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HomeMy WebLinkAboutC21527 - Membership in CV Employment Relations ConsortiumCITY OF PALM DESERT HUMAN RESOURCES DEPARTMENT STAFF REPORT CONTRACT NO. C21527 REQUEST: Approve by minute motion the renewal of the contract with the law firm of Liebert Cassidy Whitmore (LCW), to maintain the City's membership in the Coachella Valley Employment Relations Consortium, and authorize the City Manager to sign this contract. SUBMITTED BY: Lori Carney, Director of Human Resources DATE: July 14, 2016 CONTENTS: Contract No. C21527 Coachella Valley Employment Relations Consortium Recommendation: By Minute Motion: Approve Contract No. C21527 with Liebert Cassidy Whitmore (LCW) for membership in the Coachella Valley Employment Relations Consortium. Funds are available in Account # 110-4154-415-3121 Executive Summarv: The City of Palm Desert is a long-standing member of the Coachella Valley Employment Relations Consortium. Membership entitles City employees to attend up to five full days of training in management and employment relations here in the Coachella Valley. The consortium is comprised of most of the other valley cities, Coachella Valley Water District and other special districts. Membership in the consortium provides the City with several advantages: • It offers specialized training for our Human Resources staff that is essential in keeping the City in compliance with the ever -changing rules and regulations that govern employment practices. Staff Report LCW Coachella Valley Employment Relations Consortium July 14, 2016 Page 2 of 3 • It provides other City executives, managers, and supervisors with important training in employment practices that is useful in the performance of their daily duties. • Preventing Workplace Harassment and Ethics in Public Employment sessions help the City meet State mandated training requirements. • It entitles members to receive basic legal advice from LCW partners and associates at no additional charge. • It is the only organized forum for Coachella Valley Human Resources professionals to discuss common issues and share innovations. • The Library Subscription provides access to workbooks as well as 200 sample forms, policies and checklists that can be used a templates. Training sessions scheduled for 2016/2017 include: o Difficult Conversations o A Guide to Implementing Public Employee Discipline o Advanced Investigations of Workplace Complaints o Preventing Workplace Harassment, Discrimination and Retaliation o File That! Best Practices for Document and Record Management o Labor Negotiations from Beginning to End o Public Service: Understanding the Roles and Responsibilities of Public Employees o Ethics in Public Service o 12 Steps to Avoid Liability o Technology and Employee Privacy Staff Report LCW Coachella July 14, 2016 Page 3 of 3 Valley Employment Relations Consortium Fiscal Analvsis: $5,260.50 - Funds are available in the 2016/2017 Human Resources Department's City Wide Training account (1104154-4312101) Submitted by: Lori Carn y, Director of Human Resources Moore, Director of Finance Approval: J i McCarthy, City Man MM LIEBERT CASSIDY WHITMORE INVOICE May 25, 2016 Lori Carney Human Resources 1111ancger City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 6033 West Century Boulevard, 5" Floor Los Angeles, California 90045 P:(310) 981-2000 F:(310) 337-0560 (PA 025-10000) INVOICE NUMBER: 1421380 COACHELLA VALLEY EMPLOYMENT RELATIONS CONSORTIUM Membership: 07101116 through 06130117 Please make your check out for one of the following amounts: ERC Membership $4,365.00 ERC Membership w/ Basic Liebert Library Subscription (optional) $4,770.00 ❑ Basic Subscription provides access to over 200 sample.forms, policies and checklists that can be used as templates. ERC Membership w/ Premium Liebert Library Subscription (optional) Premium Subscription provides unlimited access to LCW $5,260.50 workbooks in digital.format, as well as over 200 sample.forms, policies and checklists that can be used as templates. Note: Please send us a copy of this invoice along with your payment. For more information on the many benefits of Liebert Library, please visit www.lieberilibrarv.com. call Vladimir Power at 415.512.3011 and see the attached ad. If ERC Membership paid after August 1, 2016 amount due is $4,465.00 (Includes $100.00 late fee) I� LIEBERT CASSIDY WHITMORE May 26, 2016 Lori Carney IJuman Resources Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 6033 West Century Boulevard, 51h Floor Los Angeles, California 90045 T: (310) 981-2000 F:(310) 337-0560 Re: Coachella Valley Employment Relations Consortium Dear Ms. Carney: We are looking forward to another successful year with the Coachella Valley 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 five full days of training, our monthly Client Update, and telephone consultation. We are enclosing the planning meeting notes for your records. We will forward the schedule when it is ready. Enclosed is an Agreement for Special Services. Please execute and return a copy to our office. You'll note that the attached invoice gives you the option of subscribing (or renewing) your Liebert Library membership. We've combined this with the consortium billing for your ease. If you do not want to subscribe to the Library, simply check the box next to ERC only and submit that amount. If you do want to subscribe/renew, just check the corresponding box and return the amount indicated (the listed rate reflects the ERC discount.) If you have any questions about the consortium or our other training programs, please contact Cynthia Weldon, Director of Markciin, & 'I raining at (310) 981-2055 or cv eldon,ii 1C,.\ lei4al..com. We thank you for your membership and we look forward to another successful training year. Sincerely, LIEBER C IDY I-IITMORE BY: �0 J. , colt Ticdcmann Managing Partner Enclosures CONTRACT NO. C21527 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of Palm Desert, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of I,IEBERT 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 fifteen (15) public agencies in the Coachella Valley 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 ns follows: Attornev's Services: During the year beginning July 1, 2016, Attorney will provide the following services to Agency (and the other aforesaid public agencies): Five (5) 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 quick!y 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 Four "Thousand Three Hundred Sixty Five Dollars ($4,365.00) payable in one payment prior to August 1, 2016. The fee, if paid after August 1, 2016 will be $4,465.00. CONTRACT NO. C21527 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 July 1, 2016. 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 fifteen (15) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2016. Datcd: ' Z ` ` LIEBERT CASSIDY WHITMORE - - -- - -- A 11'rofes w al orporation By r Dated: CI Y OF PALM DESERT A unicipal Corporation By k .L Our firm is proud to present the Liebert Library — an online collection of trusted legal training and reference materials that cover a variety of public -sector labor and employment topics! For more than 30 years our attorneys have tirelessly worked to create an entire library of legal resources that covers a variety of labor and employment topics. Now you can Lcww°R►soors get on -demand access to our extensive collection of workbooks, sample forms, polices and checklists, including: Workbooks - The FLSA Compliance Guide - Principles for Public Safety Employment Annual Audit of Your Personnel Rules - Labor & Employment Relations Issues During Lean Times - Understanding Public Employee Retirement Issues Sample Forms and Polices - Checklist for POBR/FBOR Investigation - Reasonable Accommodation Policy - Sample Anti -Bullying Policy - Sample Discipline Policy - Social Media Policy We offer 2 levels of subscription for Liebert Library at economical prices that will allow you to lower future legal costs for your agency: 15. Basic Membership - Access to all of our sample forms and policies that we i use as appendices in our workbooks. You will have on -demand access to these documents and can download them in Word and PDF formats. 16. Premium Membership - Access to all of the benefits of our Basic Membership (see above), as well as the ability to read and reference our workbooks at any - time! You will also receive a $15 discount on the purchase of any workbook. For more information visit. www.LiebertLibrary.com Questions? Contact Vladimir Power at vpower@lcwlegaLcom or 415.512.3011 ® LIEBEKT CASSIDY WHITMOKE Coachella Valley ERC 201612017 Planning Meeting Notes May 12, 2016 I. Comments • The group had positive things to say about the presenters: Frances is great; Oliver, Danny and Mark were each good • The group is always interested in having more bells and whistles in the presentations. • Caitlin is tactful. Good timing on reminders and provided an appropriate reminder about the planning meeting • Consortium calls are going well • Liebert Library o Trustees should not have direct access o If you forget password email Vladimir Power (vpower@lcwlegal.com) • MP3 (the online Model Personnel Policy Portal) is available at liebertlibrary.com • Newsletter@lcwlei?al.com - some used to receive but now aren't. LCW is checking into this. Members should check to ensure that newsletter@lcwieg_al.com isn't getting caught in a spam filter. • Issues facing members include: o Public Records Act requests o Members are getting more pushback from unions ■ Reps are changing ■ Misc _ and management = CEA, SBPEA ■ Reps are not sharing correct information o Turnover and promotions • The group would like to offer the Harassment and Ethics workshops every year • Group would like to see webinars with half of the screen being the presenter and the other half being the slide • Will try to be equal in scheduling between Tuesdays, Wednesdays and Thursdays Los Angeles I San Francisco I Fresno I San Diego I Sacramento ww,w.Icxcle,-,al.com LIEBERT CASSIDY WHITMORE Coachella Valley ERC 201612017 Planning Meeting Notes May 12, 2016 • Public Sector Employee Relations Certificate Program: o Group recommends that the title be updated to: Public Sector Employment Relations Certificate o Participants will earn a Certificate upon completion of 8 out of approximately 10 designated courses. o Courses in the Public Sector Personnel Management Certificate Program include: ■ Maximizing Supervisory Skills for 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 Supervisors Guide to Labor Relations ■ Administering Overlapping Laws Covering Discrimination, Leaves and Retirement ■ Public Service: Understanding the Roles and Responsibilities of Public Employees 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 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. o Upon notification from the department, LCW will issue the certificate along with a letter to the agency's City Manager, General Manager etc. about the employee's Certification. Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lckcle<,al.com LIEBERT CASSIDY WHITMORE Coachella Valley ERC 201612017 Planning Meeting Notes May 12, 2016 o 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. II. Services Explained Consortium calls can be placed to any of the LCW offices: Los Angeles, San Francisco, Fresno, Sacramento or San Diego. Members may ask for a specific attorney, such as Peter Brown for FLSA questions, or any available attorney. Questions may also be submitted by email directly to the attorney or to info@lcwleaal.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. The newsletters are sent either via surface mail or via email. The email comes from Newsletter@lcwle>7al.com so please ensure that this email address is accepted by your system. • 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 Caitlin Martin 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. • Webinars - LCW has designated select webinars for consortium members only. Additionally, LCW provides webinars that are open to all public agencies, but provides them at a discounted rate for consortium members. A list of upcoming (and archived webinars) can be found at: www.lcwlegal.com/seminars • WWW.LCWLEGAL.com: LCW's website is fully searchable for specific articles and content appearing in our monthly newsletters and our annual Legislative Round -Up. Social Media - ERC Members can now 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. htti)://twitter.com/lcwlegal. Blog subscribers receive weekly updates on fresh and new labor and employment issues from htto://www.caIoubiicaaencylaboremoloymentblop.com. • Individual/customized training: Los Angeles I San Francisco I Fresno I San Diego I Sacramento w","'.lcw-le,_,al.com LIEBERT CASSIDY WHITMORE Coachella Valley ERC 201612017 Planning Meeting Notes May 12, 2016 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. 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 can 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. III. Workshops for 2016/2017 • Difficult Conversations (Half Day) • A Guide to Implementing Public Employee Discipline* (Half Day) • Advanced Investigations of Workplace Complaints (Half Day) • Preventing Workplace Harassment, Discrimination and Retaliation (Half Day/Will be held on the same day as the Ethics training/ Early December) • File That! Best Practices for Document and Record Management (Half Day) • Labor Negotiations from Beginning to End (Half Day/February) • Public Service: Understanding the Roles and Responsibilities of Public Employees* (Half Day) • Ethics in Public Service (Half Day/Will be held on the same day as the Harassment training/ Early December) • 12 Steps to Avoiding Liability* (Half Day) • Technology and Employee Privacy (Half Day) *Applicable for credit in the Public Sector Personnel Management Certificate Program Please note that LCW will be updating workshop titles. The title of the workshop may change but the content discussed at the planning meeting will remain as discussed. • Workshop hosts: o Palm Desert, Cathedral City, Coachella, La Quinta, Coachella Valley Mosquito and Vector Control and Coachella Valley Water have volunteered to host. Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.Icw!e<,aI.com I.IEBERT CASSIDY WHITMORE Coachella Valley ERC 201612017 Planning Meeting Notes May 12, 2016 o Hosting requires the agency representative(s) to arrive early, distribute material, staff the registration desk, box up any extra material to give to the presenter, and collect evaluation forms and sign -in sheets. o Non -host agencies may volunteer to assist with registration or refreshments by contacting the host agency directly. • Workshop scheduling: o The group would like to hold workshops on Tuesdays, Wednesdays and Thursdays IV. Rate • Membership fee is $4,365. • A $100 late fee applies after August 1, 2016. Los Angeles I San Francisco I Fresno I San Diego I Sacramento ��ww.Icw1c,:aLcom