HomeMy WebLinkAbout08. Authorize Mayor to Execute Amendment w-Liebert Cassidy WhitmoreiteM
.
APP P Y
CITY MANAGER
TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM- OFFICE OF
BY: i DIRECTOR OF
DATE:
AMENDMENT i SPECIAL SERVICES AGREEMENT WITH LIEBERT CASSIDY
WHITMORE
i r i
It is recommended that the City Council authorize the Mayor to execute the attached
amendment to the Special Services Agreement between the City and the law firm of
Liebert Cassidy Whitmore (LCW).
For the past several years, the law firm of LCW has provided special services to the City
on matters related to public sector employment, mainly in the area of personnel
investigation, management and supervisory training on a variety of employment law
topics, legal consultation, and representation on labor matters as needed for sworn
public safety. LCW is one of two public sector law firms used by the City and is
regarded for its expertise in labor matters as well as the Federal Labor Standards Act
(FLSA) and the Public Employees' Medical & Hospital Care Act (PEMHCA).
Current LCW hourly professional rates range from $190 to $325. Effective upon the
approval of the attached amendment, this range will increase to $195 to $350 per hour;
Specifically, the new hourly ranges are: $195-$230 for Labor Relations/Human
Resources Consultants, $200 to $285 for Associates, $305 for Senior Counsel, and
$350 for Partners. The paraprofessional and litigation support range will be $75 to
$160. The last rate increase from LCW was in 2014.
Late last year, staff surveyed the City's geographical market of public sector
employment law firms. The proposed rates for LCW are found to be reasonable and
well within current industry standards. Staff has conferred with the City Attorney on this
matter and recommends approval of the attached Agreement with LCW.
This rate increase requires an amendment to the Special Services Agreement between
the City and LCW. The LCW agreement can be canceled by either party at any time.
The Human Resources Division budget has a line item appropriated in Fiscal Year
2017-18 budget to cover the cost of these services.
AMENDMENT TO SPECIAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE
JANUARY 23,2018
PAGE 2
ATTACHMENT
Attachment A
0
Attachment A
6111:1461 F-11 W14 :0 14q*:V_11
THIS AMENDMENT No. 2 ("Amendment No. 2") is entered into this 23`d day of
January, 2018, by and between the CITY OF DOWNEY, a California municipal
corporation and charter city ("City")with its principal place of business at 11111
Brookshire Avenue,, Downey, CA 90241 and LIEBERT CASSIDY WHITMORE, a
California Corporation ("Consultant") with its principal place of business at 6033 West
Century Boulevard, Suite 500, Los Angeles, CA 90045. City and Consultant are
sometimes individually referred to as the "Party" and collectively as the "Parties".
WHEREAS, City and Consultant entered into a Professional Services Agreement
("Agreement") on March 27, 2012, for legal services as more specifically described in
the Agreement;
WHEREAS, the Parties entered into Amendment No. 1 of the Agreement on July
8, 2014; and
WHEREAS, the parties desire to make certain amendments to the Agreement as
set forth in this Amendment No. 2; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the
Agreement as it is amended herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions herein contained, the Parties agree as follows:
Section 1. AMENDMENTS.
A. City and Consultant hereby amend the second and third paragraphs in
Section 3 of the Agreement to read as follows:
"The current range of hourly rates for attorney time is from One Hundred Ninety
Five to Three Hundred Fifty Dollars ($195.00 - $350.00), and from Seventy -Five to One
Hundred Sixty Dollars ($75.00 - $160.00) for time of paraprofessional and litigation
support staff. Attorney reviews its hourly rates on an annual basis and, if appropriate,
adjusts rates. Attorney will provide the City with written notification of any adjustment in
the range of rates.
These rates reflect Attorney's standard rates effective September 1, 2017.
Attorney will apply these rates on new matters originating after January 23, 2018. All
matters originating prior to the effective date of this Agreement will be billed at
Attorney's 2014 rates until completion.
B. City and Consultant hereby amend the Agreement by replacing Exhibit 1
("Public Agency Fee Schedule") with a new "Exhibit A" which is attached hereto as
Attachment 1 and incorporated by reference herein.
Section 2. The rights, obligations and fees of the Parties under the Agreement
shall not otherwise be amended, altered or revised except as expressly provided for
herein and all other terms of the Agreement shall remain in full force and effect.
Section 3. This Amendment may be executed in counterparts, each of which
shall be deemed an original, but all of which, together, shall constitute one and the
same instrument.
TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly
authorized representatives to execute this Amendment to the Agreement on the dates
set forth below. ,
. �.
wmlnwrj-.
Name: Sean Ashton Na
Title: Mayor Title:
Date: Date
u"W*16111
By
Maria Alicia Duarte, City Clerk, CMC
APPROVED ATTR;�_
By:
e to M. Abich Garcia, City Attorney
oft Tiedemann
trdihd Pat.rier
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LIEBERT CASSIDY WHIIHORE
FEE SMED ULE
0.'Ff'ECT1V1-.'SEPTEMftEff 1, 2017 FOR ALL NEW MA 77ERS)
HOURLY RATES
Partners $350M
Senior Counsel $305.00
Associates $200,00 - $285.00
Labor Mations/Hru-nan Resources Consultant $195.00 - MOM
Paraprofessionals & Litigation Support $75,00 - $160,00