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HomeMy WebLinkAboutC21524 CV Employment Relations ConsortiumREQUEST: Contract No. C21524I: CITY OF PALM DESERT HUMAN RESOURCES DEPARTMENT STAFF REPORT 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 12, 2008 CONTENTS: 1) Proposed Agreement for Special Services between the City and LCW 2) Membership invoice for fiscal year 2008/09 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 $3,770 before August 1, 2008. 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:lAgenda Items12008-06-121CW Consortium 2008 - HR.docx • 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 get together on a regular basis to discuss common issues and share innovations. Fiscal Impact: Submitte ORI CARNEY Human Resources Manager $3,770.00 (Funds have been requested in the 2008/2009 Human Resources Department's City Wide Training account (110-4154- 415-3121) Approval: CARLOS L. City Manager RTEGA 1.:ITY APPROVED COUNCIL/ACTION: DENIED__ RECEIVED OTHER MEETING DATE AYES: NOES: ABSENT : NT>n1' ABSTAIN:_111 VERIFIED BY: )riginai on File ei:z - 'e1 ed and Appro / i AHEILA R. GI IGAN Assistant City Manager for Community Services 7 !v • J PAUL GIBSON Finance Director I r) (j__, ty Clerk's Office WAAgenda Items\2008-06-12\LCW Consortium 2008 - HR.docx Contract No. C21524 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 LIERERT CASSIDY WIIITMORE, A Professional Corporation, hereinafter referred to as "Attorney." WIIEREAS 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 pertbrm such services: NOW, TIIEREFORE, City and Attorney agree as fellows: Attorney's Services: During the year beginning July 1, 2008, 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. It is expressly understood that the material used during these presentations, including written handouts and projected „elms are provided .,ciel forthe tr' ct 1 powerr. }' contracted cu ":V1AJAj:i s. "Pais agreement warrants there will be no future use of I,iebert 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. 3. A monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to City for a fee of Three Thousand Seven Hundred Seventy Dollars ($3,770.00), payable in one payment prior to August 1, 2008. The fee, if paid after August 1, 2008 will be $3,870.00. Contract No. C21524 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 he billed for the actual time such representation services are rendered, including reasonable travel time, plus any necessary costs and expenses authorized by the City. l'he range of hourly rates for Attorney time is from One Hundred Sixty to l'wo 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 July 1, 2008. 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 (1 1) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2008. Dated: .5>Z49 LIEBERT CASSIDY WHITMORE A Professional Corporation By Dated: CITY OF PALM DESERT A Municipal Corporation By LIEBERT CASSIDY WHITMORE A PROFESSIONAL LA')' CORPORA I ION 6033 W. Centur} Boulevard, Suite 500 Los Aneele.,, California 90045 Tel: (310)981-2000 • Fax: (310) 337-0560 www.lc+a leial.corn INVOICE May 16, 2008 Sheila Gilligan Assistant City Manager of Community Services & Public Information City of Palm Desert 73-5 10 Fred Waring Drive Palm Desert, CA 92260-2578 (ER020-00-J) INVOICE NUMBER: 88226 COACHELLA VALLEY EMPLOYMENT RELATIONS CONSORTIUM Membership: 07/01/08 through 06/30/09 TOTAL AMOUNT DUE: $3, 770.00 If paid after August 1, 2008 amount due is $3,870.00 (Includes 5100.00 Late fee) LOS ANGELES • SAN FRANCCISC.O • FRFSNO