Resolution No. 2012-194RESOLUTION NO. 2012-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR LEGAL SERVICES REGARDING PERSONNEL
AND LABOR LAWATTORNEYSERVICES
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified law firms toprovide legal advisory services
with respect to personnel and labor law matters on an on -call basis
and
WHEREAS, the City will seek specialized legal .advisory
services for personnel and labor law matters on an on -call basis
through a Request for Proposal process ("RFP"), consistent with the
Reform Efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF, THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to issue Ln
accordance with Vernon City Code Section 2.29-2, the RFP, a copy of
which is attached hereto as Exhibit A, to one or.more qualified law
firms, and to report to the City Council on the proposals received
with a recommendation for action.
SECTION-3: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may'have an effect on the
environment.
SECTION 4: The Acting City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Acting City Clerk of the City of Vernon shall
cause this resolution and the Acting City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 16th day of October, 2012.
Name: William J. Davis
Title:-- / Mayor Pro-Tem
ATTEST:
z 2
Ana Ba a, ep ty City Clerk
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-194,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, October 16, 2012, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this day of October, 2012, at Vernon, California.
(SEAL)
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Ana B ia, beCity Clerk
City of Vernon
Request for Proposals (RFP)
Legal Services
Personnel and Labor Law Attorney
Services
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City of Vernon
City Attorney's Office
4305 Santa Fe Avenue, Vernon Ca 90058
Phone: (323) 583-8811
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November 2012
I. INTRODUCTION AND PROJECT
The City of Vernon ("City") is currently seeking Proposals from law firms interested in
providing legal advisory services in Personnel and Labor Law on an "on call" basis for
specific "Service Areas" listed below.
The City will select one or more firms as Associate Counsel, based on demonstrated
competence and a cost effective approach to advising the City on personnel and labor
related issues.
It. BACKGROUND
The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is
located approximately 5 miles southeast of downtown Los Angeles California. Over its
long history Vernon has been developed as an industrial community. At the turn of the
201h century the lands that make up Vernon were comprised largely of farmlands. The
presence of three major rail lines in the area led influential business men and property
owners to encourage -the railroad companies to run spur lines onto the farmlands. These
rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's
Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon
became the location of choice for many heavy industrial plants. As economic conditions
changed over the decades, these large scale industrial operations have relocated out of
Southern California and Vernon has attracted smaller, lighter industrial facilities. The
City's business friendly environment, low cost utilities and key location for trucking and
rail transport continue to position Vernon as an ideal location for industrial uses.
City Government: The City Council consists of five members, elected from the City at -
large, who serve five-year staggered terms. The City Council annually appoints a Mayor
and a Mayor Pro Tem from its own membership to serve one-year terms.
Labor Force: Vernon has approximately 278 employees, and its departments include a
Fire Department, Police Department, Finance Department, Community Services and
Water Department, Light and Power .Department and Health Department. Present
bargaining units recognized include the Vernon Police Officers Association, the Vernon
Police Management Association, and the Vernon Fire Fighters Union. Several other
labor organizations have expressed an interest in setting up bargaining units within the
Vernon work Force. In addition, the City is in the process of modifying its employment
system from an "at will" to a civil service or merit system. It will also be undertaking 'a
personnel classification study as well as various compensation studies. It is adopting
revised personnel procedures. Vernon recently hired both a Human Resources Director
and a City Attorney.
IIL SCOPE OF SERVICE — SERVICE AREAS
The services would be in the nature of providing specialized legal advice in personnel and labor
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law matters in the specific Service Areas identified below. They would be provided on an "on
call" basis, and could be a request for advice on a specific problem, review of a document; or
more complex assistance in establishing a bargaining unit, or representing the City in an
arbitration or related litigation. Associate Counsel should demonstrate expertise in one or more
of the following Service Areas, and a contract may be awarded to one or more law firms for
different Service Areas, although the preference is for a single, all purpose firm:
A. Bargaining Units/Labor Union Service Area. The City has several recognized
bargaining groups, and additional groups may apply for recognition. Associate Counsel
may be asked to sit at the table during negotiations and to assist in developing standard
agreements with the bargaining groups. In addition, Associate Counsel may be asked to
provide day to day advice that might arise with respect to labor law.
B. Public Safety Service Area. Associate Counsel may be contacted directly by the Police
Chief or Fire Chief with specific personnel questions regarding public safety personnel.
This may include questions on The Peace Officer's Bill of Rights, review of use of force,
disciplinary actions, and internal investigations. Associate Counsel maybe asked to
make occasional court appearances on Pitchess Motions or related matters. Associate
Counsel may be asked to review policies on Police procedures before they are
recommended for adoption
C. Ongoing Personnel and Labor Advice Service Area. Associate Counsel may be asked
to respond to questions from the Director of Human Resources on matters that arise on a
day to day basis with respect to personnel and human resources matters. These could
include requests for advice on institutional matters, such as CalPERS issues, or individual
matters, such as disciplinary; matters:
D. Hearing, Arbitration and Litigation Matters Service Area. Associate Counsel may
be asked to represent the City in hearings, arbitrations or in litigation. Where these
matters are assigned, Associate Counsel will provide a written case evaluation and budget
.after initial consultation.
IV. QUALIFICATIONS & CRITERIA
A. Qualifications: The City of Vernon will select one or more law firms as
Associate Counsel for one or all of the outlined Service Areas on the basis
of qualifications, experience, and cost. The following are, the minimum
qualifications to be used to evaluate responses to this Request for
Proposal:
1. The proposer has advanced_ knowledge of the laws and practices
relating to personnel and labor relations within a municipal
government setting. These include some articulated knowledge of
the laws governing each of the Service Areas for which the
proposer wishes to be considered.
2. The proposer has a demonstrated track record of success in
handling all legal aspects of personnel and labor relations in the
Service Area being proposed.
3. Each proposer shall provide three references, preferably from
governmental entities, for relevant work performed in the past five
years. When possible, include references from cities of a similar
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size and character to Vernon. If the proposer does not have three
governmental entity references, references from private entities
may be provided.
4. The proposer can demonstrate understanding of the assignment and
knowledge of the skills necessary to serve in the role of Associate
Counsel.
B. Selection Criteria: The following items will be used to evaluate each
proposer:
1. 40% Qualifications, background and prior experience of the firm in
the Service Area(s) being proposed, experience of key staff
assigned to oversee legal services provided to Vernon, evaluation
of size and scope of similar work performed and success on that
work.,
2. . 30% Cost and fees to the City for handling matters. Cost is not the
sole determining factor but will be taken into consideration.
Proposer must offer services at a rate comparable to the rate
proposer offers to other governmental entities for similar work.
Offering a higher rate to the City than the comparable rate is
grounds for disqualification of the Proposer. If rates differ for
different types or levels of service, or for different Service Areas,
the Proposer should so state.
3. 10% Responsiveness to the RFP, and quality and responsiveness of
the proposal.
4. 20% References including past performance of proposer.
V. FORMAT AND DELIVERY RESPONSE
Respondents are asked to submit seven (7) copies of their proposals in sufficient detail to
allow for a thorough evaluation and comparative analysis. The proposal should include,
at a minimum, the following information in sectionalized format addressing all phases of
the work in the RFP.
A. Format: Limit your proposal to 20 typed 8.5" x I1" pages, or fewer, on
white bond paper of at least 20-pound weight single sided (excluding
cover letter and attachments). You may attach a law firm brochure if you
wish, but these must be as separate attachments and independent from the
required elements noted above.
1. Use a conventional typeface with a minimum font size of 12
points. Use a 1" margin on all boarders.
2. Organize your submittal in the order described above.
3. Provide one (1).unbound original of your firm's response and one
electronic version.
4. Prominently label the package: "RFP for Legal Services for
,Personnel and Labor Law Attorney Services" and include the name
of the prime respondent.
Deliver the response to:
City of Vernon
Attention: [identify staff and office]
4305 Santa Fe Avenue
Vernon, CA 90058
5. Responses are due on or before 5:00 p.m., on [specify date], 2012.
Late responses will not be accepted.
6. If you have any questions about this RFP, please contact Eva Muro
at (323) 583-8811 ext. 273
B. Cover Letter: All proposals shall include a cover letter which states that
the proposal shall remain valid for a period of not less than ninety (90)
days from the date of submittal. If the proposal contemplates the use of
sub -contractors, the sub -contractors shall be identified in the cover letter.
If the proposal is submitted by a business entity, the cover letter shall be
signed by an officer authorized to contractually bind the business entity.
With respect to the business entity, the cover letter shall also include: the
identification of the business entity, including the name, address and
telephone number of the business entity; and the name, title,, address and
telephone number of a contact person during the proposal evaluation
period.
C. Introduction: Present an introduction of the proposal and your
understanding of the assignment and significant steps, methods and
procedures to be employed by the proposer to ensure quality deliverables
that can be delivered within the required time frames and your identified
budget.
D. General Scope of Work: Briefly summarize the scope of work as the
proposer perceives or envisions it for each Service Area proposed.
E. Work Plan: Present concepts for conducting the work plan and
interrelationship of all products. Define the scope of each task including
the depth and scope of analysis or research proposed.
H. Fees and costs: Although an important aspect of consideration, the
financial cost estimate will not be the sole justification for consideration.
Negotiations may or may not be conducted with the proposer; therefore,
the proposal submitted should contain the proposer's most favorable terms
and conditions, since selection and award may be made without discussion
with any firm. All prices should reflect "not to exceed" amounts per item.
I. Ability of the Proposer to Perform: Provide a detailed description of the
proposer and his/her/its qualifications, including names, titles, detailed
professional resumes and past experience in similar work efforts/products
of key personnel who will be working on the assignment. Provide a list of
specific related work projects that have been completed by the proposer
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which are directly related to the assignment described in this RFP. Note
the specific individuals who completed such project(s). Identify role and
responsibility of each member of the project team. Include the amount of
time key personnel will be involved in the respective portions of the
assignment. Respondents are encouraged to supply relevant examples of
their professional product. Provide a list of references.
The selected firm shall not subcontract any work under the RFP not assign
any work without the prior written consent of the City.
J. Affidavit of Non -Collusion. Proposer must submit a completed and
signed, "Affidavit of Non -Collusion." (Copy Attached as Exhibit A).
VI. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents
time to address such changes. Addenda, changes, and amendments, if made, will be
posted on the City's website (www.cityofvernon.org), which is deemed adequate notice.
A proposer may make a request to the City's project coordinator to be placed on a list of
persons to receive notice of any such addenda, changes, or amendments. The preferred
manner of communications is via e-mail due to its timeliness.
VII. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers
qualified as prime contractors, or award a contract to any respondent. The
City reserves the right to amend or cancel this RFP without prior notice, at
any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any individual or
organization in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of
the City shall affect or modify any terms of this RFP. Oral
communications or any written/e-mail materials provided by any person
other than designated contact staff of City shall not be considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or
all Proposals without prior notice and to waive any minor irregularities or
defects in a Proposal. The City reserves the right to seek clarification on a
Proposal with any source.
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F. The dates, times, and sequence of events related . to this RFP shall
ultimately be determined by the City. The schedule shown above is
subject to change, at the sole discretion of the City, although the City will
attempt to follow it and, if it must be altered; will attempt to provide
reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this RFP, or the
City, without prior written approval of the City.
H. All submitted proposals and information includedtherein or attached
thereto shall become public record upon delivery to the City
Administrator's Office. -
VIII. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
IX. STANDARD TERMS AND CONDITIONS.
Prior to the award of any work hereunder, City and proposer shall enter into the written
contract attached hereto, for services on an on -call basis, as an Exhibit B. Proposers
responding to this RFP are strongly advised to review all the terms and conditions of the
Contract.
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EXHIBIT A
AFFIDAVIT OF NON -COLLUSION
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
being first duly sworn deposes
and says that he/she is
(Insert "Sole Owner", 'Partner", 'President, "Secretary", or other proper title)
of
(Insert name of bidder)
who submits herewith to the City of Vernon a proposal;
That all statements of fact in, such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone
attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or
anyone else interested in the proposed contract; and further
That prior to the public opening and reading of proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from
bidding or withdraw his proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference
with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix
any overhead, profit or cost element of his proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof, or to any
individual or group of individuals, except the City of Vernon, or to any person or persons who,
have a partnership or other financial interest with said bidder in his business.
I certify under penalty of perjury that the above information is correct
By: Title:
Date:
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ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) BETWEEN THE CITY OF
VERNON AND [ASSOCIATE COUNSEL]
COVER PAGE
Associate Counsel
[insert name of Associate Counsel]
Responsible Principal of Associate Counsel:
[insert name, title]
Notice Information - Associate Counsel
[insert name of Associate Counsel]
[insert street address]
[insert city; state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
Notice Information - City:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: [insert department head]
[insert department head title]
Telephone: (323) 583-8811 ext. [insert]
Facsimile: [insert fax number]
Commencement Date:
[insert commencement date]
Termination Date:
[insert termination date] .
Consideration:
Total not to exceed $[insert amount]
(includes all applicable sales tax)
Records Retention Period
[insert number of years contractor must
retain records]
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ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) BETWEEN THE CITY OF
VERNON AND [ASSOCIATE COUNSEL]
THIS AGREEMENT is entered as of 2012, between the City of Vernon
("City"), a California charter City and California municipal corporation ("City"), and [Associate
Counsel's Name], a [State incorporated in] corporation ("Associate Counsel"). City and
Associate Counsel are collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the City, acting through its City Attorney, desires to engage Associate
Counsel, in association with the City Attorney, to assist the City Attorney in providinglegal
advisory services in various Personnel and Labor Law matters on an "on call" basis; and
WHEREAS, Associate Counsel possesses the skills, qualifications and experience
necessary to assist as Associate Counsel in said matters; and
WHEREAS, the City Attorney of the City of Vernon, herein referred to as "City Attorney,"
is the Chief Legal Advisor for the City and is charged with.the responsibility of protecting the
interest of the City, its Council, officers, employees and agents, as provided for by California law
and the Charter and ordinances of the City.
NOW, THEREFORE, the Parties agree as follows:
1.0 Scope of Services.
Associate Counsel hereby is associated as Counsel of Record in
association with the City Attorney to perform such legal services as may be required from time
to time in connection with specific transactional matters and other legal matters as specified in
Exhibit A, hereto. a principal member of the firm of Associate
Counsel, shall be responsible for the performance of services hereunder, shall personally
handle all significant matters, and shall supervise any services performed by other members of
Associate Counsel's firm and by its employees. It is understood that the City Attorney is chief
counsel of record for all purposes, and Associate Counsel's performance hereunder shall be
under the direction and supervision of the City Attorney, that Associate. Counsel shall coordinate
its services hereunder with the City Attorney to the extent required by said City Attorney, and
that all performances required hereunder by Associate Counsel shall be performed to the
satisfaction of said City Attorney.
2.0 Time of Performance and Term.
The services of Associate Counsel are to commence upon the signing
hereof ("Effective Date"), and the written assignment of particular matters, and shall be
undertaken and completed in such sequence as to assure their completion as expeditiously as
is consistent with professional skill and care. This Agreement shall terminate on [provide firm
date no later than three (3) years from the Effective Date].
3.0 Budgetinq. Associate Counsel handling specific City matters will be
expected to institute and to adhere to budgeting and planning procedures in the sole discretion
of the City Attorney. The general framework of the litigation budgeting and planning procedures
is as follows:
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3.1 Budget:
3.1.1 Associate Counsel shall, if requested by the City Attorney,
provide a plan and a Budget, or revisions thereof, which
will include a projection of recommended steps to be taken
in the assigned matter and a range of costs for each step.
The Plan and Budget will be reviewed and updated as
necessary, at least every twelve months, or as more
frequently requested by the City Attorney:
3.1.2 The budget shall include an estimate of the attorney's
hours, fees and disbursements during each phase and
activity.
3.1.3 The budget should include the anticipated cost of each line
item, the time allotted to complete it and the professional
level of the person handling it.
3.1.4 Each line item should be given a code number that can be
used in the billing process and in preparation of updated
progress reports.
3.1.5 The budget is not a fixed fee agreement and is subject to
revision. However, Associate Counsel understands and
agrees that failure to timely submit a budget or major
unjustified deviations therefrom may constitute a breach
and result in termination of this Agreement with Associate
Counsel.
3.2 Plan.
3.2.1 In addition to the budget, Associate Counsel shall prepare
a plan, at least every twelve months, or as more. frequently requested. The plan will start as an
initial evaluation (before substantial costs are incurred) and shall include, with a discussion: a)
anticipated total costs; b) the primary issues, and c) tasks toward completion
3.2.2 The City Attorney shall be consulted by Associate Counsel
regarding the component.parts of projects/cases handled so that the City Attorney can
determine, or secure a determination from the City Council, as appropriate, tactics, strategy and
whether a particular activity makes sense from an economic standpoint or can be done more
economically in another fashion.
3.2.3 The City Attorney is to be consulted regarding staffing of
litigation and is to be advised of any significant shift in staffing.
3.2.4 The City Attorney is to be provided with copies of any
billing manuals or directions for billing practices in use by Associate Counsel within thirty (30)
days of signing this Agreement.
4.0 Compensation, Reimbursement and Methods of Payments.
4.1 Compensation.
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Associate Counsel has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in Los
Angeles Counties for the same services. Fees for all services provided hereunder by all billers
shall be charged in accordance with Exhibit B, which is attached hereto and fully incorporated
herein by reference. Associate Counsel's total compensation under this Contract shall not
exceed the amount of [state amount in dollars] without the prior approval of City Council and
written amendment of this Contract.
4.2 Reimbursement.
In addition to the compensation provided above, the City will reimburse
Associate Counsel only for the following expenses: printing, copying costs (not to exceed 15
cents a page), long distance telephone calls, faxes, transcription fees, reporter's fees and
ground transportation (not to exceed 44.5 cents a mile). Any other expense (e.g., travel
expenses or travel time beyond Southern California) must be approved by the City Attorney in
writing and in advance. No compensation shall be allowed for general overhead or support
services such as typing, word processing, secretarial time of any nature (normal, overflow or
overtime), clerical work, Lexis or Westlaw, equipment rental, calendaring, setting up files,
updating files, computer time or service, nor any other expense not itemized in the approved
Case Budget or otherwise approved by the City Attorney. There shall be no mark-ups on
outside services.
4.3 The City Attorney must approve in advance any single disbursement item
in excess of $500.00, including, but not limited to, investigators, copying and experts. Requests
for costs exceeding $500.00 shall contain a recommendation of alternative information services,
including use of City employees. Associate Counsel will use City Staff in lieu of outside experts
whenever feasible,
4.4 The City expects moderation with regard to all expenses.
4.5 Method of Billing.
Unless otherwise agreed Associate. Counsel shall provide monthly bills unless
charges for a particular month are insignificant. The following information must be provided in
monthly bills:
A. A detailed description of work, in time increments of .1 hour (one tenth of an
hour) for and by each and every individual billing services. Associate
Counsel shall keep the City advised regarding the identity and the billing
rates of those people who work on the litigation account.
B. Identification of the lawyer who is in charge of the matter.
C. Detailed disbursement breakdowns, including the nature and purpose of each
disbursement.
D. Each billing item will be separately stated on a separate line identifying the
biller, the time spent and the exact nature of the service rendered. Narrative
billing and block billing are unacceptable. For example, if numerous tasks
are undertaken in one day, each should be identified with a specified time for
performing that task, i.e. a telephone call, a court appearance, a meeting or
legal research. All tasks performed on the same day should be entered as
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separate entries, identifying the time spent on each. Telephone conferences
should specify the participants and the subject matter discussed. The City
will not pay for vague descriptions for services which do not state the precise
nature of the work performed and the need for the work. Words such as
"research", "strategy", "analysis", "discovery", "conference", "preparation",
"case management", "memorandum", "correspondence", "telephone call" or,
"meeting", without an explanation of (1) the specific topic or subject matter,
(2) the persons involved, and (3) the need therefor, do not allow
accountability and are therefore unreimbursable.
E. The City will not pay for interoffice conferences among attorneys/billers
unless a conference is a necessary strategy meeting relating to some
significant legal issue or event, such as an upcoming trial, and then only one
attorney may be billed. Where charges are made for conferences, the
specific reason and need for each conference must be stated in detail, and
the participants identified.
F. Where charges are made for research time, the specific issue being
researched and the need must be identified. City has retained Associate
Counsel for its expertise, and therefore expects not to be billed for
introductory or background research. The City will not pay for attorneys, law
clerks and paralegals educating themselves or doing work of a transient
nature on the case.
G. The City expects the attorney assigned to the case to handle all significant
matters in the litigation. If other attorneys are assigned to assist the primary
attorney, the City must be notified. The City may request that the assigned
work be instead handled by the primary attorney. Thus, only those attorneys
or persons approved in advance by the City may bill on the case. Resumes
will be provided for all persons (other than clerical or secretarial) working on
the case.
H. No more than two support staff may bill on a particular case without the prior
approval of the City.
I. One paralegal may be used. Assignment of work to such paralegal should
not result in duplicative work by the attorneys, or reworking of paralegal's
work. Paralegal shall not perform clerical work, such as filing, indexing, date -
stamping, organizing, etc., but shall perform work such as research,
summarizing depositions, investigation, interviews of witnesses, etc.
J. Upon request, each item billed must be coded to a specific budget line item,
so a bill may be easily compared with the approved budget.
K. A tracking system must be set up to periodically, at least every six months,
compare the amount of work completed to a percentage of the budget
absorbed.
L. The City Attorney reserves the right to request various levels of detail and
specific formats (such as columnar comparisons with established budgets).
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M. The City will not pay for more than one biller doing any task (e.g. two or more
attorneys attending the same depositions or the same court appearances, a
biller redoing the work of another biller, or duplicative entries for reviewing
and analyzing documentation and legal research).
N. Photocopies of deposition transcripts shall be made whenever possible to
reduce deposition expenses.
O. No finance charge or interest will be paid by the City, nor billed by Associate
Counsel.
4.6 Timing of Payment.
The City shall pay Associate Counsel for services rendered and costs
incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis.
5.0 Engagement of Other Counsel, Specialists or Experts.
Associate Counsel shall not engage or otherwise incur an obligation to pay
other counsel, specialists or experts for services in connection with this Agreement without the
prior written approval of the City Attorney.
6.0 Termination of Agreement and Legal Services.
Subject to the applicable provisions of the Rules of Professional Conduct of
the State Bar of California, this Agreement and all legal services to be rendered hereunder may
be terminated at any time by written notice from either party with or without cause.. In such
event, all finished or unfinished documents, project data and reports, both originals and all
duplicate copies, in all forms and media requested by the City, shall immediately be turned over
to the possession of City, which owns all such materials. In the event of such termination,
Associate Counsel shall be paid for all satisfactory work, unless such termination is made for
cause, in which event compensation, if any, shall be adjusted, in the City's sole discretion, in
light of the particular facts and circumstances involved in such termination.
7.0 Interest of Members of Local Public Agency.
No member of the governing body of the City, and no other officer, employee
or agent of the City who exercises any discretion, function or responsibility in connection with
the carrying out of any project to which this Agreement pertains, shall have any personal
interest, direct or indirect, in this Agreement.
8.0 Interest of Counsel
Associate Counsel agrees to secure the informed written consent of the City
Attorney before accepting any representation adverse to the City (actual or apparent) during the
term of this Agreement, and to forego such representation if the City Attorney, in his sole
discretion, objects for any reason.
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9.0 General Procedures.
9.1 Copies of major documents, correspondence and periodic status
reports shall be submitted to keep the City Attorney advised of any
major developments in the matter. Once the plan is approved, the
firm need not advise the City of each and every step being taken. As
long as the firm is complying with the plan, the firm should provide
periodic reviews and information on significant matters. The City does
not, however, want boilerplate routine letters announcing each and
every procedural step being taken.
9.2 All correspondence to the City shall reference the City Attorney File
Number.
10.0 Policy for Investigation and Discovery Assistance.
A copy of the City Attorney's Policy for Investigation and Discovery
Assistance is attached hereto as Exhibit C which is attached hereto and fully incorporated
herein by reference.
11.0. Conflict of Interest.
Associate Counsel certifies that no member, officer or employee of the
Associate Counsel is an officer or employee of the City of Vernon except to the extent permitted
by law.
12.0 Maintenance and Inspection of Records.
12.1 The City and any other Federal, State or local governmental agency, and
any of their authorized auditors or representatives, shall have access to, and the
right to audit and reproduce any of Associate Counsel's records to the extent the
City or such other governmental agency deems necessary to ensure that City is
paying only the amounts to which Associate Counsel is properly entitled or for
other purposes relating to the Agreement.
12.2 Associate Counsel shall maintain and preserve all such records for at
least three (3) years after termination of the Agreement or until an audit has been
completed and accepted in writing by City. Upon written notice by the City, the
Associate Counsel shall promptly make all such records available to auditors or
other representatives of the City or other governmental agencies.
12.3 If Associate Counsel does not maintain such records in the City of
Vernon, Associate Counsel shall either deliver said records at its expense to
Vernon or shall promptly reimburse City for all reasonable costs incurred in
conducting the audit at a location other than the City of Vernon, including, but not
limited to, expenses for personnel, salaries, private auditors, lodging, meals and
overhead.
13.0 Indemnity.
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13.1 Associate Counsel agrees to indemnify, hold harmless, release
and defend (even if the allegations are false, fraudulent or
groundless), to the maximum extent permitted by law, and covenants
not to sue, the City, its Council and each member thereof, and its
officers, employees, commission members and representatives, from
any and all liability, loss, suits, claims, damages, costs, judgments
and expenses (including attorney's fees and costs of litigation) which
in whole or in part result from, or arise out of, or are claimed to result
from or to arise out of, any performance under this Agreement, or any
acts, errors or omissions (including, without limitation, professional
negligence) of Associate Counsel, its employers, representatives,
subcontractors, or agents in connection with the performance of this
Agreement.
13.2 This Agreement to indemnify includes, but is not limited to,
personal injury (including death at any time) and property or other
damage (including, but without limitation, contract or tort or patent,
copyright, trade secret or trademark infringement) sustained by any
person or persons (including, but not limited to, companies, or
corporations, Associate Counsel and its employees or agents, and
members of the general public).
14.0 Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Associate Counsel, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in anyone calendar day and 40 hours in anyone calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hoursworkedin excess of 8 hours per day at not less than 11/2 times the
basic rate of pay.
LivingWages. In addition, Associate Counsel, or Subcontractor, if any; working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
15.0 INSURANCE.
Associate Counsel shall, at its own expense, procure and maintain policies
of insurance of the types and in the amounts set forth below, for the duration of the Agreement,
including any extensions thereto.
15.1 Automobile Liability with minimum limits of at least
$100,000/300,000/500,000 if written on a personal automobile liability
form, for using a personal vehicle; or an amount of $500,000 including
owned, hired, and non -owned liability coverage if written on a
Commercial automobile liability form.
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15.2 General Liability with minimum limits of at least $1,000,000
combined single limits written on an Insurance Services Office (ISO)
Comprehensive General Liability "occurrence" form or its equivalent for
coverage on an occurrence basis. Premises/Operations and Personal
Injury coverage is required. The City of Vernon, its Council,
commissioners, officers, employees, agents and volunteers registered
with the City of Vernon must be endorsed on the policy as additional
insureds as respects liability arising out of the Associate Counsel's
performance of this Agreement.
15.3 Professional Errors and Omissions coverage in a sum of at least
$1,000,000. If a claims -made policy is obtained, a "tail" of at least three
years shall be purchased if non -renewed within three (3) years of
completion of performance under this Agreement. Applicable
aggregates must be identified and claims history provided to determine
amounts remaining under the aggregate.
15.4 Associate Counsel shall comply with the applicable sections of
the California Labor Code concerning workers' compensation for injuries
on the job. Compliance is accomplished in one of the following
manners:
15.4.1 Provide copy of permissive self-insurance
certificate approved by the State of California; or
15A.2 Secure and maintain in force a policy of workers'
compensation insurance with statutory limits and
Employer's Liability, Insurance with a minimal limit
of $1,000,000 per accident. The policy shall be
endorsed to waive all rights of subrogation
against City, its Council, commissioners, officers,
employees, and volunteers for losses arising from
performance of this Agreement; or
15.4.3 Provide an insurance exemption form certifying
that no employees subject to workers'
compensation law will be used in performance of
this Agreement.
15.4.4 Each in policy included in this clause
shall be endorsed to state that coverage shall not
be canceled except after thirty (30) days' prior
written notice to City.
15.4.5 Insurance shall be placed with insurers with a
. Best's rating of no less than B:VIII.
15.4.6 Prior to commencement of performance,
Associate Counsel shall furnish City with a
certificate of insurance for each policy. Each
certificate is to be signed by a person authorized
by that insurer to bind coverage on its behalf.
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The certificate(s) must be in a form approved by
City. City may require complete, certified copies
of any or all policies at any time.
15.4.7 Failure to maintain required insurance at all times
shall constitute a default and material breach In
such event, Associate Counsel shall immediately
notify City and cease all performance under this
Agreement until further directed by the City. In
the absence of satisfactory insurance coverage,
City may, at its option: (a) procure insurance with
collection rights for premiums, attorney's fees and
costs against Associate Counsel by way of set-off
or recoupment from sums due Associate
Counsel, at City's option; (b) immediately
terminate this Agreement; or (c) self insure the
risk, with all damages and costs incurred, by
judgment, settlement or otherwise, including
attorney's fees and costs, being collectible from
Associate Counsel, by way of set-off or
recoupment from any sums due Associate
Counsel.
16.0 Choice of Forum.
The parties hereby agree that this Agreement is to be enforced in
accordance with the laws of the State of California, is entered into and/or is to be performed in
the City of Vernon and that all claims or controversies arising out of or related to performance
under this Agreement shall be submitted to and resolved in a forum within the County of Los
Angeles at a place to be determined by the rules of the forum.
17.0 Incorporation by Reference.
This contract incorporates by reference the Request for Proposal and
specifications therein, and all attachments, and the Proposal by Associate Counsel, and all
attachments.
18.0 Order of Precedence.
In case of conflict between the terms of this Agreement and the terms in
any document attached as an exhibit or otherwise incorporated by reference, the terms of this
Agreement shall strictly prevail.
[Signatures Begin on Next Page].
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IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
[ASSOCIATE COUNSEL], a [State
and California municipal corporation
incorporated in] corporation
By:
By;
Mayor / Mayor Pro-Tem
Name:
Title:
ATTEST:
By:
Dana Reed, Acting City Clerk
Name:
Title:
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
LAW FIRM
XXXXXXXXXXXXXXXX
Los Angeles, CA xxxxx
(900) xxx-xxxx
Nicholas George Rodriguez
City Attorney
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Plaintiff v. City of Vernon
City Attorney. No.: 00000
Dear Mr. Rodriguez:
The following hourly fees are agreeable:
A) John Jones, Partner $xxx.00
B) John Roe, Associate xxx.00
C) One paralegal xx.00
Very truly yours,
xxxxxxxxxxxxxxxxxx
For the Firm
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EXHIBIT C
POLICY FOR INVESTIGATIONAND DISCOVERY ASSISTANCE
The following sets forth the policy of this office regarding investigation and other assistance in
the defense of liability cases involving the City of Vernon or City employees. The objective is to
provide current and long-range investigative assistance and guidance on all liability cases.
1. Copies of the summons, complaint and claims investigation reports, if available, will be
forwarded to Associate Counsel upon assignment of the lawsuit to defense counsel.
2. Associate Counsel, in evaluating the lawsuit, is to advise the City Attorney as to further
investigative needs. The services of an investigating agency, approved by the City
Attorney, may be requested to assist Associate Counsel in their investigation. The agency
is to furnish this office with copies of all its reports.
3. After receiving Associate Counsel's request, the investigating agency commences the
specified investigation and outlines its recommendations for additional investigation, but
does not commence such additional investigation until specifically requested by Associate
Counsel to do so.
4. In addition to investigation, the investigating agency assists with such discovery, needed
diagrams, photographs and other information as may be requested by Associate Counsel.
5. Associate Counsel is requested to review the claims investigation file sent with the
assignment of defense so as to preclude unnecessary or duplicate investigative expenses.
6. Copies of the Vernon Municipal Code and other City documents can be readily obtained
from the City Attorney's Office.
7. Attendance at mandatory settlement conferences will include only, Associate Counsel and
an attorney from the City Attorney's Office. Neither the Claims Coordinator nor
investigators shall attend unless specifically requested to do so by this office.
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EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
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'LC VEECOv
EIVED
OCT 0 4 2012
CITY ADMINISTRATION
Staff Report
City Attorney's Office �--
DATE: October 3, 2012 C
TO: Honorable Mayor Pro Tern and City Council
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: RFP - Legal Services for Personnel/Labor Law Attorney
Background
By virtue of a contract approved by the City Council in 2008, and then amended in 2010,
Liebert, Cassidy & Whitmore ("Liebert") is handling assigned personnel litigation and advising
on special labor matters on a day-to-day basis. In addition, staff is working with Liebert on
certain elements of the Reform Efforts, specifically, modifying Vernon's employment system
from an "at will" to a civil service or merit system and with some of the technical aspects of that
transition. In the interest of continuity, and making progress in this aspect of the Reform Efforts,
staff will continue to work with Liebert under that existing contract, in ongoing personnel
matters, and in finalizing those projects over the next few months. Liebert will continue to
handle assigned litigation until that litigation is resolved.
In addition, Liebert offers membership to Cities throughout the region in their "Gateway Public.
Employment Relations Consortium" at a cost of $2,722.00 per year. The Director of Human
Resources has significant compliance responsibilities both inside and outside the department. As
a member of the "Consortium", Vernon will have access to general resources which help ensure
compliance in areas such as the Fair Labor Standards Act, Family Medical Leave Act,
CaIOSHA, Americans with Disabilities Act (ADA) and other related employment law issues.
Human Resources laws change constantly and participation in the Consortium affords, the
Director of Human Resources the ability to stay up-to-date on current laws to establish and
maintain appropriate policies and communicate them to the employees. The annual fee is paid
through the Human Resources Department by way of purchase order and continued membership
of the City of Vernon is expected.
In accord with the Reform Efforts, staff proposes to issue a Request for Proposals from law firms
interested in providing legal advisory services pertaining to Personnel and Labor Law issues on
an "on call" basis, as Associate Counsel. These are specialized areas of legal practice, and
Vernon needs to supplement in-house counsel with attorneys who specialize in labor and
personnel practice. The intent is to issue the RFP prior to the end of the calendar year, and to
return to the City Council with a recommendation of a firm in early 2013.
Although the preference is for a single, all purpose firm, the contract may be awarded to one or
more law firms for the following Service Areas. Moreover, Liebert, Cassidy & Whitmore will
still be eligible to submit aProposal to continue to handle the Service Areas:
A. Bargaining Units/Labor Union Service Area. The City.has several recognized
bargaining groups, and additional groups may apply for recognition. Associate Counsel
may be asked to sit at the table during negotiations and to assist in developing standard
agreements with the bargaining groups. In addition, Associate Counsel may be asked to
provide day to day advice that might arise with respect to labor law.
B. Public Safety Service Area. Associate Counsel may be contacted directly by the Police
Chief or Fire Chief with specific personnel questions regarding public safety personnel.
This may include questions on The Peace Officer's Bill of Rights, the Firefighter's Bill of
Rights, review of use of force, disciplinary actions, and internal investigations. Associate
Counsel may also be asked to make occasional court appearances on Pitchess Motions or
related matters. Associate Counsel may be asked to review policies on Police procedures
before they are recommended for adoption
C. Ongoing Personnel and Labor Advice Service Area. Associate Counsel may be asked
to respond to questions from the Director of Human Resources on matters that arise on a
day to day basis with respect to personnel and human resources matters. These could
include requests for advice on institutional matters involving Ca1PERS, or individual
matters, such as discipline.
D. Hearing, Arbitration and Litigation Matters Service Area. Associate Counsel
may be asked to represent the City in hearings, arbitrations and/or litigation. Where these
matters are assigned, Associate Counsel will provide a written case evaluation and budget
after initial consultation.
Recommendation
It is hereby recommended that the City Council approve a Request for Proposals, in essentially
the form attached hereto, for law firms to provide legal services on an "on call" basis regarding
Personnel and Labor law issues. The Request for Proposals structures a competitive selection
process, where the contract would be awarded on the basis of both qualifications and price
according to a predetermined and weighted scoring system. The Request for Proposals
conforms to best and accepted practices for securing professional services. .Finally, the Request
for Proposals requires the proposing law firms to establish rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in Los
Angeles County for the same, or similar services. A Notice of Request for Proposals will be
published in the Daily Journal, which is the legal publication in the greater Los Angeles area
which will reach the largest number of legal professionals. City Council is also asked to find this
action exempt under the California Environmental Quality Act (CEQA) in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment.
cc: Nicholas Rodriguez
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 31, 2012
TO: Nicholas Rodriguez, City Attorney
FROM: Ana Barcia, Deputy City Cleric
RE: Resolution No. 2012-194 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for Legal Services Regarding
Personnel and Labor Law Attorney Services
Transmitted herewith is a copy of Resolution No. 2012-194 referenced above, which was approved by
City Council on October 16, 2012.
Thank you.
AB: yb
Attachment
c: Resolution No.2012-194
Eva Muro