SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Renne Sloan Holtzman Sakai, LLP for Labor Negotiation Services
Report
REPORT IN BRIEF
Approval is requested for a Second Amendment to the Outside Counsel Agreement with the law firm of Renne Sloan Holtzman Sakai, LLP for advice and representation regarding labor and collective bargaining matters concerning Sunnyvale Employees Association (SEA). This Second Amendment is needed to cover the costs associated with continued labor negotiations and the representation of the City in the upcoming fact-finding process, and will increase the not-to-exceed amount of the Agreement by $50,000 for a new not-to-exceed amount of $150,000.
BACKGROUND
Charles Sakai, an attorney who specializes in employment and labor law, and primarily handles complex negotiations and collective bargaining issues, including multi-party negotiations, interest arbitrations, and collective bargaining-related litigation, and managing partner in the law firm of Renne Sloan Holtzman Sakai, LLP, was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide advice and representation regarding labor and collective bargaining matters concerning Public Safety Officers Association (PSOA), Communications Officers Association (COA), Sunnyvale Managers Association (SMA) and Sunnyvale Employees Association (SEA). Mr. Sakai has extensive experience in advising public agencies in labor relations and personnel matters and handles litigation in both State and Federal Courts. The Agreement was entered in October 2015, and the not-to-exceed amount has been increased once to the current not-to-exceed amount of $100,000. The term of the Agreement expires in December 31, 2018.
DISCUSSION
Mr. Sakai is currently providing advice and representation in the labor negotiations with Sunnyvale Employees Association (SEA). The negotiations with SEA have been ongoing since 2015. The additional costs associated with the continued negotiations and representing the City in the upcoming fact-finding process require an increase of the not-to-exceed amount of the Agreement by $50,000 for a new not-to-exceed amount of $150,000.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b) (4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
Funds are available in the FY 16/17 Labor Negotiations Fund.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
RECOMMENDATION
Recommendation
Authorize the City Attorney to execute a Second Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Renne Sloan Holtzman Sakai, LLP, to increase the not-to-exceed amount by $50,000, for a new not-to-exceed contract amount of $150,000.
Staff
Prepared by: Nichole G. Anglin, Paralegal
Reviewed and Approved by: John A. Nagel, City Attorney
ATTACHMENT
1. Draft Second Amendment to Outside Counsel Agreement