HomeMy WebLinkAboutC-8338-2 - Agreement for Special ServicesNE 020
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the City of Newport 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
workforce management and employee relations; and
WHEREAS Agency has determined that no less 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, 2021, Attorney will provide the following services to Agency (and the
other aforesaid public agencies):
Twelve half 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. 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 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.)
Providing of a monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to Agency for a fee of Three Thousand Four Hundred Twenty
Five Dollars ($3,425.00) payable in one payment prior to February 1, 2021. The fee, if paid after February 1, 2021
will be $3,525.00.
9499253.1 ER020-013
NE020
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.
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, 2021. 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-seven (47) local agency employers entering into a substantially identical Agreement with Attorney on or about
January 1, 2021.
LIEBERT CASSIDY WHITMORE
A Professional Curnoration
Tiedemann / Managing Partner
Date:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
ByJrn C. Harp, City A orney
9499253.1 ER020-013
CITY OF NEWPORT BEACH
A Municipal Corporation
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Nam
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Attest:
Leilani 1. Brown, NIG, City Clerk
Date: