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HomeMy WebLinkAboutLiebert Cassidy Whitmore (5)L0087 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the Town of Los Altos Hills, hereinafter referred to as "Agency," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "Attorney." WHEREAS Agency has the need to secure expert training and consulting services to assist Agency in its workforce management and employee relations; and WHEREAS Agency has determined that no less than twenty-two (22) public agencies in the 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 Agency and is willing to perform such services; NOW, THEREFORE, Agency and Attorney agree as follows: Attorney's Services: During the year beginning July 1, 2022, Attorney will provide the following services to Agency (and the other aforesaid public agencies): Five (S) 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 Agency and the other said local agencies. It is expressly understood that the material used during these presentations, including written handouts and projected power points are provided solely for the contracted workshops. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the expressed written permission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions. Availability of Attorney for Agency to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters. The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney's hourly rate. (See additional services section.) 3. Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to Agency for a fee of Four Thousand Two Hundred Thirty Dollars ($4,230.00) payable in one payment prior to August 1, 2022. The fee, if paid after August 1, 2022 will be $4,330.00. 10098021.1 ER020-002 L0087 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 Agency, make itself available to Agency to provide representational, litigation, and other employment relations services. The Agency 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 Agency. The range of hourly rates for Attorney time is from Two Hundred Forty to Four Hundred Twenty Five :Dollars ($240.00 - $425.00) per hour for attorney staff, Two Hundred Seventy Dollars ($270.00) per hour for Labor Relations/HR Consultant and from One Hundred Forty-five to One Hundred Eighty -Five Dollars ($145.00 - $185.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one-tenth of an hour. Attorney reviews its hourly rates on an annual basis and if appropriate, adjusts them effective July 1. 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, 2022. 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 twenty-two (22) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2022. LIEBERT CASSIDY WHITMORE TOWN OF LOS ALTOS HILLS A Professional Corporation By: J. Scott T e emann / Managing Partner Date: � Zd22 10098021.1 ER020-002 By: Name: Title: 1. ` Date: InM-] LIEBERT CASSIDY WHITMORE INVOICE June 6, 2022 Sarina Revillar Administrative Services Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 II:I 6033 West Century Boulevard, 511 Floor Los Angeles, California 90045 T:(310) 981-2000 F:(310) 337-0560 (L0087-10000) INVOICE NUMBER: 218901 HUMBOLDT COUNTY EMPLOYMENT RELATIONS CONSORTIUM Membership: 07/01/22 through 6/30/23 Please make your check out for one of the following amounts: ERC Membership $4,230.00 ERC Membership w/ Basic Liebert Library Subscription (optional) Basic Subscription provides access to LCW workbooks in digital $4,635.00 ❑ format. You can search all workbooks, but cannot print or download the books. ERC Membership w/ Premium Liebert Library Subscription (optional) Premium Subscription provides unlimited access to LCW $5,130.00 ❑ workbooks in digital format, as well as over 200 sample forms, model policies and checklists that can be downloaded and used as templates, Note: Please .rend us a copy of'this invoice along with your payment. For more information about the Liebert Library, please visit www.liebertlibrarE.com, or email libraryna,lcwlaal. com. If ERC Membership paid after August 1, 2022 amount due is $4,330.00 (Includes $100.00 late fee) Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com 10098021.1 ER020-002 I,IEBERT CASSIDY WHITMORE 6033 West Century Boulevard, 5kh Floor Los Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 June 6, 2022 Sarina Revillar Administrative Services Director Town of Los Altos Hills 26379 Fremont Road 1 -os Altos Hills, CA 94022 Re: Bay Area Employment Relations Consortium Dear Ms. Revillar: We are looking forward to another successful year with the Bay Area 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 newsletter, and telephone consultation. As discussed at the recent planning meeting (see enclosed notes) we will move to a hybrid model next year — with some workshops presented via webinar and some in person. For those presented via webinar, we will continue to provide member agencies with the recording of these presentations so more employees can benefit from them. Enclosed is an Agreement for Special Services. Please execute and return a copy to our office. You'll note that the attached invoice gives you the option of subscribing (or renewing) your Liebert Library membership. Library subscription is optional and is included here for your convenience. If you have any questions about the consortium, our other training programs or if you would like to pay your invoice via credit card, please contact Cynthia Weldon, Director of Marketing & Training at (310) 981-2055 or cweldon@lcwle ag l.com. We thank you for your membership and we look forward to another successful training year. Sincerely, LIEBERT CAS ID WHITMORE BY: J. S tt Tiedemann Ma ging Partner Enclosures Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com 10098021.1 BR020-002 For more than 40 years our attorneys have tirelessly worked to create an entire library of legal resources that covers a variety of labor and employment topics. Now you can get on -demand access to our extensive collection of workbooks, sample forms, model policies and checklists, including: OWORKBOOKS: The FLSA Compliance Guide Principles for Public Safety Employment Annual Audit of Your Personnel Rules Labor & Employment Relations Issues During Lean Times Understanding Public Employee Retirement Issues F SAMPLE FORMS 8c POLICIES: Checklist for POBR/FBOR Investigation Reasonable Accommodation Policy Sample Anti -Bullying Policy Sample Discipline Policy Social Media Policy We offer 2 levels of subscription for Liebert Library at economical prices that will allow you to lower future legal costs for your agency: 1. Basic Membership -Access to all of our workbooks in digital format. You will have on -demand access to these documents, which are fully searchable (but not downloadable.) 2. Premium Membership - Access to all of the benefits of our Basic Membership (see above), as well as the ability to download in Word more than 200 sample forms, checklists and model policies. The newly incorporated model policies include detailed commentary on the statute/reason the policy is recommended as well as tips on how to customize the policies to your specific agency and how to best implement them. LIEBERT CASSIDY WHITMORE EMPLOYMENT RELATIONS CONSORTIUM PLANNING MEETING NOTES ® MAY 10, 2022 BAY AREA ERC 1) Comments • Members held their annual planning meeting via Zoom after completing a survey to select workshops for the 2022-2023 year. • The members voted to conduct the 2022-2023 classes via a mixture of in person and virtual formats. o Some members expressed that the webinars area great way to get their employees engaged and participating in the training; while others felt the webinar attendance was dwindling. o All members appreciated receiving the recordings following the webinar. • The members find Francesca to be extremely responsive and appreciate her good work! • The group is receiving communications in a timely manner and response to consortium calls has generally been good. • The group discussed a need for more workshops on topics like leadership, project management, understanding of the basics. o We discussed the possibility of LCW developing some classes in these categories as well as a possible Supervisory Academy that would include the basics along with case study classes to demonstrate how topics overlap. • The group also noted that they like completing the survey in advance of the planning meeting, but look forward to meeting in person so that they can connect with colleagues. 2) Services Explained Complimentaryphone Consultation: ERC members are able to consult with an attorney on select matters. The service covers items that the attorney knows off the top of their head. It does not cover writing/reviewing documents; advice on on-going legal matters, or advice requiring extensive research. Items that fall outside the realm of this service are noted as such and members have the option to ask for LCW to proceed as a billable matter. For this reason, agencies should choose carefully who is permitted to place these types of inquiries. Inquiries can be made by calling any of our offices, any of our attorneys by emailing: AskLCW@Icwlegal.com. • Consortium Workshops across the State: ERC members are able to attend other Consortiums' workshops. If you are interested in attending, you must contact Francesca Savellano (fsavellano@lcwlegal.com) two weeks prior the scheduled workshop. Once all the registration sheets are received from the host Consortium, if space is available, members from other consortiums are able to attend. There is no cost to attend another Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlecial.com LIEBERT CASSIDY WHITMORE O EMPLOYMENT RELATIONS CONSORTIUM Consortiums' workshop, unless they require a per person/refreshment fee. This is true of in-person presentations as well as webinars. • Consortium Webinars: Each registrant will receive instructions on how to log in to the webinar. Agencies will receive a report following the webinar on who logged in and how long they remained on the line. Each member agency will receive a recording of the webinar for their internal use. • Workshop Attendance: LCW reminds agencies that they are responsible for monitoring who is registering for the workshops. LCW provides a guide as to who should attend the workshops and requests that the agency use its best discretion when registering employees as the composition of the audience can impact the message and tone of the workshop. This recommendation is also true when sharing the webinar recording. • Public Sector Employment Relations Certificate Program: This is a complimentary program. Participants are required to complete 8 specific workshops within a three year period. Participants must present proof of attendance through paperwork distributed at the workshop. LCW does not track attendance. • Individual/Customized Training: o LCW conducts customized training in-person, via webinar and through our on demand platform. o Includes the incorporation of your policies and procedures, as well as an original set of materials for your reproduction. o Any of the workshops listed on the Master Workshop Topics List can be presented outside of the consortium to one specific agency or a group of agencies to share the cost. o LCW would be happy to send an e-mail to other agencies if a request for an individual workshop has been made and the agency requesting the workshop wishes to combine with other agencies. For more information, contact Anna Sanzone-Ortiz at (310) 981-2051. On -Demand Harassment Training: California requires that all employers provide harassment prevention to supervisory and non -supervisory employees every two years or within 6 months of hire or assumption of a supervisory role. LCW has created an engaging on -demand, online harassment training for California public agencies for supervisory and non -supervisory employees that meets all DFEH requirements. The training includes testing throughout and provides a certificate of completion to the participant as well as reports to the agency administrator. Additionally the program can be incorporated into an existing Learning Management Platform, or used as a stand-alone resource. Please contact our dedicated On Demand Team at (310) 981-2000 or on-demand@lcwlegal.com for more information. Los Angeles l San Francisco I Fresno l San Diego I Sacramento www.lcwleaal.com ® LIEBERT CASSIDY WHITMORE � EMPLOYMENT RELATIONS CONSORTIUM • Liebert Library: Subscription is optional to our online collection of workbooks, sample forms, policies and checklists. This option is included in your consortium invoice. • Social Media: follow us on Twitter (http://twitter.com/lcwlegal); Linked In (https://www.Iinkedin.com/company/Iiebert-cassidy-whitmore/) and read our Labor and Employment blog (http://www.caIpublicagencylaboremploymentblog.com) 3) Workshops (5 full days of training to be held on Wednesdays or Thursdays) • Moving Into the Future: Telecommuting and Remote Work - Half Day • (NEW) Public Service Customer Service - Two Hours • Difficult Conversations - Half Day • Advanced Misconduct and Disciplinary Investigations - Half Day • Public Sector Employment Law Update - Half Day • Leaves, Leaves and More Leaves (Certificate Class) - Half Day • Maximizing Supervisory Skills for the First Line Supervisor (Certificate Class) - Full Day • Managing the Marginal Employee - Half Day • Prevention and Control of Absenteeism and Abuse of Leave - Half Day 4) Workshop Hosting • 2022-023 workshops will be scheduled as a mixture of Virtual and In Person presentations, adhering to CA Dept. of Public Health guidelines, as well as any guideline for the hosting agency, for any in person presentation. • The cities of Cupertino, Hayward, Newark, and Palo Alto and the Midpeninsula Regional Open Space District have volunteered to host. 5) ERC Membership Fee • The 2022/2.023 annual membership fee is $4,205. There will also be a $25 per agency fee to cover the costs of refreshments. Host agencies will be provided these funds to help off set costs. • $100 late fee to be paid after August 1, 2022. Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com