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Home My WebLink AboutCC AG PKT 2008-01-14 #L . AGENDA REPORT DAlE: January 14,2008 TO: Honorable Mayor and City Council FROM: David Carmany, City Manager BY: Andrew J. Tse, Personnel Manager SUBJECT: A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND LIEBERT CASSIDY WBITMORE SUMMARY OF REQUEST: Staff requests that Council adopt the proposed resolution by approving the Agreement for Services with Liebert Cassidy Whitmore. . BACKGROUND: The City of Seal Beach is a member of a consortium consisting of forty (40) Orange County public agencies. The firm of Liebert Cassidy Whitmore provides training and workshops for member agencies as well as having attorneys available for consult in personnel matters. The approval of this agreement would renewal the City's membership in the consortium for 2008. FINANCIAL IMPACT: The renewal membership fee for the consortium is $2,628.00 RECOMMENDATION: That the City Council approve Resolution 56_. APPROVED: . O'Jtl~ D 'dC cO aVl armany, Ity Manager Attachment: Resolution 56 Agenda Item L RESOLUTION NUMBER . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND LIEBERT CASSIDY WHITMORE WHEREAS, the CIty IS a member of a consortium With forty (40) Orange County pubhc agencies; and WHEREAS, the City has determmed that no less than forty (40) public agencies In the Orange County area have the same aeed and have agreed to enter Into Identical agreements With Liebert Cassidy W1utmore, and WHEREAS, the City has the need to secure expert traullng and CODSultlng Se1'VlCCS to assist the City In Its relations and negotlatlODS With Its employee organizllt1oa. NOW, 1HEREFORE, the City CounCil of the City of Seal Beach hereby resolves The agreement for speCIal services IS hereby approved and the CIty's membership in the consortium renewed for 2008. SectIOn 2 Except as provided for In Seclloa 1, there are no other conectlOns, changes or amendments PASSED, APPROVED, AND ADOPfED by the CIty Council of the CIty of Seal Besch on the 14th day of Januarv. 2008 by the followmg vote . AYES Council Members NOES Council Members ABSENT' Council Members ABSTAIN. Council Members Mayor A TIEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) . 1, Linda DeVine, CIty Clerk of Seal Beach, CaluOIDla, do hereby certify that the foregomg resolution is the ongmal copy of Resolution Number _OD file In the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Besch, at a regular meeting thereof held on the 14th day of Januarv ,2008. City Clerk . . . AGREEMENTFORSPEClALSERVlCES This Agreement is entered into between the CITY OF SEAL BEACH, A Municipal Corporation, 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 (40) public agencies in the Orange County area have the same need and have agreed to enter into identical agreemell,ts 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: Attornev's Services: During the year beginning January 1,2008, 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. 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 Six ~~~~~.T~~~t~ ~!ght p.~l~,s .~~~l6~8.~2,_e~~~1: in one payment prior to February 1,2008. ~~?R;pj;~~~;J't~~G~~~. 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 Sixty to Two Hundred Ninety Dollars ($160.00 - $290.00) per hour for attorney staff and from One Hundred to One Hundred Thirty Dollars ($100.00- $130.00) 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. Indenendent 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, 2008. 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 (40) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1,2008. Dated: 1Z.-~-o1 LIEBERT CASSIDY WHITMORE A Professional COrPoration By Dated' 12.- 17-1:> 7 CITY OF SEAL BEkCH A Municipal COrPoration By ~I . AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the CITY OF SEAL BEACH, A Municipal Corporation, hereinafter referred to as "City," and the law fmn 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 (40) 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 1,2008, 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, admmistrative 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. 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 Six H_~w:~ .T~~n~. g~gh~ _?~.!!.~~ ~P~3~~OQ), .g~~!!~~e. in ~ one payment prior to February 1, 2008. I:hC!~~~I!i~~~~-I1I~W~~~~. Said fee will cover Attomey'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 Sixty to Two Hundred Ninety Dollars ($160.00 - $290.00) per hour for attorney staff and from One Hundred to One Hundred Thirty Dollars ($100.00- $130.00) 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. Indeoendent 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 1,2008. The term may be extended for additional penods 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 (40) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2008. Dated: IZ'/.e-o'1 LIEBERT CASSIDY WHITMORE A Professional Corporation By Dated 12.- 11-07 CITY OF SEAL BEACH A Municipal Corporation By ~I