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Resolution No. 73331 RESOLUTION NO. 7333 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN 4 AGREEMENT FOR SPECIAL SERVICES (JUNE 1, 1999 TO MAY 31, 2000) BY AND BETWEEN THE CITY OF VERNON AND 5 LIEBERT, CASSIDY & FRIERSON, A PROFESSIONAL CORPORATION, TO PROVIDE SPECIAL LEGAL SERVICES 6 PERTAINING TO EMPLOYMENT RELATIONS MATTERS AND FOR PARTICIPATION BY THE CITY IN THE SOUTH BAY EMPLOYEE 7 RELATIONS CONSORTIUM TRAINING SESSIONS 8 9 WHEREAS, the City of Vernon is a voluntary member of an 10 information association of southland local agencies called the South it Bay Employee Relations Consortium ("Consortium"); and 12 WHEREAS, the law firm of Liebert, Cassidy & Frierson, a 13 Professional Corporation ("law firm"), specializes in providing advice 14 to public agencies regarding employment relations matters; and 15 WHEREAS, the law firm has been providing services in the form 16 of training sessions on personnel matters to said Consortium members 17 since 1990; and 18 WHEREAS, said law firm is willing to provide training 19 sessions during 1999 to said Consortium members with an annual fee to 20 the City of Vernon of One Thousand Eight Hundred Fifteen Dollars and 21 No Cents ($1,815.00); and 22 WHEREAS, sixteen (16) members of said Consortium have the 23 same need for training and have agreed to enter into a substantially 24 identical agreement with the law firm; and 25 WHEREAS, said training sessions will benefit City employees 26 and will be in the public interest; and 27 WHEREAS, the City of Vernon has previously entered into 28 similar agreements with the law firm; and 1 WHEREAS, on May 25, 1999, Bruce V. Malkenhorst, Director of 2 Finance, recommended to the Finance Committee that the law firm be 3 retained to provide services outlined in the agreement; and 4 WHEREAS, the City of Vernon desires to enter into an 5 agreement with the law firm regarding legal services pertaining to 6 employment relations matters and special services pertaining to 7 Consortium training sessions for the period June 1, 1999 through 8 May 31, 2000. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 10 CITY OF VERNON AS FOLLOWS: it SECTION 1: The City Council of the City of Vernon does 12 hereby find and determine that the recitals contained hereinabove are 13 true and correct. 14 SECTION 2: The City Council of the City of Vernon hereby 15 approves the Agreement for Special Services, a copy of which has been 16 presented to the City Council concurrently with this resolution, and 17 the City Council hereby orders said Agreement to be received and filed 18 by the City Clerk. 19 SECTION.3: The City Council of the City of Vernon hereby 20 authorizes the Mayor and the City Clerk to execute said Agreement for, 21 and on behalf of, the City of Vernon. 22 SECTION 4: The City Clerk of the City of Vernon shall 23 certify to the passage of this resolution and thereupon and thereafter 24 the same shall be in full force and effect. 25 APPROVED AND ADOPTED this 1st day of June, 1999. 26�' f LEONIS C. LBUR , Mayor 27 ATTE� / 28 !/ BRUCE V. MALKENHORST, City Clerk -2- I STATE OF CALIFORNIA ) ) ss 2 COUNTY OF LOS ANGELES ) 3` I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 4 hereby certify that the foregoing Resolution, being Resolution No. 5 7333, was duly adopted by the City Council of the City of Vernon at a 6 regular meeting of the City Council duly held on Tuesday, June 1. 7 1999, and thereafter was duly signed by the Mayor of the City of 8 Vernon. 9 10 BRUCE V. MALKENHORST, City Clerk 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- SUPPORTING DOCUMENTS 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 (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 15, 1999 Liebert, Cassidy & Frierson 6033 West Century Boulevard, Suite 601 Los Angeles, California 90045-6410 Attn: Melanie Poturica, Managing Partner Re: Agreement for Special Services Dear Ms. Poturica: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Enclosed, for your files, is a fully executed duplicate original Agreement for Special Services which was approved by the Vernon City Council on June 1, 1999 through Resolution No. 7333. If you should have any questions, please call Joan Francone, our Risk Manager at Ext. 322. Very truly yours, CITY 0 VERNON oria J . ,0 osco Chief Dep y City Clerk GJO:rcm Enclosure cc: J. Francone 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 seventeen (17) 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: Attornev's Services: During the year beginning June 1, 1999, 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 August 31, 1999. The fee, if paid after August 31, 1999 will be One Thousand Nine Hundred Fifteen Dollars ($1915.00). 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 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, 1999. 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 seventeen (17) local agency employers entering into a substantially identical Agreement with Attorney on or about June 1, 1999. Dated: 5— 1 T Iq Dated: 6 �s Approved as to Form: i B. Brearley City Attorney 29319.1 LIEBERT, CASSIDY & FRIERSON A Professional Corporation By CITY OF VERNON A Municipal Corporation By 1, onis C` �.M urg M or ATTES / y Bruce V. Malkenhorst City Clerk