HomeMy WebLinkAbout32- Personnel CIIV OF SAN BERNARDI. .3 - REQUE ,T FOR COUNCIL AC' N
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From: Roger DeFratis Subject: Authorizing execution of agreement
with Richards, Watson & Gershon
Dept: Personnel for consulting services relating
to labor relations matters.
Date: January 25 , 1988
Synopsis of Previous Council action:
Resolution 87-122 adopted April 7 , 1987 authorizing the execution of an agree-
ment with Richards, Watson & Gershon for consulting services relating to labor
relations matters.
Recommended motion:
Adoz)t Resolution
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Signature
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Contact person:_
Roger DeFratis Phone: 5008
Supporting data attached: Ward: —
FUNDING REQUIREMENTS: Amount: $19 , 000 . 00
Source: (Acct. No.) 001-111-53150
(Acct Description) Professional and contractural
services
Finance:,vi
Council Notes:
1 oC.
M { OF SAN BERNARDIwaO — REOUL.iT FOR COUNCIL AM ION
STAFF REPORT
The City has found it beneficial to have a professional negotiator
speak on it s behalf on labor relations matters. This past year meet
and confer sessions were successfully concluded with the general and
mid-management groups. This year new contracts will be developed with
general, police and fire units.
The firm of Richards, Watson and Gershon, represented by Coleman Walsh,
provides services to over fifty public agencies including San Bernardino.
Four other attorneys in the firm, serve as support and/or temporary
replacement, if necessary. The City is assured up-to-date professional
staff in the conducting of its meet and confer sessions.
The fees are less than or equal to those charged by other firms in this
business. The fee included telephone consultation and training sessions
for supervisors.
It is respectfully recommended that you adopt the resolution authorizing
the Mayor to enter into agreement with Richards, Watson and Gershon.
January 25 , 1988
RESOLUTION NO. —
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH RICHARDS, WATSON & GERSHON FOR
CONSULTING SERVICES RELATING TO LABOR RELATIONS MATTERS.
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. The Mayor of the City of San Bernardino is
6 hereby authorized and directed to execute on behalf of said City
7 an Agreement with Richards, Watson & Gershon for consulting
8 services relating to labor relations matters, a copy of which is
9 attached hereto, marked Exhibit "A" and incorporated herein by
10 reference as fully as though set forth at length.
11 I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of San
13 Bernardino at a _— _..___—__— meeting thereof, held on
14 the day of — _ 1988, by the
15 following vote, to wit:
16 AYES: _ _----- _--------_-_—_ _---------
17 _____----_ -_- --------- ------
18 NAYS: — ----_—_ ----- ------- -- ---- ------
19 ABSENT: ---
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21 ----- --__ -. ----------
City Clerk
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Resolution Authorizing the Execution of Agreement between
1 Richards, Watson & Gershon for Consulting Services Relating to
Labor Relations Matters, Cont 'd
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The foregoing resolution is hereby approved this day
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of 1988.
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7 Mayor of the City of San Bernardino
8 Approved as to form
and legal content:
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11 City Attorney
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1/13/88 2
1 AGREEMENT
2 (Negotiations Consultant)
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THIS AGREEMENT is made and entered into this day of
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1988, by and between the CITY OF SAN BERNARDINO, a
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municipal corporation, hereinafter referred to as "City" , and
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RICHARDS, WATSON & GERSHON, a professional corporation,
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hereinafter referred to as "Consultant" .
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1. Recitals .
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A. Consultant represents that it possesses all
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professional qualifications necessary to render the services to
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the City set forth herein, and City enters into this agreement in
12 reliance upon Consultant ' s express representations in regard
13 thereto.
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B. City desires to retain Consultant to perform
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certain labor relations services . A copy of Consultant ' s
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Proposal is attached hereto as Exhibit "A" and incorporated by
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reference as though fully set forth herein.
18 2 . Scope of Services. Consultant shall
P provide the
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following services in connection with negotiations with the
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General, Fire and Police Bargaining Units:
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A. Serve as chief negotiator .
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B. Provide representation at meet-and-negotiate
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planning and strategy sessions.
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25 C. Provide analysis and costing of employee
organization proposals.
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27 D. Provide drafting of City proposals.
28 E. Provide representation at impasse proceedings .
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1 F. Provide advice regarding the implementation of
2 strike planning strategies.
3 G. Provide advice concerning grievances.
4 H. Provide management training workshops .
5 3. Personnel . Consultant represents that it has, or
6 will secure at its own expense, all personnel required to perform
7 the services by Consultant called for under this agreement.
8 Consultant shall at all times be and remain an independent
9 contractor, and such personnel as may be employed by Consultant
10 shall not be employees or agents of City for any purpose.
11 4. Time of Performance. Services of Consultant are to
12 commence as soon as practicable after the execution of this
13 agreement, and shall continue until such time as memorandums of
14 understanding have been executed by both the General, Fire and
15 Police Bargaining Units.
16 5 . Compensation. City shall pay to Consultant a total
17 sum of NINETEEN THOUSAND AND N01100 DOLLARS ($19, 000. 00) for all
18 services provided under this agreement. There shall be no other
19 compensation payable to Consultant hereunder, and Consultant
20 shall be solely responsible for paying the expenses for all
21 services rendered to the City pursuant to this agreement.
22 Payment or payments to Consultant shall be made at such time or
23 times and in such periodic amounts as determined by the City
24 Administrator .
25 6. Assignability. The experience, skill and expertise
26 of Consultant is of the essence of this agreement. Consultant
27 shall not assign (whether by assignment or novation) this
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I agreement or delegate the duties or any right or interest
2 hereunder in whole or in part without the prior written consent
3 of City. Any assignment or attempt to assign this agreement
4 without such prior written consent or by operation of law shall
5 be void and shall constitute cause for termination.
6 7. Termination. City may terminate this agreement at
7 any time by giving written notice to Consultant of such
8 termination and specifying the effective date thereof at least
9 thirty (30) days before the effective date of such termination.
10 In such event, all finished and unfinished documents and other
11 materials shall, at the option of City, become its property. If
12 the agreement is terminated by City, Consultant will be entitled
13 to be paid all compensation for work performed to the date of
14 termination.
15 8. Amendments. Should City require changes in the scope
16 of the services of Consultant to be performed hereunder, such
17 changes, including any corresponding increase or decrease in the
18 amount of Consultant ' s compensation which shall be mutually
19 agreed upon by City and Consultant, shall be incorporated in this
20 agreement only by written amendments hereto.
21 9• Notices . All notices herein required shall be in
22 writing and delivered in person or sent by certified mail,
23 Postage prepaid, addressed as follows:
24 City Consultant
25 City Administrator Richards, Watson & Gershon
City of San Bernardino A Professional Corporation
26 300 North "D" Street 333 South Hope Street
27 San Bernardino, CA 92418 Los Angeles, CA 90071
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1 10. Hold Harmless. Consultant shall hold City, its
2 elective and appointive boards, commissions, officers, agents and
3 employees harmless from any liability for damage or claims for
4 damage for personal injury, including death, as well as from
5 claims for property damage which may result from Consultant ' s
6 professional errors or omissions. Consultant shall defend City
7 and its elective and appointive boards, commissions, officers,
8 agents and employees from any suits or actions at law or in
9 equity for damages caused, or alleged to have been caused by
10 Consultant' s professional errors or omissions.
11 11. Workers ' Compensation. Consultant ' s employees shall
12 be covered by workers ' compensation insurance in an amount and
13 form to meet all applicable requirements of the Labor Code of the
14 State of California and which specifically covers all persons
15 providing services on behalf of Consultant and all risks to such
16 persons under this agreement.
17 12. Entire Agreement. This Agreement and any documents or
18 instruments attached hereto or referred to herein integrate all
19 terms and conditions mentioned herein or incidental hereto, and
20 supersede all negotiations and prior writing in respect to the
21 subject matter hereof. In the event of conflict between the
22 terms, conditions or provisions of this Agreement, and any such
23 document or instrument, the terms and conditions of this
24 Agreement shall prevail .
25 IN WITNESS WHEREOF, the parties hereto have executed this
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1 agreement on the day and year first above written.
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3 CITY OF SAN BERNARDINO
4 BY
5 Mayor
6 ATTEST:
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8 RICHARDS, WATSON & GERSHON
A Professional Corporation
9 By
10 Its
11 Approved as to form
and legal content:
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13 City Attorney
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OUTLINE OF PROPOSAL
I. RICHARDS, WATSON & GERSHON'S APPROACH TO LABOR
NEGOTIATIONS
II. QUALIFICATIONS OF THE FIRM
A. Description of the Firm
B. Background of the Attorney
C. Prior Experience of the Firm
D. Partial List of Clients
E. Scope of Services
III. LABOR NEGOTIATIONS PROPOSAL
IV. CONCLUSION
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871222 lsj A148.cJY 1
I . RICHARDS, WATSON & GERSHON'S APPROACH TO LABOR
NEGOTIATIONS
Richards, Watson & Gershon approaches municipal
labor relations issues in a manner which sets it apart from other
law firms and consultants. It is the philosophy of the Firm to
recognize and resolve employee relations problems at the earliest
possible time and at the lowest possible cost to the client. The
Firm prides itself on providing practical and cost-efficient
solutions to all labor relations problems. As we develop a nego-
tiation strategy for the City of San Bernardino's specific needs
and problems, we will be guided by the City's responsibility to
maintain control of its workforce, exercise fiscal respon-
sibility, and be responsive to the needs of its citizens. Our
Firm believes that the client must always retain ultimate control
over all negotiation decisions while we analyze the negotiation
circumstances, present alternatives, and obtain the desired
results at the bargaining table. We believe that few negotiators
can examine a bargaining situation, determine the needs of the
client, and develop a legal strategy to achieve the client's
goals as effectively as Richards, Watson & Gershon.
In providing our services, the Firm always provides
quick access to qualified and experienced attorneys and a back-up
system for each attorney. In case of an emergency, an attorney
familiar with your situation is always available who can provide
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871222 lsj A148.CJY 1
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advice and guidance to the City. Telephone calls are either
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answered immediately or returned the morning or afternoon they
are received. Meetings are scheduled at the convenience of the
client.
We do not believe that the negotiation process ends
with the signing of the contract. At the conclusion of nego-
tiations, we are usually asked to conduct a training session for
all managers and supervisors which covers the changes made in the
memorandum of understanding and the effects those changes will
have on their jobs and the employees they supervise. Each
manager attending the training session receives a handbook
detailing the results and impact of the negotiations.
II. QUALIFICATIONS OF THE FIRM
A. Description of the Firm
Richards, Watson & Gershon is a firm of fifty
attorneys, with five attorneys specializing in the field of
public sector labor relations. The firm provides full legal and
labor relations services to more than fifty public agencies in
California.
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871223 kw A148.CJY 2
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B. Background of Chief Negotiator
Coleman J. Walsh, Jr. is the firm' s Senior
Employment Law Associate. Mr. Walsh will provide the negotiation
services to the City. Mr. Walsh's biography is attached.
C. Prior Experience
Richards, Watson & Gershon provides over fifty
public agencies in California with complete labor relations
services, ranging from periodic telephone advice to total labor
relations representation, including negotiations and repre-
sentation before administrative agencies and courts.
D. Partial List of Clients
City of Anaheim
City of Avalon
City of Carson
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City of Coachella
City of Hanford
City of Long Beach
City of Rancho Palos Verdes
City of Seal Beach
City of South E1 Monte
City of West Hollywood
Los Angeles County Transportation Commission
Leucadia Sanitation District
Orange County Sanitation District
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871222 lsj A148.cJY 1
Midway Sanitation District
Additional clients may be provided upon request.
E. Scope of Service - Labor Relations
The Richards, Watson & Gershon Employment Law
Department can provide a full range of legal services in
addition to acting as the City's negotiator. Specific services
which we provide include the following:
* Serve as Chief Negotiator.
* Representation at meet-and-negotiate planning
and strategy sessions.
* Analysis and costing of Employee Organization
proposals.
* Drafting of City proposals.
* Representation at impasse proceedings.
* Representation and implementation of strike
planning strategies.
* Management training workshops.
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871222 lsj A148.CJW 1
III. LABOR NEGOTIATIONS PROPOSAL
We propose to provide all services as directed by
the City Manager on the following basis:
Flat Fee
1st Unit $9 , 000
Each Additional Unit $5, 000
If the City wishes services may be provided on an
hourly rate basis.
IV. CONCLUSION
City governments in California are currently facing
challenges that were not even considered ten years ago. Public
employers must be prepared to deal with employees who may now
legally engage in strikes. Other factors influencing municipal
labor relations, which must be considered when a negotiator
position is selected, include the increased sophistication of
employee collective bargaining representatives, and the growing
number of State and Federal employment laws being applied to
municipal employees. All of these factors serve to accentuate
the necessity of the City obtaining the best employee relations
advice available. We believe that Richards, Watson & Gershon can
provide the City of San Bernardino with the finest labor rela-
tions representation in the State.
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871222 lsl A148.CJW 1
COLEMAN J. WALSH, JR.
COLEMAN J. WALSH, JR. is the senior employment law
associate in the law firm of Richards, Watson & Gershon.
Mr. Walsh is a 1977 graduate of Suffolk University Law School in
Boston, Massachusetts, and Cornell University's Graduate School
of Industrial and Labor Relations. Mr. Walsh represents public
and private employers in all areas of employment law, including
wrongful terminations, negotiations, strikes, arbitrations,
personnel system design and implementation, supervisory training,
preventive labor relations, wage and hour matters, and discri-
mination complaints. Mr. Walsh has negotiated collective bar-
gaining agreements with the American Federation of State, County,
and Municipal Employees, Teamsters, OPEIU, Laborers, and Steel-
workers, among others. He represents employers before all State
and Federal courts and governmental agencies, including the
Public Employment Relations Board, National Labor Relations
Board, Equal Employment Opportunity Commission, Department of
Fair Employment and Housing, and California Division of Labor
Standards Enforcement. Mr. Walsh is a frequent speaker before
employer and trade associations.
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871222 lsj A148.CJ4 1