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Home My WebLink AboutAGMT - Liebert Cassidy Whitmore (Special Legal Services Agmt/Training and Resource Library)SE010 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of Seal Beach, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "Attorney." WHEREAS Agency has the need to secure expert training and consulting services to assist Agency in its workforce management and employee relations; and WHEREAS Agency has determined that no less than forty-eight (48) 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 Agency and is willing to perform such services; NOW, THEREFORE, Agency and Attorney agree as follows: Attorney's Services: During the year beginning January 1, 2022, Attorney will provide the following services to Agency (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 Agency 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 Agency to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters. The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney's hourly rate. (See additional services section.) 3. Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to Agency for a fee of Three Thousand Six Hundred Forty Five Dollars ($3,645.00) payable in one payment prior to February 1, 2022. The fee, if paid after February 1, 2022 will be $3,745.00. 9902605.1 ER020-013 SE010 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 Agency, make itself available to Agency to provide representational, litigation, and other employment relations services. The Agency 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 Agency. The range of hourly rates for Attorney time is from Two Hundred Twenty to Four Hundred Twenty Five Dollars ($220.00 = $425.00) per hour for attorney staff, Two Hundred Seventy Dollars ($270.00) per hour for Labor Relations/HR Consultant and from One Hundred Forty-five to One Hundred Eighty -Five Dollars ($145.00 - $185.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one-tenth of an hour. Attorney reviews its hourly rates on an annual basis and if appropriate, adjusts them effective July 1. _ Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Term: The term of this Agreement is twelve (12) months commencing January 1, 2022. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than forty-eight (48) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2022. LIEBERT CASSIDY WHITMORE CITY OF SEAL BEACH A Professional Corporation A Municipal Corporation L �� By: By: J. Scott q edemann / Managing Partner Name: Date: a Q Title: Date: 9902605.1 ER020-013 .31a$laa LIEBERT CASSIDY WHITMORE December 17, 2021 Jill Ingram City Manager City of Seal Beach 211 8th Street ---Seal Beach, CA 90740 6033 West Century Boulevard, 5thFloor Los Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 Re: Orange County Employment Relations Consortium Dear Ms. Ingram: We are looking forward to another successful year with the Orange County Employment Relations Consortium. We are pleased to provide the consortium with 6 full days of training, our monthly Client Update newsletter, and telephone consultation. We are enclosing the planning meeting notes for your records. We will forward the schedule when it is ready. Enclosed is an Agreement for Special Services. Please execute and return a copy to our office. You'll note that the attached invoice gives you the option of subscribing (or renewing) your Liebert Library membership. We've combined Library membership with the consortium billing for your ease. If you do not want to subscribe to the Library, simply check the box next to ERC only and submit that amount. If you do want to subscribe/renew, just check the corresponding box and return the amount indicated (the listed rate reflects the ERC discount.) If you have any questions about the consortium or our other training programs please contact Cynthia Weldon, Director of Marketing & Training at: (310) 981-2055 or cweldon@lcwleaal.com. We thank you for your membership and we look forward to another successful training year. Sincerely, LIEBERT CAS IDY WHITMORE BY: J. S o t Tiedemann Ma ing Partner Enclosures Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com 9902605.1 ER020-013 LIESCAS-01 YCORATHERS ACORO• CERTIFICATE OF LIABILITY INSURANCE DAT4/1/2 D/YYYY) 4/1/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Narver Asssociates Insurance Agency 423 McGroarty Street San Gabriel, CA 91776 NA CONTA E:CT June Samarin PHONE FAX (A1C, No, Ext): (626) 943-2237 (AIC, Ne): AEbmpAg'LEss:jsamarin@narver.com INSURERS AFFORDING COVERAGE NAIC # 12/14/2021 INSURER A: Sentinel Insurance Company, Ltd 11000 EACH OCCURRENCE 5 2,000,000 INSURED INSURER B: Federal Insurance CompanV 20281 INSURER C:Aspen Specialty Insurance Company 10717 Liebert Cassidy Whitmore INSURER D: National Specialty Insurance Company 22608 6033 W. Century Blvd. 5th Fir Los Angeles, CA 90045 - INSURER E: INSURER F : INSURER AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS yyN X AUTOS ONLY X ATOS ONLY COVERAGES CERTIFICATE NUMBER- REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRIN TYPE OF INSURANCE ADDL SD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X 72SBAAK0318 12/14/2021 12/14/2022 EACH OCCURRENCE 5 2,000,000 DAMAGE TO REoNTED $ 1,000,000 MED EXP (Any oneperson) S 10,000 PERSONAL & ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F_x1 mf LOC OTHER: GENERAL AGGREGATE 5 4,000,000 PRODUCTS - COMP/OP AGG S 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS yyN X AUTOS ONLY X ATOS ONLY 72SBAAK0318 12/14/2021 12/14/2022 EO accid D SINGLE LIMIT $ 2,000,000 BODILY INJURY Perperson) 5 BODILY INJURY Per accident 5 P.rr a dentDAMAGE $ 5 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 72SBAAK0318 12/14/2021 12/1412022 EACH OCCURRENCE $ 4,000,000 AGGREGATE S 4,000,000 DED I X I RETENTION $ 10,000 $ B WORKERS COMPENSATION ANDEMPLOYERTLIABILJTY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 7175-0595 4/1/2022 4/1/2023 X PER OTH- STATUTE ER 1,000,000 E.L. EACH ACCIDENT $_ E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT 5 1,000,000 C D Professional Liab. Cyber Liability LRASAF821 BLU-CB-QG5CGLUOB 12/10/2021 12/14/2021 12/10/2022 12/14/2022 Each Claim 5,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificat holder is additional insured ro0•r1e1r•A"rc ury nco r_ANr_FI I ATIr1N ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Seal Beach City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th St Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD