Contract - Liebert - 2016-01-01 [LCW LIEBERT CASSIDY WHITMORE
6033 West Conlury Boulevard, 5I+ Floor
for Angeles, Cal it urnra 90045
I: (310) 981-2000 E (31(1) 337-11560
November 23,2015
Scott Carroll
General Manager
Costa Mesa Sanitary District
628 Nest 9th Street
Costa Mesa, CA 92627
Re: Orange Conn/r Employment Relations Consortium
Dear Mr. Carroll:
We are looking forward to another successful year with the Orange County 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 six lull days of training, our monthly Client
Update,and telephone consultation.
We are also pleased to offer our new Public Sector Personnel Management Certificate Program to the
consortium this year. This is detailed in the planning meeting notes we have included. We will forward the
schedule when it is ready.
Enclosedis an Agreement for Special Services. Please execute and return a copy to our office.
Additionally, you will note that the group did select -Preventing Workplace I lalassment training for
two of the workshops this year. This workshop does meet the requirements of AB 1825. The firm also
provides this training through our customized training program. You maw schedule training with us for your
agency or invite a group of agencies to join in the training session to share the Co .st
If you have any questions about the consortium or our other training programs, please contact Cynthia
Weldon, Director of Marketing& Training at(310)981-2055 or cy'cldonp?Icwlegal.com.
We thank you for your membership and we look forward to ;mother successful training year.
Sincerely
LIEBER r', SIDY WHITMORE.
BY:
I. S ott Ti-demann
Managing Partner
Enclosures
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into betyvecn the Costa Mesa Sanitary District, hereinafter referred to as "Agency;'
and the law firm of I.IEI3ERT CASSIDY WI IITMORE, 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
WI IEREAS Agency has determined that no less than forty-seven (47) public agencies in the Orange County
arca have the sane 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 I. 2016, Attorney will provide the following services to Agency (and the
other aforesaid public agencies):
Six (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 arc provided solely for the contracted workshops. This agreement warrants there will
he no future use of lichen Cassidy Whitmore material in other trainings or formats wit how the expressed
written permission of I iebert Cassidy Whitmore. Any such use will constitute a violation of this agreement
and copyright provisions.
_. Availability of Attorney for Agency to consult by telephone. Consortium calls cover questions that the
atlonicy 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 he
intbrned 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 attorneys hourly rate. (See
additional seryices section.)
3. Providing of a monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to Agency for a Ice of Three 'I'housand 'Iwo Hundred Forty-Five
Dollars (43,245.1111) payable in one payment prior to February I. 2016. The fee, if paid after February 1, 2016 will be
$3,345.00.
Said Ice 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 arc rendered. ineluding 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 Ninety to Three Hundred Twenty- Five
Dollars ($190.00-$325.00) per hour for attorney staff and from Seventy-Five to One Hundred Fitly Dollars($75.00 -
$150.00) per hour for services provided by paraprofessional and litigation support staff Attorneys, paraprofessional
and litigation support stall bill their time in n:ininumi units of one-tenth of an hour. Attorney reviews its hourly rates
in an annual basis and if appropriate. adjusts them effective July I.
Independent Contractor:
It is understood and agreed that Attorney is and shall remain all independent contractor under this Agreement.
Perm:
The term of this Agreement is twelve (12) months commencing January I, 2016. The term may he 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 110 less than
forty-seven (47) local agency employers entering into a substantially identical Agreement with Attorney on or about
January 1, 2016_
Dated: 2�_ 'C L[l';13E "CASSIDY WHITMORN:
A Prole mal Corporation
Dated: /}-7-/S _. COyA MESA SANITARY DISTRICT
13 • Cd E' `Try ��
FL CW] LIEBERT CASSIDY WHITMORE
on3. woa (unlu,v Itoulev3 ,1, ` Fluor
o. AngQles, California 90045
l'. (1111) V81 211011 F: 12131 a37 113( )
INVOICE
November 19,2015
Scott C'at'roll
General Manager
Costa Mesa Sanitary l)ialrirl
628 West 19th Street
C'osla Mesa, ('.9 92627
(('0195-10000)
INVOICE NUMBER: 14132/5
ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM
Membership: 01/0//16 through 12/31/16
Please make your check out for one gibefollowing amounts:
ERC Membership $3,245.1111 X
ERC Membership w/ Basic Liebert Library Subscription
(optional) 53,650.00 ❑
Basic ,Subscription provides access to over 200 sample jorms.
policies and checklists that can be used us templates.
ERC Membership w/ Premium Lichen Library Subscription
(optional)
Premium Subscription provides unlimited access to /.C'if' $4,140.50 ❑
workbooks in digital firma, as well as over 200 sample lamas,
policies and checklists that can be used us templates_
Note: Please send Iry a curt' of ibis invoice along with your perynrenl.
For more information on the many benefits of Liebert Library,please visit
www.liebertlibrar7'.com, call Vladimir Power at 4/5.5/2.3011 and see the attached ad.
If ERC Membership paid after February I, 2016 amount due is $3,345.00
(Includes $100.00 late fee)
1
i ;
•
Our firm is proud to present the Liebert Library- an online collection of trusted legal training and
reference materials that cover a variety of public-sector labor and employment topics!
For more than 30 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
L(W olaPOOc get on-demand access to our extensive collection of workbooks, sample forms,
polices 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 and Polices
- Checklist for POBR/FBOR Investigation
- Reasonable Accommodation Policy
- Sample Anti-Bullying 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.
57. Basic Membership -Access to all of our sample forms and policies that we i r
use as appendices in our workbooks. You will have on-demand access to
these documents and can download them in Word and PDF formats.
ss. Premium Membership -Access to all of the benefits of our Basic Membership
(see above), as well as the ability to read and reference our workbooks at any
time! You will also receive a $15 discount on the purchase of any workbook.
For more information visit: www.LiebertLibrary.com
Questions?Contact Vladimir Power at vpower@lcwlegal.com or 415.512.3011