Contract - Liebert - 2006-01-01 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 thirty-four (34) 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 expenenced and qualified to perform the special
services desired by the District and is willing to perform such services;
NOW THEREFORE, District and Attorney agree as follows:
Attorney's Services:
During the year beginning January 1 2006, 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.
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 Three
Hundred Ninety Dollars ($2,390.00), payable in one payment prior to February 1 2006. Thy eTee
if.:paid after 'February :i, 2006"will` be $2,490.4 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 Sixty to Two Hundred
Sixty Dollars ($160.00 $260.00) per hour for attorney staff and from Ninety-Five Dollars to
One Hundred Ten Dollars ($95.00 $110.00) 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.
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 2006. 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 thirty-four (34) local agency employers entering into a substantially identical
Agreement with Attorney on or about January 1, 2006.g
Dated: 12 1-135— LIEBERT CASSIDY WHITMORE
A Professional Corporation
By id/b0
Dated: 01/12/06 COSTA MESA SANITARY DISTRICT
Ba��/b/
Jies K. Ferryman, Pr:sident
Arthur Perry Secretary