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HomeMy WebLinkAboutItem 29 - Approve Agreements for Special and Limited Legal Counsel ServicesHuman Resources www.santa-ana.org/hr Item # 29 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Approve Agreements for Special and Limited Legal Counsel Services AGENDA TITLE: Approve Master Agreements for Legal Counsel Services with the Following with the Following Firms: Atkinson, Andelson, Loya, Ruud, & Romo ("AALRR"); Liebert Cassidy Whitmore ("LCW"); Barboza & Associates; Oppenheimer Investigations Group; Four Star Investigations; Steve Filarsky; and Burke, Williams, & Sorenson ("BWS") (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a Second Amendment to the Agreement with AALRR to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and 2. Authorize the City Manager to execute a First Amendment to the Agreement with LCW to provide special legal counsel services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and 3. Authorize the City Manager to execute a First Amendment to the Agreement with Barboza & Associates to provide limited legal services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and 4. Authorize the City Manager to execute a First Amendment to the Agreement with Oppenheimer Investigations Group to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and 5. Authorize the City Manager to execute a First Amendment to the Agreement with Four Star Investigations to provide limited legal services not to exceed $150,000 for the Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 2 duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and 6. Authorize the City Manager to execute a First Amendment to the Agreement with Steve Filarsky to provide special legal counsel services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and 7. Authorize the City Manager to execute a First Amendment to the Agreement with BWS to provide special legal counsel services not to exceed $350,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has contractual relationships with AALRR, LCW, Barboza & Associates, Oppenheimer Investigations Group, Four Star Investigations, Steve Filarsky, and BWS for special legal counsel services. The master agreements will provide the Human Resources Department with the resources necessary to efficiently meet the specialized legal needs of the City, on an as needed -basis. All of the aforementioned legal entities have specialized experience and expert knowledge in the fields of employment and labor law matters. The agreements will provide the City with special legal services, such as labor negotiations, employment and labor law advice, personnel investigations, representation of the City in appeals to the City's Personnel Board and/or arbitration hearings, and legal advisor services to the City's Personnel Board. All agreements will be for a three and a half (3 '/2) year term, aligning the agreement's renewal to the City's fiscal - year, for the not -to -exceed amounts listed above. Staff recommends approval of the agreements to provide the special legal services in an efficient manner, on an as needed -basis by the City. This list of on -call Special and Limited Legal Counsel Services agreements does not guarantee work for anyone vendor. ENVIRONMENTAL IMPACT The consideration and approval of the proposed action do not constitute a project under the California Environmental Quality Act. FISCAL IMPACT The Human Resources Department will budget accordingly for the seven (7) Special and Limited Legal Counsel Services agreements in subsequent fiscal years. This list of on - call Special and Limited Legal Counsel Services agreements does not guarantee work for anyone vendor. The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 3 contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget. Funds for the AALRR amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund, Account Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $150,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $75,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $75,000.00 Contract Professional Total $300,000.00 Funds for the LCW amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $100,000.00 Contract Professional Total $300,000.00 Funds for the Barboza & Associates amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $50,000.00 Contract Professional Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 4 2022-23 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $50,000.00 Contract Professional Total $150,000.00 Funds for the Oppenheimer Investigations Group amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $150,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $75,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $75,000.00 Contract Professional Total $300,000.00 Funds for the Four Star Investigations amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $50,000.00 Contract Professional Total $150,000.00 Funds for the Steve Filarsky amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 5 2021-22 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $50,000.00 Contract Professional Total $150,000.00 Funds for the BWS amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Accounting Unit Fund Description Amount Year — Account No. 2021-22 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $100,000.00 Contract Professional Total $300,000.00 EXHIBIT(S) 1. Second Amendment to Legal Services Agreement with Atkinson, Andelson, Loya, Ruud, & Romo 2. First Amendment to Legal Services Agreement with Liebert Cassidy Whitmore 3. First Amendment to Legal Services Agreement with Barboza & Associates 4. First Amendment to Legal Services Agreement with Oppenheimer Investigations Group 5. First Amendment to Legal Services Agreement with Four Star Investigations 6. First Amendment to Legal Services Agreement with Steve Filarsky 7. First Amendment to Legal Services Agreement with Burke, Williams, & Sorenson Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager Exhibit 1 SECOND AMENDMENT TO LIMITED LEGAL SERVICES AGREEMENT WITH ATKINSON ANDELSON LOYA RUUD & ROMO APC THIS SECOND AMENDMENT to the above -referenced agreement is entered into on December 21, 2021, by and between Atkinson, Andelson, Loya, Rudd & Romo, a California Professional Law Corporation ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. N-2021-066, dated April 15, 2021, by which Attorneys agreed to provide limited legal services conducting personnel investigations on an as -needed basis for the City ("Agreement"). B. On July 20, 2021, the parties entered into a First Amendment (A-2021-139) to the limited legal services agreement to increase the compensation from fifty thousand dollars ($50,000) to one hundred thousand dollars ($100,000) for the term of the Agreement B. The parties wish to amend the Agreement to add additional compensation to cover additional services under this Agreement and to extend the term of the Agreement. The Parties therefore agree: 1. Section 2a, FEES, is amended to increase the total agreement not to exceed amount from one hundred thousand dollars and no cents ($100,000.00) to three hundred thousand dollars and no cents ($300,000.00) and include compensation for investigation services provided to the City by Attorneys from February 28, 2021 through April 15, 2021. 2. Section 9, TERM, is amended to change the termination date from April 14, 2024 to June 30, 2024. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Clerk of the Council [Signatures continue on the next page] Page 1 Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney By- f C�1� Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL ive Director L Resource Agency Page 2 ATKINSON, ANDELSON, LOYA, RUDD & ROMO Name: Title: Exhibit 2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Liebert Cassidy Whitmore ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On July 20, 2021, the City and Attorney entered into a legal services agreement A-2021-138 for Attorney to provide Human Resources advice, conducting personnel investigations, labor negotiations and employee relations legal services on an as -needed basis for the City. B. The parties desire to amend the Agreement to increase the compensation and to amend the term of the Agreement. THE PARTIES THEREFORE AGREE: Section 2, PAYMENT FOR SERVICES RENDERED, subsection b, shall be amended to increase the total amount authorized for services from one hundred thousand dollars ($100,000) to three hundred thousand dollars ($300,000) over the term of the Agreement. 2. Section 6, TERM, is amended to change the termination date from July 19, 2024 to June 30, 2024. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Sa.", Laura A. Rossini Chief Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager T, CASSIDY WHITMORE .T'S" er-r, ro imAwAd M 00A'Ai j, pA-a ry Crt Page 1 of 2 RECOMMENDED FOR APPROVAL: 7 n Motsick xecutive Director Human Resources Department Page 2 of 2 Exhibit 3 FIRST AMENDMENT TO AGREEMENT WITH BARBOZA & ASSOCIATES. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Barboza & Associates, a California law corporation ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On July 8, 2021, the City and Attorneys entered into a limited legal services Agreement N-2021-149 for Attorneys to conduct personnel investigations on an as -needed basis for the City. B. The Parties desire to amend the Agreement to increase the compensation and extend the term. THE PARTIES THEREFORE AGREE: 1. Section 2, PAYMENT FOR SERVICES RENDERED, subsection a, FEES, shall be amended to increase the total amount authorized for services from fifty thousand dollars ($50,000) to one hundred and fifty thousand dollars ($150,000) over the term of the Agreement. 2. Section 9, TERM, shall be amended to change the expiration date from July 7, 2022 to June 30, 2024. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in fall force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: `Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager BARBOZA & ASSOCIATES 4Z`:� Name: Carla arboza Title: President Page 1 of 2 RECOMME ED FOR APPROVAL: r on otsick /cutive Director Human Resources Department Page 2 of 2 i0m01MAI FIRST AMENDMENT TO AGREEMENT WITH OPPENHEIMER INVESTIGATIONS GROUP THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Oppenheimer Investigations Group LLP, a limited liability partnership[ ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On June 15, 2021, the City and Attorneys entered into a limited legal services agreement N- 2021-132 for Attorneys to conduct personnel investigations on an as -needed basis for the City. B. The parties desire to amend increase the compensation of the Agreement, and extend the term. THE PARTIES THEREFORE AGREE: Section 2, PAYMENT FOR SERVICES RENDERED, subsection a, FEES, shall be amended and replaced as follows: a. FEES i. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as payment in full for all services for the foregoing Actions, compensation to engage Attorneys at the rate of $420 an hour. Supervision. Substantive edits by assigned partners/attorneys are billed at lower rates but not higher than at the rate of $420 an hour. Writer/editor time shall be billed at the rate of $180 an hour. Interns are billed at the rate of $120 an hour. During the term of this Agreement, the total amount authorized for services is increased from fifty thousand dollars ($50,000) to three hundred thousand dollars ($300,000) over the term of the Agreement. ii. Effective January 1, 2023, City agrees to compensate Attorneys, and Attorneys agree to accept from City, as payment in full for all services for the foregoing Actions, compensation to engage Attorneys at the rate between $505 - $315 an hour dependent on experience. Investigator/Writer time shall be billed at the rate of $250 an hour. Writer/editor time shall be billed at the rate of $195 an hour. Interns are billed at the rate of $130 an hour. 2. Section 9, TERM, shall be amended to change the expiration date from June 14, 2022 to June 30, 2024. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney .T 0"' K - Q"'� Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Jason Motsick Executive Director Human Resources Department CITY OF SANTA ANA Kristine Ridge City Manager OPPENHEIMER INVESTIGATIONS GROUP Am�i Name: A y Oppenheimer Title: Managing Partner Page 2 of 2 Exhibit 5 FIRST AMENDMENT TO AGREEMENT WITH FOUR STAR INVESTIGATIONS LLC THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Four Star Investigations, LLC ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On October 12, 2021, the City and Attorneys entered into a limited legal services Agreement N-2021-227 for Attorneys to conduct personnel investigations on an as - needed basis for the City. B. The Parties desire to amend the Agreement to increase the compensation and extend the term. THE PARTIES THEREFORE AGREE: 1. Section 2, PAYMENT FOR SERVICES RENDERED, subsection a, FEES, shall be amended to increase the total amount authorized for services from fifty thousand dollars ($50,000) to one hundred and fifty thousand dollars ($150,000) over the term of the Agreement. 2. Section 9, TERM, shall be amended to change the termination date from October 11, 2022 to June 30, 2024, 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carnvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager FOUR STAR INVESTIGATIONS LLC azl� Name: Title: Owner Page 1 of 2 RECOMMF,NDED FOR APPROVAL: oasMotsicktive Director Human Resources Department Page 2 of 2 Exhibit 6 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH STEVE A. FILARSKY THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Steve A. Filarsky ("Attorney"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On September 1, 2021, the City and Attorney entered into a legal services Agreement N-2021-170 for Attorney to provide personnel, labor and employment related legal services on an as -needed basis for the City. B. The Parties desire to amend the Agreement to increase the compensation and extend the term. THE PARTIES THEREFORE AGREE: 1. Section 2, PAYMENT FOR SERVICES RENDERED, subsection b, shall be amended to increase the total amount authorized for services from fifty thousand dollars ($50,000) to one hundred and fifty thousand dollars ($150,000) over the term of the Agreement. 2. Section 6, TERM, shall be amended to change the termination date from August 31, 2022 to June 30, 2024. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney rt Laura A. Rossini Name: Steve A. Filarsky Chief Assistant City Attorney [Signatures continue on the next page] Page 1 of 2 RECOMMENDED FOR APPROVAL: Jason Motsick Executive Director Human Resources Department Page 2 of 2 Exhibit 7 FIRST AMENDMENT TO AGREEMENT WITH BURKE WILLIAMS SORENSON LLP FOR LEGAL ADVISOR SERVICES TO THE SANTA ANA PERSONNEL BOARD THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 21, 2021, by and between Burke Williams Sorenson LLP, a California limited liability partnership ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. N-2021-133, dated June 15, 2021, by which Attorneys agreed to provide legal advisory services to the City of Santa Ana Personnel Board ("Agreement"). B. The Agreement remains in effect through May 31, 2022. C. The parties now wish to increase the amount to be expended for legal advisory services, and extend the term of the Agreement. The Parties therefore agree: I. Section 2.b., Compensation, is amended to increase the total sum to be expended under the Agreement, by $300,000 for the continued services. The total amount to be expended under this Agreement shall not exceed $350,000. 2. Section 5, Term, is amended to increase the term until June 30, 2025. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Clerk of the Council Kristine Ridge City Manager [Signatures continued on the following page] Page I of 2 APPROVED AS TO FORM Sonia R. Carvalho City Attorney B: Y Josg Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL son R. Motsick Executive Director Human Resources Services Agency ATTORNEYS BY: Daphne M. Anneet Title: Partner Page 2 of 2