June 28, 2022
City Attorney's Office
DATE: June 28, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Sharrone Taylor, Acting Director of Human Resources
Jaclyn Gross, Deputy City Attorney
Subject:
Approval of Fourth Amendment to Liebert Cassidy
Whitmore Legal Services Agreement
FINANCIAL IMPACT: The total expenditure for the legal services amendment is not to exceed $50,000, for a total contract payment limit not to exceed $925,000. $50,000 is proposed for the FY
2022-2023 budget (Human Resources Legal Services
General Fund 01181016-400206).
PREVIOUS COUNCIL
ACTION:
City Council approved the First, Second, and Third
Amendments on June 18, 2019, June 30, 2020, and
December 15, 2020, respectively. The original agreement was approved October 1, 2018.
STATEMENT OF THE
ISSUE:
City Council approval is required to extend the terms and contract limit for the Liebert Cassidy Whitmore legal
services agreement.
RECOMMENDED ACTION: APPROVE the Fourth Amendment to the legal services agreement with Liebert Cassidy Whitmore for the
continuation of labor negotiations and other legal
services, in the amount of $50,000, for a new total
contract amount not to exceed $1,085,000, and
extending the term six months through December 31,
2022 – City Attorney’s Office (Jaclyn Gross 510-620-
6709).
AGENDA
REPORT
June 28, 2022
DISCUSSION:
The City entered into an initial legal services agreement with Liebert Cassidy Whitmore in the amount of $10,000 to provide government-mandated training seminars for a contract term of October 1, 2018, to December 31, 2019. On June 18, 2019, the agreement was amended to (1) add funds ($50,000) for a total contract payment limit of $60,000, (2) extend the term of the agreement through June 30, 2020, and (3) change the service agreement to include legal advice and labor negotiation services. City Council approved a Second Amendment on June 30, 2020, adding more funds ($115,000), bringing the contract payment limit to $175,000, and extending the term through June 30, 2022. City Council approved a Third Amendment on December 15, 2020, to add $700,000, for a total contract payment limit of $875,000. This Fourth Amendment extends the term through December 31, 2022, and increases the contract amount by $50,000, for a total contract payment limit of $925,000.
The existing legal services agreement with Liebert Cassidy Whitmore must be amended to extend the term and add funds to the contract as the current Legal Services Agreement expires on June 30, 2022. Liebert Cassidy Whitmore is on the City Attorney’s Office’s approved Request for Qualifications (RFQ) 2018 and 2021 lists. In addition, the firm has the experience and expertise necessary to continue providing legal support in labor negotiations and general labor and employment legal advice.
Given the turnover in the negotiating team and the firm's history with the City, its experience and expertise are necessary to provide continuing representation for the City of Richmond during the current labor negotiations. Moreover, the firm provides legal advice to the Fire and Police Departments and training for the City's Management Leadership Academy. The Fourth Amendment to the contract will allow Liebert Cassidy Whitmore to continue providing these services.
In keeping with improving transparency for legal services, management of this agreement will move to the City Attorney’s Office with secondary management provided by the Human Resources Department.
Liebert Cassidy Whitmore is a law firm with several offices throughout California that exclusively provides legal services to public sector agencies. In addition, Liebert Cassidy Whitmore has a consortium that offers management training at a reduced cost to the City. The services provided by Liebert Cassidy Whitmore have been highly beneficial to the City and performed very satisfactorily. Further, continuing the working relationship with Liebert Cassidy Whitmore will help stabilize the labor negotiations process.
DOCUMENTS ATTACHED:
Attachment 1 – Liebert Cassidy Whitmore Legal Services Agreement (“LSA”) Attachment 2 – Liebert Cassidy Whitmore First LSA Amendment Attachment 3 – Liebert Cassidy Whitmore Second LSA Amendment Attachment 4 – Liebert Cassidy Whitmore Third LSA Amendment Attachment 5 – Liebert Cassidy Whitmore Fourth LSA Amendment