Contract - Liebert - 2009-01-01 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 (40) 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 Dia is and i_ v,:lling to perform such services,
NOW THEREFORE, District and Attorney agree as follows.
Attorney's Services:
During the year beginning January 1 2009 Attorney will provide the following services to District
(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 District 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 \%arrants 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 Seven Hundred
Fifty Nine Dollars ($2,759 00), payable in one payment prior to February 1 2009 'The Thousand, paid after
February 1', 2009 Will be$2,859.00.
Said fee will cover Attorneys 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.
Attorne\ 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 Sixty to Two Hundred Ninety
Dollars ($160 00 $290 00) per hour for attorney staff' and from One Hundred to One Hundred Thirty
Dollars ($100 00- $130 00) per hour for services provided by paraprofessional staff. Attorneys and
paraprofessional stuff bill their time in maximum units of one-tenih of an hour communications advice
(telephone, voice-mail, e-mail) is billed in a minimum increment of three-tenths (.30) of an hour
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 2009 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 (40) local agency employers entering into a substantially identical Agreement with Attorney on or
about January 1 2009
Dated. 11 CP iJ8' LIEBERT CASSIDY WHITMORE
A Professional Corpora 'e
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By
Dated. 18 - /9 OB COSTA MESA SANITARY DISTRICT
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