12 Staff Report.Sixth Amendment to Agreement with LCW with Attachments
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024 ITEM NO: 12
DATE: July 25, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Sixth Amendment to a Special
Services Agreement with Liebert Cassidy Whitmore (LCW) to Update the Fee
Schedule for Hourly Rates
RECOMMENDATION:
Authorize the Town Manager to execute a Sixth Amendment (Attachment 1) to a special
services agreement with Liebert Cassidy Whitmore (LCW) to update the fee schedule for LCW
hourly rates.
BACKGROUND:
In 2018, Liebert Cassidy Whitmore (LCW) was selected as a sole source provider for labor and
employment relations services, and services were continued in 2020 as the result of a
competitive interview process. LCW provides valuable negotiations and employee relations
legal guidance and has established a good rapport with the Town’s bargaining units.
On May 17, 2022, the Town Council authorized the Town Manager to execute a First
Amendment (Attachment 2) to the Special Services Agreement with LCW to extend the term
through June 30, 2024 and to increase compensation in the amount of $15,000 for a total
contract amount not to exceed $180,000.
On September 20, 2022, the Town Council authorized the Town Manager to execute a Second
Amendment (Attachment 3) to the Special Services Agreement with LCW to increase
compensation in the amount of $50,000 for a total contract amount not to exceed $230,000.
On September 19, 2023, the Town Council authorized the Town Manager to execute a Third
Amendment (Attachment 4) to the Special Services Agreement with LCW to increase
PAGE 2 OF 3 SUBJECT: Sixth Amendment to Agreement with Liebert Cassidy Whitmore (LCW) DATE: July 25, 2024
BACKGROUND (continued):
compensation in the amount of $50,000 for a total contract amount not to exceed $280,000.
On October 17, 2023, the Town Council authorized the Town Manager to execute a Fourth
Amendment (Attachment 5) to the Special Services Agreement with LCW to increase
compensation in the amount of $150,000 for a total contract amount not to exceed $430,000.
On June 18, 2024, the Town Council authorized the Town Manager to execute a Fifth
Amendment (Attachment 6) to the special services agreement with LCW to increase the
compensation in the amount of $120,000 for a total contract not to exceed $550,000.
DISCUSSION:
The current agreement expires on June 30, 2025. The proposed update to the fee schedule has
been provided by LCW to update the hourly rates for the different consultants that can be
utilized by the Town for labor relations and human resources consultation services. LCW
increased hourly rates for clients on July 1, 2024. This fee schedule update was provided to the
Town after the Fifth Amendment was brought to Council on June 18th.
This change does not result in an increase to the contract amount of $550,000.
CONCLUSION:
LCW has been highly effective in assisting the Town with labor negotiations and employment
relations support. Staff recommends that that the Town Council authorize the Town Manager
to execute Sixth Amendment to update the fee schedule to continue to utilize LCW’s services.
FISCAL IMPACT:
There is no fiscal impact to this change. Sufficient funds for this contract are already budgeted
and this amendment does not increase the contract amount. Staff anticipates the existing
funds will be sufficient.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Sixth Amendment
2. First Amendment with Original Agreement
3. Second Amendment
4. Third Amendment
PAGE 3 OF 3 SUBJECT: Sixth Amendment to Agreement with Liebert Cassidy Whitmore (LCW) DATE: July 25, 2024
Attachments (continued):
5. Fourth Amendment
6. Fifth Amendment
ATTACHMENT 1
SIXTH AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
THIS SIXTH AMENDMENT TO AGREEMENT is entered into this ____ day of August, 2024, by and
between the Town of Los Gatos, State of California, herein called the “Town,” and Liebert Cassidy
Whitmore, a Professional Corporation (“Attorney”), herein called the “Attorney.”
RECITALS
A. Town and Attorney entered into a Special Services Agreement from February 1, 2020,
through February 1, 2022 (“Agreement”).
B. Town and Attorney entered into a First Amendment to Agreement on May 17, 2022.
C. Town and Attorney entered into a Second Amendment to Agreement on September 12, 2022.
D. Town and Attorney entered into a Third Amendment to Agreement on September 19, 2023.
E. Town and Attorney entered into a Fourth Amendment to Agreement on October 17, 2023.
F. Town and Attorney entered into a Fifth Amendment to Agreement on June 18, 2024,
AMENDMENT
1. The fee schedule associated with the hourly rates for the following consultant positions shall be
increased to the following amounts:
Partners $430.00
Senior Counsel $360.00
Associates $270.00 - $340.00
Labor Relations/Human Resources Consultant $280.00
Classification and Compensation Consultant $210.00
Paralegals $150.00
E-Discovery Specialists $175.00
Law Clerks $150.00 - $185.00
2. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment
dated May 17, 2022, Second Amendment dated September 12, 2022, Third Amendment dated
September 19, 2023, Fourth Amendment dated October 17, 2023, and Fifth Amendment dated
June 18, 2024, remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Fifth Amendment to Agreement as of
the date indicated above.
Town of Los Gatos: Attorney:
By: By:
Laurel Prevetti J. Scott Tiedemann, Managing Partner
Town Manager Liebert Cassidy Whitmore
ATTACHMENT 1
Department Approval:
Cheryl Parkman
Human Resources Director
Approved as to Form:
Gabrielle Whelan
Town Attorney
Attest:
Wendy Wood
Town Clerk
ATTACHMENT 2
DocuSign Envelope ID: F709E150-B3B8-4C9B-994F-22D9C90698A1
LIEBERT CASSIDY WHITMORE
FEE SCHEDULE
Pmtners $415.00
Senior Counsel $345.00
Associates $230.00 -$325.00
Labor Relations/Human Resources Consultant $260.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 -$185.00
DocuSign Envelope ID F709E150-B3B8-4C9B-994F-22D9C90698A1
•AGR .;i.o. D.14?
IHH ------
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of UEBERT CASSIDY
WHITMORE, A Professional Corporation ("Attorney"), and the TOWN OF LOS
GATOS, A Municipal Corporation ("Town").
t.Conditions
This Agreement will not take effect, and Attorney will have no obligation to
provide services, until Town returns a properly signed and executed copy of this
Agreement.
2.Attorney's Services
Attorney agrees to provide Town with consulting, representational and legal
services pertaining to employment relations matters, including representation in
negotiations and in administrative and court proceedings, as requested by Town or
otherwise required by law.
3.Fees, Costs, Expenses
Town agrees to pay Attorney the sums billed monthly for time spent by Attorney
in providing the services, including reasonable travel time. to-n..\.. co_:.npe--vi S cm oor1 -hi I vv �� 6v1a;n'o n Of-Th-LS .�c.e-e '
The cunent range of hourly rates for Attorney time is from Two Hundred Ten to l� V\ot
e�c..ee& Three Hundred Eighty Dollars ($210.00 • $380.00). See Schedule I for a full Fee <Et, l(,ps; ooo.
Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate,
adjusts them effective July l. Attorney will provide the Town with written notification of
any adjustment in the range of rates. Attorney bills its time in minimum units of one
tenth of an hour. 9120460.1 LC00l-009
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 1
FIFTH AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
THIS FOURTH AMENDMENT TO AGREEMENT is entered into this ____ day of June, 2024, by and
between the Town of Los Gatos, State of California, herein called the “Town,” and Liebert Cassidy
Whitmore, a Professional Corporation (“Attorney”), herein called the “Attorney.”
RECITALS
A. Town and Attorney entered into a Special Services Agreement from February 1, 2020,
through February 1, 2022 (“Agreement”).
B. Town and Attorney entered into a First Amendment to Agreement on May 17, 2022.
C. Town and Attorney entered into a Second Amendment to Agreement on September 12, 2022.
D. Town and Attorney entered into a Third Amendment to Agreement on September 19, 2023.
E. Town and Attorney entered into a Fourth Amendment to Agreement on October 17, 2023.
AMENDMENT
1. Total compensation by the Town for the Attorney’s services shall increase by an additional
$120,000, not to exceed $550,000 over the course of the agreement.
2. The Town desires to extend the Agreement from July 1, 2024 through June 30, 2025.
3. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment
dated May 17, 2022, Second Amendment dated September 12, 2022, Third Amendment dated
September 19, 2023, and Fourth dated October 17, 2023 remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Fifth Amendment to Agreement as of
the date indicated above.
Town of Los Gatos: Attorney:
By: By:
Laurel Prevetti J. Scott Tiedemann, Managing Partner
Town Manager Liebert Cassidy Whitmore
Department Approval:
Katy Nomura
Assistant Town Manager
Approved as to Form:
Gabrielle Whelan
ATTACHMENT 1
Town Attorney
Attest:
Wendy Wood
Town Clerk