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HomeMy WebLinkAbout04. Consider renewal of contract with District labor and employment related counsel• ciD ummossimi Central Contra Costa Sanitary District October 24, 2016 TO: ADMINISTRATION COMMITTEE VIA: ROGER S. BAILEY, GENERAL MANAGER ANN SASAKI, DEPUTY GENERAL MANAGER FROM: TEJI O'MALLEY, HUMAN RESOURCES MANAGER‘l SUBJECT: CONTRACT RENEWAL FOR LABOR AND EMPLOYMENT RELATED LEGAL SERVICES WITH HANSON BRIDGETT AND PRINCIPAL COUNSEL W. DANIEL CLINTON, ESQ. In 2015, the District renewed the contract with Mr. Clinton for a one-year term ending December 31, 2016 with an option to extend for an additional year. Staff is now requesting that the District exercise this option at this time and retain the services of Mr. Clinton through December 31, 2017. Attached is a draft position paper outlining the reasons justifying the extension of the contract as well as a survey that was conducted with other comparable agencies related to the costs for their labor and employment related legal services. Mr. Clinton and staff will be available at the committee meeting to answer any questions. Attachments Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 3, 2016 Subject: RENEW THE CONTRACT FOR LABOR AND EMPLOYMENT RELATED LEGAL SERVICES WITH HANSON BRIDGETT AND PRINCIPAL COUNSEL W. DANIEL CLINTON, ESQ. EFFECTIVE JANUARY 1, 2017 THROUGH DECEMBER 31, 2017 Submitted By: Initiating Dept./Div.: Teji O'Malley Administration Human Resources Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. Sasaki — Deputy General Manager Roger a Bailey General Manager ISSUE: Renewal and/or amendment of the contract for labor and employment related legal services with Hanson Bridgett and Principal Counsel W. Daniel Clinton, Esq. requires approval by the Board of Directors. BACKGROUND: Mr. W. Daniel Clinton has provided the District with employment and labor related legal services for over 20 years, and the District has had a contract with his current firm, Hanson Bridgett, since 1998. In 2015, the District renewed the contract with Mr. Clinton for a one-year term ending December 31, 2016 with an option to extend for an additional year. Staff is now requesting that the contract with Hanson Bridgett and Mr. Clinton be extended for the additional year for the reasons outlined below. Mr. Clinton's historical knowledge of the District, along with his legal expertise, is extremely valuable to the District. During the past several years, there has been a large amount of turnover at the District, which has resulted in the loss of institutional knowledge. Mr. Clinton, with his advice and counsel, has been able to assist in maintaining consistency and continuity, which are critical for Human Resources related issues. Additionally, Mr. Clinton and Hanson Bridgett exhibit high levels of responsiveness and excellent customer service while providing proactive legal advice and counsel. ALTERNATIVES/CONSIDERATIONS: Do not renew the contract with Hanson Bridgett and principal counsel, Mr. Clinton, and direct staff to procure the services of a different firm specializing in labor and employment related legal services. FINANCIAL IMPACTS: The current rate for principal counsel, W. Daniel Clinton, is Page 1 of 2 POSITION PAPER Board Meeting Date: November 3, 2016 Subject: RENEW THE CONTRACT FOR LABOR AND EMPLOYMENT RELATED LEGAL SERVICES WITH HANSON BRIDGETT AND PRINCIPAL COUNSEL W. DANIEL CLINTON, ESQ. EFFECTIVE JANUARY 1, 2017 THROUGH DECEMBER 31, 2017 $410 an hour and was not increased in 2015. If the Board were to extend his contract, Mr. Clinton has requested a $10 per hour rate increase (2.4 percent) for the 2017 calendar year. COMMITTEE RECOMMENDATION: This matter was discussed at the Administration Committee meeting on October 24, 2016 and the Committee did not recommend/recommended Board approval to renew the contract. RECOMMENDED BOARD ACTION: Approve a one-year renewal of the existing contract with Hanson Bridgett and principal counsel, W. Daniel Clinton, Esq. for labor and employment related legal services, through December 31, 2017. Attached Supporting Document: 1. Contract with Hanson Bridgett LLP 2. Hourly Rate Comparison of Outside Labor Counsel for Sister Agencies CAUsers\CGranzella\AppDatalocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YTOD71EaRenew Hanson Bridgett (Clinton) Contract.docx Page 2 of 2 ATTACHMENT 1 'CONTRACT FOR LEGAL SERVICES BETWEEN CENTRAL CONTRA CCOSTA. SANITARY DISTRICT AND HANSON BRIDCETT LLP BY THIS AGREEMENT, made and entered into this first day of January 2016, by and between the CENTRAL CONTR.A COSTA SANITARY DISTRICT, a political subdivision, hereinafter referred to as the "District," together with the Law Firm of Hanson Bridgett LLP and \V. Daniel Clinton, hereinafter collectively relcrrcd to as "Labor Counsel for the District" or "Firm," the parties mutually agree as follows: SCOPE OF SERVICES ARTICLE 1: 1. Labor Counsel for the District, comprised o1'w. Daniel Clinton and such members or the firm of HANSON B R I I)C ETT LLP, as are deemed appropriate by the District and the Firm, shall perform labor and employment related services and legal representation on behalf of the District as directed by the Board of the District. Labor Counsel for the District shall work in a cooperative role with the District's management team through the General Kilanager. 2. It is anticipated that tabor counsel for the District wilt provide legal services as reasonably required to represent the District and as directed by the District. Labor Counsel will provide the Board and its management team with legal advice and representation on labor and employment related matters and shall take reasonable steps to keep District informed and respond to District inquiries. 3. The District may in its discretion refer litigation matters, labor negotiations and/or special projects to Labor Counsel far the District on a case -by --case basis, which matters will be handled pursuant to the compensation schedule and other terms herein, unless otherwise agreed by the parties; however, there is no requirement that the District refer such matters to the Firm, nor is there a requirement that the District use the firm exclusively thr all legal work concerning District labor and employment issues. COMPENSATION ARTICLE II: 1. Labor Counsel for the District will provide legal services from January 1, 2016 through December 31, 2016, at the hourly rates set forth on Appendix A, attached. At the District's sole discretion, this contract may be renewed For an additional year, from January 1, 2017 to December 31, 2017, at the hourly rates set forth on Appendix A, attached. 1 16203.1 1 2. Labor Counsel for the District will provide on a monthly basis documentation of actual hours worked by each member or the Firm, together with a designation of the case name and number, a description of'the activity undertaken, and the District staff member requesting the legal services. Labor Counsel for the District shall also make available to the District for audit all of such records so maintained, 3. The Firm's billing rates incorporate normal and routine administrative charges reflecting the costs of mailings, telephone, accounting, and use of other Firni cterical and administrative services. Other discreet, non -routine costs incurred by the Firm on behalf' of the District, shall be separately invoiced by the Firm and reimbursed by the District. Such reimbursable costs shall include costs such as, for example, expert witness fees, court .filing fees, deposition costs, travel costs outside of Contra Costa, Alameda and San Francisco, messenger services, overnight mailings, facsimiles, duplicating, and computer research charges. TERM OF THE AGREEMENT ARTICLE 111: The term o 1' this Agree ment shall be l rom January 1, 2016 through December 31, 2016, and it may be renewed at the District's sole discretion for an additional year, as set forth in Article 11. It is anticipated that this Contract may be extended with the mutual consent of each party thereafter. CONFIDENTIAL RELATIONSHIP ARTICLE IV: All dealings of the parties under this Agreement shall be confidential and no report, data, information, or communication developed, prepared, or assembled by Labor Counsel for the District under this Agreement shall be revealed, disseminated, or made available by Labor Counsel for the District to any person or organization other than the District without the prior knowledge and concurrence of the District. ASSIGNMENT ANI) LAWS ARTICLE V: Labor Counsel for the District shall not subcontract any of the work or assign any orits rights or obligations without the prior written consent of the District. This Agreement shall be governed by the laws of the State of Cali f oruia. NOTICES ARTICLE VI: All notices or other official correspondence relating to contractual maters between the parties hereto shall be made by depositing same in first-class, postage -paid mail addressed as follows: 3 1 1620 34.1 To Labor Counsel for the District: To District: W. DANIEL CLINTON, ESQ. RANSGN 13RIDGE`1~1- LLP 425 Market Street, 2611i Floor San Francisco, CA 94105 ROGER S. BAILEY General Manager CENTRAL CONTRA COST SANITARY 1)LSTR1C1 5019 'mbar Place Martinez, CA 94553 or to such other address as either party may designate hereinafter in writing delivered to the other party. CONFLICT OF INTEREST ARTICLE V11: Labor Counsel for the District promises and agrees that Labor Counsel for the District and members of his staff' shall avoid any actual or potential conflicts of interest. Labor Counsel for the District agrees to immediately notify the Board of Directors and the General Manager of any cases which may involve an actual or potential conflict of interest. INDEMNIFICATION ARTICLE V 111: Neither the District nor Labor Counsel for the District shall be required to indemnify the other party to this Agreement. Nothing in this Agreement is intended to limit or alter the rights of each party against the other party as such rights may exist under the laws of the State of California. INSURANCE ARTICLE IX: During the entire term of this Agreement and any extension or modification thereof, Labor Counsel for the District shalt keep in effect insurance policies providing coverage for general public liability, including lawyers' professional liability, and workers' compensation exposure at limits deemed acceptable by the District. Labor Counsel for the District shall provide Certificates of Insurance and other evidence of insurance, including copies of the policies as may be requested by the District to demonstrate that the above required insurance coverages are in effect. Automobile insurance coverage will be provided by the Finn through its general liability coverage or by the individual members of the Firm pursuant to their personal automobile policies, and such coverage shall be at levels acceptable to the District. TERMINATION 3 11620634 1 ARTICLE X: This Agreement may be terminated by either party, at its sole discretion, upon thirty (30) calendar days prior written notice; provided, however, if a court action(s) has been tiled, Firm may terminate this contract and withdraw f'ronn representation or District in such action(s) only with the District's consent or upon court approval. In event that W. Daniel Clinton were to leave the Firm of HANSON BRIDGI3TT LLP, or be unable or unwilling to continue to serve as Labor Counsel for the District as a member of said Firm for any reason, the District shall have the right to continue to direct I IANSON .BRIDG `TT I,LP, to perform such legal services as theDistrict deems advisable and to obtain other legal services in whatever manner the District deems advisable, or to immediately terminate the Agreement in the District's sole discretion. TERMS ARTICLE, XI: No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. ARTICLE HEADINGS ARTICLE XII: Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terns, covenants, and conditions of this Agreement. PARTIAL INVALIDITY ARTICLE XIII If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof' shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. SURVIVAL ARTICLE XIV: Notwithstanding the District's acceptance of the services or temiiiiation thcreofand payment therefor, Labor Counsel for the District shall remain obligated under- all clauses of this Agreement which expressly or by their nature extend beyond and survive such acceptance, termination and payment. 1162063,11 Notwithstanding the acceptance of the services of Labor Counsel for the District or termination thereof and payment therefor, the I3ish idt shall remain obligated under all clauses of this Agreement which expressly or by their natulle extend lac} and and survive such acceptance, termination and payment SIGNATURES ARTICLE XV: 1 hese signatures attest the parties' agreement hereto. CEN RAL CONTRA COSTA SAS{ IT Y DIS IR1C I' By B y : (//'‹ MICIJAEL R. McGI1 1 Presi ent, Board of Directors Attest: ELAINE R. BOEI IM I ;, Secretary of the District I IANSON BRIDGl , l 1 1,1.1' /1 4r W. DA i LJN I ON 11620614 1 APPENDIX A HANSON BRIDCETT LLP District Billing Rate District Billing Rate Attorney 01/0.112016 01101/20.17 W. Daniel Clinton $410.00 $420.00 Myron D. Moyc $400.00 $410.00 Rates for all other attorneys and legal assistants will be at a 10 percent (10%) discount of the Firm's regular billing rates. 11620634.1 ATTACHMENT 2 CCCSD Agency Firm (If not in house) Hanson Bridgett Title/Rank Hourly Rate Partner $410* Dublin San Ramon Services District Delta Diablo Oro Loma West County Wastewater Contra Costa Water District Las Gallinas Valley Sanitary District Napa Sanitation District Fairfield Suisun Sanitation District Union Sanitary District Alameda County Water District Liebert, Cassidy Whitmore Meyers Nave Meyers Nave Wiley, Price, and Radulovich Wiley, Price, and Radulovich Liebert, Cassidy Whitmore Meyers Nave Liebert, Cassidy Whitmore Wiley, Price, and Radulovich Hanson Bridgett Partner Of Counsel Of Counsel Partner Partner Partner Of Counsel Partner Partner Partner $350 $325 $246 $260 $280 $350 $250 $350 $295 $368 *$420 hourly rate proposed with contract extension from January 1, 2017 through December 31, 2017_ Senior or Equity CCCSD General Counsel Meyers Nave I Principal ** New proposed hourly rate of $350, effective October 1, 2016, if the Board approves the change. Fiscal Year 2015-16 CCCSD Legal Expenses Hanson Bridgett Meyers Nave IIIIIII 11 __1 I.i. I.1 I . I $123,154.20 $436,310.82 $325**