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Home My WebLink AboutCC AG PKT 2009-02-09 #EAGENDA STAFF REPORT DATE: February 9, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manager SUBJECT: ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM -CONTRACT FOR SPECIAL LEGAL SERVICES SUMMARY OF REQUEST: Staff recommends that the City Council adopt Resolution No. 5838, 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. BACKGROUND: For several years, the City of Seal Beach has participated with more than forty (40) 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 law firm of Liebert Cassidy Whitmore is experienced and qualified to perform the services required, including 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, 2009, and may be extended for additional periods of time by written consent. The approval of this Agreement would renew the City's membership in the Orange County Employment Relations Consortium for calendar year 2009. Agenda Item E Page 2 FINANCIAL IMPACT: The fee for these special services to the City is $2,859 per year. Additional services are available at the firm's normal hourly rates. RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 5838, 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. SUBMITTED BY: ~, Jil R. Ingram ssistant to the City Manager NOTED AND APPROVED: ~~ David N. Carmany, City Manager Attachments: A. Resolution No. 5838 B. Liebert Cassidy Whitmore Special Services Agreement RESOLUTION NUMBER 5838 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 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 40 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. NOW, THEREFORE, the City Council of the City of Seal Beach 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 2009. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 9th day of February , 2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ATTEST: Mayor City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5838 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 9th day of February , 2009 City Clerk LIEBERT CASSIDY WxITMORE A PAOFESSSONAL 1A~v C.OAPOAATtoN 6033 W. Century Boulevicd, Suite 500 Los Angeles, California 90045 Tel: (310)9B]-2D00 • Fa~c (3]0)337-0560 www.lewlegal.com December 8, 2008 David Carmany City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740 Re: Orange County Employment Relations Consortium Dear Mr. Carmany: We are looking forward to another successful year with the Orange County Employment Relations Consortium. The consortium committee has selected a wide variety of topics for your managers and supervisors. We are pleased to provide the consortium with six full days of training, our monthly Client Update, and telephone consultation. The workshops chosen for the upcoming training are listed on the enclosed planning meeting notes. We will send a detailed schedule of the workshops in the next few weeks. Enclosed is an Agreement for Special Services. Please execute and return a copy to our office. Additionally, you will note that the group did select "Preventing Workplace Harassment" training for two of the workshops this year. This workshop does meet the requirements of AB 1825. The firm also provides this training through our customized training program. You may schedule training with us for your agency or invite a group of agencies to join in the training session to share the cost. If you have any questions about the consortium or our other training programs, please contact Cynthia Weldon, Director of Training & Marketing at (310) 981-2055 or cweldonla~lcwle .com. We thank you for your membership and we look forward to another successful training year. Sincerely, Enclosures LIEBERT CASSIDY TM BY: `~ Melanie M. Poturica Managing Partner Los ANCm ve • 5.w FttM~CfSCO • FRESNO 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 Iaw 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 azea 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, 2009, Attorney will provide the following services to City (and the other aforesaid public agencies): 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 aze 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 Seven Hundred Fifty Nine Dollars ($2,759.00), payable in one payment prior to February 1, 2009. 3`~~;;,e~~dt- ' '~ .ebZU '" 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 Dollazs ($160.00 - $290.00) per hour for attorney staff and from One Hundred to One Hundred Thirty DoIlazs ($100.00- $130.00) per hour for services provided by paraprofessional staff. Attorneys and paraprofessional staff bill their time in rn;ni*num units of one-tenth of an hour. Communications advice (telephone, voice-mail, a-mail) is billed in a minimum increment ofthree-tenths (.30) of an hour. 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, 2009. 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 aze contingent on no Iess than forty (40) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2009. Dated: j Z ~ ~ ~~b ~ L?EBERT CASSIDY WHITMORE A Professional Co B Dated: CITY OF SEAL BEACH A Municipal Corporation By