HomeMy WebLinkAbout2003-200
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Resolution No. 2003-200
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LABOR RELATIONS
TRAINING SERVICES
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of the
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City of San Bernardino an agreement for special services with Liebert Cassidy Whitmore, a copy
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of which is attached hereto and incorporated herein as Exhibit A, for the total amount of One
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Thousand Nine Hundred Twenty-Five Dollars ($1,925.00) payable in one (1) payment prior to
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August 1, 2003, for labor relations training.
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SECTION 2. The authorization to execute the above-referenced agreement is rescinded
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if the parties to the agreement fail to execute it within sixty (60) days.
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2003-200
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LABOR RELATIONS
TRAINING SERVICES
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
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Council of the City of San Bernardino at a j t. regular
meeting thereof, held on the
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21st
day of July
, 2003, by the following vote, to wit:
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COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
ESTRADA X
LEIN-LONGVILLE X
MC GINNIS X
DERRY X
SUAREZ X
ANDERSON X
MC CAMMACK X
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Raf!fzd,)/ fJarJu
Rachel G. Clark, City Clerk
Jy J~'nterlW;~ ~ty
is hereby pro ed this !) 41 ~ 0
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The
foregoing resolution
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July
,2003.
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Gordon McGinnis, Mayor Pro Tem
20 City of San Bernardino
21 Approved as to form and
Legal content:
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JAMES F. PENMAN,
23 City Attorney
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2003-200
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the CITY OF SAN BERNARDINO, 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 services to assist City in its
relations and negotiations with its employee organizations; and,
WHEREAS, City has determined that no less than eleven (11) public agencies in the East
Inland Empire have the same need and have agreed to enter into identical agreements with
Attorney; and,
WHEREAS, Attorney is specially experienced arId 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 July 1, 2003, 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 stntegies, 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 responding to
concertc:d 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. A monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to City for a fee of One Thousand Nine
Hundred Twenty-Five Dollars ($1,925.00), payable in one payment prior to August 1,2003. The
fee, if paid after AUl!ust 1, 2003, will be Two Thousand Twenty-Five Dollars ($2,025.00).
Said fee will cover Attorney's time in providing said training and the development and printing
of written materials provided to attendees at training programs.
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2003-200
Additional Services:
Attorney shall, as and when requested by City, make itself available to City to provide
other employment relations services at the rate of between One Hundred Sixty to Two Hundred
Sixty Dollars ($160.00 - $260.00) per hour for attorney staff and Ninety-Five to One Hundred
Ten Dollars ($95.00 - $110.00) 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. However, no services other than group
training sessions shall be provided to City without the express written consent of the City
Attorney, and all of City's requests for legal advice without such consent shall be referred to the
City Attorney.
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, 2003. The term
may be extended for additional periods of time by the written consent ofthe Mayor and Common
Council of the City of San Bernardino, Liebert Cassidy Whitmore and the San Bernardino City
Attorney.
Condition Precedent:
It is understood and agreed that the parties' aforesaid rights and obligations are
contingent on no less than eleven (11) local agency employers entering into a substantially
identical Agreement with Attorney on or about July 1, 2003.
THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS BETWEEN THE
PARTIES.
Dated:-.Jl.\.lyZ"i} t:..oo3
LIEBERT CASSIDY WHITMORE
A Professional Corpora!"
By
Dated: ~,-,l'1 Y',.;)C'Q3
,
CITY OF SAN BERNARDINO
A Munic' Corporation
Approved as for form and content.
By ~~ 7 ,t:'M~
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By