Administrative
Report
H.18., File # 22-4813 Meeting Date: 9/20/2022
To: MAYOR AND CITY COUNCIL
From: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES
TITLE
APPROVE AN AGREEMENT WITH LIEBERT CASSIDY WHITMORE TO PERFORM LABOR
NEGOTIATIONS AND MEET AND CONFER LEGAL CONSULTING SERVICES
EXECUTIVE SUMMARY
The City maintains a list of approved law firms and attorneys from which to select outside counsel when special expertise is required in various legal matters. Since 2013, the City has contracted with Liebert Cassidy Whitmore (LCW) to provide legal consulting services for labor negotiations and the meet and confer process in accordance with Government Code Section 3500, et seq. In 2017, the LCW hourly rate for a partner was $370. Recently, the firm requested a rate increase to $425 per hour for partners, with other increases for associated staff, as attached.
The City is getting ready to embark on labor negotiations for the Police Officers’ Association (POA) and Police Management Unit (PMU) Memorandums of Understanding (MOUs) that both expire in December 2022. Other miscellaneous bargaining units have contracts that expire in December 2023. LCW has an existing relationship and extensive knowledge of both the labor negotiations process and individuals associated with these functions in Redondo Beach and have demonstrated an ability to provide efficient invaluable staff support during previous negotiations.
BACKGROUND
LCW is one of the leading public sector employment law firms, serving California public agencies since 1980. The firm has provided labor negotiations consulting services for Redondo Beach since 2013, including serving as lead negotiator during the meet and confer process with each of the City’s bargaining units, as well as providing representation during impasse proceedings and throughout the fact-finding process in accordance with Government Code Section 3500. The firm has extensive familiarity with the City’s bargaining history and has provided essential support to City administrative staff during the labor-intensive bargaining process.
Recently staff received information that the hourly rates for partners at LCW is increasing from $370 per hour to $425 per hour. Rates for other staff, such as associates, are also increasing per the attached contract and rate sheet. Staff contacted other law firms providing similar services and were quoted partner hourly rates ranging up to $395 per hour. Despite not being the lowest cost provider, staff recommends continuing to use LCW due to their expertise and existing knowledge and relationships within Redondo Beach and their proven track record of efficiency.
As reference, from 2018 through 2019, LCW assisted with negotiating two separate POA
H.18., File # 22-4813 Meeting Date: 9/20/2022
As reference, from 2018 through 2019, LCW assisted with negotiating two separate POA agreements, and provided augmented HR staff support for a total of 113 billed hours, at a cost of approximately $41,800. The fiscal impact of the proposed rate increase would be an additional $6,215 for the same amount of time invested. Funding is available in the Human Resources Department budget to cover these planned services.
COORDINATION
The Human Resources Dept and the City Attorney’s Office coordinated the creation of this Agreement.
FISCAL IMPACT
Funds were appropriated in the FY 2022-23 Human Resources budget for the use of outside counsel during the scheduled/upcoming labor negotiations.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - Liebert Cassidy Whitmore