HomeMy WebLinkAboutLiebert Cassidy Whitmore 2018-01-01(',&4 AV /UI-7-1Z�
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the City of Ukiah, 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 seven (7) public agencies in the Mendocino 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, 2017, Attorney will provide the following services to Agency (and the
other aforesaid public agencies):
Three (3) 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
Fees will be paid by the Redwood Empire Municipal Insurance Fund (REMIF). 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 Agency, make itself available to Agency to provide representational,
litigation, and other employment relations services. The Agency 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
Agency.
The range of hourly rates for Attorney time is from Two Hundred to Three Hundred Fifty Dollars ($200.00 -
$350.00) per hour for attorney staff, One Hundred Ninety -Five Dollars ($195.00) per hour for Labor Relations/HR
Consultant and from Seventy -Five to One Hundred Sixty Dollars ($75.00 - $160.00) per hour for services provided by
paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in
minimum units of one-tenth of an hour. Attorney reviews its hourly rates on 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 January 1, 2017. 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
seven (7) local agency employers entering into a substantially identical Agreement with Attorney on or about January
1, 2017.
Dated:
Dated: 3, iC i`7
LIEBERT CASSIDY WHITMORE
A Profess'onal Corporation.
By li� I
CIT F UKIAH
A Mu icipal Corporation
By
FIM L.IE[3ERT CASSIDY WHITMORE
EMPLOYMENT RELATIONS CONSORTIUM
PLANNING MEETING NOTES • NOVEMBER 2, 2016
MENDOCINO COUNTY ERC
1) Comments
• The webinars were discussed. It was said that they may not get attendance and that 3
hours is too long.
• The members really enjoyed the Maximizing Supervisory Skills for the First Line
Supervisor workshop. It was a good presentation.
• It was mentioned that some members are having issues with receiving our newsletter
and other marketing emails. LCW is looking into this and working on a solution.
• The LCW Public Sector Employment Relations Certificate Program was discussed and will
be implemented for the upcoming training year. The key elements are:
o Participants will earn a Public Sector Employment Relations Certificate upon
completion of 8 out of approximately 10 designated courses.
o Courses in the Public Sector Employment Relations Certificate Program include:
■ Maximizing Supervisory Skills for the First Line Supervisor
■ Performance Management: Evaluation, Documentation and Discipline
■ A Guide to Implementing Public Employee Discipline
■ 12 Steps to Avoiding Liability
■ Introduction to the FLSA
■ Leaves, Leaves and More Leaves
■ Privacy Issues in the Workplace
■ A Supervisor's Guide to Labor Relations
■ Administering Overlapping Laws Covering Discrimination, Leaves and
Retirement
• Public Service: Understanding the Roles and Responsibilities of Public
Employees
o Participants have a three year period in which to complete the designated
workshops.
o At the end of each designated workshop the attendee will receive a certificate for
that course. The certificate will be available at the workshop site.
o Agencies that track per workshop attendance may also keep record of
designated workshop attendance.
o Upon receipt of 8 certificates, the participant will submit them to the Human
Resources Department, who will notify LCW. Agencies that track attendance may
also notify LCW without the participant needing to submit the forms to HR.
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*1 EMPLOYMENT RELATIONS CONSORTIUM
o Upon notification from the department, LCW will issue the formal certificate along
with a letter to the agency's City Manager, General Manager etc. about the
employee's Certification.
• Employees who attend other consortium's trainings may use those workshops to meet
the requirements. By registering with LCW first, LCW will make sure a certificate is
available for the course.
2) Services Explained
• Consortium Calls: Can be placed to any of the LCW offices: Sacramento, San Francisco,
Fresno, Los Angeles or San Diego. Members may ask for a specific attorney or any
available attorney. Questions may also be submitted by e-mail directly to the attorney or
to info@Icwlegal.com.
• LCW's website: www.lcwleaal.com 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 Knowledge" and enter keywords relating to the
specific subject or bill you're seeking information on. For example, if you'd like
information regarding bill 'AB 1234', simply type in 'AB 1234' in the search box and the
information you're seeking 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. Currently our rate for a three-hour, half-day session
ranges from $1,750 - $2,200 while a six -hour, full day session ranges from
$2,750 - $3,300. If you schedule two half day sessions on the same day, we
will honor the full day rate.
o LCW would be happy to 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 (310) 981-2051.
Consortium Workshops across the State: ERC members are able to attend other
Consortiums' workshops. If you are interested in attending, you must contact Crystal
Adams two weeks prior the scheduled workshop. Once all the registration sheets are
received from the host Consortium, if space is available, members from other
Consortiums are able to attend. There is no cost to attend another Consortiums'
workshop, unless they require a per person/ refreshment fee.
Newsletters: LCW has multiple monthly newsletters: Client Update, The Briefing Room
(geared towards law enforcement) and Fire Watch (geared towards Fire Safety
Personnel). Members may sign up for any or all of these publications. The newsletters
are sent either via surface mail or via e-mail. The e-mail comes from
newsletter@lcwlegal.com so please ensure that this e-mail address is accepted by your
system.
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®' UFRERT CASSIDY WI-IITMORE
EMPLOYMENT RELATIONS CONSORTIUM
• Social Media: ERC members can follow us on Twitter and our Labor and Employment
blog. Twitter followers receive instant tweets to our alerts of firm publications, blog
posts, attorney authored articles and upcoming speaking engagements, events and
seminars (tw tter_corn/1cwlega-l). Blog subscribers receive weekly updates on fresh and
new labor and employment issues from www -A-__ Yin
• Liebert Library: An online collection of LCW reference material: www_Lie_bertLi-brary.com
• Liebert Model Personnel Policy Portal (LMP3): An online based one-stop shop for
personnel policy needs. Its mission is to serve as a reliable resource throughout the
personnel rules audit process. www.LicbertLibrary.com
• Webinars: LCW has designated select webinars for consortium members only.
Addilionally, LCW provides webinars that are open to all public agencies, but provides
them at a discounted rate for consortium members. A list of upcoming webinars and
webinars on demand can be found at: www.lcwle5al.cc)i.i,-i,/events-and..,train-in5
• Reminder: LCW reminds agencies that they are responsible for monitoring who is
registering for the workshops. LCW provides a guide as to who should attend the
workshops and requests that the agency use its best discretion when registering
employees as the composition of the audience can impact the message and tone of the
workshop.
3) Workshops (3 full days of training to be held on Thurs. If Wed. is needed. avoid 31d Wed.)
• The Art of Writing the Performance Evaluation (Half Day)
• A Guide to Implementing Public Employee Discipline (Half Day)
• Supervisor's Guide to Public Sector Employment Law (Half Day)
• Legal Issues Regarding Hiring (Half Day)
• File That! Best Practices for Document and Record Management (Half Day)
• Advanced FLSA (Half Day)
4) Workshop Hosting
• The Cities of Ukiah and Willits have volunteered to host. Ukiah would like to host twice.
• Those agencies that cannot host are welcome to assist a host agency with refreshments,
registration check-in, etc.
5) ERC Membership Fee
• The 2017 annual membership fee is $2,890 per agency.
• A late fee of $100 will be accessed if payment is not received by February 1, 2017.
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