iTem iNjo.
TO* HONORABLE MAYOR AND MEMBERS OF THE CITY COUNcICITY MANAGER FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCE
XATE: AUGUST 23, 2022
SUBJECT: AMENDMENT TO THE SPECIAL SERVICES AGREEMENT WITH LIE
CASSIDY HIT ORE
RECOMMENDATION
It is recommended that the City Council authorize the Mayor to execute the attache"-#-' amendment to the Special Services Agreement between the City and the law firm of Liebert Cassidy Whitmore
The law firm of LCW currently provides special services to the City on matters related to public sector employment in the areas of personnel investigation, management and 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 for personnel matters and is regarded for its expertise in public safety 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 $210 to $380. Effective upon the approval of the attached amendment, this range will increase to $230 to $415 per hour.
Specifically, the new hourly ranges are: $260 for Labor Relations/Human Resources Consultants, $230 to $325 for Associates, $345 for Senior Counsel, and $415 for Partners. The paraprofessional and litigation support range will be $145 to $185. The last rate increase from LCW was in 2021. The proposed rates for LCW are found to be within current industry standards.
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AMENDMENT TO THE SPECIAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE AUGUST 23, 2022
PAGE 2
FISCAL IMPACT
Sufficient funding is included in the Fiscal Year 2022-23 Human Resources Department Budget.
ATTACHMENT
Attachment A: Liebert Cassidy Whitmore Amendment No. 5
I
AMENDMENT NO. 5 TO
SPECIAL SERVICES AGREEMENT
THIS AMENDMENT No. 5 ("Amendment No. 5") is entered into this 1st day of September, 2022, 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 entered into Amendment No. 3 of the Agreement on November 12, 2019; and
WHEREAS, the Parties entered into Amendment No. 4 of the Agreement on July 27, 2021; and
WHEREAS, the parties desire to make certain amendments to the Agreement as set forth in this Amendment No. 5; 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 and Labor Relations/ HR Consultant time is from Two Hundred Thirty to Four Hundred Fifteen Dollars ($230.00 - $415.00), and from One Hundred Forty -Five to One Hundred Eighty -Five Dollars ($145.00 - $185.00) for time of paraprofessional and litigation support staff. These rates shall remain in effect through December 31, 2024. After which Attorney may review its hourly rates 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, 2022.
Attorney will apply these rates on new matters originating after September 1, 2022. matters originating prior to the effective date of this Agreement will be billed at Attorney's 2021 rates until completion." I
B. City and Consultant hereby amend the Agreement by replacing Exhibi ("Public Agency Fee Schedule") with a new "Exhibit A" which is attached hereto Attachment 1 and incorporated by reference herein. I
Section 2. The rights, obligations and fees of the Parties under the Agreemenl 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 i�ame instrument.
TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly set forth below.
City: City of Downey
By:
Name: Blanca Pacheco
Title: Mayor
Date.,
r-1,% 9 1 =63
Maria Alicia Duarte, City Clerk, CIVIC
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Attachment 1
Exhibit A
LIEBERT CASSIDY WHITMORE
FEE SCHEDULE
EFFECTIVE 9/1/22 FOR ALL NEW MATTERS
Loffp.-4 17_�y
PARTNERS $415.00
SENIOR COUNSEL $345.00
ASSOCIATES $230.00 - $325.00
LABOR RELATIONS/HR CONSULTANT $260.00
LAW CLERKS $145.00 - $185.00
E-DISCOVER SPECIALIST $145.00
PARALEGALS $145.00