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HomeMy WebLinkAboutHR Labor Negotiation Services 2011CITY of Agenda Item No: 11 Meeting Date: February 22, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Leslie Loomis, HR Director City Manager Approval: SUBJECT: Resolution Authorizing a Special Services Agreement with Liebert Cassidy Whitmore for Legal and Labor Negotiation Services RECOMMENDATION: Staff recommends adoption of the attached resolution authorizing a Special Services Agreement with Liebert Cassidy Whitmore for legal and labor negotiation services. DISCUSSION: The City of San Rafael will begin negotiation of seven new labor agreements that all expire on June 30, 2011. In addition, a resolution must be established for the Unrepresented Management group, the Unrepresented Mid -Management group, and the Elected City Clerk and Elected Part Time City Attorney, all of which expire at the end of this fiscal year. The City is currently recruiting for a new City Manager to fill the position left vacant by Ken Nordhoff last November. Since his leave, Jim Schutz has been serving as Interim City Manager and therefore will not be involved "at the table" as he has been in past negotiations. Leslie Loomis, Human Resources Director, will continue to be part of the negotiation team, however the significant work required to successfully negotiate new agreements, coupled with minimum staffing in our Human Resources department, necessitates the hiring of an outside firm to assist the City's negotiation efforts. Over the last two negotiation cycles, and through the difficult budget situation, staff has been able to create a positive and cooperative relationship with bargaining unit representation. Staff interviewed several qualified firms seeking one to assist in carrying on this work and provide a respectful approach to the negotiation process. Staff recommends that the City engage the legal firm of Liebert Cassidy Whitmore (LCW) for labor negotiation services. LCW was contracted by the City for labor negotiations services during the 2006-2007 negotiations cycle and is familiar with the City's process and experienced in labor negotiations on the city, county and private sector. Given the City's desire to complete new contracts with our various bargaining groups, and the length of time involved to fulfill this important task, a new agreement with LCW is proposed. This agreement provides for a full range of services, including meeting preparation, appropriate legal review of proposed bargaining group contracts, and coordinating with the City's resource team. In addition, services will include time for interaction with the City Council, necessary FOR CITY CLERK ONLY File No.: Council Meeting:d � ."'I Disposition: �2 w. 1. a..J ic, ; "R 1 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 2 technical research and legal services that may be required for issues outside of the actual labor negotiation process. Although LCW would be engaged to lead the process, staff will continue to be involved extensively in negotiations. The City Manager will work with LCW and the labor management team directly. Leslie Loomis will be in the negotiations sessions with LCW as an integral part of the process. Additional staff have been added to the negotiation teams to provide support including Sylvia Gonzalez (City Manager's Office) and Megan Allen (Human Resources Department). In addition, the management resource team will include support from the Department Directors including Cindy Mosser for financial analysis, Rob Epstein for in-house legal support, among others. FISCAL IMPACT: The cost for services under this agreement will not exceed $50,000. This amount will be funded from the vacant position savings of the City Manager position. OPTIONS: • Adopt the resolution authorizing the agreement. • Direct staff to negotiate changes to the agreement to reflect the desires of the City Council. • Reject the agreement. ATTACHMENT A: Agreement for Special Services with LCW ACTION REQUIRED: Adopt the attached resolution RESOLUTION NO. 13109 RESOLUTION AUTHORIZING AN AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT CASSIDY WHITMORE FOR LEGAL AND LABOR NEGOTIATION SERVICES WHEREAS, pursuant to the procedures established by the Meyers-Milias-Brown Act (Government Code, Sections 3500 et seq.) and the CITY's Employer/Employee Relations Resolution, the CITY has recognized eight (8) groups as employee organizations, and WHEREAS the CITY will begin negotiation of seven new labor agreements that all expire on June 30, 2011, and WHEREAS, the significant work required to successfully negotiate new agreements, coupled with minimal staffing available to participate "at the table" during negotiations, necessitates the hiring of an outside firm to assist the CITY's negotiation efforts, and WHEREAS, the CITY has contracted with Liebert Cassidy Whitmore for labor negotiations services in the past and recognizes that the CONTRACTOR is trained, experienced and otherwise qualified to provide such services. NOW, THEREFORE LET IT BE RESOLVED THAT the City Council of the City of San Rafael hereby authorizes the Interim City Manager to execute an Agreement for Special Services between the CITY and Liebert Cassidy Whitmore for Labor Negotiation services, in a form approved by the City Attorney. I, ESTHER C. BEIRNE, 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 said City held on Tuesday, the 22"d day of February 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Scams C -,eu� ` ESTHER C. BEIRNE, City Clerk AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation ("Attorney"), and the CITY OF SAN RAFAEL, A Municipal Corporation ("City"). 1. Conditions This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement. 2. Attornev's Services Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law. 3. Fees, Costs, Expenses City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time, not to exceed the amount of $50,000. The range of hourly rates for Attorney time is from One Hundred Eighty to Three Hundred Twenty Dollars ($180.00 - $320.00), and from One Hundred Five to One Hundred Forty Dollars ($105.00 - $140.00) for time of paraprofessional staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorneys and paraprofessional staff bill their time in minimum units of one-tenth of an hour. Communications advice (telephone, voice -mail, e-mail) is billed in a minimum increment of three -tenths (.30) of an hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.15) per page and facsimile charges at Fifty Cents ($0.50) per page. A Public Agency Fee Schedule is attached to this Agreement. Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice. The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage. 4. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of 480050.1 6A026-001 2 professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney's fees and costs. 5. File Retention After our services conclude, Attorney will, upon City's request, deliver the file for the matter to City, along with any funds or property of City's in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file. 6. Assignment This Agreement is not assignable without the written consent of City. 480050.1 SA026®001 3 7. Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City. 8. Termination A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to ATTORNEY and any and all of ATTORNEY's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 9. Insurance A. During the term of this Agreement, ATTORNEY shall maintain, at no expense to CITY, the following insurance policies: 480050.1 SA026-001 4 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the ATTORNEY's performance of services under this Agreement. B. The insurance coverage required of the ATTORNEY by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. ATTORNEY shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific 980050.1 SA026-001 5 endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, ATTORNEY shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both ATTORNEY and CITY against all liability for injuries to ATTORNEY's officers and employees. D. Any deductibles or self-insured retentions in ATTORNEY's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or ATTORNEY shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 480050.1 SA076-001 6 12. Indemnification A. Except as provided in Paragraph B., ATTORNEY shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any errors or omissions, intentional or negligent, of ATTORNEY or ATTORNEY's officers, agents and employees in the performance of their duties and obligations under this Agreement. B. Where the services to be provided by ATTORNEY under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, ATTORNEY shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of ATTORNEY in the performance of its duties and obligations under this Agreement. 8. Authoritv The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 9. Term This Agreement is effective February 16, 2011, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. 480050a1 SA026-001 7 LIEBERT CASSIDY WHITMORE, A Professional Corporation By62.- Date 480050.1 SA026-001, 8 CITY OF SAN RAFAEL, A Municipal Corporation A ) By j/&V Title Date ATTESTcP- 4 74" *- City Clerk APPROVED AS TO FORM City Attorney I PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Contract Date) Partners $280.00 - $320.00 Of Counsel $260.00 - $280.00 Associates $180.00 - $260.00 Labor Relations Professional $170.00 - $200.00 Paraprofessionals $105.00 - $140.00 COST SCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.50 per page 480050.1 SA026-001 9