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Liebert Cassidy Whitmore - FY2020-006 RA0 2 J AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of Rancho Palos Verdes. A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of LIEI3F;RT 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 twenty-three (23) public agencies in the South Bay 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 Attorne.: agree as follows: Attorney's Services: During the year beginning July 1, 2019, Attorney will provide the following services to Agency (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 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 ariorne\ 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.) 3. Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will pros ide these special services to Agency for a fee of Three Thousand l=our Hundred Fifty Dollars ($3,450.00) payable in one payment prior to August 1, 2019. The fee, if paid after August 1, 2019 will be $3,550.00. 8901888.1 ER020-017 R9 0?5 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 Ten to Three Hundred Eighty Dollars ($210.00 - $380.00) per hour for attorney staff, Two Hundred Thirty Dollars ($230.00) per hour for Labor Relations/HR Consultant and from One Hundred Thirty to One Hundred Seventy-Five Dollars ($130.00 - $175.00) 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 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, 2019. 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 July 1, 2019. HEBERT CASSIDY WHITMORE CITY OF RANCHO PALOS VERDES A Professional Corporation A Municipal Corporation i L, (.6,,. By: fay: ('/ / if ' // J. Scott Ti emann / Managing Partner Name: _1111r , . . Date: 7 r 0 Title: ____VCPLANNINACIGODate: I if 8901888.1 ER020-017 L C W LIEBERT CASSIDYWHITMORE 6033 West Century Boulevard, "' Floor Los Angeles, California 00045 I: (3 10) 981-2000 t': (31 0) 337 11 6O INVOICE May 28, 2019 Gabriella Yap Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 (RA 025-10000) INVOICE NUMBER: 1478995 SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM Membership: 07/01/19 through 06/30/2020 Please make your check out for one of the following amounts: ERC Membership $3,450.00 FRC Membership w/Basic Liebert Library Subscription (optional) Basic Subscription provides access to LCW workbooks in digital $3,855.00 .format. You can search all workbooks, but cannot print or download the books. ERC Membership w/ Premium Liebert Library Subscription (optional) Premium Subscription provides unlimited access to LCW $4,350.0(1 workbooks in digital,tb mat, as well as over 200 sample,forms, model policies and checklists that can he downloaded and used as templates. Note: Please send us a copy of this invoice along with your payment. For more information about the Liebert Library,please visit www.liebertlibrary.com, call Nick Rescigno at 310.981.2053 or email library a 1civlegal.com. If ERC Membership paid after August 1, 2019 amount due is $3,550.00 (Includes $100.00 late fee) Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com 8901888.1 ER020-017 Our G is O present t h e Liebert Library: an online collection of trusted legal {��� �'�O� and reference materials that cover a variety of public-sector labor and employment topics! For nearly 40 years our attorneys have tirelessly worked to create an entire library of legal resources that covers a variety of labor and employment topics. Now you can get on-demand access to our extensive collection of workbooks, sample forms, model policies and checklists, including: WORKBOOKS:~ The FLSA Compliance Guide Principles for Public Safety Employment Annual Audit of Your Personnel Rules Labor& Employment Relations Issues During Lean Times Understanding Public Employee Retirement Issues SAMPLE FORMS & POLICIES: Checklist for POBR/FBOR Investigation Reasonable Accommodation Policy Sarnp|eAnti-Bu||ying Policy Sample Discipline Policy Social Media Policy We offer 2 levels of subscription for Liebert Library at economical prices that will allow you to lower future legal costs for your agency: 1. Basic Membership Access to all of our workbooks in digital format.You will haveon'dernandaccesstothesedocunnen1s' vvhicharefu||ysearchab|e (butnot downloadable.) 2. Premium Membership Access to all of the benefits of our Basic Membership (see above), as well as the ability to download in Word more than 200 sample forms, checklists and model policies. The newly incorporated model policies include detailed commentary on the statute/reason the policy is recommended as well as tips on how to customize the policies to your specific agency and how to best implement them. LCW LIEBERT CASSIDY WHITMORE °! EMPLOYMENT RELATIONS CONSORTIUM PLANNING MEETING NOTES • MAY 16,2019 SOUTH BAY ERC 1) Comments • Members generally enjoyed the presenters • Workshops o Members find role-playing activities are very helpful o Members would like to be able to send more employees to trainings. LCW will try to schedule popular workshops at larger facilities • LCW will also note on the announcements if tables will be available at the facility o Members felt Management Guide to Public Sector Labor Relations was too geared towards Human Resources employees • Members showed interest in attending other consortium's workshops. Selena will send the group training schedules of nearby consortiums • Selena is doing a good job. • Based on members'feedback LCW created two new workshops: o Key Legal Issues for Supervisors:Absenteeism, Disability and Labor, which will be included in the Employment Relations Certificate Program o Ethics for All • Laura Kalty provided an update on the mandatory harassment training required by SB1343. She explained that while clean-up legislation has been introduced, which would extend the deadline for all employees to be trained from January 1, 2020 to January 1, 2021, it has not been signed yet. She explained that agencies should plan on compiling with SB1343 by year's end, unless the clean-up legislation is passed. • LCW announced that they would be rolling out a new recorded webinar platform in the next few months that would allow: o For interaction throughout the recording; o Immediate access to the webinar without having to wait for LCW to send an active link (this means that clients would simply pick the webinar exactly when they want to watch it); o Certificates of completion that prints automatically after the successful completion of the course. o This would be used for the required Preventing Harassment training as well as other workshops. • Consortium calls are being answered in a timely manner Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com LIEBERT CASSIDY WHITMORE `W EMPLOYMENT RELATIONS CONSORTIUM o LCW has established a new email address dedicated to consortium emails: AskLCW@Icwlegal.com • LCW announced that it plans to combine the Liebert Library and Model Personnel Policy Portal this summer. This will mean a change in subscription levels: o Basic Membership = access to all Workbooks in searchable format. The annual fee for this is $450 (consortium members get a 10%discount on this fee.) o Premium Membership = access to all Workbooks in searchable format and access to all policies, checklists and forms in downloadable Word format. The MP3 policies include detailed explanation of how to customize the policy for your specific agency. The annual fee for this is $1,000 (consortium members get a 10% discount on this fee.) o Those who have subscriptions that expire later than this summer will receive tailored information about how this will impact their account, but if anyone has any questions, they can call LCW. 2) Services Explained • Consortium Calls: Can be placed to any of the LCW offices: Los Angeles, San Diego, San Francisco, Fresno, or Sacramento. Members may ask for a specific attorney or any available attorney. Questions may also be submitted by e-mail directly to the attorney or to AskLCW@Icwlegal.com. • Consortium Workshops across the State: ERC members are able to attend other Consortiums' workshops. If you are interested in attending, you must contact Selena Dolmuz (sdolmuz@lcwlegal.com)two weeks prior the scheduled workshop. Once all the registration sheets are received from the host Consortium, if space is available, members from other consortiums are able to attend. There is no cost to attend another Consortiums' workshop, unless they require a per person/refreshment fee. • Workshop Attendance: LCW reminds agencies that they are responsible for monitoring who is registering for the workshops. LCW provides a guide as to who 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. • Public Sector Employment Relations Certificate Program:This is a complimentary program. Participants are required to complete 8 specific workshops within a three year period. Participants must present proof of attendance through paperwork distributed at the workshop. LCW does not track attendance. • Individual/Customized Training: o Includes the incorporation of your policies and procedures, as well as an original set of materials for your reproduction. Los Angeles I San Francisco I Fresno I San Diego ! Sacramento www.lcwlegal.com C W LIEBERT CASSIDY WHITMORE EMPLOYMENT RELATIONS CONSORTIUM o Any of the workshops listed on the Master Workshop Topics List can be presented outside of the consortium to one specific agency or a group of agencies to share the cost. o LCW would be happy to send an e-mail to other agencies if a request for an individual workshop has been made and the agency requesting the workshop wishes to combine with other agencies. For more information, contact Anna Sanzone-Ortiz at(310) 981-2051. • Social Media:follow us on Twitter(http://twitter.com/Icwlegal); Linked In (https://www.linkedin.com/company/liebert-cassidy-whitmore/) and read our Labor and Employment blog(http://www.calpublicagencylaboremploymentblog.com) • Webinars: LCW provides webinars that are open to all public agencies, but provides them at a discounted rate for consortium members. A list of upcoming webinars and webinars on demand can be found at: www.lcwlegal.com/events-and-training. 3) Workshops(5 full days of training to be held on Wednesdays, but not the 2nd Wednesday.or Thursdays) • Maximizing Supervisory Skills for the First Line Supervisor(full day) • Prevention and Control of Absenteeism and Abuse of Leave • Maximizing Performance Through Evaluation, Documentation and Corrective Action • Conducting Disciplinary Investigations: Who, What, When and How • Preventing Workplace Harassment, Discrimination and Retaliation - 2 hour class for supervisors and non-supervisors followed by a one hour class for non-supervisors towards end of 2019 • Labor Code 101 via webinar • Public Service: Understanding the Roles and Responsibilities of Public Employees • Key Legal Issues for Supervisors: Absenteeism, Disability and Labor • Ethics for All 4) Workshop Hosting • Consortium would like to continue rotating host. The City of Palos Verdes Estates, Redondo Beach, Santa Monica, Beverly Hills, Compton, Torrance and Manhattan Beach volunteered to host. o Members agreed City of Redondo Beach should host the harassment training given they have the largest facility(1400 seats) 5) ERC Membership Fee • The 2019/2020 annual membership fee is $3,350. • The refreshment fee is $100. • $100 late fee to be paid after August 1, 2019. Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com