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Resolution No. 78011 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 RESOLUTION NO. 7801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SPECIAL SERVICES (JULY 1, 2001 TO JUNE 30, 2002 BY AND BETWEEN THE CITY OF VERNON AND LIEBERT CASSIDY WHITMORE, A PROFESSIONAL CORPORATION, TO PROVIDE SPECIAL LEGAL SERVICES PERTAINING TO EMPLOYMENT RELATIONS MATTERS AND FOR PARTICIPATION BY THE CITY IN THE SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM TRAINING SESSIONS WHEREAS, the City of Vernon is a voluntary member of an information association of southland local agencies called the South Bay Employment Relations Consortium ("Consortium"); and WHEREAS, the law firm of Liebert Cassidy Whitmore (formerly Liebert Cassidy), 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 form of training sessions on personnel matters to said Consortium members since 1990; and WHEREAS, the law firm is willing to provide training sessions during 2001-2002 to the Consortium members with an annual fee to the City of Vernon of One Thousand Nine Hundred Forty -Five Dollars and No Cents ($1,945.00) if paid prior to July 1, 2001 and Two Thousand Forty - Five Dollars and No Cents ($2,045.00) if paid after July 1, 2001; and WHEREAS, eighteen (18) members of said 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 28 Iland will be in the public interest; and 1 WHEREAS, the City of Vernon has previously entered into 2 similar agreements with the law firm; and 3 WHEREAS, on June 25, 2001, the Finance Committee recommended 4 that the City Council approve the recommendation of Bruce V. 5 Malkenhorst, the Director of Finance, dated June 21, 2001, that the 6 Agreement for Special Services be approved and executed; and 7 WHEREAS, the City of Vernon desires to enter into an 8 agreement with the law firm regarding legal services pertaining to 9 employment relations matters and special services pertaining to 10 Consortium training sessions for the period July 1, 2001 through June 11 30, 2002 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 13 CITY OF VERNON AS FOLLOWS: 14 SECTION 1: The City Council of the City of Vernon hereby 15 finds and determines that the recitals contained hereinabove are true 16 and correct. 17 SECTION 2: The City Council of the City of Vernon hereby 18 approves the Agreement for Special Services, a copy of which is 19 attached hereto as Exhibit "A" and made a part hereof. 20 SECTION 3: The City Council of the City of Vernon hereby 21 authorizes the Mayor and the City Clerk to execute said Agreement for, 22 and on behalf of, the City of Vernon. 23 SECTION 4: The City Council of the City of Vernon directs 24 the City Clerk, or his designee, to send a fully executed Agreement and 25 a check in the sum of $1,945.00 if paid prior to July 1, 2001, to: 26 Liebert Cassidy Whitmore 27 Attn. Melanie M. Poturica, Managing Partner 6033 West Century Boulevard, Suite 601 28 Los Angeles, CA 90045-6410 - 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 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 27th day of June, 2001. EONIS C. MALBU , Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk - 3 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7801, was duly adopted by the City Council of the City of Vernon at an 7 adjourned regular meeting of the City Council duly held on Wednesday, 8 June 27, 2001, and thereafter was duly signed by the Mayor of the City 9 of Vernon. 10 / 11 4� BRUCE V. MALKENHORST, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 - EXHIBIT 0 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 WHITMORE, 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 eighteen (18) public agencies in the South Bay area have the same need and have agreed to enter into identical agreements with Attorney; and 4 WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the City Ind is willing to perform such services; NOW, THEREFORE, City and Attorney agree as follows: Attorne_y's Services: During the year beginning July 1, 2001, 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 Nine Hundred and Forty -Five Dollars ($1,945.00), payable in one payment prior to July 1, 2001. The fee, if paid after July 1, 2001 will be $2,045.00. 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 Forty - Five and Two Hundred Twenty - Five Dollars ($145.00 - $225.00) 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• 0 The term of this Agreement is twelve (12) months commencing July 1, 2001. 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 eighteen (18) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2001. Dated: Dated: LIEBERT CASSIDY WHITMORE A Professional Corporation By CITY OF VERNON A Municipal Corporation M. 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 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 7, 2001 Liebert Cassidy Whitmore Attn: Melanie M. Poturica, Managing Partner 6033 West Century Boulevard Suite 601 Los Angeles, CA 90045-6410 Re: Agreement for Special Services July 1, 2001- June 30, 2002 Dear Ms. Poturica: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Transmitted herewith is an original executed copy of the aforementioned agreement approved at the Vernon City Council meeting held June 27, 2001. Mrs. Francone, our Risk Manager, will submit a check to you in the amount stipulated on the agreement. If you have any questions regarding this matter, please call Mrs. Joan Francone, at 323/583-8811 ext. 322. Ver truly yours, G oria os o Chief Depu y City Clerk GJO:ng CC: Joan Francone Resolution No. 7801 Agreement File No. 01-053 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 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 7, 2001 Liebert Cassidy Whitmore Attn: Melanie M. Poturica, Managing Partner 6033 West Century Boulevard Suite 601. Los Angeles, CA 90045-6410 Re: Agreement for Special Services July 1, 2001- June 30, 2002 Dear Ms. Poturica: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Transmitted herewith is an original executed copy of the aforementioned agreement approved at the Vernon City Council meeting held June 27, 2001. Mrs. Francone, our Risk Manager, will submit a check to you in the amount stipulated on the agreement. If you have any questions regarding this matter, please call Mrs. Joan Francone, at 323/583-8811 ext. 322. Ver truly yours, G oria os o Chief Depu y City Clerk GJO:ng cc: Joan Francone Resolution No. 7801 Agreement File No. 01-053 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 WHITMORE, 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 eighteen (18) 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 July 1, 2001, 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 Nine Hundred and Forth Five Dollars ($1,945 00), payable in one payment prior to July 1, 2001. Tefee 1f aidete�u1�1�1 b $,05 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 Forty - Five and Two Hundred Twenty - Five Dollars ($145.00 - $225.00) 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 July 1, 2001. 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 eighteen (18) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2001. Dated: 4 �-P4 0 Dated: Nil CITY OF VERNON APPROVED TO AS TO FORM BY Eduardo Olivo, City orney LIEBERT CASSIDY WHITMORE A Professional Corporation By CITY OF VERNON A Municipal Corporation By ones a u g, ay r ATTEST: LIEBERT CASSIDY WHITMORE A MERGER OF WHITMORE, JOHNSON & BOLANOS AND LIEBERT CASSIDY April24, 2001 Joan Francone Risk Manager/Personnel Assistant City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (ER020-017) SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM Membership: 7-01-01 thru 6-30-02 Total Amount Due: $1,945.00 If paid after July 1, 2001 amount due is $2, 045.00 (Includes $100.00 late fee) A PROFESSIONAL LAW CORPORATION 6033 West Century Boulevard, Suite 601, Los Angeles, CA 90045 Tel: (310) 645-6492 Fax: (310) 337-0837 www.lcwlegal.com 6- i MEMORANDUM / RISK MANAGEMENT/PERSONNEL TO: Bruce V. Malkenhorst, City Administrator FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: May 8, 2001 SUBJECT SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM As you know, the law firms of Liebert Cassidy and Whitmore Johnson and Bolanos merged earlier this year to create the largest law firm in California specializing in public sector employment related issues. Employment relations consortiums continue under the new name of Liebert Cassidy Whitmore and provide the excellent training quality that Vernon has known in the past. Please find attached Agreement for Special Services with the law firm of Liebert Cassidy Whitmore effective July 1, 2001 through June 30, 2002. This agreement provides group -training workshops through the South Bay Employment Relations Consortium. Eighteen public agencies participate in the consortium. • Special Services: Five days of group training workshops (half and/or full days but to total five full days) for $1945.00. Training costs have increased $55.00 from 2000/2001. • Additional Services: Attorney staff - $145.00 - $225.00 per hour. Paralegal staff - $75.00 per hour. There is no increase for additional service fees for 2001 /2002. Included with training workshops Liebert Cassidy Whitmore 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 Independent Cities Risk Management Authority (ICRMA). It is recommended that Council approve the Liebert Cassidy Whitmore Agreement for Special Services for 2001/2002. Please contact me if you require further information. JF/fs Enclosure 6033 WEST CENTURY BOULEVARD, SUITE 601 LIEBERT CASSIDY WHITMORE 2570 WEST EL CAMINO REAL, SUITE 600 _ LOS ANGELES, CALIFORNIA 90045 MOUNTAIN VIEW, CALIFORNIA 94040 T: (310) 981-2000 F: (310) 337-0837 A PROFESSIONAL LAw CORPORATION T: (650) 941-9333 F: (650) 941-9476 April 24, 2001 Joan Francone Risk Manager/Personnel Assistant City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: South Bay Employment Relations Consortium Dear Ms. Fr one: We are looking forward to another successful year with the South Bay Employment Relations Consortium. 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 the workshops will be forthcoming. Enclosed is an Agreement for Special Services. Please execute and return a signed copy to our office. The notes from the planning meeting are also enclosed. Some members of the committee suggested topics that were not chosen for the upcoming training year. If you are interested in having a workshop presented to your employees, please be advised that Liebert Cassidy Whitmore does offer customized, individual training. Individual training is conducted at your facility and includes the incorporation of your policies and procedures. Like the ERC workshops, you may send as many employees as you would like to the individual training. Our current rates for individual training are $1600 for a three — hour half - day presentation and $2500 for a six — hour full day presentation. If you have any questions please contact Cynthia Weldon, Director of Training & Marketing at (310) 981-2055 or cweldonwlewlegal.com. Sincerely, 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 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 21, 2001 Finance Committee City of Vernon Honorable Members: EDUARDO OLIVO. City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 STEVEN E: PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Communication from Bruce V. Malkenhorst, Director of Finance, dated June 21, 2001 transmitting an agreement with the law firm of Liebert Cassidy Whitmore entitled, Agreement for Special Services, effective July 1, 2001 through June 30, 2002. The Agreement provides Five (5) days of group training workshops through the South Bay Employment Relations Consortium at an approximate cost of $2,000.00, and availability to provide representational, litigation, and other employment relations services at the following rates; Attorney Staff: $145.00 - $225.00 per hour. Paralegal Staff: $75.00 per hour. In addition'to the training workshops, attorneys are available for telephone consultation at no additional cost. They are members of the Approved Attorney Panel Listing through.I.C.R.M.A. This has been reviewed by the Risk Manager, and it is hereby recommended that the law firm of Liebert Cassidy Whitmore be retained for the services outlined above. Very truly yours, Bruce V. Malkenhorst Director of Finance BVM/gst