City Council
Report
City Council Meeting: May 23, 2017
Agenda Item: 3.G
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To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office Subject: Lawyer-Client Retainer Agreement for Outside Labor and Employment Counsel
Recommended Action
1. Award RFP Number 93 to Liebert, Cassidy and Whitmore, a California professional corporation (“LCW”), for Outside Labor and Employment Counsel services; and
2. Authorize the City Manager to negotiate and execute a Lawyer-Client Retainer Agreement (“Agreement”) with LCW for outside labor and employment counsel services in an amount not to exceed $1,875,000, for a five-year term.
Executive Summary
The City, through the City Attorney’s Office and the Human Resources Department, uses the services of outside, specialized legal counsel for assistance with labor and employment matters, including, but not limited to, employee disciplinary matters, training, Personnel Board hearings, litigation, and advice and counsel on specific employment-related matters. Staff recommends that City Council approve a LawyerClient Retainer Agreement with Liebert Cassidy Whitmore for such services in an amount not to exceed $1,875,000 over five years.
Background
The City Attorney’s Office and the Human Resources Department use the services of outside labor and employment counsel to provide representational, litigation, advisory, training and other employment law and labor relations services in the areas of Harassment and Discrimination, Wage and Hour, Disability and Leave Laws (e.g., FMLA/CFRA), Public Safety (Police/Fire), Retirement, Workplace Investigations, Personnel Policies, Administrative Hearings, and Labor Relations and Negotiations.
After a competitive process undertaken in 2012, the City Council previously awarded a contract to LCW for outside labor and employment counsel services. The term of the current contract is ending on June 30, 2017.
Discussion
The proposed contract will have a five-year term commencing on July 1, 2017. The City will have the ability to terminate the Agreement at any time during the five-year term by giving LCW thirty days’ written notice. Services will be requested, as needed, by both 2 of 3
the City Attorney’s Office and the Human Resources Department. The Human Resources Department will coordinate training workshops to be conducted by outside legal counsel, and the City Attorney’s Office will monitor legal work undertaken. Outside legal counsel will provide legal advice and consultation, written legal opinions, and attendance at hearings or other meetings, as needed.
Vendor/Consultant Selection
On October 25, 2016, the City issued a Request for Proposals (RFP) for labor and employment services from outside law firms. The RFP was posted on the City’s online bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. In addition, four law firms specializing in practice areas for government agencies were contacted and informed about the RFP. Nine law firms submitted proposals by the deadline of November 11, 2016. The proposals were evaluated based on the criteria in SMMC 2.24.073, and specific criteria, including experience of attorneys in the practice areas needed, client reference list and stability of client representation, case references, law firm billing rates, cost of all additional services, and adhering to RFP instructions. Representatives from the City Attorney's Office and Human Resources conducted interviews with the top three ranked firms to evaluate qualifications and experience of the proposed law firms.
Staff recommends LCW, located in Los Angeles, California, as the best qualified firm.
LCW practices exclusively in public sector labor and employment law and has extensive experience providing labor and employment services to multiple public entities throughout California with regard to employee disciplinary matters, workplace investigations, Personnel Board Hearings, litigation, labor law-related training, and preparation of legal reports. LCW’s rates are competitive with other law firms and LCW has the best depth of services and experience suited for the City’s needs.
Financial Impacts and Budget Actions
The contract amount to be awarded to LCW is not to exceed $1,875,000 over a fiveyear period. These funds will be encumbered as needed and are charged to the appropriate departments as services are rendered.
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Prepared By: Diana Burger, Office Administrator
Approved Forwarded to Council
Attachments:
A. Oaks Form 2017