HomeMy WebLinkAboutAGMT - Liebert,Cassidy & Whitmore (ERC Consortium)=M LIEBERT CASSIDY WHITMORE
November 23, 2015
Jill Ingram
City Manager
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Re. Orange County Employment Relations Consortium
Dear Ms. Ingram:
6033 West Century Boulevard, 51h floor
Los AngeIes, California 90095
T: (310) 981 -2000 F: (310) 337 -0560
RECEIVED
DEC 011015
CItYManager's office
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 arc pleased to provide the consortium with six full days of training, our monthly Client
Update, and telephone consultation.
We are also pleased to otter our new Public Sector Personnel Management Certificate Program to the
consortium this year. This is detailed in the planning meeting notes we have included. 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.
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 Marketing &'training at (3) 10) 981 -2055 or eweldonnmlewleg,al.com.
We thank you 1'01 your membership and we look forward to another successful training year.
Sincere
LIE13EItj1 %C4$SIDY kVHITMORt3
13Y:
Enclosures
J. Scott 'l icdeman
Managing Partner
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
relations and negotiations with its employee organizations; and
WHEREAS Agency has determined that no Tess than forty -seven (47) 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, 2016, Attorney will provide the following services to Agency (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 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. ' ]'his 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 Two Hundred Forty -Five
Dollars ($3,245.00) payable in one payment prior to February 1, 2016. The fee, if paid after February I, 2016 will be
$3345.0p.
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 One Hundred Ninety to Three Hundred Twenty- Five
Dollars ($190.00 - $325.00) per hour for attorney staff and from Seventy-Five to One Hundred Fifty Dollars ($75.00 -
$150.00) 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
in an annual basis and if appropriate, adjusts them effective July I.
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, 2016. The teen 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 -seven (47) local agency employers entering into a substantially identical Agreement with Attorney on or about
January I, 2016.
Dated: /I, �J— ' /�
Dated: *
LIEBEIA CASSIDY WHITMORE
A Prole s' ,pl Corporation
By
CITY OF SEAL BEACFI
A Municipal Corporation
By
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY
WHITMORE, A Professional Corporation ("Attorney"), and the CITY OF SEAL
BEACII,A Municipal Corporation("City").
1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to
provide services,until City returns a properly signed and executed copy of this
Agreement. •
2. Attorney's Services
Attorney agrees to provide City with consulting, representational and legal
services pertaining to employment relations matters, including representation in
negotiations and in administrative and court proceedings, as requested by City or
otherwise required by law.
3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in
providing the services, including reasonable travel time.
The current range of hourly rates for Attorney time is from One Hundred Eighty
to Three Hundred Twenty-Five Dollars ($180.00 - $325.00), and from Seventy to One
Hundred Sixty Dollars ($70.00 - $160.00) for time of paraprofessional and litigation
support staff. Attorney reviews its hourly rates on an annual basis and, if appropriate,
adjusts them effective July 1. Attorney will provide the City with written notification of
any adjustment in the range of rates. Attorneys,paraprofessional and litigation support
staff bill their time in minimum units of one-tenth of an hour.
728452.1 LCO20-100 1
City agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15)
per page and facsimile charges at Fifty Cents ($0.50) per page. A Public Agency Fee
Schedule is attached to this Agreement.
Payment by City against monthly billings is due upon receipt of statements, and is
considered delinquent if payment is not received within thirty (30) days of the date of the
invoice.
The California Business &Professions Code requires us to inform you whether
we maintain errors and omissions insurance coverage applicable to the services to be
rendered to you. We hereby confirm that the firm does maintain such insurance
coverage.
4. Arbitration of Professional Liability or Other Claims
Disputes. If a dispute between City and Attorney arises over fees charged for
services, the controversy will be submitted to binding arbitration in accordance with the
Hiles of the California State Bar Fee Arbitration Program, set forth in California Business
and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel
shall have the authority to award to the prevailing party attorneys' fees, costs and interest
incurred. Any arbitration award may be served by mail upon either side and personal
service shall not be required.
If a dispute arises between City and Attorney over any other aspect of the
attorney-client relationship, including, without limitation, a claim for breach of
professional duty, that dispute will also be resolved by arbitration. It is understood that
any dispute as to any alleged breach of professional duty (that is, as to whether any legal
728452.1 LCO20-100 2
services rendered under this agreement were allegedly unnecessary,unauthorized,
omitted entirely, or were improperly, negligently or incompetently rendered) will be
determined by submission to arbitration as provided by California law, and not by a
lawsuit or resort to court process except as California law provides for judicial review of
arbitration proceedings. Both parties to this agreement, by entering into it, are giving
up their constitutional right to have any such dispute decided in a court of law
before a jury, and instead are accepting the use of arbitration. Each party is to bear
its own attorney's fees and costs.
5. File Retention
After our services conclude, Attorney will, upon City's request, deliver the file for
•
the matter to City, along with any funds or property of City's in our possession. If City •
requests the file for the matter, Attorney will retain a copy of the file at the City's •
expense. If City does not request the file for this matter, we will retain it for a period of
seven (7) years after this matter is closed. If City does not request delivery of the file for
this matter before the end of the seven (7) year period, we will have no further obligation
to retain the file and may, at our discretion, destroy it without further notice to City. At
any point during the seven(7) year period, City may request delivery of the file.
6. Assignment
•
•
This Agreement is not assignable without the written consent of City.
7. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms
of this Agreement, is an independent contractor and not an employee of City.
728452.1 L0020-100 3
8. Authority
The signators to this Agreement represent that they hold the positions set forth
•
below their signatures, and that they are authorized to execute this Agreement on behalf
of their respective parties and to bind their respective parties hereto.
9. Term
This Agreement is effective August 15, 2013, ongoing and may be modified by
mutual agreement of the parties. This agreement shall be terminable by either party upon
thirty (30) days written notice.
•
LIEBERT CASSIDY WHITMORE, CITY OF SEAL BEACH, '
A Professional Corporation A Municipal Corporation
I ,
By! A " "°`-� By; ,d IAi
iv
a -: C _clot 1 _y lM f " Name: III I`R . • a r
Title: 01 Ar tc 6;h) UGC e-- Title: Cr
Date: $1/J J/3 Date: U\ I s 13
728452.1 LCO20-100 4
I. PUBLIC AGENCY FEE SCHEDULE
I-Iourly Rates (As of Agreement Effective Date)
Partners $300.00 - $325.00
Of Counsel $265.00 - $285.00
Associates $180.00 - $265.00
Paraprofessionals & Litigation Support $70.00 - $160.00
II. COST SCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.50 per page
728452.1 LCO20-100 5
• •
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 (arid
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 prnvicinns.
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 ($,894.00) payable in one payment prior to February 1, 2012. +The!fee;tfftFaia'after
February 1 2012'will bZ$2,994 00l
I
Said fee will cover Attorneys 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 effecti effect ve 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.
.27
Dated: I v �/ LIEBERT CASSIDY WHITMORE
A Profecdhnal Corporation
BY A kJ/ d/
Dated: gI a3 J CIT ' OF SEAL BEACH
A Municipal Corporation
By R • '.
•
• •
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 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 three (43) 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, TI-E R- F OR E , City and A«orney agree as follows:
Attorney's Services:
During the year beginning January 1, 2011 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 Seven Hundred Fifty
Nine Dollars ($2,759.00) payable in one payment prior to February 1, 2011. The fee;' if paid- after February
• •
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: e- � Or ,�
'
Attorney shall, as and when requested by/ Cit)/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.
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, 2011. 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 -three (43) local agency employers entering into a substantially identical Agreement with Attorney
on or about January 1, 2011.
Dated: 12 I/O LIEBERT CASSIDY WHITMORE
A Pro ssional Corporation
By .. u ak
Dated: 0!// A/ CI OF SEAL BEACH
A Municipal Corporation
A r oam.
By
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 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 one (41) 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
tiie City and is wi.:itig Lo pel ui'r i sLell servic s;
NOW, THEREFORE, City and Attorney agree as follows:
Attorney's Services:
During the year beginning January 1, 2010, 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 fuinie use of Lielocrt Cassidy 'I mc_c mat-el.:.! ... 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, 2010: The tfee, if p after February
1 , 2009 will be: $2,859:.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.
Q.G.
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
...� .,_f,. .. � � �ctC bill their time in � ... of .. �_ �.r . 7 . .
parapiule��io,'lai staff bill t 1eii tiin iniiiilnurrl units oi. one-tenth of aii now. b11in uliieatiolis advice
(telephone, voice -mail, e -mail) is billed in a minimum increment of three - 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, 2010. 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 one (41) local agency employers entering into a substantially identical Agreement with Attorney
on or about January 1, 2010.
Dated: 1 I Z - 01 LIEBERT CASSIDY WHITMORE
A Professional Corp. _ .• i
By
Dated: J2 S �� CITY OF SEAL BEACH
A Municipal Corporation
B
Y