HomeMy Public PortalAboutAgreement_2009-07-01_Liebert Cassidy WhitmoreCITY OF TEMPLE CITY
AGREEMENT FOR PROFESSIONAL SERVICES
FISCAL YEAR 2009-2010
This Agreement is made and entered into by and between the City of Temple City, a
Charter City of the State of California, hereinafter referred to as CITY and Liebert
Cassidy Whitmore, a professional corporation, hereinafter referred to as
CONTRACTOR.
WITNESSETH
CONTRACTOR agrees to perform, in a manner consistent with industry standards and
in a manner acceptable to CITY, the professional services outlined in Exhibit "A"
(SCOPE OF SERVICES) for a price outlined in Exhibit "B" (COMPENSATION TO
CONTRACTOR) attached hereto and made a part hereof.
SECTION I
PERFORMANCE OF SERVICES
CONTRACTOR shall provide all labor and materials necessary for the completion of
work as set forth in this Agreement.
1. CONTRACTOR represents that it employs or will employ at its own expense, all
personnel required for the satisfactory performance of any and all tasks and
services, per the terms of this Agreement.
2. CONTRACTOR represents that the services required herein will be performed by
CONTRACTOR, or under CONTRACTOR'S direct supervision, and that all
personnel performing such services shall be fully qualified.
3. CONTRACTOR shall ensure that services performed under the terms of this
Agreement are in full compliance with all applicable federal, state and local laws.
4. CONTRACTOR shall not subcontract any portion of the required services herein
without prior written approval of the CITY.
5. CONTRACTOR shall work closely with the City Manager or other CITY
designated representative, who shall be the liaison representative of the CITY
and shall, on a continuous basis, review and approve CONTRACTOR'S work.
CONTRACTOR shall ensure that the CITY has reviewed and approved all
required work, per the terms of this Agreement.
6. CONTRACTOR shall make no change in the character or extent of the services
required by this Agreement, except as may be authorized in writing by the CITY.
Such supplemental authorization shall set forth the specific changes of services
to be performed and any related extension of time and/or adjustment of fee to be
paid to CONTRACTOR by CITY.
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Agreement for Professional Services
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SECTION 11
INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless CITY and its officers, officials,
employees and agents from and against all claims, damages, losses and expenses
including attorney fees arising out of the performance of the work described herein,
caused in whole or in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, except where caused by the negligence or willful
misconduct of the CITY.
The CONTRACTOR represents that it is an independent CONTRACTOR and will not
make claim for unemployment or social security taxes, and/or compensation, and will
pay for any income tax on its earnings.
SECTION 111
INSURANCE
CONTRACTOR shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from or
in connection with the performance of the work hereunder by the CONTRACTOR, its
agents, representatives, employees or subcontractors.
CONTRACTOR shall maintain insurance with limits no less than:
General Liability: $1,000,000 per occurrence for bodily, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $100,000/300,000 per accident for bodily injury and
$50,000 property damage.
3. Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Any deductibles or self-insured retentions must be declared to and approved by the
CITY. At the option of the CITY, the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the CITY, its officers, officials, employees and
volunteers or the CONTRACTOR shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
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Agreement for Professional Services
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The general liability and automobile liability policies are to contain the following
provisions:
The CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds as respects to any liability arising out of activities
performed by or on behalf of CONTRACTOR; products and completed
operations of the CONTRACTOR; premises owned, occupied or used by the
CONTRACTOR; or automobiles owned, leased, hired or borrowed by the
CONTRACTOR. The coverage shall contain no special limitations on the scope
of protection afforded to the CITY, its officers, officials, employees, agents or
volunteers, and name the CITY as additionally insured.
2. For any claims related to this Agreement, the CONTRACTOR'S insurance
coverage shall be primary insurance as respects the CITY, its officers, officials,
employees, agents and volunteers. Any insurance of self-insurance maintained
by the CITY, its officers, officials, employees, agents or volunteers shall be
excess of the CONTRACTOR'S insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the CITY, its
officers, officials, employees, agents or volunteers.
4. The CONTRACTOR'S insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the CITY.
6. Insurance is to be placed with insurers which are "admitted" in the State of
California and have a current A.M. Best's rating of no less than A:VII, unless
otherwise approved by the CITY.
7. CONTRACTOR shall furnish the CITY with original endorsements effecting
coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the CITY. All endorsements are to
be received and approved by the CITY before work commences.
City of Temple City — Liebert, Cassidy, Whitmore, LLP
Agreement for Professional Services
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SECTION IV
ATTORNEYS FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION V
EXECUTION OF AGREEMENT
This Agreement shall constitute the entire understanding of the parties hereto and shall
not be modified unless made in writing by the parties hereto.
This Agreement shall lapse and fail if CONTRACTOR fails to comply with all conditional
terms of the Agreement within thirty (30) calendar days immediately following the date
said Agreement is signed by the authorized City official, otherwise said Agreement shall
be null and void.
Communications required to be sent to the parties hereto shall utilize the following
addresses:
CITY.. City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Attn: Cathy Burroughs
CONTRACTOR: As Specified in Exhibit "A"
Communications may be sent through the United States Postal Service or any other
recognized courier service such as Federal Express Corporation. Any communications
to the parties shall be sent postage (or courier fee) fully prepaid by the sender.
Changes in the above addresses shall be conveyed to the other party at least 30 days
prior to the effective date of such change.
SECTION VI
TERMINATION OF AGREEMENT
Either party may terminate this Agreement at any time upon providing a thirty (30) day
written notice. In the event of termination, the CITY will pay for only the services that
have been satisfactorily completed by the CONTRACTOR and approved by the City
Manager or his representative. This Agreement shall be effective from July 1, and shall
conclude on June 30 of each year (the CONTRACT YEAR). The initial agreement shall
City of Temple City -- Liebert, Cassidy, Whitmore, LLP
Agreement for Professional Services
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begin on July 1, 2009 and conclude on June 30, 2010 and may be extended subject to
the requirements of SECTION VII hereof.
SECTION VII
EXTENSION OF AGREEMENT
The CITY and CONTRACTOR may, by mutual agreement, renew this agreement for a
term agreed upon by both parties. Upon renewal, the terms and conditions herein
(including the services and compensation contained in Exhibit "A" and Exhibit "B") shall
remain the same during the period of extension unless changes thereto are agreed
upon by both parties prior to March 1 of each contract year. Absent any changes, the
CITY may, at its sole discretion, and CONTRACTOR consents, to extend the contract
for a term of 12 months.
SECTION VIII
SUPREMACY AND CONTROLLING CLAUSE
In the event of a conflict between any provision of this Agreement and any provision of
Attachments "A" or "B" as they may exist from time to time, the provision of this
Agreement shall be deemed controlling and shall govern and control such matter.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives:
CITY OF TEMPLE CITY
BY:
ITS: interim City Manager
DATE:
CONTRACTOR:
LIEBERT, CASSIDY, WHITMORE
a professional corporation
DATE: U —?, -of
City of Temple City — Liebert, Cassidy, Whitmore, LLP
Agreement for Professional Services
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EXHIBIT "A" - SCOPE OF SERVICES
(SEE ATTACHED "AGREEMENT FOR SPECIAL SERVICES"
LIEBERT, CASSIDY, WHITMORE, A PROFESSIONAL CORPORATION)
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the CITY OF TEMPLE CITY, 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 twenty-one (21) public agencies in the Southeast
Los Angeles 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 July 1, 2009, Attorney will provide the following services to City (and the
other aforesaid public agencies):
Five (5) 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 powerpoints 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. A monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to City for a fee of Two Thousand Seven Hundred
Seventy Four Dollars ($2,774.00), payable in one payment prior to August 1, 2009. The fee, if paid after
August 1, 2009 will be $2,874.00.
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 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 July 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 are contingent on no less
than twenty-one (21) local agency employers entering into a substantially identical Agreement with Attorney
on or about July 1, 2009.
Dated:_ f LIEBERT CASSIDY WHITMORE
A professional Corporatinn—
By
Dated: 2 CITY OF TEMPLE CITY
A Municipal Corporation
By
LIEBERT CASSIDY WHITMORE
EMPLOYMENT LAW l LABOR RELATIONS 1 EDUCATION LAW I MANAGEMENT TRAINING
Gateway Public ERC
2009/2010 Planning Meeting Notes
April 28, 2009
T. Comments
• Consortium commented that the workshops area great value, specifically the AB 1825
Harassment session, and the participants are very thankful
o Liked that some workshops are specific to supervisors and some for higher level
management
o Would like to see more supervisory classes
• The group mentioned that the presenters have met all expectations.
• Consortium commented that Crystal is great! She provides prompt responses and the
group appreciates her follow-up.
• Regarding attendance at other Consortium's workshops, Crystal was helpful at working
this out.
• Consortium enjoyed Connie's presentation, thought she was great.
• The group agrees that consortium calls are going well and they are receiving excellent
responses.
• The workshops are averaging about a 30% no-show rate. Consortium is woridering if
they can exceed their registration limit. Contact Crystal about a week and half before
the workshop if you would like to register additional employees on a waitlist. She can
let you know if additional seats are available.
• Consortium noticed an increase in attendance by supervisors and managers. This
helps to reinforce the topics.
• LCW created Core Workbooks last summer. These workbooks are more comprehensive
than in previous years and in some cases are used for multiple workshops. As such
there has been confusion when LCW sends the Table of Contents with the
Announcement. Going forward, LCW will send a Table of Contents that is highlighted to
show the exact topics that will be covered in the workshop.
II. Services Explained
• Consortium calls can be placed to any of the LCW offices: Los Angeles, Fresno or San
Francisco. Members may ask for a specific attorney, such as Peter for FLSA questions,
or any available attorney. Questions may also be submitted by email directly to the
attorney or to info@lcwleP-al.com.
• LCW has multiple monthly newsletters: Client Update, The Briefing Room (geared
towards law enforcement) and Fire Watch (geared towards Fire Safety Personnel).
Los Angeles (310) 991-2000 • Fresno (559) 256-7800 • San Francisco (415) 512-3000
www.lcwlegal.com
LIEBERT CASSIDY WHITMORE
EMPLOYMENT LAW I LABOR RELATIONS I EDUCATION LAW I MANAGEMENT TRAINING
Gateway Public ERC
2009/2010 Planning Meeting Notes
April 28, 2009
Consortium members may request to receive any or all of these publications. The
newsletters are sent either via surface mail or via email. The email comes from
Newsletter@lcwlegal.com so please ensure that this email address is accepted by your
system.
LCW provides a guide as to who should attend the workshops and requests that
agencies use their best discretion when registering employees for the session as the
composition of the audience can impact the message and tone of the workshop.
Consortium Workshops across the State: ERC members are able to attend other
Consortiums' workshops. If you are interested in attending, you must contact Crystal
Tinoco two weeks prior to the scheduled workshop. Once all the registration sheets are
received from the members of that Consortium, members from other Consortiums may
attend, space permitting. There is no cost to attend another Consortium's workshop,
unless they require a per person/refreshment fee.
WWW.LCWLEGAL.COM: LCW's website is fully searchable for specific articles and content
appearing in our monthly newsletters and our annual Legislative Round -Up. Once on
our site, click on "search" under "News and Publications" and enter key words relating
to the specific subject or bill you're seeking information on. For example, if you'd like
information regarding bill 'AB 1825', simply type in 'AB 1825' in the search box and the
information you need, will appear.
• Individual/customized training:
o Includes the incorporation of your policies and procedures, as well as an original
set of materials for your reproduction.
o Any of the workshops listed on the Master Workshop Topics list can be
presented outside of the consortium to one specific agency or a group of
agencies to share the cost. Our rate for a three-hour, half day session ranges
from $1.,600 - $2,000 while a six -hour, full day session ranges from $2,500 -
$3,000. If you schedule two half day sessions on the same day, we will honor
the full day rate.
o LCW can send an e-mail to other agencies if a requestfor an individual
workshop has been made and the agency requesting the workshop wishes to
combine with other agencies. For more information, contact Anna Sanzone-Ortiz
at (310) 981.-2051.
IIT. Workshops for 2009/20.0
• Discipline: Putting It into Practice (full day)
• Managing Performance Through Evaluation (half day)
Los Angeles (310) 981-2000 • Fresno (559) 256-7800 • San Francisco (415) 512-3000
www.lcwlegal.com
LIEBERT CASSIDY WHITMORE
EMPLOYMENT LAW I LABOR RELATIONS I EDUCATION LAW I MANAGEMENT TRAINING
Gateway Public ERC
2009/2010 Planning Meeting Notes
April 28, 2009
• Preventing Workplace Harassment, Discrimination and Retaliation (half day) -- meets
requirements of AB 1825 - to be scheduled in May/lune
• Finding the Facts: Disciplinary and Harassment Investigations (half day)
• Privacy Issues in the Workplace (half day)
• Public Sector Employment Law Update (half day) - to be scheduled in Sept./Oct.
• The Meaning of At -Will, Part -Time and Contract Employment (half day)
• Advanced FLSA (half day)
• Public Agency Issues During Lean Economic Times (half day)
❖ Please note that LCW will be updating workshop titles. The title of the workshop may
change but the content discussed at the planning meeting will remain as discussed.
• Workshop hosts:
o Downey, Greater Los Angeles County Vector Control District, Huntington Park, La
Mirada, Lakewood (a half day workshop only), Long Beach, Norwalk, Pico Rivera
and Santa Fe Springs have volunteered to host. Crystal will send an individual
email to each volunteer.
o Hosting requires the agency representative(s) to arrive early, distribute material,
staff the registration desk, box up any extra material to give to the presenter, and
collect evaluation forms and sign -in sheets.
o Non -host agencies may volunteer to assist with registration or refreshments by
contacting the host agency directly.
• Workshop scheduling:
o The group would like to continue holding workshops on the 1S1 or 2nd Thursday of
the month.
o Only one ;/2 day workshop or one full day workshop scheduled per month.
IV. Rate
• Membership fee is $2,774.
• A $100 late fee will be applied after August 1, 2009.
• Invoices and contracts will be sent immediately so that any agency that wants to pay all
or part of the membership fee from this year's budget may do so.
Los Angeles (310) 991-2000 • Fresno (559) 256-7900 • San Francisco (415) 512-3000
www.lcwlegal.com
City of Temple City — Liebert, Cassidy, Whitmore, LLP
Agreement for Professional Services
Page 7 of 7
EXHIBIT "B" -- COMPENSATION
(SEE ATTACHED -- INVOICE NO. 102883
LIEBERT, CASSIDY, WHITMORE)
City of Temple City — Liebert, Cassidy, Whitmore, LLP
Agreement for Professional Services
Page 7 of 7
EXHIBIT "B" - COMPENSATION
(SEE ATTACHED - BREA IT: INVOICE NO. 102883,
LIEBERT, CASSIDY, WHITMORE)
LIEBERT CASSIDY WHITMORE
A PROFESSIONAL LAW CQRPORATION
6033 W. Century Boulemard, Suite 500
Los Angeles, California 90045
Teh (310) 981-2000 • Fax: (310) 337-0560
www.lcwlegal.com
INVOICE
May 18, 2009
Gary Flod
Assisran! to Cly lllanager
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
(ER020-01 4)
INVOICE NUMBER. 102883
GA TEWA Y PUBLIC EMPLOYMENT RELATIONS CONSORTIUM
Membership: 07/01/09 through 06/30/10
TOTAL AMO UNT D UE: $2,774.00
If paid after August], 2009 amount due is $2,8174, 00
(Includes $100.001ate fee)
LOS ANGELES • SAN FRANCISCO • FRESNO