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18-0101_LIEBERT CASSIDY WHITMORE_Services AgreementU E BER -f CASSI DY WFI TMORE December 1, 2017 Sant Penrod I luman Resources and Risk Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 F ECF5VED C 14 1017 anayr r'r: Dept. 6033 WUSI CC1ntUry Boulevard, 511 Floor Los Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 Re: Orange County Employment Relations Consortium Dear Mr. Penrod: We are looking forward to another successful year with the Orange County 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 six full days of training, our monthly Client Update, and telephone consultation. We are enclosing the planning meeting notes for your records. We will forward the schedule when it is ready. Enclosed is an Agreement for Special Services, Please execute and return a copy to our office. Additionally, you will note that the group did select "Preventing Workplace harassment" training for two of the workshops this year. 'phis workshop does meet the requirements of AB 1825 and A13 1661. The firm also provides this training thrOUgh our customized training program. You may schedule training with us for your agency or invite a group of agencies to join in the training session to share the cost. If you have any questions about the consortium or our other training programs, please contact Cynthia Weldon, Director of Marketing & "Training at (310) 981-2055 or cweld011(it)Icwl_eg ll.eonl. We thank you for your membership and we look forward to another suceessful training year. Sincerely, IJEBER'f 'IDY WHITMORI= BY: .I . it "Tiedemann a staging Partner 1.',IICIOSUres I.us Angeles I San Francisco I Frik t I San Diegol Sacramento WWW.kWN C conn 8369399.1 lZR020-013 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of San Juan Capistrano, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of L,IEBERT C:ASSiDY 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 forty-seven (47) public agencies in the Orange County 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 sI.rch services; NOW, THEREFORE, Agency and Attorney agree as follows: Attorney's Services-, During the year beginning January 1, 2018, Attorney will provide the following services to Agency (and the other aforesaid public agencies): Six (6) 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. "['his agreement warrants there will be no futUre use of Liebert Cassidy Whitmore material in other trainings or formats without the express 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 doCUlnents, 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.) Providing oi'a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to Agency for a fee of Three Thousand Three Hundred Seventy Dollars ($3,370.00) payable in one payment prior to February 1, 2018. The fee, if paid after February 1, 2018 will be $3,470.00. 8369399.1 FR020-013 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 to Three Hundred Seventy -Five Dollars ($200.00 - $375,00) per hour for attorney staff, One Hundred Ninety -Five Dollars to Two Hundred Thirty Dollars ($195.00 - $230.00) per hour for Labor Relations/HR Consultant and from Seventy -Five Dollars to One Hundred Seventy Dollars ($75.00 - $170.00) 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 January 1, 2018. 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 torty-seven (47) local agency employers entering into a substantially identical Agreement with Attorney_ on or about January 1, 2018. Dated: Dated:9 // r 8369399.1 I;R020-013 LIEBERASSIDY WHITMORE A Pr®fcs • o ill Corporation CITY DF SAN JUAN CAPISTRANO A MunfTal Corporation 13�- &__ --