HomeMy WebLinkAboutC21522 - LCW - Employment Relations ConsortiumContract No. C21I
CITY OF PALM DESERT
HUMAN RESOURCES DEPARTMENT
STAFF REPORT
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.
DATE: June 22, 2006
CONTENTS: 1) Proposed Agreement for Special Services between the City and
LCW
2) Membership invoice for fiscal year 2006/07
SUBMITTED BY: Lori Carney, Human Resources Manager
Recommendation:
Approve renewal of the contract with LCW enabling the City to maintain its membership
in the Coachella Valley Employment Relations Consortium, authorize the City manager
to sign the proposed contract with LCW, and authorize the payment of the annual
membership fee of $3,452.00 before August 1, 2006.
Discussion:
The City of Palm Desert is a long-standing member of the Coachella Valley
Employment Relations Consortium. 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.
It provides other City executives, managers, and supervisors with important
training in employment practices that is useful in the performance of their
daily duties.
W.1Agenda Items12006-June 221LCW ConsorLum 2006.doc
It entitles members to receive basic legal advise from LCW partners and
associates at no additional charge.
• It is the only organized forum for Coachella Valley Human Resources
professionals to get together on a regular basis to discuss common issues
and share innovations.
Fiscal Impact: $3,452.00 (Funds have been requested in the 2006/2007 Human
Resources Department's City Wide Training account (110-4154-
415-3121)
Submitted by:
LORI CARNEY
Human Resources Manager
Approval:
7 r_
CARLOS L. OR GA
City Manager
ewed approved:
SHEILA W Z;ILLIGAN
Assistant City ManagE
Community Services
O)a4-
PAUL GIBSON
Finance Director
G.tHR\HR Group Documents\StaH ReportslLCW Consortium 2006 doc
LIEBERT CASSIDY WHITMORE
A. °RO=ESSIONAL LAW -CORPORATION
6C33 West Century Blvd., Suite 500
Los Angeies, CA 90045
Tel: (31C) 98'-200C Far.: (310; 337-0837
Tar. !D: 95-3658972
INVOICE
March 27, 2006
Sheila Gilligan
Assistant City Manager of Community Services & Public Information
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
(ER020-004)
INVOICE NUMBER: 65107
COACHELLA VALLEY EMPLOYMENT RELATIONS CONSORTIUM
Membership: 07101106 through 06130107
TOTAL AMOUNT DUE: $3,452.00
If paid after August 1, 2006 amount due is $3,552.00
(Includes $100.00 late fee)
LIEBERT CASSIDY WHITMORE
A PROFESSIONAL LAW CORPORATION
6033 W CENTURY BOULEVARD. SU7rE 500 1 575 E LOCUST AVENUE. SUrrE 302 153 TOWNSEND STREET. SUITE 520
LOS ANGELES. CA 90045 FRESNO, CA 93720 SAN FRANCISCO. CA 94107
T: (310) 981-2000 F: (310) 3370837 1 T: (559) 256-7800 F (559) 449-4535 T: (415) 512-3000 F: (415) 856-0306
March 27, 2006
Sheila Gilligan
Assistant City Manager of Community Services & Public Information
City of Palm Desert t• =
73-510 Fred Waring Drive __U _' r':
Palm Desert, CA 92260-2578 v
Re: Coachella Employment Relations Consortium
Dear Ms. Gilligan: r;
r�s —
un
We are looking forward to another successful year with the Coachella 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.
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. Contracts are
being sent now so that those agencies that wish to pay all, or part, of the enclosed invoice during the current fiscal
year may do so.
Some members have requested information regarding our customized training. We provide training outside
of the consortium on a variety of topics, all of which can be customized to include your policies and procedures. Our
current rates for individual training are from $1,600 to $2,000 for a three hour, half -day presentation and $2,500 -
$3,000 for a six hour, full -day presentation. The rates vary depending on who the presenter is. We are willing to
provide this customized training for an individual agency or a group of agencies so that the rate can be pro -rated.
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(c)lcwleeal.com.
We thank you for your membership and we look forward to another successful training year.
Enclosure
Sincerely,
LIEBERT CASSIDY WHI M
BY:
Melanie M. Poturica
Managing Partner
www.lcwlegal.com
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the CITY OF PALM DESERT, 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 eleven (11) 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 City and is willing to perform such services;
NOW, THEREFORE, City and Attorney agree as follows:
Attornev's Services:
During the year beginning July 1, 2006, Attorney will provide the following services to
City (and the other aforesaid public agencies):
1. 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 City and the other said
local agencies.
2. Availability of Attorney for City to consult by telephone.
3. A monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to City for a fee of Three Thousand Four
Hundred Fifty Two Dollars ($3,452.00), payable in one payment prior to August 1, 2006. -N
ZOO. 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
Sixty Dollars ($160.00 - $260.00) per hour for attorney staff and from Ninety -Five Dollars to
One Hundred Ten Dollars ($95.00- $110.00) 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 July 1, 2006. 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 eleven (11) local agency employers entering into a substantially identical
Agreement with Attorney on or about July 1, 2006.
Dated: ` 0 u LIEBERT CASSIDY WHITMORE
A Professional Corporation
Dated: CITY OF PALM DESERT
A Municipal Corporation
LIEBERT CASSIDY WHITMORE
EMPLOYMENT LAW I LABOR RELATIONS I EDUCATION LAW I MANAGEMENT TRAINING
Coachella Valley ERC
2006-2007 Planning Meeting Notes
3-6-06
I. Comments
• Agencies should observe the intended audience. LCW provides a guide as to who
should attend the workshops and requests that they agency 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.
• Sign up sheets:
o When no one from your agency/city is going to attend the workshop(s),
please send the sign up sheet(s) back by fax/email with "not attending" on
line 41 and your city/agency at the top where indicated. This helps cut
cost of:
■ time (phoning each member to find out if someone is attending)
• copying and adding material to a copy order when extras are not
needed
■ money spent on refreshments (where applicable)
o Please get your sign -in sheets in by the deadline.
• Consortium Calls can be placed to any of the LCW offices: Los Angeles, Fresno or
San Francisco. Members may ask for a specific attorney or any available
attorney. Questions may also be submitted by email directly to the attorney or to
info@lcwlelral.com
• 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. Once on our site, click on "search" under "News and Publications" and enter
key words relating to the specific subject or bill you're seeking information on.
For example, if you'd like information regarding bill `AB 1825', simply type in 'AB
1825' in the search box and the information you need, will appear.
• Reminded group that new supervisory employees needed to have Preventing
Harassment Training completed within 6 months of becoming a new supervisor.
• LCW Options to comply with AB 1825:
o Train the Trainer -can be scheduled at your location if there are at least 3
people in attendance. LCW is also offering a Train the Trainer session on
April 27 in San Francisco; May 9th in Fresno and May 12th in Los Angeles
- registration available at www.lcwleg-al.com
o LCW is offering sessions on May 23rd in Los Angeles, June 6th in Fresno
and June 8th in San Francisco - registration available at www.lcwleaal.com
o ERC Workshop (Coachella Valley ERC did not select this workshop)
o Individual/Customized Training
Los Angeles (310) 981-2000 • Fresno (559) 256-7800 • San Francisco (415) 512-3000
www.lcwlegal.com
LIEBERT CASSIDY WHITMORE
EMPLOYMENT LAW I LABOR RELATIOVs I EDUCATION LAW I MANAGEMENT TRAINING
Coachella Valley ERC
2006-2007 Planning Meeting Notes
3-6-06
Ethics in Public Service AB 1234:
o Elected and appointed officials need to have Ethics training completed by
January 1, 2007 and every two years thereafter.
o LCW is offering the required training through:
■ Training sessions in June in Los Angeles, Fresno and San Francisco
• ERC Workshop (as was selected by the Coachella Valley ERC)
■ Individual/Customized Training
o The following need to receive the training: Any member of the legislative
body, that term is defined by Government Code 54952 as follows:
■ (a) The governing body of a local agency or any other local body
created by state or federal statute.
■ (b) A commission, committee, board, or other body of a local
agency, whether permanent or temporary, decision making or
advisory, created by charter, ordinance, resolution, or formal action
of a legislative body. However, advisory committees, composed
solely of the members of the legislative body that are less than a
quorum of the legislative body are not legislative bodies, except
that standing committees of a legislative body, irrespective of their
composition, which have a continuing subject matter jurisdiction, or
a meeting schedule fixed by charter, ordinance, resolution, or
formal action of a legislative body are legislative bodies for
purposes of this chapter.
• Succession planning -would like to see something on this but there may not be
enough legal issues to make it an LCW workshop.
Los Angeles (310) 981-2000 • Fresno (559) 256-7800 • San Francisco (415) 512-3000
www.lcwlegal.com
LIEBERT CASSIDY WHITMORE
EMPLOYMENT LAW I LABOR RELATIONS j EDUCATION LAW I MANAGEMENT TRAINING
Coachella Valley ERC
2006-2007 Planning Meeting Notes
3-6-06
II. Workshops for 2006/2007
• Maximizing Performance Through Evaluations (half day) and FLSA: New
Developments and Hot Topics (half day) Indio to host
• Public Service 101(half day) and Ethics in Public Service (half day) Palm Desert
to host.
• Personnel Issues: Hiring, Reference Checks and Personnel Records & Files (full
day)
• Public Sector Employment Law Update (half day) and Leaves, Leaves and More
Leaves (half day)
• Disability Discrimination/FMLA/WC/Disability Retirement: Administrating
Overlapping Leave Laws (full day)
Hosts: Cities of Palm Desert, Cathedral City, Indian Wells, Indio and Banning (Banning
will host a full day workshop in the Spring.)
III. Rate
• Membership fee is $3,452.
• $100 late fee to be paid after August 1, 2006.
• Invoices and contracts will be sent immediately so that any agency wanting to pay
all or part of the membership fee from this year's budget may do so.
Los Angeles (310) 981-2000 • Fresno (559) 256-7800 • San Francisco (415) 512-3000
www.lcwlegal.com