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Staff Report PREPARED BY: LISA VELASCO 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: 02/05/2019 ITEM NO: 7 DATE: JANUARY 31, 2019 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE AN INCREASE IN AN AMOUNT NOT TO EXCEED TO $111,000 FOR THE AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT CASSIDY WHITMORE, TO CONTINUE TO PERFORM LABOR AND EMPLOYMENT RELATIONS ASSISTANCE RECOMMENDATION: Authorize an increase in an amount not to exceed to $111,000 for the Agreement for Special Services (Attachment 1) with Liebert Cassidy Whitmore, to continue to perform labor and employment relations assistance. BACKGROUND: The Town of Los Gatos entered into a two-year agreement with Liebert Cassidy Whitmore, a Public Sector Employment Law firm, in February 2018 to provide labor and employment relations services in the amount not to exceed $95,000 due to pending expiration of labor agreements with the Town’s three bargaining units. The Town also has a separate ongoing agreement with Liebert Cassidy Whitmore to participate in a consortium that offers Human Resource professionals, management, and supervisory employment related training in areas such as: the hiring process, wage and hour issues, discipline and performance, legislative updates, the disability interactive process, and retirement. The consortium also offers free telephone legal consultation for less complicated employment relations inquiries. PAGE 2 OF 2 SUBJECT: AUTHORIZE AN INCREASE IN AN AMOUNT NOT TO EXCEED TO $111,000 FOR THE AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT CASSIDY WHITMORE, TO CONTINUE TO PERFORM LABOR AND EMPLOYMENT RELATIONS ASSISTANCE. DATE: JANUARY 31, 2019 S:\COUNCIL REPORTS\2019\02-05-19\07 Liebert Cassidy Whitmore\Staff Report.docx 1/31/2019 12:32 PM DISCUSSION: The services provided by Liebert Cassidy Whitmore were instrumental in the successful and timely conclusion of the 2018 labor negotiations process with the Town’s bargaining units. The original not to exceed amount of $95,000 was an estimate of the total cost. The actual amount is based on the hourly rates of a dedicated labor negotiator and additional consultations with Liebert Cassidy Whitmore staff related to specialty areas, such as health care and the Fair Labor Standards Act. To process the remaining payment for the services provided during the 2018 labor negotiations process as well as to continue to use the employment relations services that are beyond the scope of the consortium services, staff is requesting to increase the compensation by $16,000 for a total not to exceed amount of $111,000. CONCLUSION: Liebert Cassidy Whitmore has been highly effective in assisting the Town with labor negotiations and employment relations support. The firm also has an abundance of legal resources to provide support during and after the negotiations process. Staff recommends approval of the increase in the not to exceed amount to process the remaining payment for negotiations work that has already been completed and to continue to provide limited legal consulting services throughout the remainder of the agreement. FISCAL IMPACT: The $16,000 added funding source will be identified as part of the February 19, 2019 mid-year budget review. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Executed Agreement for Special Services – Liebert Cassidy Whitmore