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Home My WebLink AboutC21526 - Renewal - Liebert Cassidy Whitmore r-- � 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. SUBMITTED BY: Lori Carney, Human Resources Manager DATE: August 22, 2013 CONTENTS: Contract No. c2i526 Coachella Valley Employment Retations Consortium Recommendation: By Minute Motion: Approve Contract No. c21526 with Liebert Cassidy Whitmore (LCW) for membership in the Coachella Valley Employment Relations Consortium. Funds are available in Account # 110-4154-415-3121 Executive Summary: 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 Contract No. C21526 LCW Coachella Valley Employment Relations Consortium August 22, 2013 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. Training sessions scheduled for 2013/2014 include: o Performance Management: Evaluation, Documentation and Discipline o Preventing Workplace Harassment, Discrimination and Retaliation o Supervisory Skills for the First Line Supervisor/Manager o Advanced Retirement Issues for California's Public Employers o Legal Issues for Negotiators o Difficult Conversations o Front Line Defense (for Supervisors) o Legal Issues Related to Generational Diversity and Succession Planning: The Future is Here o Practicing Ethics in Public Employment Staff RepOrt Contract No. C21526 LCW Coachella Valley Employment Relations Consortium August 22, 2013 Page 3 of 3 Fiscal Analvsis: $4,158.00 - Funds are available in the 2013/2014 Human Resources Department's City Wide Training account (110-4154-415-3121) Submitted by: Lor' rney, Human Resources Manager A / Paul S. Gibson, Director of Finance ApprovaL• , J M. Wohlmuth, City Manager � C1TY COUNCTL AC�TON � AP1'ROVF:n l/ �P:NTI�'D RCCf�,IV�'_n OT3i I�:R MT:E'I'I:�IG llATT: ` � . � AY1?�;: N()i:�: �LJ�R A13S�:dT: :��n�t o Al��;'i'�Iti: VF,RIFIE[) l�v �K• ��^^ Original on File witt� City Clcrk's Oi'tice Contract No. C21526 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 tirnl of LIEBERT CASSIDY WHITMORE, A Professional Cozporation, hereinafter referred to as "Attorney." WHERF,AS Agency has the need to secure expert training and consulting services to assist Agency in its relations and negotiations with its employee arganizations; and WHEREAS Agency has determined that no less than thirteen (13) 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�m� is w3.11ing to p�rfann such services; NOW, THEREFORE, Agency and Attorney agree as follows: Attorne 's Services: During the year beginning July l, 2013, Attorney will provide the following services to Agency (and the other aforesaid public agencies): 1. Five (5) days of group training warkshops covering such employment relati�n.� subjects as management rights and obligat�ions, negotiation strategies, employment discrunination �t�d affirmative action, employment relations from the perspective of elected offici��is; �erformance evaluation (admir�istering evaluations), grievance and discipline administration for supervisc�rs 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 specitic subjects covered and lengths of individual workshop presentations to be determined by Agency and the other said l�cal 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 �L�,T�eIT1�11t Wc1T':uTitS i11eTC �tiii� �%Z 11Ct illt;iic i:iS� ui I,ic'O�Tt Cd�51ii"y' ��i12iT1;G,Ti: Iil2iitt"ial 11; i7tiii.i trainings or formats without the expressed written permission of Liebert Cassidy V4'hitmore. Any such use will constitute a violation of this agreement and copyright provisions. 2. Availability of Attorney for Agency to consult by telephone. 3. Providing of a monthly newsletter covering employment relations developments. Fee• Attorney will provide these special ser��ices to Agency for a fee of Four Thousand One Hundred I�'ifty Eight Dollars ($4,158.00) payable in. one payment pri.or to August 15, 2013. The fee, if paid after August 1 S, 20l 3 will be $4,258.00. Contract No. C21526 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 One Hundred Eighty to Three Hundred Dollars ($180.00 - $300.00) per hour for attorney staff and from Seventy to One Hundred Forty Dollars ($70.00 - $140.00) per hour far services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional anci liiigatian support staif �ill ±heir time in minimum units of oiie-tenth of an hour. Communications advice (telephone, voice-mail, e-mail) is billed in a minimum increment of three-tenths (.30) of an hour. Attorney reviews its hourly rates in an annual basis and if appropriate, adjusts them effective July 1. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Term• The term of this Agreement is twel��e (1�) moriths commencing July 1, 2013. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than thirteen (13) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2013. Dated: �� -�-$��-E'i I�j LIEBERT CASSIDY WHITMORE � A Professional �orporation � 4 �� r • By i i � Dated: CITY OF PALM DESERT A Municipal Corporation By-- LI�BERT` CASSIDY WHITMO�RE 6033 West Century Boulevard, 5'" Fioor Los Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 INVOICE June 25, 2013 Lori Carney Human Resources Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 (PA025-10000) INVOICE NUMBER: 166848 COACHELLA T�ALLEYEMPLOYMENT RELATIONS CONSORTIUM Membership: 07/01/13 through 06/30/14 TOTAL AMOUNT DUE: $4,158.00 If paid after August 1 S, 2013 amount due is $4,258.00 (Includes $100.00 late fee)