April 16, 2024
City Attorney's Office
DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Sharrone Taylor, Director of Human Resources
Subject: Second Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore for Labor and
Employment Issues
FINANCIAL IMPACT: This contract amendment with Liebert Cassidy Whitmore (Liebert) will be for $750,000 with a total amount not to exceed $1,165,000 with term ending June 30, 2026. A
portion of the Liebert contract totaling $582,500 will be paid from the Risk Management General Liability Fund
(50182316-400206). The remaining $582,500 of the
Liebert contract will be paid out of Human Resources
Department fund (01181016-400206).
PREVIOUS COUNCIL
ACTION:
Legal Services Agreements and amendments have been
approved as noted in the initial agreements and
amendments. The original contract was approved on
November 1, 2022 for $165,000, and a first amendment
was approved on June 20, 2023 for $250,000.
STATEMENT OF THE
ISSUE:
The law firm of Liebert Cassidy Whitmore (Liebert) has
provided ongoing legal support in labor relations and
police personnel matters. The City Attorney’s Office is requesting City Council to approve an amended legal
services agreement in the amount of $750,000 to allow
the City to use Liebert to assist the City in labor
negotiations.
AGENDA
REPORT
April 16, 2024
RECOMMENDED ACTION:
APPROVE a second amendment to the legal services
agreement with Liebert Cassidy Whitmore to extend the
time to June 30, 2026, and increase the compensation by $750,000, for an amount not to exceed $1,165,000 – City Attorney’s Office (Dave Aleshire 510-620-6509/Shannon
Moore 510-620-6505).
DISCUSSION:
There is a need to amend the existing legal services agreement with Liebert Cassidy Whitmore to add monies in preparation for labor negotiations due to start at the end of this year and to receive legal consultation regarding labor negotiations for all the City's bargaining groups that have Memorandums of Understanding that expire next year.
Additionally, the firm provides legal advice on various employment law matters, meet and confer obligations, legal support, representation in sworn and non-sworn personnel matters, and training for the City's Management Leadership Academy. There are ongoing negotiations and legal needs that require additional funding. The Human Resources Department requests this amendment to the legal services agreement to cover anticipated expenditures. Rates for Liebert Cassidy Whitmore partners are $435.00 per hour, Senior Counsel rates are $365 per hour, Associates are $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 of Richmond. 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 second amendment to the legal services agreement with Liebert Cassidy Whitmore increasing the compensation by an amount not to exceed $750,000 for a total not to exceed contract limit of $1,165,000 and extending the term to June 30, 2026.
DOCUMENTS ATTACHED:
Attachment 1 – Original Contract
Attachment 2 – First Amendment to the Contract
Attachment 3 – Second Amendment to the Contract