To: MAYOR AND CITY COUNCIL
From: JOY A. FORD, CITY ATTORNEY
TITLE
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APPROVE THE AGREEMENT FOR LEGAL AND CONSULTING SERVICES WITH LIEBERT CASSIDY WHITMORE
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EXECUTIVE SUMMARY
The City maintains a list of approved law firms and attorneys from which to select outside counsel when specialized expertise is needed or when the City Attorney’s Office has a conflict of interest.
This Agreement for Legal and Consulting Services will replace the prior Agreement for Special Services dated November 17, 2013, as amended, and update the firm’s current public agency fee schedule. The Agreement allows Liebert Cassidy Whitmore to provide legal services assigned by the City Attorney’s Office, as well as consulting services related to labor negotiations and certain Human Resources matters, including matters involving the California Public Employees’ Retirement System (CalPERS), on an as-needed basis.
BACKGROUND
The City entered into an Agreement for Special Services with Liebert Cassidy Whitmore on November 17, 2013, to provide consulting services related to the meet and confer process under Government Code section 3500, et seq., and related labor matters. The agreement has been amended since then to reflect updated hourly rates.
Liebert Cassidy Whitmore specializes in public agency labor and employment law and regularly advises public agencies on labor negotiations, employee discipline, and related employment matters. From time to time, the City requires outside counsel with this type of specialized expertise when there are potential conflicts of interest.
This Agreement replaces the 2013 agreement, updates the firm’s current public agency rates, and clarifies the services the firm may provide to the City. These services include legal services assigned by the City Attorney’s Office, consulting services related to the meet and confer process and impasse proceedings, and consulting services related to Human Resources functions and CalPERS matters.
The City also maintains a separate annual agreement with Liebert Cassidy Whitmore for training workshops and limited consultation services. This Agreement does not modify that arrangement.
COORDINATION
This Agreement was coordinated with the Human Resources Department and the City Attorney’s Office. The City Attorney’s Office approved the Agreement as to form.
FISCAL IMPACT
Funds are set aside in the City Attorney’s and the Human Resource Department’s budget for use of outside counsel. The approval of this Agreement will not increase the use of outside counsel, but will allow Liebert Cassidy Whitmore to continue representation of the City on an as-needed basis.
Submitted by:
Joy A. Ford, City Attorney
ATTACHMENTS
• Agreement for Legal and Consulting Services with Liebert Cassidy Whitmore
• Consulting Services with Liebert Cassidy Whitmore COI