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Home My WebLink AboutC-4146 - Agreement for Special ServicesC -kAAY AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the CITY OF NEWPORT 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 (40) 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, 2009, Attorney will provide the following services to City (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 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. 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, 2009. `the fee if paid after February 1 A2,609 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. 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- $130.00) per hour for services provided by paraprofessional staff. Attorneys and paraprofessional staff bill their time in minimum units of one -tenth of an hour. Communications advice (telephone, voice -mail, e- mail).is billed in a.minimum increment of three- tenths (.30) of an hour. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Term: The term of this Agreement is twelve (12) months commencing January 1, 2009. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than forty (40) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2009. Dated: 1Z,- I f lb L LIEBERT CASSIDY WHITMORE A Professional Co By Ll /�'vf ' 0 Dated: Z 10 oq CITY OF NEWPORT BEACH A Municipal Corporation 7' —� NUM LIEBERT CASSIDY WHITMORE A PROFESSIONAL LAW CORPORATION 6033 W. Cenmry$oule�mrd, Suite 500 Los Angeles, California 90045 Tel: (310) 981 -2000 • Far: (3 10) 337 -0560 ww .Imlegalsom December 2, 2008 Gwendolyn Bouffard Human Resources Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 (ER020 -013) INVOICE NUMBER: 96105 ORANGE COUNTYEMPLOYMENT RELATIONS CONSORTIUM Membership: 0110112009 through 1213112009 TOTALAMOUNTDUE: $2,759.00 If paid after February], 2009 amount due is $2,859.00 (Includes $100.00 late fee) Los ANOF-LES • SAN FRANCISCO • FRESNO LIEBERT CASSIDY WHITMORE EMPLOYMENT LAW I LABOR REIATIONs I EDUCATION LAW I MANAGEMENT TRAINING Orange County ERC 2009 Planning Meeting Notes November S, 2008 I. Comments LCW tracked workshop evaluation comments and attendance over the course of the training year. It was decided that the group would not split, but would instead split the locations of where the workshops are held. o Half of the workshops will be held at Costa Mesa o The other half will be split between Anaheim and Cypress a Consortium liked the "A No Holes Barred Approach to Employee Body Piercing, Tattoos and Dress Codes" workshop. It was one of the most popular. Regarding the "Public Sector Employment Law Update" workshop, the group felt there was too much information presented in a short period of time. Three hours is not sufficient. o A lot of material was presented at an uneven pace and the cases were very technical during the first hour. o The presenter, Brian Walter, was not as dynamic as the other presenters. a The workshop announcements are distributed in a timely manner. a The Consortium does a good job submitting registration forms by the deadline. 11. 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 @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. • 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. Los Angeles (310) 981 -2000 a Fresno (559) 256 -7800 0 San Francisco (415) 512 -3000 www.lcwlegal.com LIEBERT CASSIDY WHITMORE A PROFESSIONAL LAW CORPORATION 0033 W. Century Boulevard, Suite 500 Los Angeles, California 90045 Tel: (310) 9812000 • Fan: (310) 337 -0560 "vv'.IcwleyzI Cora December 8, 2008 Gwendolyn Bouffard Human Resources Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Orange Como Employment Relations Consortium Dear Ms. Bouffard: 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 are pleased to provide the consortium with six full days of training, our monthly Client Update, and telephone consultation. The workshops chosen for the upcoming training are listed on the enclosed planning meeting notes. We will send a detailed schedule of the workshops in the next few weeks. 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 Training & Marketing at (310) 981 -2055 or cweldon@lcwlegal.com. We thank you for your membership and we look forward to another successful training year. Enclosures Sincerely, LIEBERT=Oturica--�� CASSIDY W�HfI /T� BY: Managing Partner Los ANGELES ^ SAN FRANcisco a FRESNO