HomeMy WebLinkAbout13. Approve Amendment w-Liebert Cassidy Whitmore - Special Legal ServicesIm 01
TO: HONORABLE MAYOR AND MEMBERS OF THE CITYI ITY MANAGER
FROM: OFFICE OF THE CITY MANAGER a'
Y: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCE
DATE: NOVEMBER 12, 2019
SUBJECT: AMENDMENT TO THE SPECIAL SERVICES AGREEMENT WITH LIEERT
CASSIDY WHITMORE
It is recommended - City Council• - the Mayorto execute the attached
amendment to the Special Services Agreement between the City and the law firm of
Liebert CassidyWhitmore
For - past severalyears,- law firm of provided •- - - to the City
Federalon 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. 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 .•• •'. • and the Public Employees'
Medical & Hospital Care Act (PEMHCA).
Current LCW hourly professional rates range from $190 to $350. Effective upon the
approval of the attached amendment, this range will increase to $195 to $370 per hour.
Specifically, the new hourly ranges are: $195 to $240 for Labor Relations/Human
Resources Consultants, $210 to $300 for Associates, $320 for Senior Counsel, and
$370 for Partners. The paraprofessional and litigation support range will be $130 to
$170. The last rate increase from LCW was in 2018.
The proposed rates for LCW are found to be reasonable and 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.
I Jr •
NOVEMBER e -
FISCAL IMPACT
Budget.iiu-fficient funding is included in the Fiscal Year 2019-20 Human Resources Department
ATTACHMENT
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0 1 1 • •
THIS AMENDMENT No. 3 ("Amendment No. 3") is entered into this 12th day of
November, 2019, 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 entered into Amendment No. 2 of the Agreement on
January 23, 2018; and
WHEREAS, the parties desire to make certain amendments to the Agreement as
set forth in this Amendment No. 3; 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 Seventy Five Dollars ($195.00 - $370.00), and from One Hundred Thirty
to One Hundred Seventy Dollars ($130.00 - $170.00) 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 July 1, 2019. Attorney will
apply these rates on new matters originating after October 8, 2019. All matters
originating prior to the effective date of this Agreement will be billed at Attorney's 2018
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.
City: City of Downey Consultant: Liebert Cassidy W itrnore
By: By:
Name: Rick Rodriguez e: May
Title: Mayor Title: Managing Partner
Date: Date: /D - �11' f 1_
By
Maria Alicia Duarte, City Clerk, CMC
EFFECTIVE 7/1/19 FOR ALL NEW MATTERS
HOURLY RATES
PARTNERS $370.00
SENIOR COUNSEL $320.00
ASSOCIATES 1 00 11 1/
LABORI i CONSULTANT 1 11