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Resolution No. 7150T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SPECIAL SERVICES (JUNE 1, 1998 TO MAY 31, 1999) BY AND BETWEEN THE CITY OF VERNON AND LIEBERT, CASSIDY & FRIERSON, A PROFESSIONAL CORPORATION, TO PROVIDE SPECIAL LEGAL SERVICES PERTAINING TO EMPLOYMENT RELATIONS MATTERS AND FOR PARTICIPATION BY THE CITY IN THE SOUTH BAY EMPLOYEE RELATIONS CONSORTIUM TRAINING SESSIONS WHEREAS, the City of Vernon is a voluntary member of an informal association of southland local agencies called the South Bay Employee Relations Consortium ("Consortium"); and WHEREAS, the law firm of Liebert, Cassidy & Frierson, a Professional Corporation ("law firm"), specializes in providing advice to public agencies regarding employment relations matters; and WHEREAS, the law firm has been providing services in the Iform of training sessions on personnel matters to said Consortium members since 1990; and WHEREAS, said law firm is willing to provide training sessions during 1998 to said Consortium members with an annual fee to the City of Vernon of One Thousand Eight Hundred Fifteen Dollars and No Cents ($1,815.00); and WHEREAS, sixteen (16) members of Consortium have the same need for training and have agreed to enter into a substantially identical agreement with the law firm; and WHEREAS, said training sessions will benefit City employees and will be in the public interest; and WHEREAS, the City of Vernon has previously entered into similar agreements with the law firm; and I WHEREAS, the City of Vernon desires to enter into an 2 agreement with the law firm regarding legal services pertaining to 3 employment relations matters and special services pertaining to 4 Consortium training sessions for the period June 1, 1998 through 5 May 31, 1999. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 7 CITY OF VERNON AS FOLLOWS: 8 SECTION 1: The City Council of the City of Vernon does 9 hereby find and determine that the recitals contained hereinabove 10 are true and correct. 11 SECTION 2: The City Council of the City of Vernon hereby 12 approves the Agreement for Special Services, a copy of which has 13 been presented to the City Council concurrently with this 14 resolution, and the City Council hereby orders said Agreement to 15 be received and filed by the City Clerk. 16 SECTION 3: The City Council of the City of Vernon hereby 17 authorizes the Mayor and the City Clerk to execute said Agreement 18 for, and on behalf of, the City of Vernon. 19 SECTION 4: The City Clerk of the City of Vernon shall 20 certify to the passage of this resolution, and thereupon and 21 thereafter the same shall be in full force and effect. 22 APPROVED AND ADOPTED this 23rd day of June, 1998. 23 24 ,; EONIS C. MAL URG, M or 25 ATTEST• 2 6".." BRUCE V. MALKENHORST, City Clerk 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7150, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, June 23, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) -3- AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the CITY OF VERNON, A Municipal Corporation, hereinafter referred to as "City," and the law firm of LIEBERT, CASSIDY & FRIERSON, A Professional Corporation, hereinafter referred to as "Attorney." WHEREAS City has the need to secure expert training and consulting services to assist City in its relations and negotiations with its employee organizations; and WHEREAS City has determined that no less than fifteen (15) public agencies in the South Bay 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 City and is willing to perform such services; NOW, THEREFORE, City and Attorney agree as follows: Attorney's Services: During the year beginning June 1, 1998, Attorney will provide the following services to City (and the other aforesaid public agencies): 1. Five (5) 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 City and the other said local agencies. 2. Availability of Attorney for City to consult by telephone. 3. Providing of a monthly newsletter covering employment relations developments. Fee: - --- Attorney will provide these special services to City for a fee of One Thousand Eight Hundred fifteen Dollars ($1,815.00), payable in one payment on or about July 1, 1998. 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 training programs. Additional Services: Attorney shall, as and when requested by City, make itself available to City to provide representational, litigation, and other employment relations services at the rate of between One Hundred Thirty -Five and Two Hundred Dollars ($135.00 - $200.00) per hour for attorney staff and Seventy Five Dollars ($75.00) per hour for services provided by paralegal staff. This will be for the actual time such representation services are rendered, including reasonable travel time, plus any necessary costs and expenses authorized by the City. 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 June 1, 1998. 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 fifteen (15) local agency employers entering into a substantially identical Agreement with Attorney on or about June 1, 1998. Dated: to,-19 `' 6,9 Dated: l� ATTEST: By: Bruce V. Malkenhorst City Administrator APPROVED AS TO FORM: By: . David B. Brearley City Attorney LIEBERT, CASSIDY & FRIERSON A Professional Corporation CITY OF VERNON A Municipal Corporation Title: CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 July 29, 1998 DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Liebert, Cassidy, & Frierson 6033 West Century Boulevard, Suite 601 Los Angeles, CA 90045-6410 Re: Agreement for Special Services Dear Melanie: I have enclosed herewith a fully executed duplicate original of the above -referenced agreement. If you have any questions, please feel free to contact Ms. Joan Francone, Personnel Assistant at Extension 322. Very t my yours, G rig J. Orosc Chief Deputy City Clerk GJO:rcw Enclosure cc: J. Francone LIEBERT, CASSIDY & FRIERSON 6033 West Century Boulevard, Suite 601 Los Angeles, California 90045-6410 tel 310-645-6492 fax 310-337-0837 email lcEla@aol.com 49 Stevenson Street, Suite 1050 San Francisco, California 94105-2909 tel 415.546-6100 fax 415-546-6831 email lcfif@aol.com May 21, 1998 Joan Francone Risk Manager/Personnel Assistant City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 J oa.✓l Dear We are looking forward to another successful year with the South Bay ERC. The consortium committee has selected a wide variety of topics for your managers and supervisors. We are pleased to provide the consortium with five full days of training, our monthly Client Update, and telephone consultation. A final schedule of workshops will be forthcoming. Enclosed is an Agreement for Special Services. Please execute and return a signed copy to our office. If you have any questions, please do not hesitate to call. Enclosure Very truly yours, LIEBERT, CASSIDY & FRIERSON By Melanie Poturica Managing Partner A professional Law Corporation MEMORANDUM TO: Gloria Orosco, Chief Deputy City Clerk FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: June 22, 1998 SUBJECT: SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM Please substitute the attached agreement signature page for the one submitted to you previously. The City Attorney's office requested an amended form. Thank you. JF/ca Enclosure MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: June 9, 1998 SUBJECT: SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM. Please find attached Agreement for Special Services with the law firm of Liebert, Cassidy & Frierson effective June 1, 1998 through May 31, 1999. This agreement provides group training workshops though the South Bay Employment Relations Consortium. Special Services: Five days of group training workshops (half and/or full days but to total five full days) $1, 815.00 - This amount was increased by $35.00 from last year. Additional Services: Attorney staff - $135.00 - $200.00 per hour Paralegal staff - $75.00 per hour There has been no increase for additional services. Included with training workshops Liebert, Cassidy & Frierson attorneys are available for telephone consultation at no additional cost. Their monthly newsletter is informative and provides the latest in employment relations development. They are members of the Approved Attorney Panel Listing through I. C . R. M. A. It is recommended that the City approve the Liebert, Cassidy & Frierson Agreement for Special Services for 1998/99. Please contact me if you require further information. JF/ca Enclosure c: City Attorney Information to be entered when assigning new agreement# to system. CATEGORY (circle one only) : L & P, GAS, GENERAL, LICENSE AGREEMENTS OR REDEVELOPMENT AGENCY # 1. Approval date: & a #2. Title of Agreement/Contract: #3. Effective Date: (if different from approval date) #4. Expiration Date: (if applicable) s 3 / -OR # 5. Expiration Date: NONE :AgrmntData LIEBERT, CASSIDY & FRIERSON 6033 West Centu Boulevard, Suite 601 Los Angeles, California 90045-6410 tel 310-645-6492 fax 310-337-0837 email lcfla@aol.com 49 Stevenson Street, Suite 1050 San Francisco, California 94105-2909 tel 415-546-6100 fax 415.546-6831 email Icfsf@aolcom June 16, 1998 Joan Francone Risk Manager/Personnel Assistant City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 RE: Agreement For Special Services �3-oW Dear M .—Fr-anGoue-;- Pursuant to your fax received today, enclosed please find the South Bay ERC contract with the changes on the signature page per your request. If I can be of any additional assistance, please don't hesitate to give me a call. Enclosure Sincerely, LIEBERT, CASSIDY & FRIERSON By Melanie M. Poturica Managing Partner A professional Law Corporation CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 June 11, 1998 City Council City of Vernon Honorable Members: DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Transmitted herewith is an agreement with the law firm of Liebert, Cassidy & Frierson entitled, Agreement for Special Services, effective June 1, 1998 through May 31, 1999. The Agreement provides Five (5) days of group training workshops through the South Bay Employment Relations Consortium at a cost of $1,815 (This amount was increased by $35.00 from last year.), and availability to provide representational, litigation, and other employment relations services at the following rates; Attorney Staff: $135.00 - $200.00 per hour. Paralegal Staff: $75.00 per hour. In addition to the training workshops, attorneys are available for telephone consultation at no additional cost. Their monthly newsletter is informative and provides the latest in employment relations development. They are members of the Approved Attorney Panel Listing through I.C.R.M.A. It is hereby recommended that the law firm of Liebert, Cassidy & Frierson be retained for the services outlined in, Agreement for Special Services. Very truly yours-, Bruce V. Malkenhorst City Clerk BVM/gst ® enclosures