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HomeMy Public PortalAboutAgreement_2012-07-01_Liebert Cassidy WhitmoreAGREEMENT 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 (20) public agencies in the Gateway Public 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, 2012, Attorney will provide the following services to City (and the other aforesaid public agencies): 1. 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 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 Licbert 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 Nine Hundred Thirteen Dollars ($2,913.00) payable in one payment prior to August 1, 2012. The fee, if paid after August 1, 2012 will be $3,013.00. 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 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 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 July 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 twenty (20) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2012. Dated: LIEBERT CASSIDY WHITMORE A Professional Corporation r By Dated: .June 19, 2012 CITY OF TEMPLE CITY IN LIEBERT CASSIDY WHITMORE 6033 West Century Boulevard, 51" Floor Los Angeles, California 90045 T:(310) 98 -2000 F:(310) 337-0560 INVOICE June 5, 2012 Jose Pulido City Manager City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 (TE050-10000) INVOICE NUMBER: 150687 GA TE WAYPUBLICEMPL0YMENTRELATIONS CONSORTIUM Membership: 07/01/12 through 06/30113 TOTAL AMOUNT D UE: $2,913.00 Ifpaid after August 1, 2012 amount due is $3,013.00 (Includes $100.00 late fee} LIEBERT CASSIDY WHITMORE Gateway Public ERC 2012/2013 Planning Meeting Notes April 24, 2012 X. Comments • Like Difficult Conversations class • Lakewood would like to host Difficult Conversations • Want blend of classes for Human Resources and general employee Issues facing them include: o Keeping morale up in down economy o EAP • Jeff Stockley has been great answering consortium calls • Maria is doing a good job YY. Services Explained Consortium calls can be placed to any of the LCW offices: Los Angeles, San Francisco, Fresno or San Diego. Members may ask for a specific attorney, such as Peter Brown for FLSA questions, or any available attorney. Questions may also be submitted by email directly to the attorney or to info@lcwlegal.com. LCW has multiple monthly newsletters: Client Update, The Briefing Room (geared towards law enforcement) and Fire Watch (geared towards Fire Safety Personnel). 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 Worksho s across the State: ERC members are able to attend other Consortiums' workshops. If you are interested in attending, you must contact Sandy Conway 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. Los Angeles I San Francisco I Fresno 1 Son Diego www.lewlegal.com ��I LIEBERT CASSIDY WHITMORE Gateway Public ERC 201212013 Planning Meeting Notes April 24, 2012 www.LCWLEGAL.COM: LCWs 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 appears. " Social Media - ERC Members can now follow us on Twitter and our Labor and Employment blog. Twitter followers receive instanttweets to our alerts of firm publications, biog posts, attorney authored articles and upcoming speaking engagements, events and seminars. http:Utwitter.corn/Icwlega1. Blog subscribers receive weekly updates on fresh and new labor and employment issues from htto:/www.caipublicagencylaboremr)loymentblog.com. " 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 request for 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 (31.0) 981-2051. 111. Workshops for 2012/2013 " Managing the Marginal Employee (half day) " Difficult Conversations (half Day) Managing Performance Through Evaluation (half day) Preventing Workplace Harassment, Discrimination and Retaliation (half day) " Finding the Facts: Disciplinary and Harassment Investigations (half day) " Labor Code 101 for Public Agencies (half day) " Leaves, Leaves and More Leaves (half day) " Workplace Bullying: The Silent Epidemic (half day) Los Angeles I San Francisco I Fresno I San Diego u,ww.lcwle,EW.com EM- 11' LIEBERT CASSIDY WHITMORE Gateway Public ERC 2012/2013 Planning Meeting Notes April 24, 2012 • Accommodating Bad Behavior. Were Not Going to Take It (half day) • Best Practices for Public Employees (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 Norwalk will host Best Practices for Public Employees and Managing Performance Through Evaluation. Norwalk is willing to do a third workshop if needed. Lakewood will host Difficult Conversations. Greater Los Angeles Vector Control will host and City of Downey will do refreshments. La Mirada can host but only 75 people. Lynwood can host Managing the Marginal Employee. Commerce can host Leaves, Leaves and More Leaves. Huntington Park can host but only 80 theater style. Santa Fe Springs will host holiday party and planning meetings. o Maria will contact remaining agencies to determine who else is willing to host the remaining workshop days. If you are willing to host, please contact Maria at mbluth@lcwlegal.com or (310) 981.-2023. 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 1St or 2nd Thursday of the month. o Only one 1/2 day workshop or one full day workshop scheduled per month. IV. Rate • Membership fee is $2,913. • A $100 late fee will be applied after August 1, 2012. • 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 I San Francisco I Fresno I San Diego www.1cw1ega1.com