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Home My WebLink AboutHR Employee Relations Legal Services Agreement Amendment ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 03/17/2025 Disposition: Resolution 15381 Agenda Item No: 4.f Meeting Date: March 17, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Marissa Sanchez, Human Resources Director City Manager Approval: ______________ TOPIC: EMPLOYEE RELATIONS LEGAL SERVICES AGREEMENT AMENDMENT SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO AUTHORIZE THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR EMPLOYEE RELATIONS LEGAL SERVICES, TO INCREASE THE CONTRACT AMOUNT BY $75,000, FOR A TOTAL NOT TO EXCEED $225,000. RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to amend the Professional Services Agreement with Burke, Williams & Sorensen, LLP, for employee relations legal services, increasing the contract amount by $75,000, for a total not to exceed $225,000. BACKGROUND: On November 4, 2024, the City Council authorized the City Manager to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP, for employee relations legal services, which was initially set with a contract amount of $150,000 through the end of fiscal year (FY) 2025-26. Due to the increasing complexity and volume of issues faced by the Human Resources Department, it has become necessary to amend the agreement to provide additional resources. The contract amendment will increase the total contract amount by $75,000, bringing the total to $225,000. This will allow continued legal support to address ongoing needs for legal consultations, policy reviews, dispute resolution, compliance audits, litigation support, and other employee relations services. ANALYSIS: Staff recommends the City Council approve the extension and increase in the agreement with Burke, Williams & Sorensen, LLP, for employee relations legal services. The additional $75,000 will provide for increased legal needs over the remaining period of the contract, ensuring continued and effective legal support. The legal services covered by this agreement include: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 • Legal consultations and advice on workforce issues. • Policy development, revisions, and training for staff. • Investigation and dispute resolution support. • Compliance audits and regulatory updates. • Litigation support, if necessary. The firm has proven to be an effective and reliable partner in handling complex employee relations issues, and the increased funding will allow the City to continue leveraging their expertise as required. FISCAL IMPACT: The total contract amount for this amendment will increase by $75,000, bringing the total to $225,000. Funding to cover the increased cost will be provided through a transfer of appropriations from the General Fund contingency to the Human Resources – Contract Services budget for FY 2024-25. OPTIONS: The City Council has the following options to consider on this matter: 1. Approve the amendment to the Professional Services Agreement with Burke, Williams & Sorensen, LLP for employee relations legal services, increasing the contract amount by $75,000, for a total not to exceed $225,000. 2. Decline to approve the amendment and provide further direction to staff on how to proceed. RECOMMENDED ACTION: Staff recommends that the City Council authorize the City Manager to amend the Professional Services Agreement with Burke, Williams & Sorensen, LLP, for employee relations legal services, increasing the contract amount by $75,000, for a total not to exceed $225,000. ATTACHMENTS: 1. Resolution 2. First Amendment To The Professional Services Agreement With Burke, Williams & Sorensen, LLP For Employee Relations Legal Services RESOLUTION NO. 15381 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR EMPLOYEE RELATIONS LEGAL SERVICES TO INCREASE THE CONTRACT AMOUNT BY $75,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $225,000 WHEREAS, at its meeting held on November 4, 2024, the City Council approved the City Manager’s authority to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP for employee relations legal services; and WHEREAS, the Agreement was duly executed by the City Manager under that authority, and no subsequent amendments have been made; and WHEREAS, the Human Resources Department has experienced an increasing complexity and volume of employee relations matters, thereby creating a need for enhanced legal support; and WHEREAS, in order to adequately address these emerging matters, it is necessary to amend the Agreement by increasing the contract amount by $75,000, resulting in a total not to exceed $225,000; and WHEREAS, funding to cover the increased contract amount is proposed to be provided through a transfer of appropriations from General Fund contingency to the Human Resources Department – Contract Services budget for fiscal year 2024-2025; and WHEREAS, the proposed amendment will enable the continued provision of essential legal services including, but not limited to, legal consultations, policy reviews, dispute resolution, compliance audits, and litigation support; NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to approve the amendment to the Professional Services Agreement with Burke, Williams & Sorensen, LLP, increasing the contract amount by $75,000, thereby raising the total contract amount to not exceed $225,000. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 17th day of March 2025, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Lindsay Lara, City Clerk 1 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR EMPLOYEE RELATIONS LEGAL SERVICES THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter CITY), and BURKE, WILLIAMS & SORENSEN, LLP (hereinafter CONSULTANT), is made and entered into as of _______________________. RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated August 11, 2024 to perform professional services in connection with CITYS employee relations, for an amount not to exceed $150,000 (the Agreement); and WHEREAS, the CITY and CONSULTANT wish to amend the Agreement to modify the total compensation payable to CONSULTANT so as to authorize CONSULTANT to continue providing legal services pertaining to employee relations matters. AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article II of the Agreement, entitled COMPENSATION is hereby amended to include additional compensation payable to CONSULTANT, on a time and materials basis in accordance with the rates listed in the Exhibit A to the Agreement, in a not-to-exceed amount of $75,000, and to change the total not-to-exceed amount under the Agreement to $225,000. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. 03/19/2025 2 CITY OF SAN RAFAEL CONSULTANT ______________________________ By:______________________________ CRISTINE ALILOVICH, City Manager Name:____________________________ Title:_____________________________ ATTEST: [If Consultant is a corporation, add signature of second corporate officer] ______________________________ LINDSAY LARA, City Clerk By:_____________________________ APPROVED AS TO FORM: Name:____________________________ Title:_____________________________ ______________________________ ANDREA VISVESHWARA, Chief Assistant City Attorney Andrea Visveshwara (Mar 19, 2025 09:56 PDT) Andrea Visveshwara ndrearVi Asrsvhrw( M19d ,2 0 5:5 ,6 P:T ) AndredaV isdsvhdw ndreaVi nVsV vhVs w(M w(w1 (1 92w 05 : AndreaV Aaia CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org Click here to enter a date. N/A 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3/3/2025 3/3/2025 NT NT 3 Department Director Approval of final agreement form to send to contractor 3/3/2025 AMC for MS 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 3/3/2025 AMC 5 Project Manager When necessary, contractor-signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval N/A Or 3/17/2025 Council Meeting PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Human Resources Project Manager: Marissa Sanchez Extension: Click here to enter text. Contractor Name: Burke, Williams & Sorensen LLP Contractor’s Contact: Tim Davis Contact’s Email: TDavis@bwslaw.com FPPC: Check if Contractor/Consultant must file Form 700 First Amendment - BWS Employee Relations CC approved Final Audit Report 2025-03-20 Created:2025-03-19 By:alissa curtin (alissa.curtin@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAAPKelTwH3uo017DL738OdoMXZ6Y6dOf9- "First Amendment - BWS Employee Relations CC approved" His tory Document created by alissa curtin (alissa.curtin@cityofsanrafael.org) 2025-03-19 - 4:36:28 PM GMT Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2025-03-19 - 4:36:34 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-03-19 - 4:52:33 PM GMT Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2025-03-19 - 4:54:27 PM GMT - Time Source: server Document emailed to Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) for signature 2025-03-19 - 4:54:29 PM GMT Email viewed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) 2025-03-19 - 4:56:10 PM GMT Document e-signed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) Signature Date: 2025-03-19 - 4:56:51 PM GMT - Time Source: server Document emailed to Lindsay Lara (city.clerk@cityofsanrafael.org) for approval 2025-03-19 - 4:56:53 PM GMT Email viewed by Lindsay Lara (city.clerk@cityofsanrafael.org) 2025-03-19 - 5:17:41 PM GMT Document approved by Lindsay Lara (city.clerk@cityofsanrafael.org) Approval Date: 2025-03-19 - 5:17:53 PM GMT - Time Source: server Document emailed to Cristine Alilovich (cristinea@cityofsanrafael.org) for signature 2025-03-19 - 5:17:55 PM GMT Email viewed by Cristine Alilovich (cristinea@cityofsanrafael.org) 2025-03-20 - 0:03:13 AM GMT Document e-signed by Cristine Alilovich (cristinea@cityofsanrafael.org) Signature Date: 2025-03-20 - 0:03:37 AM GMT - Time Source: server Document emailed to Lindsay Lara (city.clerk@cityofsanrafael.org) for signature 2025-03-20 - 0:03:38 AM GMT Email viewed by Lindsay Lara (city.clerk@cityofsanrafael.org) 2025-03-20 - 12:42:34 PM GMT Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org) Signature Date: 2025-03-20 - 12:42:47 PM GMT - Time Source: server Agreement completed. 2025-03-20 - 12:42:47 PM GMT