Contract - Liebert - 2014-01-01AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the Costa Mesa Sanitary District, 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 fifty one (51) 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 Attorney agree as follows:
Attorney's Services:
During the year beginning January 1, 2014, Attorney will provide the following services to Agency
(and the other aforesaid public agencies):
1. 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 Agency to consult by telephone.
3. Providing of a monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to Agency for a fee of Three Thousand Ninety -Five
Dollars ($3,095.00) payable in one payment prior to February 1, 2014. The fee, if paid after February 1,
2014 will be $3,195.00.
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 Twenty
Five Dollars ($180.00 - $325.00) per hour for attorney staff and from Seventy to One Hundred Fifty Dollars
($70.00 - $150.00) 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 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, 2014. 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 -one (51) local agency employers entering into a substantially identical Agreement with Attorney
on or about January 1, 2014.
Dated: L L i LIEBE*CASSIDY WHITMORE
A Prof s al ;or o ration
IC
Dated: _& _ (X_ CI'd1STA MESA SANITARY DISTRICT
By