore
July 16, 2019
Page 2 of 3
DISCUSSION
The agreement for Personnel Legal Services provides for LCW Attorneys and HR
Consultants, to provide representation for the City in litigation, and other employment
relations services as requested. The City negotiated a rate stay for Fiscal Year 2017-18
and 2018-19 at hourly ranges between $210 - $350/hr. for Attorneys, $195 - $230/hr. for
Labor Relations/HR Consultant, and $80 - $170/hr. for paraprofessional and litigation
support staff. The hourly rates for FY 2019-20 range between $210 - $370/hr. for
Attorneys, $230/hr. for Labor Relations/HR Consultant, and $80 - $170/hr. for
paraprofessional and litigation support staff.
As part of the agreement for Personnel Legal Services, the contract grants the City
membership in the Employment Relations Consortium with LCW . The Consortium
offers critical workshops and training covering various employment relations subjects,
such as employment relations, management rights and obligations, employment
discrimination, and legislative developments in personnel administration. The fee for
this membership, is $3,945, which includes a subscription to the LCW library and
unlimited access to forms, policies and workbooks.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
Adequate funding has been allocated in the Fiscal Year 2019-20 Budget for the
Agreement with Liebert Cassidy Whitmore. It should be noted that the City will only get
charged for the hours actually used under the legal services agreement; there is not a
retainer cost associated with the agreement.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute an Agreement for Specialized Services for Specialized Personnel
Related Legal Services and an Employment Relations Consortium Agreement for
Personnel Related Training and Consortium Services with Liebert Cassidy Whitmore in
an amount not to exceed $85,000.
Agreement for Personnel Related Legal Services
with Liebert Cassidy Whitmore
July 16, 2019
Page 3 of 3
Attachments: Proposed Employment Relations Consortium Agreement
Proposed Agreement for Special Services
Attachment No. 1
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 sh al I, 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 Ten to Three Hundred Eighty Dollars
($210.00 -$380.00) per hour for attorney staft: Two Hundred Thi1ty Dollars ($230.00) per hour for Labor
Relations/HR Consultant and from One Hundred Thirty to One Hundred Seventy-Five Dollars ($130.00 -$175.00) per
hour for services provided by paraprofessional and litigation suppo1t staff. Attorneys, paraprofessional and I itigation
support staff bill their tirne 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, 2019. 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 pa1ties' 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 L 2019.
LIEBERT CASSIDY WHITMORE
A Professional Corporation
By: .l�
Tiedemann / Managing Partner Date: 8908714.1 ER020-0l5
CITY OF ARCADIA
A Municipal Corporation
Attachment No. 2