Resolution No. 79694{
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RESOLUTION NO. 7969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR SPECIAL SERVICES (JULY 1, 2002 TO
JUNE 30, 2003) BY AND BETWEEN THE CITY OF VERNON
AND LIEBERT CASSIDY WHITMORE, A PROFESSIONAL
CORPORATION, PERTAINING TO EMPLOYMENT RELATIONS
MATTERS
WHEREAS, the City of Vernon is a voluntary member of an
information association of southland local agencies called the South
Bay Employment Relations Consortium (the "Consortium"); and
WHEREAS, the law firm of Liebert Cassidy Whitmore, a
Professional Corporation (the "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 the Consortium members
since 1990; and
WHEREAS, the Law Firm is willing to provide training sessions
during 2002-2003 to the Consortium members with an annual fee to the
City of Vernon of Two Thousand One Hundred Dollars and No Cents
($2,100.00) if paid prior to August 1, 2002 and Two Thousand Two
Hundred Dollars and No Cents ($2,200.00) if paid after August 1, 2002;,
and
WHEREAS, nineteen (19) members of the Consortium have the
same need for training and have agreed to enter into a substantially
identical agreement with the Law Firm; and
WHEREAS, the training sessions will benefit City employees
and will be in the public interest; and
WHEREAS, the City of Vernon has previously entered into
1 similar agreements with the Law Firm; and
2 WHEREAS, on May 14, 2002, the Finance Committee recommended
3 that the City Council approve the recommendation of Bruce V.
4 Malkenhorst, Director of Finance, dated May 8, 2002, that the Agreement
5 for Special Services be approved and executed; and
6 WHEREAS, the City of Vernon desires to enter into an
7 agreement with the Law Firm regarding legal services pertaining to
8 employment relations matters and special services pertaining to
9 Consortium training sessions for the period July 1, 2002 through
10 June 30, 2003.
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
12 CITY OF VERNON AS FOLLOWS:
13 SECTION 1: The City Council of the City of Vernon hereby
14 finds and determines that the recitals contained hereinabove are true
15 and correct.
16 SECTION 2: The City Council of the City of Vernon hereby
17 approves the Agreement for Special Services, a copy of which is
18 attached hereto as Exhibit "A" and made a part hereof.
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 Council of the City of Vernon directs
23 the City Clerk, or his designee, to send a fully executed Agreement and
24 a check in the sum of $2,100.00 if paid prior to August 1, 2002, to:
25
Liebert Cassidy Whitmore
26 Attn. Melanie M. Poturica, Managing Partner
6033 West Century Boulevard, Suite 601
27 Los Angeles, CA 90045-6410
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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 15th day of May, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MAL.URG, M yor
- 3 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES }
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7969, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, May 15,
8 2002, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
-0.
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the CITY OF VERNON, A Municipal
ation, hereinafter referred to as "City," and the law firm of LIEBERT CASSIDY
vIORE, A Professional Corporation, hereinafter referred to as "Attorney."
WHEREAS City has the need to secure expert training and consulting services to assist
in its relations and negotiations with its employee organizations; and
WHEREAS City has determined that no less than nineteen (19) public agencies in the
Bay area have the same need and have agreed to enter into identical agreements with
ay; and
WHEREAS Attorney is specially experienced and qualified to perform the special
desired by the City and is willing to perform such services;
NOW, THEREFORE, City and Attorney agree as follows:
During the year beginning July 1, 2002, Attorney will provide the following services to
(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 Two Thousand One
Hundred Dollars ($2,100.00), ayable in one payment prior to August 1, 2002. INNEM
. 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 program and a $100.00 refreshment fee.
Additional Services:
Attorney shall, as and when requested by City, make itself available to City to provide
representational, litigation, and other employment relations services. The City 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 City.
The range of hourly rates for Attorney time is from One Hundred Forty — Five to Two
Hundred Twenty - Five Dollars ($145.00 - $225.00) per hour for attorney staff and from Ninety
Dollars to One Hundred Ten Dollars ($90.00- $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 July 1, 2002. 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 nineteen (19) local agency employers entering into a substantially identical
Agreement with Attorney on or about July 1, 2002.
Dated: -/o
Dated:
LIEBERT CASSIDY WHITMORE
A Professional Corporation
11rL�oo
CITY OF VERNON
A Municipal Corporation
By
Attest: Leonis C. Malburg, Mayor
By. APPROVED AS TO FORM:
Bruce V. Malkenhorst, City Clerk By:
Eduardo Olivo, City Attorney
SUPPORTING
DOCUMENTS
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 nineteen (19) 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, 2002, 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 Two Thousand One
Hundred Dollars ($2,100.00), payable in one payment prior to August 1, 2002. Thy.fee- ifpaid
. , 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 program and a $100.00 refreshment fee.
Additional Services:
Attorney shall, as and when requested by City, make itself available to City to provide
representational, litigation, and other employment relations services. The City 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 City.
The range of hourly rates for Attorney time is from One Hundred Forty — Five to Two
Hundred Twenty - Five Dollars ($145.00 $225.00) per hour for attorney staff and from Ninety
Dollars to One Hundred Ten Dollars ($90.00- $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 July 1, 2002. 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 nineteen (19) local agency employers entering into a substantially identical
Agreement with Attorney on or about July 1, 2002.
Dated: 1� t-Io k
Dated:
LIEBERT CASSIDY WHITMORE
A Professional Corporation
CITY OF VERNON
A Municipal Corporation
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Lm ANC. Comma 90045 LIEBERT CASSIDY WHITMORE MmmiuN v,ga,, Cas 94040
T. (310) 981-2000 F. (310) 337-0837 A PxoFsssioNAL LAw CORPORATION T: (650) 941-9333 R (650 941.9476
April 29, 2002
Joan Francone
Risk Manager/Personnel Assistant
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: South Bay Employment Relations Consortium
Dear Ms. F cone:
It was great to see so many people at the planning meeting. We continue to appreciate the South Bay
Employment Relations Consortium and your membership in the group. This letter confirms that we will provide
the ERC members with five full days of training, our monthly Client Update, and telephone consultation. The
workshops chosen for the upcoming training are listed on the enclosed planning meeting notes. We will send a
detailed schedule of the workshops in the next few weeks.
Enclosed is an Agreement for Special Services. Please execute and return a copy to our office.
Some members at the planning meeting requested information regarding our customized training. We
provide training outside of the consortium on a variety of topics, all of which can be customized to include your
policies and procedures. Our current rates for individual training are from $1,600 to $2,000 for a three hour,
half -day presentation and $2,500 $3,000 for a six hour, full -day presentation. The rates vary depending on
who the presenter is. We are willing to provide this customized training for an individual agency or a group of
agencies so that the rate can be pro -rated.
We are also willing to create a mini conference day, where multi topics can be covered. You could
select 4-5 topics that would be covered in 1 — 1 1/2 hour presentations each. We will develop material for each
topic area. The idea behind the mini -conference is to involve upper level management by customizing the topics
to truly be an "executive briefing." The rate for the mini -conference is $3,000 per day. Finally, our workbooks
are available for sale. Our workbook order form is enclosed
If you have any questions about the consortium or our other training programs, please contact Cynthia
Weldon, Director of Training & Marketing at (310) 981-2055 or cweldon@lcwlegal.com.
Again we thank you for your membership and we look forward to another successful training year.
Enclosure
Sincerely,
LIEBERT .CASSIDY WHITMORE
BY:
Melanie M. Poturica
Managing Partner
www.lcwlegal.com
South Bay ERA'
I. Comments
► Everything went well
Problems getting employees to attend
• suggest tracking participation
• use attending members to boost attendance
• rotate hosting cities
• personalize announcement/send to specific people
• advertise that there is no additional cost for. individual departments
• email announcements
• City Manager back up importance of training
► New supervisor training needed
► LCW will check to see if we can 3-hole punch and staple workbooks
► Sign -in sheets need to be submitted by the deadline
II. Workshops for 2002/2003
► Recommended Leadership Techniques for the First Line Supervisor/Manager (full
day)
► New Legal Issues You Need to Know (half day) and Human Resources Roundtable
to include Labor Negotiations (half day) in the Spring
► Managing the Marginal Employee (half day) and Performance Evaluations (half
day)
► 12 Steps to Avoiding Liability (half day) and Embracing Diversity (half day)
► Exercising Your Management Rights (half day) and Issues and Challenges
Regarding Drugs and Alcohol in the Workplace (half day)
► There is now a charge to use the Torrance facility so we will rotate the workshop
locations:
• Santa Monica is willing to host (capacity = 120)
• Hawthorne is willing to host
• Manhattan Beach is willing to host (capacity =120) - no Wednesdays
III. Rate
► Rate increases to $2,000
► $100 assessment for refreshments per agency
► $100 late fee to be paid after August 1, 2002
LIEBERT CASSIDY WHITMORE
A PROFESSIONAL LAW CORPORATION
INVOICE
April 29, 2002
Joan Francone
Risk Manager/Personnel Assistant
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
6033 West Century Blvd., Suite 601
Los Angeles, California 90045
Tel: (310) 981-2000 Fax: (310) 337-0837
Tax 1D: 95-3658973
(ER020-017)
SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM
Membership: 07-01-02 through 06-30-03
TRAINING AMOUNT:
$2,000.00
REFRESHMENT FEE:
$100.00
- TOTAL AMOUNT DUE:
$2,100.00
If paid after August 1, 2002 amount due is $2,200.00
(Includes $100.00 late fee)
MEMORANDUM
RISK MANAGEMENVPERSONNEL v
TO: Bruce V. Malkenhorst, City Administrator
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: May 7, 2002
SUBJECT: SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM
Please find attached Agreement for Special Services with the law firm of Liebert Cassidy
Whitmore effective July 1, 2002 through June 30, 2003.
This agreement provides group training workshops through the South Bay Employment
Relations Consortium. Nineteen 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) $2100.00 which includes $100.00 for refreshments and $2000.00 for
training and printed material.
• Additional Services:
Attorney.staff - $145.00 - $225.00 per hour.
Paralegal staff - $90.004110.00 per hour.
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 the City approve the Liebert Cassidy Whitmore Agreement for Special
Services for 2002/2003.
Please contact me if you require further information.
JF/cc
Enclosure
c: City Attorney
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) 826-1438
Finance Committee
City of Vernon
Honorable Members:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
c�
May 8, 2002
Transmitted herewith is an Agreement for Special Services with Liebert
Cassidy Whitmore to be effective July 1, 2002, through June 30, 2003.
The Agreement provides five days of group training workshops through
the South Bay Employment Relations Consortium at an approximate cost
of $2,100.00, 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: $90.00 - $110.00 per hour.
In addition to the training workshops, attorneys are available for
telephone consultation at no additional cost. This has been reviewed
by the Risk Manager and the City Attorney, and it is hereby
recommended that the agreement with Liebert Cassidy Whitmore be
approved and executed.
Very truly yours,
Bruce V. Malkenhorst
Directcr of Finance
BVM/gm
IA A JAM- k: ow
MEMORANDUM
RISK MANAGEMENT/PERSONNEL
TO: Bruce V. Malkenhorst, City Administrator
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: May 7, 2002
SUBJECT: SOUTH BAY EMPLOYMENT RELATIONS CONSORTIUM
Please find attached Agreement for Special Services with the law firm of Liebert Cassidy
Whitmore effective July 1, 2002 through June 30, 2003.
This agreement provides group training workshops through the South Bay Employment
Relations Consortium. Nineteen 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) $2100.00 which includes $100.00 for refreshments and $2000.00 for
training and printed material.
• Additional Services:
Attorney.staff - $145.00 - $225.00 per hour.
Paralegal staff - $90.004110.00 per hour.
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 the City approve the Liebert Cassidy Whitmore Agreement for Special
Services for 2002/2003.
Please contact me if you require further information.
JF/cc
Enclosure
c: City Attorney
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 nineteen (19) 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, 2002, 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 Two Thousand One
Hundred Dollars ($2,100.00), payable in one payment prior to August 1, 2002. §111MM
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 program and a $100.00 refreshment fee.
Additional Services:
Attorney shall, as and when requested by City, make itself available to City to provide
representational, litigation, and other employment relations services. The City 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 City.
The range of hourly rates for Attorney time is from One Hundred Forty — Five to Two
Hundred Twenty - Five Dollars ($145.00 - $225.00) per hour for attorney staff and from Ninety
Dollars to One Hundred Ten Dollars ($90.00- $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 July 1, 2002. 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 nineteen (19) local agency employers entering into a substantially identical
Agreement with Attorney on or about July 1, 2002.
Dated: 1� -�a k?j
Dated:
LIEBERT CASSIDY WHITMORE
A Professional Corporation
CITY OF VERNON
A Municipal Corporation
.r