HomeMy WebLinkAboutLIEBERT CASSIDY WHITMORE(LCW) (2)INSURANCE NOT REQUIRED A-2023-208
WORK MAY PROCEED
CITY CLERK
DATE; DEC 0 4 2023
SA370
o•. Hrt-t, tl
�r�H)-wlr- AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the City of Santa Ana, 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 fifty (50) public agencies in the Orange 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 Attomey agree as follows:
Attorney's Services:
During Calendar year 2023, Attorney will provide the following services to Agency (and the other aforesaid
public agencies):
1. Sir (6) 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.)
Providing of monthly newsletter covering employment relations developments.
Amoral Access to Premium Liebert Library Services.
Fee:
Attorney will provide these special services to Agency for a fee of Four Thousand Five Hundred Forty Five
Dollars ($4,545.00) payable in one payment prior to August 15, 2023, The fee, if paid after August 15, 2023 will be
$4,645.00.
SA370
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 Forty to Four Hundred Twenty Five Dollars
($240.00 - $425.00) per hour for attorney staff, Two Hundred Seventy Dollars ($270.00) per hour for Labor
Relations/HR Consultant and from One Hundred Forty -Five to One Hundred Eighty -Five Dollars ($145,00 - $185.00)
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 concludes on December 31, 2023. 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 fifty
(50) local agency employers entering into a substantially identical Agreement with Attorney on or about
January 1, 2023.
LIEBERT CASSIDY WHITMORE
A
a
Date: f/ /?
CITY OF SANTA ANA
A Municipal Corporation
Name:
Title:
Date:
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney oL By: ai w A.
Laura A. Rossini
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JASON MOTSICU
Executive Director
Human Resources Agency
CITY OF SANTA ANA
Tom Hatch
Interim City Manager