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Home My WebLink AboutCC AG PKT 2012-04-23 #F SEACey AGENDA STAFF REPORT . _= �Cq��FORN�•' DATE: April 23, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant to the City Manager SUBJECT: ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM - AGREEMENT FOR SPECIAL LEGAL SERVICES SUMMARY OF REQUEST: It is recommended that the City Council adopt Resolution No. 6247 approving the Agreement for Special Services between the City of Seal Beach and Liebert Cassidy Whitmore and direct the City Manager to execute the agreement. BACKGROUND AND ANALYSIS: The City of Seal Beach has participated with more than forty-four (44) public agencies in the Orange County Employment Relations Consortium. This is a professional organization that provides access to expert training and consulting services to assist cities in employee relations and negotiations with employee negotiations. The City has utilized the services of Leibert Cassidy Whitmore for more than 10 years. The law firm of Liebert Cassidy Whitmore is experienced and qualified to perform the services required, including six days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, performance evaluation (administering evaluations), grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments in personnel administration and employment relations, etc. Additional services for representation, litigation, and other employment relations matters are available when requested by the City. The term of this Agreement is for twelve (12) months, commencing January 1, 2012, and may be extended for additional periods of time by written consent. Agenda Item F The approval of this Agreement would renew the City's membership in the Orange County Employment Relations Consortium for calendar year 2012. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The fee for these special services to the City is $2,994 per year. Additional services are available at the firm's normal hourly rates as indicated in the attached agreement. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6247 approving the Agreement for Special Services between the City of Seal Beach and Liebert Cassidy Whitmore and direct the City Manager to execute the agreement. SUB /ITTED BY: NOTED AND APPROVED: i/0/e rfr 'r Sean P. Crumby, 7'. Ingram, City . ager Assistant City Manager/Public Works Prepared by: Patrick Gallegos, Administrative Manager Attachments: A. Resolution No. 6247 B. Liebert Cassidy Whitmore Agreement for Special Services • Page 2 RESOLUTION NUMBER 6247 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND LIEBERT CASSIDY WHITMORE WHEREAS, the City endeavors to handle all matters of personnel on the basis of merit so that fairness and impartiality govern decisions pertaining to appointments, pay adjustments, promotions and discipline; and WHEREAS, the City, together with 44 other public agencies, has been an ongoing member of the Orange County Employment Relations Consortium;and WHEREAS, the City's membership in the Orange County Employment Relations Consortium provides access to expert training and consulting services to assist the City in its employee relations and negotiations with its employee organizations;and WHEREAS, the City is authorized and empowered to employ consultants and specialists in the performance of its duties and functions. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. Approves the Agreement for Special Services with Liebert Cassidy Whitmore and directs the City Manager to execute the agreement; and Section 2. Approves renewal of the City's membership in the Orange County Employment Relations Consortium for 2012. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of April ,2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6247 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of April ,2012. City Clerk AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the CITY OF SEAL BEACH, hereinafter referred to as "City," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "Attorney." WHEREAS City has the need to secure expert training and consulting services to assist City in its relations and negotiations with its employee organizations; and WHEREAS City has determined that no less than forty four (44) public agencies in the Orange County area have the same need and have agreed to enter into identical agreements with Attorney; and WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the City and is willing to perform such services; NOW, THEREFORE, City and Attorney agree as follows: Attorney's Services: During the year beginning January 1, 2012, Attorney will provide the following services to City (and the other aforesaid public agencies): 1. Six (6) days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, performance evaluation (administering evaluations), grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments in personnel administration and employment relations, etc., with the specific subjects covered and lengths of individual workshop presentations to be determined by City and the other said local agencies. It is expressly understood that the material used during these presentations, including written handouts and projected power points are provided solely for the contracted workshops. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the expressed written permission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions. 2. Availability of Attorney for City to consult by telephone. 3. Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to City for a fee of Two Thousand Eight Hundred Ninety-Four Dollars ($2,894.00) payable in one payment prior to February 1, 2012. The fee, if.paid"after February 1,2012 willbe,$2,994.00'. Said fee will cover Attorney's time in providing said training and consultative services and the development and printing of written materials provided to attendees at the training programs. Additional Services:. Attorney shall, as and when requested by City, make itself available to City to provide representational, litigation, and other employment relations services. The City will be billed for the actual time such representation services are rendered, including reasonable travel time, plus any necessary costs and expenses authorized by the City. The range of hourly rates for Attorney time is from One Hundred Eighty to Three Hundred Dollars ($180.00 - $300.00) per hour for attorney staff and from One Hundred Five to One Hundred Forty Dollars ($105.00 - $140.00)per hour for services provided by paraprofessional staff. Attorneys and paraprofessional staff bill their time in minimum units of one-tenth of an hour. Communications advice (telephone, voice- mail, e-mail) is billed in a minimum increment of three-tenths (.30) of an hour. Attorney reviews its hourly rates in an annual basis and if appropriate, adjusts them effective July 1. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. • Term: The term of this Agreement is twelve (12) months commencing January 1, 2012. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than forty-four (44) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2012. Dated: ! Vbdil LIEBERT CASSIDY WHITMORE / A Prnfesalhnal Corporation I + I BY • 1 ?Jil l Dated: CIT OF SEAL BEACH A Municipal Corporation By