HomeMy WebLinkAboutLiebert Cassidy Whitmore - Legal Services - Employee Relations Matters - 2003ANNUAL RETAINER AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into this 1S` day of September, 2003, between the CITY OF
NATIONAL CITY, A Municipal Corporation (hereinafter "City") and the law firm of LIEBERT
CASSIDY WHITMORE, A Professional Corporation (hereinafter "Attorney").
WHEREAS City desires to retain expert representation and consulting services to assist
City in its relations and negotiations with its employee organizations; and
WHEREAS Attorney is specially experienced and qualified to perform the services desired
by the City and is willing to perform such services:
NOW, THEREFORE, City and Attorney agree as follows:
1. At the direction of the City Manager, or his/her designee(s), Attorney shall perform
for the City all necessary and reasonable services relating to employer -employee organization
relations and employment relations, including the providing of expert advice to the City Council
and City Manager or their designee(s), representing City in negotiations with employee
organizations, the drafting of Memorandums of Understanding, planning, reporting and study
sessions with City Management, and assistance in administering Memorandums of Understanding
and personnel ordinances and rules.
2. For Attorney's aforesaid services performed under this Agreement, City shall pay
Attorney an annual retainer fee of $20,000 for one bargaining unit negotiation. Said fee is
payable as follows; Five Thousand Seven Hundred Dollars ($5,700.00) within thirty (30) days
from the effective date hereof, and eleven (11) monthly payments of One Thousand Three
Hundred Dollars ($1,300.00) on or before the first day of each month during the balance of the
term hereof; plus necessary costs and expenses as authorized by the City: provided however, the
Date
City may, at its option, compensate Attorney for additional unit negotiations at the hourly rates
provided for under paragraph 3 below. Said fees shall be payable on the fifteenth day of each
month during the term hereof conunencing on the effective date of this agreement.
3. Representation in connection with administrative hearings and court proceedings
are not covered under the basic services hereunder. Attorney shall, upon request of the City,
provide such representation at the rate of between One Hundred Sixty and Two Hundred Sixty
Dollars ($160.00 - $260.00) per hour for the actual time such representation services are
rendered, plus necessary costs and expenses authorized by the City. Daniel Cassidy's billable rate
is $240.00 per hour. Steve Berliner's billable rate is $190.00 per hour.
4. The term of this Agreement is twelve months, commencing. September 1, 2003,
through August 31, 2004. The term may be extended for additional periods of time by the written
consent of the parties.
5. It is understood and agreed by the parties that Attorney is and shall remain an
independent contractor under this Agreement.
The parties have caused this Agreement to be executed and to be effective the day and year
first above written.
LIEBERT CASSIDY WHITMORE
A Professional Corporation
By /r \
411 03
, 2003
2
CITY OF NATIONAL CITY
A Municipal Corporation
By
Nick Inzunza, Mayor
Date October 7 , 2003
I. PUBLIC AGENCY FEE SCHEDULE
(Hourly Rates)
Partners $225.00 - $260.00
Associates $160.00 - $200.00
Of Counsel $225.00 - $240.00
Graduate Legal Assistants $l 10.00
Law Clerks $95.00
Paralegals $95.00
II. COST SCHEDULE
121011.1
1. Photocopies $ 0.15 per copy
2. Facsimile Transmittal $ 1.00 per page
3
6033 West Century Boulevard, Suite 500
Los Angeles, California 90045
Tel: (310) 981-2000 • Far (310) 337-0837
National City
1243 National City Blvd.
National City, CA 91950
LIEBERT CASSIDY WHITMORE
Attn: Rudy Hradecky
Sr. Assistant City Attorney
Re: Retainer Agreement
Dear Mr. Hradecky:
A PROFESSIONAL LAW CORPORATION
September 23, 2003
5
153-Townsend'Street;Suite 52iV
San Francisco, California 94107
Tel: (415) 512-3000 • Fax (415) 856-0306
03 SEP 20
0: VI
At the direction of Dan Cassidy and Steve Berliner, enclosed find the renewal of the Annual
Retainer Agreement for Special Services between Liebert Cassidy Whitmore and the City of
National City. Please have the contract signed and retum a copy to the Los Angeles office to my
attention.
Should you have any questions or need any clarifications regarding the above, please do not
hesitate to contact me at (310) 981-2075.
Enclosure
121296.1
Sincerely,
LIEBERT CASSIDY WHITMORE
Paul Hessing
Accounting Manager
www.lcwlegal.com
1TY
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 7, 2003
C1-00 3-301
AGENDA ITEM NO. 3
ITEM TITLE
PREPARED BY Patt Zamary
336-4300
EXPLANATION
RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW AN AGREEMENT
WITH THE LAW FIRM OF LIEBERT CASSIDY WHITMORE TO PROVIDE SPECIAL
SERVICES PER I G TO EMPLOYMENT RELATION MATTERS
1
erim DirectuePARTMENT
Human Resources
The proposed action would extend the Agreement with Liebert Cassidy Whitmore under
which that firm is retained for assistance on employee relation matters. The previous
Agreement expired on August 31, 2003. The new contract year would run from September
1, 2003 through August 31, 2004.
Under the proposed Agreement, similar services would be provided at no increase in
retainer costs. Funds are budgeted in the 2003-04 budget.
This service has proven to be highly effective and useful during the previous term of the
Agreement by providing City access as needed to a labor relations legal specialist who is
familiar with National City.
CEnvironmental Review N/A
Financial Statement
Total fee of $20,000 is budgeted.
Approved By:
Finance Direc
Account No.001-4i9-000-213
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Proposed Resolution
Proposed Agreement
Resolution No. 2003-138
A-200 (9:99)
RESOLUTION NO. 2003 — 138
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE
A RETAINER AGREEMENT WITH THE LAW FIRM OF
LIEBERT CASSIDY WHITMORE TO PROVIDE
SPECIAL LEGAL SERVICES PERTAINING
TO EMPLOYEE RELATIONS MATTERS
BE IT RESOLVED by the City Council of the City of National City that the
City Manager is hereby authorized to enter into an agreement with the law firm of
LIEBERT CASSIDY WHITMORE to provide special legal services pertaining to
employee relations matters. Said agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 7th day of October, 2003.
Niclztrtunza,'tvrayor
ATTEST:
d/
Michel R. Da la, City Clerk
APPROVED AS TO FORM:
I�
George �Eiser, III
City Attorney
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
October 16, 2003
Ms. Melanie M Poturica
Managing Partner
Liebert, Cassidy & Frierson
6033 W Century Blvd Suite 601
Los Angeles CA 90045
Dear Ms. Poturica,
On October 7, 2003, Resolution No. 2003-138 was passed and adopted by
the City Council of the City of National City, authorizing the City Manager
to execute a retainer agreement with the law firm of Liebert Cassidy
Whitmore to provide special legal services pertaining to employee relations
matters.
We are forwarding a certified copy of the above Resolution and a fully
executed Retainer Agreement.
Sincerely,
Martha L. Alvarez
Deputy City Clerk
/mla
Enclosure
cc: City Manager
File No. C2003-39
M Recycled Paper