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HomeMy WebLinkAboutC-8338-3 - Agreement for Special Servicesv This Agreement is entered referred to as "Agency," and the hereinafter referred to as "Attorney." NE020 AGREEMENT FOR SPECIAL SERVICES into between the City of Newport Beach, A Municipal Corporation, hereinafter law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, 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 fifty (50) 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, 2023, 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. 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. 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. Providing of a monthly newsletter covering employment relations developments. Fee Attorney will provide these special services to Agency for a fee of Three Thousand Six Hundred Forty Five Dollars ($3,645.00) payable in one payment prior to March 1, 2023. The fee, if paid after March 1, 2023 will be $3,745.00. NF020 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, 2023. 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 fifty (50) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2023. LIEBERT CASSIDY WHITMORE A Professional Corporation By Scott Tiedemann / Managing Partner Date: 1i Attest: i Uilani I. Brown, MMC. City Clerk Date: CITY OF NEWPORT BEACH A Municipal Corporation By: Name:h�/�Zf Title: T U r HV NtA-� Kz Dlr' c.J Date. J I n APPROVED AS TO FORM: CITY ATTO EY'S OF CF. r Byr C. Harp, City Attorney