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RPVCCA_CC_SR_2012_11_12_01_Agreement_For_Special_Services_And_Designate_Mgmt_RepsCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR and CITY COUNCIL MEMBERS CAROLYN LEHR,CITY MANAGER .c9- NOVEMBER 12,2012 APPROVAL OF AGREEMENT FOR SPECIAL SERVICES AND DESIGNATE MANAGEMENJ,REPRESENTATIVES RECOMMENDATIONS 1.Approve the Agreement for Special Services with Liebert Cassidy Whitmore to provide the City with consulting,representational and legal services pertaining to employment relations matters and negotiations;and 2.Adopt Resolution No.2012-,amending Resolution No.2011-85 to change the designation of the City's principal management representative to Peter Brown of Liebert Cassidy Whitmore,the City's Labor Relations Counsel,in cooperation and consultation with the Human Resources Manager. BACKGROUND and SUBCOMMITTEE WORK On October 18,2012,the City Council Compensation Subcommittee comprised of Councilwoman Susan Brooks and Councilman Jerry Duhovic met along with Management Staff regarding several compensation and benefit topics.During the meeting,the Subcommittee discussed the possibility of interviewing for legal counsel to serve as the City's principal management representative--along with the City's Human Resources Manager for meet and confer (negotiations)with the Rancho Palos Verdes Employee Association (Association).Previously,the City Council had designated its current employee relations attorney to serve in this capacity.The Council Subcommittee,however,supports the designation of separate legal counsel from the City's day-to-day employment relations counsel,as provided by the law firm of Richards,Watson &Gershon. Subcommittee Members Brooks and Duhovic considered recommendations of qualified labor attorneys,and subsequently interviewed Peter Brown of Liebert Cassidy Whitmore. Both Subcommittee Members noted Mr.Brown's highly specialized practice and concluded that the City would be well-served by approving a Special Services Agreement with Liebert Cassidy Whitmore.His professional background summary is attached.The Subcommittee, 1-1 together with City staff,recommend that the City Council designate Peter Brown as the City's principal management representative in negotiations with the Association,working with the City's Human Resources Manager and supported by other representatives of management as desired. FISCAL IMPACT The proposed Agreement for Special Services with Liebert Cassidy Whitmore calls out Attorney fees that range from $180.00 to $300.00 per hour,with Peter Brown himself currently charging $300.00 per hour.This fee schedule is higher than the City's current agreement with Richards,Watson &Gershon for employment relations services,and if the contract with Mr.Brown is approved and charges are more extensive than the budget provides,staff will advise the City Council if a budget modification should become necessary. Attachments:Proposed Agreement for Special Services Bio for Peter J.Brown,Liebert Cassidy Whitmore Resolution No.2012--..;" 1-2 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 RANCHO PALOS VERDES,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 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. The current range of hourly rates for Attorney time is from One Hundred Eighty to Three Hundred Dollars ($180.00 -$300.00),and from One Hundred Five to One Hundred Forty Dollars ($105.00 -$140.00)for time of paraprofessional staff.Peter Brown's current hourly rate is $300.00.Attorney reviews its hourly rates on an annual basis and,if appropriate,adjusts them effective July 1.Attorney will provide the City with written notification of any adjustment in the range of rates.Attorneys and paraprofessional staff bill their time in minimum units of one-tenth of an hour. 642836.1 RA025-001 1 1-3 Communications advice (telephone,voice-mail,e-mail)is billed in a minimum increment ofthree-tenths (.30)of an hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City.Attorney bills photocopying charges at Fifteen Cents ($.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 ifpayment is not received within thirty (30)days ofthe 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 ofthe attorney-client relationship,including,without limitation,a claim for breach of 642836.1 RA025-001 2 1-4 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 Iff" before a jury,and instead are accepting the use of arbitrafion.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.IfCity 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. 642836.1 RA025-001 3 1-5 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.Authority 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 oftheir respective parties and to bind their respective parties hereto. 9..Term This Agreement is effective November 1,2012,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. LIEBERT CASSIDY WHITMORE, A Professional Corporation By:_ Name:---------- Title:_ Date:---------- 642836.1 RA025-001 4 CITY OF RANCHO PALOS VERDES,A Municipal Corporation By:_ Name:---------- Title:_ Date:---------- 1-6 I.PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners Of Counsel Associates Paraprofessionals II.COST SCHEDULE 1.Photocopies 2.Facsimile Transmittal 642836.1 RA025-001 5 $300.00 $265.00 '1' $(80.00 -$245.00 $105.00 -$140.00 $0.15 per copy $0.50 per page 1-7 EBERT I HITMO Peter J.Brown Partner Los Angeles Tel:310.981.2000 Fax:310.337.0837 Peter Brown has been involved in all areas of Liebert Cassidy Whitmore's practice since 1989,representing public agencies in litigation,collective bargaining negotiations and many different types of administrative hearings.Peter has a unique talent in promptly developing an expertise in most..Qftfie laws which impact our public agency clients such as the Fair Labor Standards Act,the Family Medical Leave Acts,and the state labor relations laws.Many of the firm's clients have come to rely on his advice in guiding them in these constantly changing areas of law. Peter has also distinguished himself as a sought-after speaker,author and trainer on topics that impact our firm's clients.He speaks at numerous conferences throughout the state of California and nationally on public sector labor and employment law topics. Peter is one of the most prolific and popular presenters in the firm's renowned training activities.Although Peter spends much of his time out of the office in court,hearings,workshops and negotiations,he finds that the most enjoyable part of the practice of public sector labor and employment law is advising clients how to resolve day-to-day problems."Helping people resolve a difficult problem is very gratifying.It is why I went to law school." "I want the client to not only know the answer,but specifically what the law says.I show them the law.Most people are visual." Peter has also published numerous articles and authored the CPER pocket guide to Family and Medical Care Leave.He also co-authored Chapter 4 (Leaves of Absence)of the California Public Sector Employment Law book,State Bar of California/LexisNexis (2011). Education JD,Hofstra University School of Law,New York BA,State University of New York at Binghamton Legal Expertise Audit Services Education Law Employment Law Labor Relations and Negotiation Services Public Safety Wage and Hour ©2012 Liebert Cassidy Whitmore.All rights reserved. 1-8 EB RT IDyWH Representative Matters Appellate: Williams v.Chino Valley Fire District (2011)-A disability retired fire captain contended that he was entitled to his job back after he over-came his disabilities.LCW attorneys argued that as a retiree,he was not entitled to his job back.The San Bernardino Superior Court disagreed and ordered that he be given the first available Fire Captain position.The LCW attorneys brought a writ to the California Court of Appeal and the Court of Appeal reversed the Superior Court,issuing the writ and agreeing with their argument that the law did not entitle Mr.Williams to a job with the fire district.The Supreme Court also denied review on June 8,2011. Negotiations: City of Santa Ana Police,Fire and General Employee Negotiations (2011-2012)-As the Chief Negotiator for the City of Santa Ana,Brown recently was tasked with helping the City who was faced with a $30 million budget deficit.Brown was successful in negotiating savings with the Police Association in excess of $1 0 million and negotiating with the Fire Association whose services were contracted to the Orange County Fire Authority by reaching an agreement which also saved in excess of $10 million per year.An agreement was also reached with Brown as the Chief negotiator with the general employees unit which also saved millions of dollars to help the City address their significant deficit. City of Beverly Hills -Police,Police Management and Fire Associations (2011-2012)-As the Chief Negotiator for the City of Beverly Hills between late 2011 and early 2012,Brown successfully negotiated collective bargaining agreements with the Police and Police Management Associations and is finishing negotiations with the Fire Association.All the agreements addressed the Council's priority of pension reform and other important savings measures. City of Tustin -Police,Police Management,Safety Support and General Employee Associations (2011)- As the Chief Negotiator for the City of Tustin,Brown successfully negotiated four collective bargaining agreements with the each of the four employee associations in Tustin which resulted in significant savings for the City and addressed the pension reform which with the City Council was concerned.Tustin,like many California cities continues to receive significant increases to their pension costs and these goals of the negotiations process were realized. Long Beach Community College District-Faculty Negotiations (2011)-As the Chief Negotiator,Brown was able to negotiate an agreement with the faculty in a way that saved the District hundreds of thousands of dollars while having minimal impact on the faculty.Primarily,modifications were made to health insurance options in a creative manner acceptable to the faculty and the Board of Trustees. City of Claremont -four employee associations (2011)-Mr.Brown served as the Chief negotiator for the City of Claremont reaching agreements with all four of their non-safety employee associations which included pension concessions to address pension costs which added to the City's budget issues.The concessions require the employees to pay all of the employee contributions over a three year period.The agreements also brought labor peace and stability to the City. Ventura Regional Sanitation District-Two employee associations (2011)-Mr.Brown successfully negotiated collective bargaining agreements with both the SEIU and IUOE bargaining units resulting in ©2012 Liebert Cassidy Whitmore.All rights reserved.2 1-9 LIE ASSIDVWHITMORE J. savings to the District who was faced with a significant budget deficit.Those savings came from pension reform as well as other concessions. Awards Top Labor &Employment Lawyers,Daily Journal,2012 NPELRA President's Award,2012 Selected for inclusion in Southern California Super Lawyers 2007-2010,2012 CalPELRA Award of Excellence,2006 Publications Employee Personnel Records:Less Confidential Than You May Think,Small School District Association Newsletter,March 2012,with Connie C.Almond Figuring Out the FMLA,The Recorder,January 2009 It's Time To Revisit Your "At-Will"Employment Policies In The California Public Sector,League of California Cities Personnel and Employee Relations Department Winter 2007 Newsletter,January 2007 The Law Has Not Changed:Police Officers Still Don't Get Paid For Getting Dressed And Putting On Gear,Public Safety Labor News,November 2006 Preventive Measures for Public Employers,The Recorder,California's Legal News Source,August 2006,with David Urban Failure To Properly Calculate Overtime May Invite A Lawsuit For Your Agency,League of California Cities Summer 2006 Personnel &Employee Relations Department Newsletter,June 2006 "Collective Actions"By Public Employees Under The Fair Labor Standards Act -What They Are And How Public Employers Can Avoid Them,Cal Law,June 2006,with David Urban From Don to Doff Shalt Thou Pay,California Public Employee Relations Journal,Issue 177 April 2006, April 2006 Governing Body Access to Employee Information,March 2004,with Adrianna Guzman How To Avoid The Legal Pitfalls of Providing Compensatory Time Off,July 2002 Hot Topics:This Year,Employers Had Better Keep a Close Eye on Age Discrimination,Privacy and Disabilities Issues,January 1999 Presentations ©2012 Liebert Cassidy Whitmore.All rights reserved.3 1-10 LIE E ASS ITMORE J. Leaves,Leaves and More Leaves -Central Coast Personnel Council ERC -April 26,2013 Preventing Workplace Harassment,Discrimination and Retaliation -National Public Employer Labor Relations Association -Annual Conference -San Antonio -April 11,2013 Labor Management:Point Counterpoint -National Public Employer Labor Relations Association - Annual Conference -San Antonio -April 10,2013 FLSA -National Public Employer Labor Relations Association -Annual Conference -San Antonio -April 9,2013 FLSA -National Public Employer Labor Relations Association -San Antonio -April 9,2013 'i" Accommodating Bad Behavior:We're Not Going to Take It -Northern CA CCD ERC -Webinar - February 8,2013 Accommodating Bad Behavior:We're Not Going to Take It -Central CA CCD ERC -Webinar - February 8,2013 Accommodating Bad Behavior:We're Not Going To Take It -SCCCD ERC -Webinar -February 8, 2013 Annual FLSA Update -California Public Employer Labor Relations Association Annual Conference - Monterey -December 5,2012 Town Hall Meeting -The Association of Chief Human Resource Officers (ACHRO)-Stateline -October 25,2012 FEHA/ADA Case Studies -You Couldn't Make This Stuff Up -The Association of Chief Human Resource Officers (ACHRO)-Stateline -October 25,2012 Labor Negotiations Eh What's Up Doc -Public Employer Labor Relations Association of California (PELRA)-Marina del Rey -October 11,2012 Academy III:The Negotiation Process -National Public Employer Labor Relations Association and PELRAC -Marina del Rey -October 10,2012 Public Sector Employment Law Update -Western Region Intergovernmental Personnel Assessment Council-EI Segundo -September 28,2012 Preventing Workplace Harassment,Discrimination and Retaliation -City of Manhattan Beach - Manhattan Beach -July 10,2012 AB646:Mandating Fact-finding For MMBA Agencies Training -Liebert Cassidy Whitmore and PELRAC -Webinar -December 15,2011 ©2012 Liebert Cassidy Whitmore.All rights reserved.4 1-11 RESOLUTION NO.2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO.2011-85 REGARDING THE DESIGNATION OF THE CITY'S MANAGEMENT REPRESENTATIVE WHEREAS,on October 18,2011,the City Council adopted Resolution No.2011- 85 to recognize the Rancho Palos Verdes Employees Association (Association)as an employee organization for purposes of employer-employee relations under the MMBA; and WHEREAS,Resolution No.2011-85 designated the Human Resources Manager ,in cooperation and consultation with the City's labor counsel to implement the resolution in conformance with the MMBA and to serve as the City's principal management representative to meet and confer with the Association,as required "by the MMBA;and WHEREAS,the City Council wishes to change the desi~n'ation of the City's principal management representative; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND,DETERMINE AND RESOLVE AS FOLLOWS: Section 1:Section 4 of Resolution No.2011-85 is hereby amended to read as follows: "Section 4:Peter Brown,the City's Labor Relations Counsel,in cooperation and consultation with Steve Larson,the Interim Human Resources Manager,is authorized and directed to implement this resolution in conformance with the MMBA and to serve as the City's principal management representative in all matters of employer-employee relations,and they shall serve as the City's representatives to meet and confer with the Association,as required by the MMBA." Section 2:This Resolution will take effect immediately. PASSED,APPROVED and ADOPTED this ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) 1505237 of November 2012. Mayor 1-12 I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above Resolution No.2012-_was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November _,2012. City Clerk 1505237 1-13