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HomeMy WebLinkAbout32- Personnel CIIV OF SAN BERNARDI. .3 - REQUE ,T FOR COUNCIL AC' N wp 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 v Signature g 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: --- 20 21 ----- --__ -. ---------- City Clerk 22 28 Resolution Authorizing the Execution of Agreement between 1 Richards, Watson & Gershon for Consulting Services Relating to Labor Relations Matters, Cont 'd 2 3 The foregoing resolution is hereby approved this day 4 of 1988. 5 6 7 Mayor of the City of San Bernardino 8 Approved as to form and legal content: 9 t 11 City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1/13/88 2 1 AGREEMENT 2 (Negotiations Consultant) 3 THIS AGREEMENT is made and entered into this day of 4 1988, by and between the CITY OF SAN BERNARDINO, a 5 municipal corporation, hereinafter referred to as "City" , and 6 RICHARDS, WATSON & GERSHON, a professional corporation, 7 hereinafter referred to as "Consultant" . 8 1. Recitals . 9 A. Consultant represents that it possesses all 10 professional qualifications necessary to render the services to 11 the City set forth herein, and City enters into this agreement in 12 reliance upon Consultant ' s express representations in regard 13 thereto. 14 B. City desires to retain Consultant to perform 15 certain labor relations services . A copy of Consultant ' s 16 Proposal is attached hereto as Exhibit "A" and incorporated by 17 reference as though fully set forth herein. 18 2 . Scope of Services. Consultant shall P provide the 19 following services in connection with negotiations with the 20 General, Fire and Police Bargaining Units: 21 A. Serve as chief negotiator . 22 B. Provide representation at meet-and-negotiate 23 planning and strategy sessions. 24 25 C. Provide analysis and costing of employee organization proposals. 26 27 D. Provide drafting of City proposals. 28 E. Provide representation at impasse proceedings . 1 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 28 2 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 28 3 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 26 28 4 1 agreement on the day and year first above written. 2 3 CITY OF SAN BERNARDINO 4 BY 5 Mayor 6 ATTEST: 7 8 RICHARDS, WATSON & GERSHON A Professional Corporation 9 By 10 Its 11 Approved as to form and legal content: 12 13 City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 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 -1- 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 -1- 871222 lsj A148.CJY 1 ''"+► advice and guidance to the City. Telephone calls are either I 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. -2- 871223 kw A148.CJY 2 i 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 i 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 -3- 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. -4- 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. -5- 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. -6- 871222 lsj A148.CJ4 1