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Contract - Liebert - 2012-01-01 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the COSTA MESA SANITARY DISTRICT hereinafter referred to as 'District, and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as Attorney WHEREAS District has the need to secure expert training and 'consulting services to assist District in its relations and negotiations with its employee organizations; and WHEREAS District has determined that no less than forty four (44) 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 District and is willing to perform such services; NOVv THEREFORE, District and Attorney agree as follows: Attorney's Services: During the year beginning January 1 2012, Attorney will provide the following services to District (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 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 District to consult by telephone. 3 Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to District for a fee of Two Thousand Eight Hundred Ninety Four Dollars ($2,894 00) payable in one payment prior to February 1 2012. The fee, if paid after February 1 2012 will be $2,994.00✓ 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 District, make itself available to District to provide representational, litigation, and other employment relations services. The District 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 District. 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 One I-Iundred Five to One Hundred Forty Dollars ($105 00 $140.00) per hour for services provided by paraprofessional staff. Attorneys and paraprofessional 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 2012. 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 forty-four (44) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1 2012. 7 Dated. l T/ <i LIEBERT CASSIDY WHITMORE A Professio al corporation By r I , Dated. / 33-42 COSTA MESA SANITARY DISTRICT B� .