Contract - Liebert - 2015-01-01AGREEMENT 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 forty -seven (47) 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, 2015, 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 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 15, 2015. The fee, if paid after February 15,
2015 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 Ninety to Three Hundred Twenty -
Five Dollars ($190.00 - $325.00) per hour for attorney staff and from Seventy -Five to One Hundred Fifty
Dollars ($75.00 - $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, 2015. 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 -seven (47) local agency employers entering into a substantially identical Agreement with Attorney
on or about January 1, 2015.
IL
Dated: I LIEBE7 CASSIDY WHITMORE
A Pro fe al Corporation
LE
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Dated: (.'17• COS MESA SANITARY DISTRICT
By�
LIEBERT CASSIDY WHITMORE
6033 West Century Boulevard, 51h Floor
Los Angeles, California 90045
T: (310) 981 -2000 F, (310) 337 -0560
December 23, 2014
Scott Carroll
General Manager
Costa Mesa Sanitary District
628 West 19th Street
Costa Mesa, CA 92627
Re: Orange County Employment Relations Consortium
U2- =Si111104h.T7°dlli
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 full days of training, our monthly Client
Update, and telephone consultation.
We are enclosing Xe planning meeting notes for your records. We will forward the schedule when it is
ready.
Enclosed is 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 Harassment" 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 may schedule training with us for your
agency or invite a group of agencies to join in the training session to share the cost.
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 cweldon Icwle ag Leon,
We thank you for your membership and we look forward to another successful training year.
Sincerely,
LIEBERT IDY WHITMORE
BY:
. Scott Tiedemann
anaging Partner
Enclosures
RECEIVED
JAN 12 2015
Cww na�A �ANIIMY OISIflIGi
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 topicst
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
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:
59. Basic Membership - Access to all of our sample fors and policies that we
use as appendices in our workbooks. You will have on- demand access to
these documents and can download them in Word and PDF formats.
so. 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 @Icwlegal.com or 310.981.2011
LIEBERT CASSIDY WHITMORE
Orange County Consortium
2015 Planning Meeting Notes
November S, 2014
I. Comments
• Presentations are good
• Presenters should be aware of distance from audio during webinars (ex: Absenteeism
webinar presenter's voice faint at times)
• Consortium calls are returned in a timely manner
• Newsletters are good
• The group voted on if it would add additional workshops to the consortium calendar.
Since it would involve an increase in fees for all members it was decided that if one
agency did not want to add to the workshop calendar, the group would not add the
additional workshops but rather, would contract with LCW outside of the consortium for
any additional training. Agencies could contract with LCW directly or pair with other
agencies to split the cost. Some members did not want to add to the consortium
calendar so no additional dates were added.
• ACA training? Not through the ERC but via webinar. LCW will forward Cypress the
information regarding the webinars on this topic.
II. Services Explained
• Consortium calls can be placed to any of the LCW offices: Los Angeles, San Francisco,
Fresno or San Diego. Members may ask for a specific attorney or any available
attorney. Questions may also be submitted by email directly to the attorney or to
info @lcwiegal.com.
• LCW monthly newsletters: Client Update, The Briefing Room (geared towards law
enforcement) and Fire Watch (geared towards Fire Safety Personnel). Consortium
members may request to receive any or all of these publications. The newsletters are
sent either via surface mail or via email. The email comes from
Newsletter@lcwleFai.com so please ensure that this email address is accepted by your
system.
• LCW provides a guide as to who should attend the workshops and requests that
agencies use their best discretion when registering employees for the session as the
composition of the audience can impact the message and tone of the workshop.
• Consortium Workshops across the State: ERC members are able to attend other
Consortiums' workshops. If you are interested in attending, you must contact Caitlin
Martin two weeks prior to the scheduled workshop. Once all the registration sheets are
received from the members of that Consortium, members from other Consortiums may
Los Angeles I San Francisco I Fresno I Son Diego
www.lcwlezal.com
M LIEBERT CASSIDY WHITMORE
Orange County Consortium
2015 Planning Meeting Notes
November 5, 2014
attend, space permitting. There is no cost to attend another Consortium's workshop,
unless they require a per person /refreshment fee.
• Webinars - LCW has designated select webinars for consortium members only.
Members will receive a monthly email outlining available consortium only webinars for
the month. Additionally, LCW provides webinars that are open to all public agencies,
but provides them at a discounted rate for consortium members. A list of upcoming
(and archived webinars) can be found at: www.lcwlegal.com/seminars
• Social Media - follow us on Twitter (htto: / /twitter.com /lowlegal) and read our Labor and
Employment blog (htto://www.calpublicapenGVlaboremi)lovmentblo2 .com)
• Liebert Library - an online collection of LCW reference material: www.LiebertLibrarv.com.
• Individual /customized training:
• Includes the incorporation of your policies and procedures, as well as an original
set of materials for your reproduction.
• 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.
• LCW can 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.
III. Workshops for 2015
• Supervisory Skills for the First Line Supervisor/Manager (full day)
• Difficult Conversations (half day)
• Performance Management Evaluation, Documentation and Discipline (half day)
• Prevention and Control of Absenteeism and Abuse of Leave (half day)
• Public Sector Employment Law Update (half day)
• Leaves, Leaves and More Leaves (half day)
• Workplace Bullying: A Growing Concern (half day)
• The Art of Writing the Performance Evaluation (half day)
• Badda Bing, Badda Boom: Don't Delay In Creating a High Performance Department and
Agency (half day)
Los Angeles I San Francisco I Fresno I San Diego
www.lcwleeal.com
LIEBERT CASSIDY WHITMORE
Orange County Consortium
2015 Planning Meeting Notes
November 5, 2014
• Preventing Workplace Harassment, Discrimination and Retaliation (half day /to be
presented twice in 2015)
• Workshop hosts:
• The cities of Mission Viejo, Buena Park, Cypress, San Clemente, Garden Grove,
Tustin, Orange and Westminster volunteered to host.
• Hosting requires the agency representative(s) to arrive early, distribute material,
staff the registration desk, box up any extra material to give to the presenter,
and collect evaluation forms and sign -in sheets.
• Non -host agencies may volunteer to assist with registration or refreshments by
contacting the host agency directly.
• Workshop scheduling:
• The group would like to continue holding half of the workshops on the 3rd
Wednesdays and half on the 3rd Thursdays.
• The group would like the "Preventing Workplace Harassment, Discrimination &
Retaliation" workshop twice next year.
IV. Rate
• Membership fee is $3,095. This total includes the $60 refreshment fee.
• A $100 late fee will be applied after February 15th.
Los Angeles I San Francisco I Fresno I San Diego
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