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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Agreement between City of Glendale and Liebert Cassidy Whitmore, A Professional Corporation for employee relations matters, negotiation services, and training as required by law.
1. Motion Authorizing City Manager to execute a Professional Services Agreement with Liebert Cassidy Whitmore, A Professional Corporation, for employee relations matters, required training and negotiation services. This agreement will span a one-year term and is not to exceed $150,000.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for June 25, 2024 calendar
EXECUTIVE SUMMARY
Liebert Cassidy Whitmore (LCW) is a full-service labor, employment, and education law firm specializing in public sector employment law. The services provided to the City of Glendale have traditionally included advice and consultation on employment and labor relations matters; assistance with labor negotiations, including serving as Chief Negotiator; representing the City in litigation both in court and before the Public Employment Relations Board (PERB); presentation of training and professional development programs on various public sector employment matters and a variety of other professional services. While this firm has successfully provided legal services to the City for over 30 years, staff respectfully seeks approval to extend this agreement by only twelve months to allow for a comprehensive request for proposal (RFP) process. 2{{section.number}}h
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RECOMMENDATION
That the City Council approve a motion authorizing the City Manager to execute a one- year Professional Services Agreement with the Law Firm of LCW to provide ongoing advice and representation to the Human Resources Department and other city departments on employment and labor relations matters.
BACKGROUND/ANALYSIS
LCW has provided successful employment and labor relations legal services to the City for over thirty years. In 2017, LCW was last selected to continue providing the above professional services following an extensive RFP process. Since then, the City has extended the contract with LCW, with the term of the most recent extension ending on June 30, 2024.
During the current fiscal year, the Human Resources Department utilized LCW to represent the City as Chief Negotiator in labor negotiations with the GPOA, GFFA, GMA, GMA Police, GMA Fire, GCEA and IBEW. Given their experience, an outside negotiator brought the unique perspective and insight to the collective bargaining process.
Additionally, as attorneys, LCW brought insight to impasse resolution and fact finding as well. Labor negotiators also offer expert guidance on current wages, benefits, and working conditions as they apply to the labor contracts being discussed. The Chief Negotiator championed the City’s interests while establishing rapport with the bargaining teams, thus maximizing negotiation effectiveness.
During the term of the proposed contract, the City plans to conduct an internal review of Federal Labor Standards Act (FLSA) compliance which requires specialized knowledge and expertise. Additionally, the City has been using LCW’s on-demand harassment training platform to provide workplace harassment training in compliance with AB1825 and SB1343. LCW is at the forefront of new legislation impacting the public sector, in particular Workplace Violence Prevention (SB533) and Cannabis Drug Testing (AB2188) both of which will require policy implementation and training during the next fiscal year.
LCW continues to provide competent and reliable legal counsel on complex matters relating to unlawful discrimination claims, FLSA, Family & Medical Leave Act (FMLA) matters, Americans with Disabilities Act (ADA) matters and Public Safety Officers Procedural Bill of Rights (POBR) matters. However, given the fact that the City has not released a comprehensive RFP for these legal services in several years, staff believes there is value in engaging in the RFP process over the next twelve-month cycle.
FISCAL IMPACT
The cost of the one-year agreement between City of Glendale and Liebert Cassidy Whitmore is not to exceed $150,000, which was included as a part of the proposed FY 2024-25 budget. No new appropriation is being requested at this time. 3{{section.number}}h
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Proposed FY 2024-25 Appropriation
Amount Account String Funding Source
$150,000 43110-1010-HRD-0010-P0000 General Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is not subject to CEQA review.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION .
Alternative 1: Do not authorize a one-year not to exceed $150,000 Professional Services Agreement with LCW which means human resources staff will not be able to begin its review of FLSA compliance as requested by the Civil Service Commission and finalizing language edits for collective bargaining agreements will remain incomplete for now risking further delay in fully concluding the collective bargaining process and promulgating the final MOU’s.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Paula Adams, Chief Human Resources Officer
Prepared by:
Paula Adams, Chief Human Resources Officer
Approved by:
Roubik R. Golanian, P.E., City Manager
ATTACHMENTS
1) Motion Authorizing executing a one-year Professional Services Agreement with LCW.