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Contract - Liebert 2023-01-01INMI LIEBERT CASSIDY WHITMORE December 19, 2022 Dyana Bojarski Administrative Services Manager Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 92626 6033 West Century Boulevard, 51h Floor Los Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 Re: Orange County Employment Relations Consortium Dear Ms. Bojarski: We are looking forward to another successful year with the Orange County Employment Relations Consortium. We are pleased to provide the consortium with six full days of training, our monthly Client Update newsletter, and telephone consultation. We are enclosing the planning meeting notes for your records. You should have already received the 2023 Workshop Schedule. Enclosed is an Agreement for Special Services. Please execute and return a copy to our office. You'll note that the attached invoice gives you the option of subscribing (or renewing) your Liebert Library membership. We've combined Library membership with the consortium billing for your ease. If you do not want to subscribe to the Library, simply check the box next to ERC only and submit that amount. If you do want to subscribe/renew, just check the corresponding box and return the amount indicated (the listed rate reflects the ERC discount.) 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@lcwlegal.com. We thank you for your membership and we look forward to another successful training year. Enclosures 10302601.1 ER020-013 Sincerely, LIEBERT CA YSIDY WHITMORE :• colt Tiedemann ria2inia Partner Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com C0195 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the Costa Mesa Sanitary District, A Municipal Corporation, 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 workforce management and employee relations; and WHEREAS Agency has determined that no less than fifty (50) 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, 2023, 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. 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 attorney 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 provide these special services to Agency for a fee of Three Thousand Six Hundred Forty Five Dollars ($3,645.00) payable in one payment prior to February 1, 2023. The fee, if paid after February 1, 2023 will be $3,745.00. 10302601.1 ER020-013 C0195 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 Forty to Four Hundred Twenty Five Dollars ($240.00 - $425.00) per hour for attorney staff, Two Hundred Seventy Dollars ($270.00) per hour for Labor Relations/HR Consultant and from One Hundred Forty -Five to One Hundred Eighty -Five Dollars ($145.00 - $185.00) 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 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, 2023. 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 (50) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2023. LIEBERT CASSIDY WHITMORE COSTA MESA SANITARY DISTRICT A Professional poration A Municipal Corporation By: By: J. Xott Tiedemann / Managing Partner Date: 10302601.1 ER020-013 Name: �?W t t C61YY-1211 Title: (7 e wa t M4040W — Date: 1 131;w2,3 INVOICE December 14, 2022 Dyana Bojarski Administrative Services Manager Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 92626 6033 West Century Boulevard, 511 Floor Los Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 (00195-10000) INVOICE NUMBER: 231580 ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM Membership: 01/01/2023 through 12/31/2023 Please make your check out for one of the following amounts: ERC Membership $39645.00 ❑ ERC Membership w/ Basic Liebert Library Subscription (optional) Basic Subscription provides access to LCW workbooks in digital $49050.00 ❑ 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 L C W $49545.00 workbooks in digital format, as well as over 200 sample forms, model policies and checklists that can be 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, or email libraryWcwlecal. com. If ERC Membership paid after February 1, 2023 amount due is $3,745. 00 (Includes $100.00 late fee) Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com 10302601.1 ER020-013