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HR Labor Negotiation Services AmendmentAGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of San Rafael, 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 relations and negotiations with its employee organizations; and WHEREAS Agency has determined that no less than twenty-three (23) public agencies in the SonomalMarin 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 as follows: Attorney's Services: During the year beginning January 1, 2013, Attorney will provide the following services to Agency (and the other aforesaid public agencies): Four (4) 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. 3. Providinc, of a monthly newsletter covering employment relations developments. Fee• Attorney will provide these special services to Agency for a fee of Two Thousand Fight Hundred Forty Six Dollars ($2846.00) payable in one payment prior to February 15, 2013. The fee, if paid after February 15. 2013 will be 52946.00. 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 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. 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 twelve (12) months commencing January 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 twenty-three (23) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2013. Dated:_ 12 / 22 - Dated: Approved as to forrni, "rov", LIEBERT CASSIDY WHITMORE A Professional Corporation By B, I CITY OF SAN RAFAEL A Municipal Corporation B z-- rSTPr7-T—.TBER -Nr, 'City Clerk LIEBERT CASSIDY WHITMORE December 27, 2012 Anil Comelo Human Resources Director City of San Rafael PO Box 151560 San Rafael, CA 94915 Re: SononwlVfat"in Employment Relations Consortium Dear Mr. Comelo: 6033 West Century Boulevard, 511, Floor Los Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 We are looking forward to another successful year with the Sonoma/Marin 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 four 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. Some members have requested information regarding our customized training. We provide training outside of the conso►-tium 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 oro -rated. If you have any questions regarding this change or about the consortium in general, please contact Cynthia Weldon, Director of Marketing & Training, at (3 10) 981-2055 or cweldon(ii lcwlegal.com. We thank you for your membership and we look forward to another successful gaining year. Sincerely, LIEBERT CASSIDY ) `HITMORE Mal k 1-1. Meverhoff Partner Enclosures ��", ��/E8EQTK—^�n�S|[)Y "r��/ 8lTM(]RE PLANNING MEETING NOTES * NOVEMBER 15, 2012 1) Comments * Sonoma/Marin ERC members felt the workshops wagreat this year * Chris ksresponsive and the announcements are sent out inatimely manner ° Sonoma/Marin refreshment fee was reduced hy$50for the 2013year * Consortium calls had mixed reviews by one member: delayed response to consortium calls. LCVVwill address this with the attorneys. Consortium clients can expect return phone call within the same day. ~ Members were reminded that they were welcome tnattend other consortium's vvebinars. ERC members will receive a monthly email alerting them to upcoming consortium on|ywebinars. * Sonoma Mountain Village have hard chairs and the audio was bad, but has gotten better and the Members would like to continue using it for future workshops ° Memberagenoiesanenendndto^host^theworkshops-setupandstaffthe registration tables atSonoma Mountain Village. The cities ofNovato and Rohnert park and the County ofMarin volunteered toassist inthis manner. 2) Services Explained *Consortium Calls can be placed tothe San Francisco, Fresno, Son Diego or Los AnQe|esDffices. Members may ask for aspecific attorney orany available attorney. Questions may also besubmitted byemail directly tothe attorney o/to iofully searchable for specific articles and content appearing inour monthly newsletters and our annual Legislative Round-Lp. Once on nursit*.c|iokon^aeorch^undar^NewsandPub|ioationa^ondentorkoywmrds relating tothe specific subject o/ bill you're seeking information on. For example, if you'd like information regarding bill 'AB 1234'' simply type in 'AB 1234' in the search box and the information you're seeking will appear. o Includes the incorporation nfyour policies and procedures, aswell asan original set of materials for your reproduction. o Any ofthe workshops listed unthe Master Workshop Topics List can be presented outside ofthe consortiumtnone specific agency o,agroup of agencies toshare the cost. Our rate for athrea'hour,half day session ranges from $1,600 $2,000 while a six -hour, full day session ranges from $2.500 $3.000. |fyou schedule two half day sessions on"he same day, *awill[ honor the full day rate. Los Ange|es I Son Francisco i Fresno 1 Son Diego V � u~lE8EKT~� �ASS|OY ry��/ HlTM[]KE o LCVVwould behappy tosend ane-mail toother agencies ifarequest for en individual workshop has been made and the agency requesting the workshop wishes tocombine with other agencies. For more information, contact Anna Sanrnne-Ortizat(310)Q81,2O51. * ERC Members are able to attend other Consortium's workshops. If you are interested in attending, you must contact Chris Fondacaro 2 weeks prior the scheduled workshop. Once all the registration sheets are received from the host Consortium, if there is space available, Members from other consortiums are able to attend. There is no cost to attend another Consortiums workshop, un/msathoy require a refreshment fee. * Newsletters - LCW has Multiple Monthly Newsletters: Client Update, Briefing Room (geared towards law Enforcement) and Fire Watch (geared towards Fire Safety Personnel). Members may sign upfor any o/all ofthese publications. The newsletters are sent either via surface mail orvia email. The email comes from soplease ensure that this email address iaaccepted by your system. ° Social _Media - ERC Members can follow ueonTwitter and our Labor and Employment b|n& Twitter followers naoaiva instant tweets to our alerts of firm publications, b|ngposts, attorney authored articles and upcoming speaking engagements, events and seminars. . B|ogaubscribers receive weekly updates onfresh and new labor and employment issues from * LCW reminds agencies that they are responsible for monitoring who is registering for the workshops. LCVVprovides aguide oetowho should attend the workshops and requests that the agency use its best discretion when registering employees as the composition of the audience can impact the message and tone of the workshop. 3) Workshops (to be held on Wednesdays) * Managing the Marginal Employee (Half Day) • Performance Management: Evaluation, Documentation and Discipline (Half Day) * Prevention and Control ofAbsenteeism and Abuse ufLeave (Half Day) * Public Sector Employment Low Update (Half Day) * Annual Audit ufYour Personnel Rules (Half Day) * Managing Employee Injuries, Disability and Occupational Safety (Full Day) * Workplace Bullying: AGrowing Concern (Half Day) Workshops have been requested for the months of February, May, September and October Los Angeles 1 Son Francisco � Fresno 1 Son Diego LIEBERT CASSIDY WHITMORE J� i��lf��L)����l|Ii<J��z�]�(�l|�,[�[����[)I<J�U'Ni{ The pricing structure is listed below and includes the facility fee and refreshment fee. 4) ERC Rates ° Agencies w/|esathan 15Ofull time employees: $2,O77($1.742+ $335 Faoi|ity/RefreahmentFee) * Agencies w/15Oto1.000full time employees: $ 2.840($2'471+ $375 Facility/ Ref xashmentFee) r Agencies w/over 1.000full time employees: $4'O82($3.S77+ $405 Facility/ Refresh mentFee) * Alate fee of$1OOwill beaccessed ifpayment |snot received byFebruary 15m. ° The facility and refreshment fee covers the $25Uper day rental fee aswell os breakfast and drinks inthe afternoon for the attendees. |tdoes not cover lunch. * 2O13Refreshment fee was reduced by$5Ofrom the previous year Los Angeles i Son Francisco | Fresno I Son Diego PROFESSIONAL SERVICES AGREEMENT/CON'l KA%- i COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date I City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval N/A necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor l or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: —Anil Comelo_ Project Name: —Sonoma;Marin Employment Relations Consortium Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is ober 520, 000 on a cwnulath,e basis.