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HomeMy WebLinkAboutLiebert Cassidy Whitmore 2017-03-25; Amendment 3 2019-12-31UK229 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, 2020, Attorney will provide the following services to Agency (and the other aforesaid public agencies): 1. 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.) 3. 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. UK229 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 Ten to Three Hundred Ninety Dollars ($210.00 - $390.00) per hour for attorney staff, Two Hundred Forty Dollars ($240.00) per hour for Labor Relations/HR Consultant and from One Hundred Thirty -Five to One Hundred Seventy -Five Dollars ($135.00 - $175.00) 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, 2020. 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, 2020. LIEBERT C : SSIDY WHITMORE A Professio , Corporation By Date: ott Tiedemann / Managing Partner 9115649.1 ER020-031 CITY OF UKIAH A Municipal Corporation By: Name: Title: Date: TO: SUBMITTED DATE: PROJECT CONTRACT APPROVAL & AUTHORIZATION TO PROCEED NOTE: The City Manager will sign contracts once all initials have been signed. CITY MANAGER CONTRACT#: 1617-175 ,A3 BY: Sheri Mannion February 3, 2020 NAME: LCW Annual Renewal Agreement for Special Services Initial Below CHECKLIST & ROUTING FOR APPROVALS REVIEWED AND APPROVED BY 1. Procurement Manager Sourcing method and justification (attach documentation if necessary): ( Renewal to CM City Council Approval Date: 3/15/17 Council Approved Automatic Agenda Item No.: Authorization Budget No(s).: Note: Please attach post meeting staff report showing approval, and any documentation or description showing funding. 2. City Attorney , Note: If you have an email approval from the City Attorney, then you may 1 attach a copy of the email and reference it in lieu of initials. 3. Risk Manager Note: Attach insurance documents.5..,,c(j 4. City Clerk ADDITIONAL COMMENTS: S ruci_ le- ( t 7 n • i http://inet/risk/Contracts/Forms/AllItems.aspx