June 20, 2023
City Attorney's Office
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Sharrone Taylor, Human Resources Director
Subject:
Amendments to the Legal Services Agreements with (1)
Allen, Glaessner, Hazelwood & Werth LLP, (2) Orbach
Huff & Henderson, LLP and (3) Liebert, Cassidy,
Whitmore
FINANCIAL IMPACT: The Allen, Glaessner Hazelwood & Werth LLP and Orbach Huff & Henderson, LLP legal services
agreements will be paid from the fiscal year 2023-2024
Risk Management General Liability Fund GL-50182316-
400206. A portion ($125,000) of the Liebert contract will be paid from the fiscal year 2023-2024 Risk Management
General Liability Fund GL-50182316-400206. The
remaining $125,000 of the Liebert contract will be paid out of Human Resources Department fund HR 01181016
400206.
PREVIOUS COUNCIL
ACTION:
Legal Services Agreements and amendments have been
approved as noted in the initial agreements and
amendments.
STATEMENT OF THE
ISSUE:
To ensure the City has appropriate representation
relating to the general litigation, the City Attorney’s Office requests approval of amendments to the legal services
agreements with (1) Allen, Glaessner, Hazelwood &
Werth LLP increasing the compensation by an amount
not to exceed $150,000, (2) Orbach Huff & Henderson,
LLP increasing the compensation by an amount not to
exceed $125,000 and (3) Liebert Cassidy Whitmore
increasing the compensation by an amount not to exceed
AGENDA
REPORT
June 20, 2023
$250,000 and extending the terms of all agreements to
June 30, 2024.
RECOMMENDED ACTION:
APPROVE amendments to legal services agreements
with (1) Allen, Glaessner, Hazelwood & Werth LLP
increasing the compensation by an amount not to exceed
$150,000; (2) Orbach Huff & Henderson, LLP increasing
the compensation by an amount not to exceed $125,000;
and (3) Liebert Cassidy Whitmore increasing the
compensation by an amount not to exceed $250,000,
and extending the terms of all agreements to June 30,
2024 – City Attorney’s Office (Dave Aleshire 510-620-
6509).
DISCUSSION:
Allen, Glaessner, Hazelwood & Werth (Allen Glaessner) currently provides special counsel services defending the City in tort/dangerous condition and personal injury litigation. Allen Glaessner has been representing the City in these types of lawsuits since 2013 and is currently defending 13 active lawsuits. The firm is on the City Attorney’s Office’s approved 2021 Request for Qualifications (RFQ).
The law firm has the experience and expertise necessary to continue to represent the City of Richmond in pending and future dangerous condition and personal injury litigation. The City Attorney’s Office requests approval of this fifth amendment to the legal services agreement with Allen Glaessner increasing the compensation in an amount not to exceed $150,000 and extending the term to June 30, 2024. Rates for Allen Glaessner are as follows: Partner, $270 per hour, associate, $235, and paralegal is $120/hour.
Orbach Huff & Henderson, LLP (“Orbach Huff’) currently provides special counsel services defending the City in civil rights and law enforcement liability litigation. Orbach Huff has been representing the City in these types of lawsuits since 2020. They currently are handling five active lawsuits and are also on the City Attorney’s Office’s approved 2018 Request for Qualifications (RFQ). Rates for Orbach Huff partners are $295 per hour, associates $255 per hour and paralegals are $135 per hour.
Orbach Huff has the experience and expertise necessary to continue to represent the City of Richmond in pending and future civil rights and law enforcement liability litigation. The City Attorney’s Office requests approval of this second amendment to the legal services agreement with Orbach Huff increasing the compensation in an amount not to exceed $125,000 and extending the term to June 30, 2024.
June 20, 2023
There is also a need to amend the existing legal services agreement with Liebert, Cassidy, Whitmore to add monies to continue labor negotiations and to receive legal consultation for negotiations with all the City's bargaining groups. Additionally, the firm provides legal advice on various employment law matters, legal support and representation in sworn personnel matters, and training for the City's Management Leadership Academy. The contract amount of $165,000 is exhausted, and there are ongoing negotiations and legal needs that require additional funding. The Human Resources Management Department requests this amendment to the legal services agreement to cover current outstanding and future expenditures. To date, the Human Resources Department has outstanding invoice.es for approximately $71,000, which will pay for legal services through May 2023. 2024. Rates for Liebert Cassidy partners are $435.00 per hour, Senior Counsel $365 per hour, Associates, $260.00 - $345 per hour and paralegals are $145 per hour.
Liebert, Cassidy, Whitmore is a law firm with several offices throughout California that exclusively provide legal services to public sector agencies. 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 extremely beneficial to the City and performed in a very satisfactory manner. Further, continuing the working relationship with Liebert, Cassidy, Whitmore will provide stability in negotiations and employment law issues, and it would be detrimental to the City's interests to change law firms at this juncture.
The Human Resources Department and the City Attorney’s Office request approval of this first amendment to the legal services agreement with Liebert, Cassidy increasing the compensation in an amount not to exceed $250,000 and extending the term to June 30, 2024.
DOCUMENTS ATTACHED:
Attachment 1 - Allen Glaessner - Original Contract
Attachment 2 - Allen Glaessner – First Amendment
Attachment 3 - Allen Glaessner - Second Amendment
Attachment 4 - Allen Glaessner - Third Amendment
Attachment 5 - Allen Glaessner - Fourth Amendment
Attachment 6 - Allen Glaessner – [Proposed] Fifth Amendment Attachment 7 - Orbach Huff - Original Contract
Attachment 8 - Orbach Huff - First Amendment
Attachment 9 - Orbach Huff - [Proposed] Second Amendment Attachment 10 -Liebert Cassidy – Original Contract
Attachment 11 – Liebert, Cassidy [Proposed] First Amendment