Loading...
HomeMy WebLinkAboutLiebert Cassidy Whitmore (LCW) - 2015-10-19AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LIEBERT CASSIDY WHITMORE FOR SPECIAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and LIEBERT CASSIDY WHITMORE, a professional corporation, hereinafter referred to as "Attorney." VNTHEREAS, City and Attorney are parties to that certain agreement, dated October 15, 2015, entitled "Agreement for Special Services," which agreement shall hereinafter be referred to as the "Original Agreement;" and Since the execution of the Original Agreement, City and Attorney ivish to amend the Original Agreement to reflect the additional work to be performed by Attorney, and extend the term of the Original Agreement, NOW, THEREFORE, it is agreed by City and Attorney as follo�,s: ADDITIONAL WORK Attorney shall provide to City such additional services as required by City. 2. TERM The term of the Agreement shall be extended for an additional six months following the original nine month terns which began on October 15, 2015. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. RLS 5/26/16/16-5271/137035 2/DO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers my 31, /,01 0 T CASSIDY WHITMORE, Ni nal Corporation print name (circle one) Chairma tesic�eitG ice President �J By print ame ITS: (circle one) Secretary/Chief Financial Officer/Asst, Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED A7TO FORM: ND APPROVED: RLS 5/26/16/16-5271/137035 2/DO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers —5e ju I; / LIEBERT CASSIDY WHITMORE, a Professional Corporation print name ITS: (circle one) Chairman/President/Vice President print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California A*WJ4044 Mayo ATTEST: r City Cl rk RLS 5/26/16/16-5271/137035 2/DO 2 Dept ID City Manager's Office Page 1 of 2 Meeting Date 10/19/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/19/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager SUBJECT: Approve and authorize execution of a nine month Agreement for Special Services related to Labor Negotiations, in an amount not to exceed $200,000, with Liebert Cassidy Whitmore (LCW), and, authorize a six month extension Statement of Issue To facilitate on -going labor negotiations for select bargaining units and to resolve associated labor relations issues, an agreement for special services is requested with the law firm of Liebert Cassidy Whitmore through the City Manager's office Per the City Charter Section 307, the City Attorney's Office is precluded from providing these services related to labor negotiations Financial Impact Expenditures not to exceed $200,000 and contingent upon length of time of labor negotiations It is estimated that utilizing an external negotiator for labor relations is approximately $30,000 per bargaining unit Currently, the City utilizes a lawyer from the law firm of Liebert Cassidy Whitmore for negotiations with the Huntington Beach Police Officers' Association and the Huntington Beach Firefighters' Association Additional services for consulting, representational and legal services related to employment relations matters are also included Based on City Council direction regarding use of external negotiators, the financial impact is a not to exceed amount Recommended Action A) Approve an agreement with Liebert Cassidy Whitmore for consulting, representational, and legal services pertaining to employment relations matters, including representation in labor negotiations and in administrative and court proceedings for a term of nine (9) months not to exceed $200,000, and, B) Authorize the City Attorney to extend the contract for a time period not exceeding six (6) months Alternative Action(s) Do not retain the services of Liebert Cassidy Whitmore and conduct negotiations utilizing City Staff outside of the City Attorney's Office Analysis Effective September 30, 2015, several of the City's labor agreements with its bargaining units expired This includes the Huntington Beach Police Officers' Association (POA), the Huntington Beach Firefighters' Association (HBFA), the Huntington Beach Fire Management Association (FMA), the Municipal Employees' Association (MEA) and the Surf City Lifeguards' Association Item 10. - 1 HB -2_2- Dept ID City Manager's Office Page 2 of 2 Meeting Date 10/19/2015 (SCLEA) The Management Employees' Organization memorandum of understanding expires November 1, 2015 City of Huntington Beach City Charter Section 307 reads (in part) "No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units " The City is currently utilizing LCW for the purpose of contract labor negotiations regarding select public safety bargaining units as it has in the recent past This practice is consistent with the City's principles concerning transparency in labor negotiations The City's current agreement with LCW, entered into in 2012, recently expired and therefore it is necessary to enter into a new agreement with LCW specifically for labor relations to continue to current slate of bargaining and to resolve associated labor relations issues The Agreement for Special Services was negotiated by the City Attorney's Office with LCW and is narrowly focused to include consulting, representational, and legal services pertaining to employment relations matters, including representation in labor negotiations and in administrative and court proceedings The term of the contract is also short term to reflect the need to conclude labor relations but does allow for the ability of the City Attorney, through request by the City Manager, to extend the term not more than six (6) months in order to conclude both POA and HBFA labor negotiations Additionally, a Request for Proposal (RFP) for legal services related to labor negotiations and labor relations will be issued by the Office of the City Attorney in FY 2015/16 Once this RFP is concluded and a new legal firm selected, the Human Resources Department will be able to use services under the new agreement Environmental Status Not applicable Strategic Plan Goal Enhance and Maintain City Service Delivery Attachment(s) 1 Agreement for Special Services (to be submitted as a Supplemental Communication) xB - Item 10. - 2 AGREEMENT FOR SPECTAL SERVICES This Agreement is entered into between the law firm of LIEBERT CASSTDY WHITMORE, a Professional Corporation ("Attorney"), and the CITY OF HUNTINGTON BEACH, 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. Attorney's Services Attorney agrees to provide the services of Peter Biown to the City fol legal consultation, representation, and other services peitammg to employment relations matters, including representation in labor negotiations and in administrative and court proceedings, as requested by City of otherwise requiied by law 3. Fees, Costs, Expenses City agrees to pay Attorney the sums billed monthly for time spent by Attoincy in providing the services, including seasonable t►avel time The cuiient range of hourly rates for Attorney time is from One Hundied Ninety to Three Hundred Fifteen Dollars ($190 00 - $315.00), and from Seventy -Five to One Hundied Fifty Dollars ($75.00 - $150.00) for time of paraprofessional and litigation support staff The total amount of attorney services for the terin of this Agreement is not to exceed $200,000 00 A rate schedule foi all Los Angeles and San Diego Attorneys, patapiofessionals and litigation support staff is attached hereto as Schedule A Any assigned Attoiney will ieview his or hei hourly sates on an annual basis and, if appiopiiate, adjust therm effective July 1, The City Attorney must pre -approve any adjusted rate for Attorney while worlung on matters for the City Attoiney will provide the City with wi itten notification of any adjustment in the range of rates. Attorneys, paraprofessional and litigation support staff bill their tirrie in ininimum units of one -tenth of an hour, Attorney woik on Motions that may exceed 7 houis of total work of memos that exceed 3 houis of total work must not commence until the Attoiney receives prior written consent of the City Attorney, City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City Attoiney bills photocopying charges at Fifteen Cents ($0 15) per page and facsimile charges at Fifty Cents ($0 50) pei page Payment by City against monthly billings is due upon receipt of staternents, and is considered delinquent if payment is not icecived within thirty (30) days of the date of the invoice The California Business & Plofessions Code requires us to inform you whether we maintain cirois and omissions insurance coveiagc applicable to the scivices to be iendeied to you, We hereby confirm that the firm does maintain such insurance coverage 4. Arbiti ation of Professional Liability or Other Claims Disputes If a dispute between City and Attoincy arises ovci fees chaigcd for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bai Fee Arbitiation Program, set forth in California Business and Professions Code, sections 6200 through 6206 The arbitrator of arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incuried, 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 uiy other aspect of the attorney -client relationship, including, without limitation, a claim for breach of 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 whcthei any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted cntnely, of were impiopeily, negligently or incompetently tendered) will be determined by submission to arbitiation as provided by California law, and not by a lawsuit or icsoit to court pioccss except as California law provides for judicial tevicw 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 patty is to bear its own attotney's fees and costs, S. File Retention Aftei out 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 out 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 futthet obligation to retain the rile and may, at our discretion, destroy it without fiitther notice to City. At any point during the seven (7) year per rod, City may request delivery of the file. 6. Assignment This Agreement is not assignable without the written consent of City, 7. Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agi cement, is an independent conti actor and not an employee of City 8. Authority The signatois to this Agreement iepiescnt that they hold the positions set foith below their signatures, and that they are authorized to execute this Agreement on behalf of their iespective parties and to bind their respective parties hereto 4 9. Term This Agtccmcnt is effccttvc Octobcr 15, 2015, and will conttnuc for a fixcd tcrm of nine (9) months, Otherwise, this agreement shall be terminable by either patty upon thirty (30) days written notice This agreement may be extended by the City Attorney, not to exceed a successive pen iod of six (6) months, LIEBERT CASSIDY WHITMORE, a Pioiessional Coipotatton IN pt int name ITS (circle one) Chamnan/Ptestdent/Viec Presidcnt AND By, IF � 1 IL ��- print n ITS, (circle one ecretat hie('Financial Offteei/Asst, S etaty—Tieasurer CITY OF HUNTINGTON BEACH, a municipal cot poration of the State of Caltfotnia REVIEW APPROVED: City ani ge INITIATED ATE APPROVED AS TO FORM: ttoiney Date In/ SCHEDULE A Liebert Cassidy Whitmore Hourly Billing Rates Billinz Rate Billing Rate Partners Associates Elizabeth Arce 315 Christopher Frederick 245 Bruce Barsook 315 Alison Kalinski 245 Steve Berliner 315 Paul Knothe 245 Michael Blacher 315 Diba Mor6 245 Peter Brown 315 James Oldendorph 245 Dan Cassidy 315 Jennifer Palagi 245 Melanie Chaney 315 Lee Patajo 245 Heather DeBlanc 315 Jennifer Rosner 245 Mary Dowell 315 Julie Strom 245 Jeffrey Freedman 315 Oliver Yee 245 Laura Kalty 315 Richard Kreisler 315 Hengameh Safaei 235 Mark Meyerhoff 315 Pilar Morin 315 Sarah Lustig 225 Melanie Poturica 315 Frances Rogers 315 Michelle Meek 220 Geoff Sheldon 315 Alex Polishuk 220 Scott Tiedemann 315 Danny Yoo 220 Brian Walter 315 Leighton Henderson 210 Of Counsel Christina Rentz 210 Adrianna Guzman 285 Judith Islas 285 Laara Silva 200 David Urban 285 Shardd Thomas 200 Stefanie Vaudreuil 285 Joshua Goodman 190 Associates Amir Katzir 190 Jolina Abrena 265 Stephanie Lowe 190 Paul Cooley 265 Alysha Stem -Manes 190 Chris Fallon 265 Max Sank 265 Paraprofessionals Jeff Stockley 265 Misty Jones 120 Gary Sakamoto 120 Alex Wong 255 Jean Springer 120 Joung Yim 255 E-Discovery & Litization Teehnoloffy Specialist David Avila 245 Sammy Oduro 75 Ryan Church 245 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 21, 2015 Liebert Cassidy Whitmore 6033 W Century Blvd , #500 Los Angeles, CA 90045 To Whom It May Concern Enclosed for your records is a copy of the fully executed "Agreement for Special Services" between the law firm of Liebert Cassidy Whitmore and the City of Huntington Beach Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities: Anjo, Japan ♦ Wartakere, New Zealand