HomeMy WebLinkAboutLIEBERT CASSIDY - 2000-10-02HJ�
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: October 11, 2000
TO: Liebert Cassidy ATTENTION: Melanie Poturica, Esq.
Name
6033 West Century Blvd., #601 DEPARTMENT:
Street --•—---... ---
Los Angeles, CA 90045-6410 REGARDENIG: Agreement - Legal
City, State, Zip
$erV1CeS
See Attached Action Agenda Item E- 2 Date of Approval 10 - 0 2 -0 0
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
4�W4 Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page X Agreement x Bonds
CC: J. Reekstin
Name
W. Osness
RCA Deed _
Admin. Serv. x x
De artment RCA Agreement
�dmin. Serv. x x
Name Department RCA Agreement
Name Department
Name Department
C. Mendoza x
Risk Management Dept.
RCA Agreement
RCA Agreement
Insurance X
Other
X
Insurance Other
X
Insurance Other
Insurance Other
Insurance Other
X
Insurance
(Telephone: 714-536-6227 )
Council/Agency Meeting H
Deferred/Continued to:
1 }
Approved ❑ Conditio ally Approved ❑ enied Imo- Cl 's Signature
Council Meeting Date: October 2, 2000 Department ID Number: AS 00-0038
CITY OF HUNTINGTON BEACH a
REQUEST FOR COUNCIL ACTION=
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY; RAY SILVER, City Administrator o. A
Ys:
PREPARED BY: JOHN P. REEKSTIN, Administrative Services Director
SUBJECT: APPROVE LABOR RELATIONS CONSULTANT SERVICES —
CONTRACT WITH LIEBERT CASSIDY
Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachmentlsj
Statement of Issue: Should the City retain the firm of Liebert Cassidy to provide labor
relations consultant services to obtain labor agreements with the Police Officers Association
and Marine Safety Officers Association.
Funding Source: General Fund Account AA-ND-541-593-00.
Recommended_ Action:
1. Authorize the Mayor and the City Clerk to execute the new and separate agreement
between the City of Huntington Beach and Liebert Cassidy for legal services.
2. Approve the expenditure of funds.
Alternative Action(s): Select another firm to provide labor relations consultant services.
Analysis: The City's current agreement with the Police Officers Association (POA) and the
Marine Safety Officers Association (MSOA) expires on September 30, 2000. The City has
used a private sector labor relations consultant to serve as the City's representative in
meetings with representatives of employee organizations. This consultant, in conjunction
with the City Administrator, obtains policy direction from the.City Council and works with City
staff to endeavor to reach agreement with employee oraganizations.
Numerous outside consulting firms have been utilized by the City as labor relations
consultants in the past. The firm of Liebert Cassidy has served in this capacity in
negotiations with POA and MSOA since January 1993. They are a large professional
corporation with extensive background in labor relations and have worked with the League of
California Cities over the years in establishing model labor relations programs and
ordinanaces for public agencies. The firm also specializes in training City staff and
managers in labor relations and related personnel issues. Liebert Cassidy has recently
merged with Whitmore, Johnson and Bolanos to create the firm of Liebert Cassidy and
Whitmore.
R
QUEST FOR COUNCIL ACT
MEETING DATE: October 2, 2000
DEPARTMENT ID NUMBER:AS 00-0038
This contract replaces an earlier contract that included a $4,000 per month retainer for labor
relations services for all bargaining associations. This contract provides an hourly rate of
$135.00 to $225.00 per hour for specific attorneys and services.
Environmental Status: Does not apply.
Attachment(s)•
RCA Author: WHOsness
LABOR RELATIONS SERVICES CONSULTANT -2- 9/18/00 8:27 AM
ATTACHMENT #1
•
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND 4
LIEBERT CASSIDY FOR LEGAL SERVICES,
Table of Contents
Section
Page
1
Scope of Services.
1
2
Responsible Attorney.
1
3
Compensation.
2
4
Hold Harmless.
2
5
Workers' Compensation..
2
6
General Liability Insurance.
3
7
Professional Liability Insurance.
4
8
Certificates of Insurance
4
9
Independent Contractor
5
10
Termination of Agreement_
5
11
Copyrights/Patents
6
12
City Employees and Officials.
6
13
Notices
6
14
Modification
6
15
Interpretation of this Agreement..
7
16
Duplicate Original..
7
17
Immigration
7
18
Attorney's Fees.
8
19
Entirety
8
4
JUN - 9 2000.1.1
EAESE- RT�
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND
LIEBERT CASSIDY FOR LEGAL SERVCICES,
THIS AGREEMENT is made and entered into this 2nd day of
October 2000, by and between the CITY OF HUNTINGTON BEACH ("CITY")
a Municipal Corporation of the State of California and LIEBERT CASSIDY, a Professional
Corporation, ("LEGAL COUNSEL")
and
WHEREAS, City desires labor negotiation services in the field of labor relations;
CITY conducted a selection process in 1992 as required by Huntington Beach
Municipal Code, Chapter 3.03, relating to procurement of professional service contracts
and found LEGAL COUNSEL to be qualified, Consultant has been retained since January
1, 1993, most recently pursuant to a prior contract, dated August 7, 1998; and
LEGAL COUNSEL performs other legal services for the CITY (including
representing the CITY in litigation) pursuant to a separate agreement dated February 5,
1996; and
This Agreement is intended to supercede only the August 7, 1998 Agreement. All
other legal services shall be performed under the February 5, 1996 Agreement,
NOW, THEREFORE, it is agreed by CITY and LEGAL COUNSEL as follows:
1. SCOPE OF SERVICES
LEGAL COUNSEL shall make itself available to consult with CITY officials
and serve as CITY's representative in meeting its obligations to meet and confer pursuant
to the Meyer-Millias Brown Act (Govemmenf Code §3500, et seq.) in connection with
labor contracts with the Huntington Beach Police Officers Association and the Huntington
Beach Marine Safety Officers Association, as well as advising the City regarding Fair
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SF-2000 Agree: LIEBE-RTCASSIDY
615i00
Labor Standards Act (FLSA) compliance. Any other legal services shall be performed
under the February 5, 1996 agreement.
2. RESPONSIBLE ATTORNEY
LEGAL COUNSEL hereby designates DANIEL C. CASSIDY, ESQ., as the
attorney primarily responsible for the labor negotiations services rendered hereunder and
PETER BROWN, ESQ. for FLSA issues. Primary responsibility for the work shall rest with
Mr. Cassidy and Mr. Brown, and no work will be assigned to attorneys within the firm
without CITY consent.
3. COMPENSATION LEGAL COUNSEL'S fee for such services shall be
based upon the following rate schedule:
Daniel Cassidy $2251hour
Peter Brown 2001hour
Other Attorneys various rates from
$135 to $2251hour
LEGAL COUNSEL shall comply with all of the Billing Protocols set forth in Exhibit
A attached hereto and incorporated herein.
4. HOLD HARMLESS.
LEGAL COUNSEL shall protect, defend, indemnify and save hold harmless
CITY, its officers, officials, employees, and agents from and against any and all liability,
loss, damage, expenses, costs (including without limitation, costs and fees of litigation of
every nature) arising out of or in connection with LEGAL COUNSEL's performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement
by LEGAL COUNSEL, its officers, agents or employees except such loss or damage
which was caused by the sole negligence or willful misconduct of CITY. CITY shall be
reimbursed by LEGAL COUNSEL for all costs and attorney's fees incurred by CITY in
enforcing this obligation.
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5. WORKERS' COMPENSATION.
Pursuant to California Labor Code Section 1861, LEGAL COUNSEL
acknowledges awareness of Section 3700 et seq.-of said Code, which requires every
employer to be insured against liability for workers' compensation; LEGAL COUNSEL
covenants that it will comply with such provisions prior to commencing performance of the
work hereunder; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suit, actions, proceedings, and judgments of every nature
and description, including attorney's fees and costs presented, brought or recovered
against the CITY, for or on account of any liability under any of said acts which may be
.incurred by reason of any work to be performed by LEGAL COUNSEL under this
Agreement.
LEGAL COUNSEL shall maintain workers' compensation insurance in an
amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by
accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by
disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by
disease, -policy limit.
LEGAL COUNSEL shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. LEGAL COUNSEL
shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'
compensation insurance and LEGAL COUNSEL shall similarly require all subcontractors
to waive subrogation.
6. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and LEGAL
COUNSEL'S covenant to indemnify CITY, LEGAL COUNSEL shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage
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covering the PROJECT. The policy shall indemnify LEGAL COUNSEL, its officers, agents
and employees, while acting within the scope of their duties, against any and all claims
arising out of or in connection with the -PROJECT, and shall provide coverage in not less
than the following amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than $1,000,000
for this PROJECT. The policy shall name CITY, its agents, its officers, employees and
volunteers as Additional Insureds, and shall specifically provide that any other insurance
coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that LEGAL COUNSEL'S insurance shall be primary.
7. PROFESSIONAL LIABILITY INSURANCE
LEGAL COUNSEL shall furnish a professional liability insurance policy
covering the work performed by it hereunder. Said policy shall provide coverage for
LEGAL COUNSEL'S professional liability in an amount not less than $1,000,000 per
occurrence and in the aggregate. - A claims -made. policy. shall be acceptable -if the policy -
further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. LEGAL COUNSEL will make every effort to maintain similar
insurance during the required extended period of coverage
following project completion, including the requirement of adding all
additional insureds.
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C. If insurance is terminated for any reason, LEGAL COUNSEL agrees
to purchase an extended reporting provision of at least two (2)
years to report claims arising from work performed in connection
with this Agreement.
D. The reporting of circumstances or incidents that might give rise to
future claims.
Under no circumstances shall the above -mentioned insurance contain a
self -insured retention, or a "deductible" or any other similar form of limitation on the
required coverage.
8. CERTIFICATES OF INSURANCE'
Prior to commencing performance of -the work hereunder, LEGAL
COUNSEL shall furnish to CITY certificates of insurance subject to approval of the CITY
Attorney evidencing the foregoing insurance coverages as required by this Agreement;
the certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall -state that the policy is currently in force; and .
C. shall promise that such policies shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days prior written notice; however, ten (10) days
prior written notice in the event of cancellation for nonpayment of
premium.
LEGAL COUNSEL shall maintain the foregoing insurance coverages in
force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by LEGAL COUNSEL under the
A
Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. LEGAL COUNSEL shall pay, in a
prompt and timely manner, the premiums on all insurance hereinabove required.
9. INDEPENDENT CONTRACTOR
LEGAL COUNSEL is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of the CITY.
LEGAL COUNSEL shall secure at its expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for LEGAL COUNSEL and its
officers, agents and employees and all business licenses, if any; in connection with the
services to be performed hereunder.
10. TERMINATION OF AGREEMENT
All work required hereunder shall be performed -in a good and workmanlike
manner. CITY may terminate LEGAL COUNSEL's services hereunder at any time with or
without cause, and whether or not PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to. LEGAL .
COUNSEL as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of the CITY, become its
property and shall -be delivered to it by LEGAL COUNSEL.
11. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
12. CITY EMPLOYEES AND OFFICIALS
LEGAL COUNSEL shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
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CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Govemmenf Code.
13. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to LEGAL COUNSEL'S agent (as
designated in Section 1 hereinabove) or to the City Attorney as the situation shall warrant,
or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO LEGAL COUNSEL:
Gail Hutton, City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Telephone: (714) 536-5555
Facsimile: (714) 374-1590
14. MODIFICATION
Melanie M. Poturica, Esq.
Liebert Cassidy
6033 West Century Blvd. Suite 601
Los Angeles CA 90045-6410
(310) 645-6492
(310) 337-0837
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
15. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction
to be unenforceable, void, illegal or invalid or affect the remaining covenants and
provisions of this Agreement. No covenant or provision shall be deemed dependent upon
any other unless so expressly provided here. As used in this Agreement, the masculine
or neuter gender and singular or plural number shall be deemed to include the other
7
whenever the context so indicates or requires. Nothing contained herein shall be
construed so as to require the commission of any act contrary to law, and wherever there
is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then
the latter shall prevail, and the provision of this Agreement which is hereby affected shall
be curtailed and limited only to the extent necessary to bring it within the requirements of
the law.
Captions of the sections of this Agreement are for convenience and
reference only, and the words contained therein shall in no way be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this
Agreement.
16. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original. Each
of the parties hereto shall retain -an originally signed copy -hereof. Each duplicate original .
shall be deemed an original instrument as against any party who has signed it.
17. IMMIGRATION
LEGAL COUNSEL shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
18. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and
provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees.
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19. ENTIRETY
The Agreement contains the entire agreement between the parties
respecting the subject matter of this Agreement and supercedes all prior understanding
and agreements whether oral or in writing. The foregoing sets forth the entire Agreement
between the parties.
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
LIEBERT CASSIDY, a Professional
Corporation
By
mPtaroa M. Tfaf„Ari ca
print name
ITS: (circle one) Chairmanj =residen>ice President
IMIC
By:
print e
ITS: (circle one) ecretary hief Financial
OfficerlAsst. Secr reasurer
REVIEWED AND APPROVED:
CITY OF HUNTINGTON BEACH, a --
municipal corporation of the State of
Californi
M 4kWAI
Mayor pro Tem
ATTEST:
City Clerk
APPROVED -AS TO FORM:
01006-r,?- a=ZJ
j City Attorney
INITIATED AND APPROVED:
City AOministrator City Attorney
9-�-aG
0
E
October 9, 1996
Subject: Billing Protocol
Our city has adopted the following billing protocol. Your firm will be compensated or reimbursed only
when your charges are in compliance with this protocol. If you have questions concerning it, please
contact the City Attorney for clarification.
In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in
writing. Any changes to this protocol will need prior, written approval from the City Attorney or the
assigned Deputy City Attorney.
In the interest of fairness, all special counsel are required to comply with this protocol. This protocol is
also to be used in conjunction with any new proposal for services.
A. General
BilIin Protocol
Special counsel and the office of the City Attorney will be associated as counsel on all
matters. The format for inclusion of this office on the pleadings is as follows:
GAIL HUTTON, City Attorney (SBN 57372), and
[Your Firm Name and Address]
2. A different case name will be adopted for each individual matter to facilitate tracking
individual cases, or advisory matters. Each invoice shall include the case name and the
City's claim number. Your case number may be included for your convenience.
3. General accounts are not permitted without prior approval. That is, unless they are
prearranged, a general account is not to be opened. In the event that a general account is
approved, a separate case name should still be used if a matter exceeds four hours.
4. If you are provided with a new case directly from staff, or if a matter arises that requires
you to open a new file, the City Attorney should be informed immediately.
5. Generally, the City Attorney will rely upon you for guidance on litigation strategy.
Nonetheless, City Attorney approval is necessary for all motions, including demurrers,
motions for summary judgment and discovery motions.
SFLs:G:SF-Billing:General
6. This -office should be consulted prior to the retention of services of an expert witness, court
reporter, or private investigator.
We expect that discovery disputes will be resolved without court intervention. If this is
impossible due to the conduct on the other side, please inform the City Attorney
immediately.
8. Our accountants will send a request for an auditor response letter annually. Please respond
to these promptly. In complicated cases where more than 2.5 hours is required, please
contact the City Attorney before drafting your response.
B. Travel
9. We expect that only one attorney from your firm will attend meetings, depositions and
arguments, although a second person may be needed for trials and major hearings. Only in
unusual cases can travel by more than one attorney be justified.
10. Charges for attorney time during travel is normally not reimbursable and will only be paid
if such time is actually used in performing services for the City or as otherwise arranged
with the City.
11. As we sometimes use firms that are outside of the nearest metropolitan area, the City is
very conscious of travel costs. Subject to agreement otherwise, you will be held to
charging no legal fees on travel time to or from Huntington Beach.
12. Automobile expenses are limited to $0.27 per mile. All other travel expenses shall be
approved in advance. Requests for approval shall be submitted at least 14 days in advance,
to allow for reduced transportation fares. Meals are not billable to the City, without prior
arrangement.
C. Billing (monthly)
13. All billing shall be done monthly in one -tenth hour (0.10) increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who performed
it. Minimum billing charges are unacceptable. Please charge for actual time spent. For
example, minimum of .2 for phone calls or .4 for letters is unreasonable unless that is an
accurate measure of time spent.
14. The attorney to whom the retainer letter is addressed shall be the principal attorney
handling all significant aspects of the case. We may authorize one other individual,
usually an associate, to handle a case, but only with our prior permission. Please inform
the City Attorney who that person will be and his/her qualifications. We do not anticipate
that any other attorney will bill on this case without prior notification.. If an urgent issues
arises or a court appearance needs to be covered, please call the City Attorney to inform us
first. For each approval requested, you may contact the designated Deputy City Attorney if
the City Attorney is unavailable.
15. We encourage the use of paralegals for any task that can be delegated. However, similar to
attorneys, no more than two paralegals (but preferably one) should work on each case
without the City Attorney's prior approval.
2
SN:G:SF-Bil l i ng:General
16. Law clerks present a unique situation. We recognize your need to train new associates;
however, as a public entity we cannot afford to pay for training. Law clerks can be used,
with prior approval, and only when it will be beneficial or cost-effective for the City.
17. Each month's bill should include a total to date. That total should provide, at a glance, the
total fees and costs incurred to date for the case. This will facilitate our approach of cost-
effective management of cases, and avoid a situation of spending $40,000 in legal fees on
cases where only $20,000 is at stake.
18. Absent pre -approval, we do not pay two attorneys to discuss our case. We recognize the
need for such discussion; however, only one of the attorneys should bill for the time.
Again, training time is not billable.
19. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all
service bills/costs should accompany the billing for each single item that exceeds S75.00.
The fee for the sending or receiving of facsimiles will not exceed 50.25 per page. The City
will not pay a fee or charge for telephone calls or facsimiles to the City. Photocopier costs
should be no more than the actual cost of duplication, or S.10 per page, whichever is less.
20. We do not pay for secretarial time or secretarial overtime. We do not pay attorneys or
paralegals for secretarial tasks or tasks that should be subsumed into your overhead. For
example, faxing, mailing, arranging for messengers and calendaring are not acceptable
charges.
21. We do not pay for word processing charges. This includes per page or hourly charges.
22. We do not pay for billing or discussion of bills. If we have questions about billing or need
additional information on bills, that is not a chargeable event; you should respond without
charging the city for the time required.
23. Do not charge for file opening or file closing. These are not true tasks or adequate -
descriptions of legal activities.
24. We appreciate when you have researched an issue previously and use that research on the
present case:. The city has retained you because of your past experience. Do not charge
the city for work you have done and billed another client for in the past.
25. Special counsel are to pay all costs of the lawsuit, including expert witness fees.and -
transcripts, and include these charges in the monthly billing unless otherwise directed.
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SRs:G:SF-Silling:General
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D. Reporting.
26. Each month, special counsel shall prepare a brief summary of activity on each case. Each
monthly summary should include attempts at settlement. If we have not provided you with
authority, please ask the other side for a settlement number and present it to us.
27. After the first monthly summary is sent, you may copy the prior month's summary with an
indication in the last few sentences at the end of each summary of any relevant changes
during the month. This summary shall be provided by the seventh day of each new month.
Special counsel shall not charge more than one hour per case for this summary without
prior approval.
28. We need copies of all motions or briefs. Unless previously requested you do not need to
send drafts or miscellaneous correspondence. Significant pieces of correspondence should
be copied to us, along with copies of all research memos.
29. If a case is likely to be a loser, we want to know up front in order to minimize litigation
costs, and settle the case. We do not want to be informed of the low probability of success
on the eve of trial. You are not expected to be a guarantor of success or an insurer, all that
we ask for is your best guess.
30. Special counsel shall notify the City Attorney if it becomes apparent that legal fees for a
case will exceed or are exceeding $5,000. Outside counsel shall submit a budget
estimating fees and costs, identify the work expected to be done, the identity and billing
rate of each attorney and paralegal to be involved, and the amount -of time the work is
expected to take. Thereafter, the City Attorney shall be updated quarterly of the estimated
fees and costs.
"Penny-wise and pound foolish" is not our approach. Cost-effective representation is. These billing
guidelines are instituted to ensure that your bills convey the information that is necessary to manage
outside litigation.
We appreciate your services and feel that this protocol will make the attomey-client relationship a
smooth one for both sides. Because these guidelines are set out in advance, they are designed to
minimize any confusion or misunderstanding. If you feel hamstrung by this protocol, please raise the
issue. Our concern is the results and total cost, not saving a dollar to spend a thousand.
4
SF%s:G:SF-Bi11ing:Gencm1
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ATTACHMENT #2
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ERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION
NO CONFERS NO RIGHTS UPON THE CERTIFICATE
R. THIS CERTIFICATE DOES NOT AMEND. EXTENSOR
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING 'COVERAGE
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INSURER
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COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WANED ABOVE FORT
4E POLICY PERIOD INDICATED. NO
ANY RE:OUIRemENT, TERM OR CONOMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
MAY PERTAIN THE INBURMICF AFFORDED BY THE POLICIES DESCAMEO HEREIN IS SUBJECT TO ALL THIi
:CH THIS CERTIFICATE MAY BE ISSM OR
TERMS. EKCLUSIONS AND CONDITIONS OF SUCH .
POLICIES. AGGREGATE LIMITS SHOWN MAY WAVE BEEN REDUCED BY PAID CLAIMS.
NHR
LTR
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YPIOPINSURANCE POUCYNLIMBER
"A NYlpD
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LIMITS
DCNERAL UABILITY ii
EACH OCCURRENCE
531,000,000
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12/14
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FIAEDAMAGE(".n.&*j
I$1,000,000
CLAM! MADE a OCCUR #I
VIED EXP (Any any p40-on1
1 $ 5 , 00 0
PERSONAL I ADV INJURY
4311000,000
G9NERALADGREGATE
141210001000
I
OEN'L AGGREOATE LIMIT APPLIES PER:
PRODUCTS - COIMPJOP AGO
942,000,000
POLICY JECaT aLoc . I
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AUTOMOBILE UABILITY'
ANY AUTO
I RP06648946
12/14
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CONBINEDSINGLE LIMIT
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ALL OWNED AUTOS
SCHEDULED AUTO$
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BOOILY INJURY
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BODILY INJURY
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j( NON -OWNED AUTOS
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AUTO ONLY. EA ACCIDENT
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Lawyers Prof. Liab
NS0035799 22110d
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22/20/00
Per claim 2,000,000
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Aggregate 2,000 000
p=RIPTION OF OPERAT16NSJLOCATlGN6NCHICLEvUcLU61oNS ADDED aY ENDORUMENTIBPECIAL P
VISIONS
City 211u>ntington Beach, its agent, officera and employees
-Additional
Inaurede under the General Liability Ins. coverage only.
CERTIFICATE HOLDER IN
ADDITIONAL INSURED; INSURER LETTER: CANCEL
LATION
CITHU-1
SHOULD
AV OP THI ADOVI DUCR:BaD POLICIES BB CANCELLED Be.oRR THA A"TNLA?Vv4
City of Huntington Beach
DATE THI
REOF. TH& ISSUING INSIJRER vIRLL Meap� MAIL 30 DAYS wRiTTEN
Riak Management Diviai on
Attn : Gail Hutton
2000 Main Stxeet
Huntington Beach, CA 9264E
N071CF 101
IMPOSE
Rfm
THE CEXTIFIC&tE HOLCEaa NAMED TO THE LEFT. B SHALL
OEUOATION 04 LIAIMUTY OF ANY KIND UPON THE wSURER, ITS AGENTS OR
rArvEl.
rol
Ma c
ACORD 254 (7197)
40ACORD CORPORATION Igoe
AUG-04-2000 O9:41 31033?0837 97% F.E2
771 ;";'
P.O. BOX 420807, SAN FRANCISC , CA 94142-0807
COMPENSATION
� i�, +ERTiF1C. 7 -OF Will ��`��t�NiPE SA��D:�l'iNSi1�'�MO
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(iVR 4.F RH i OR �ao+r+il°,rlk� 9264aa:7�.. �:�• ''RrY.?+',. i � y'.:.
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his is to celrtify that we have issued'a valid Workers' Compensation 'insurance policy in a form approved by the California
Insurance:Cbmmissioner to the employer named below for the policy period indicated.
38'
Tbii policy -is notsubjict to 6ancellatiori by the Fund except upon tit da�s' advance written notice to the employer.
ye wiil also give you days''advance notice should this policy be car celted prior to its normal expiration.
.This certificate of insurdm6e is not an Insurance policy and does not amend, extend or alter the coverage afforded by the .
pollCie9 IlsEed herein. Notwithstanding.. ahy► rQquirem n .,term or ccndition of any contract or other' document with
iespect to .which �Qrtificate ,snce mji eµU,,�er. ma peR �tf9 insLt f1dwby the policies
desti�ibeti 1aer�2irt`i BGt to atl.ti7 ro ,eccl `� ,. "" rn`J-q ,.Of sucto IWO'�-
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T �•'.�.`r, `'p .:s., fy7�i.�:..'L'�-. _ :.:E'�.�.`.•-��-• - .�-J2..a..`�'`• {:.�"A•4.
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•. , : 'f: - ;+r�•�d� .y r��•:'a.y� u�"'F' r,f.�-,�,'�,`a'• ���L�-��,,��`,, '� �.••.' f {.�;''�N'�
1110409206 LIA>axL� ' .I1lIT INCl.iMM ` E C T5
C W_ #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE ErFECTIVE
AUG-04-2000 08:39 3103370B3? P•02
FPiz(:TIT??1 " S '!'r' 3'Ci11�ut
.e
0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administrative Services
SUBJECT:
Labor Relations Services - Consultant
[COUNCIL MEETING DATE:
October 2, 2000
........................ M ::: MMMMM.
N .......................................
N
R'CA----"A--T-T CHMEN.T.,
N . ..... ........ . . .................... ...
... .. ........ .... .
TATU
Ordinance (w/exhibits & legislative draft if ap2licable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full bE the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
jApproved as to form by City Attomey)
Not Applicable
Certificates of Insurance. (Approved by the City Attomey)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds if applicable)
Not Applicable
Staff Report if applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
L Findings/Conditions for Approval and/or Denial
Not Applicable
.. ......... . ......... ......... ... ........
...... . ...
. ....... EXPLANATION. FOR ATTACHMENTS
......... . ..........................
.. ........ . ......
............
NEXPLANATION FOR RETURN OF"ITEM . ...... .. .. .... ... ... .. ...
... .... ....... . . .................
... . ...... ...................................... ......... .. ... ...... .. . ... . ........................
RCA Author: William H. Osness
Jj CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINCTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
Liz Ehring, Deputy City Clerk II
To: C►L�Q. 2�
Date: q g Meeting Date: f �g �C� _ Agenda Item:
Proposed City Conngill Agenda Itgms: The City Cleric's Office/City Administrator's Office must return your
agenda item due to the following requirements that have not been met. When your Agenda Item ' ready to
resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration
I. I
Signature(s) Needed
A
On RCA
B
On Agreement �
C
�r
Other
2.
Attachments
A
Missing
B
Not identified
C
Other
3.
Exhibits
A
Missing
B
Not identified
C
Other
4.
Insurance Certificate (Proof Of Insurance)
A
Not attached
B
Not approved by City Anomey's Office
C
Signed corm notifying City Clerk that depa ment will be responsible for obtaining insurance certificate on this item. (See form attached)
5.
Wording On Request For CouncX Action (RCA) Unclear
A
Recommended Action on RCA of complete a-x� CAAe
B
Clarification needed on RCAAe't 4;�
Other gw G?.�G►' ,�
C
6.
City Attorney Apprg al Required
7.
Agreement Neegg To Be Changed
A
Page No.
8.
Other
G 9gandalms5dreafarm
a W "44
Council/Agency Meeting
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied
qP 0-"
City Clerk's Signature
Council Meeting Date: October 2, 2000
Department ID Number: AS 00-0038
CITY OF HUNTINGTON BEACH N x
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -:
SUBMITTED BY: RAY SILVER, City Administrator o ..v v _
PREPARED BY: JOHN P. REEKSTIN, Administrative Services Director 4
SUBJECT: APPROVE LABOR RELATIONS CONSULTANT SERVICES —
CONTRACT WITH LIEBERT CASSIDY
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City retain the firm of Liebert Cassidy to provide labor
relations consultant services to obtain labor agreements with the Police Officers Association
and Marine Safety Officers Association.
Funding Source: General Fund Account AA-ND-541-593-00.
Recommended Action:
1. Authorize the Mayor and the City Clerk to execute the new and separate agreement
between the City of Huntington Beach and Liebert Cassidy for legal services.
2. Approve the expenditure of funds.
Alternative Action(si: Select another firm to provide labor relations consultant services.
Analysis: The City's current agreement with the Police Officers Association (POA) and the
Marine Safety Officers Association (MSOA) expires on September 30, 2000. The City has
used a private sector labor relations consultant to serve as the City's representative in
meetings with representatives of employee organizations. This consultant, in conjunction
with the City Administrator, obtains policy direction from the City Council and works with City
staff to endeavor to reach agreement with employee oraganizations.
Numerous outside consulting firms have been utilized by the City as labor relations
consultants in the past. The firm of Liebert Cassidy has served in this capacity in
negotiations with POA and MSOA since January 1993. They are a large professional
corporation with extensive background in labor relations and have worked with the League of
California Cities over the years in establishing model labor relations programs and
ordinanaces for public agencies. The firm also specializes in training City staff and
managers in labor relations and related personnel issues. Liebert Cassidy has recently
merged with Whitmore, Johnson and Bolanos to create the firm of Liebert Cassidy and
Whitmore.