HomeMy WebLinkAbout20-Human Resources
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OR1G1NAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Human Resources
Subject: Resolution of the City of
San Bernardino approving an
Agreement with Liebert Cassidy
Whitmore for Labor Relations
Training Services
MICC Meeting Date: July 21 J 2003
From: Linnea Livingston
Date: June 26, 2003
Synopsis of Previous Council Action:
On July 26, 2001, the Mayor and Common Council approved a Resolution of the City of
San Bernardino approving an agreement with Liebert Cassidy Whitmore for Labor
Relations Training Services.
Recommended Motion:
Adopt Resolution.
vfLVM!a r;;:~-
Signature
Contact person: I inn..", I iving"tnn
phnn",.
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Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
$1.925 if oaid by 8/1/03
Source: (Acct. No.)
001-111-5133
(Ar.r.t n~c:,..rirtinn) I=rh Ir.~tinn R. Tr:::aining
Finance:
Council Notes:
"\2t::<:1Cl '-"'-z(O::;- zen
Agenda Item No. ~
7/JJ/03
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the City of San Bernardino approving an agreement with Liebert Cassidy
Whitmore for Labor Relations Training Services.
Background:
The City of San Bernardino has been a member of the East Inland Employment Relations
Consortium since 1995. Through this association, the City has been offered participation in
various labor relations training services offered by the law firm of Liebert Cassidy Whitmore.
These services include workshops related to supervisory skills, performance evaluations,
grievance and discipline administration, legislative and administrative developments in the
personnel field, and various other topics of interest.
In 2002-2003, a total of 47 employees from the Animal Control, City Clerk, Civil Service, Code
Compliance, Development Services, Facilities Management, Fire, Human Resources, Library,
Information Services, and Police Departments, attended these workshops. This service has
proven to be beneficial to the City of San Bernardino.
Financial Impact:
The cost for the 2003-2004 year is $1,925.00, payable in one (I) payment prior to August 1,
2003, to be paid from Human Resources' Education and Training account. In addition to the
membership fee, each department pays $30 per attendee for refreshments/lunch. The attached
agreement is recommended for approval.
Recommendation:
Adopt Resolution.
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(C(Q)[P1{
Resolution No.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LABOR RELATIONS
TRAINING SERVICES
3
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5
6
SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of the
7
City of San Bernardino an agreement for special services with Liebert Cassidy Whitmore, a copy
8
of which is attached hereto and incorporated herein as Exhibit A, for the total amount of One
9
Thousand Nine Hundred Twenty-Five Dollars ($1,925.00) payable in one (1) payment prior to
10
August 1,2003, for labor relations training.
11
SECTION 2. The authorization to execute the above-referenced agreement is rescinded
12
if the parties to the agreement fail to execute it within sixty (60) days.
.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LABOR RELATIONS
2 TRAINING SERVICES
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
4 Council of the City of San Bernardino at a meeting thereof, held on the
5
day of ,2003, by the following vote, to wit:
6
7 COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT
8 ESTRADA
9 LEIN-LONGVILLE
10 MC GINNIS
DERRY
11
SUAREZ
12 ANDERSON
. 13 MC CAMMACK
14
15 Rachel G. Clark, City Clerk
16
The foregoing resolution IS hereby approved this 0
17
,2003.
18
19
20
21 Approved as to form and
Legal content:
22
JAMES F. PENMAN,
23 City Attorney
24 By: fb~9;~
. 25 (/
J
Judith Valles, Mayor
City of San Bernardino
2
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AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the CITY OF SAN BERNARDI:\O, A
Municipal Corporation, hereinafter referred to as "City," and the law firrn of LIEBERT
CASSIDY WHITMORE, A Professional Corporation, hercinafter referred to as "Attomey."
WHEREAS, City has the need to secure expert training services to assist City 111 its
relations and negotiations with its employee organizations; and,
WHEREAS, City has detcrrnined that no less than eleven (11) public agencies in the East
Inland Empire have the same need and have agreed to entcr into identical agreements with
Attomey; and,
WHEREAS, Attorney is specially experienced and qualified to perforrn the special
services desired by the City and is willing to perforrn such services;
NOW, THEREFORE, City and Attomey 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 strategies, employment
discrimination and affirrnative action, employment relations from the perspective of
elected officials, perforrnance evaluation (administering evaluations), grievance and
discipline administration for supervisors and managers, planning for 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 deterrnined by City
and the other said local agencies.
2. A monthly newsletter covering employment relations developments.
Fee:
Attomey 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 Twentv-Five Dollars ($2,025.00).
Said fee will cover Attomey's time in providing said training and the development and printing
of written materials provided to attendees at training prob'Tams.
.
Additional Services:
Attorney shall, as and when requestcd hy City, make itself availahle to City to provide
other emploY1TIent relations services at the rate of between One Hundred Sixty to Two Hundred
Sixty Dollars (5160.00 - $260.00) per hour for attorney staff and Ninety-Five to One Hundred
Ten Dollars (595.00 - 5110.00) 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 adviec 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 of the Mayor and Common
Council of the City of San Bernardino, Liebcrt 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!, 2003.
THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS BETWEEN THE
PARTIES.
Dated:
LIEBERT CASSIDY WHITMORE
A Professional Corporation
By
Dated:
CITY OF SAN BERNARDINO
A Municipal Corporation
Approved as for form and content.
. By ~~ 7,4~-
(l
By
OFFICE OF THE CITY CLERK
RACHEl.. G. CLARK, C.M.C. ~ CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.lis
July 24,2003
Liebert Cassidy Whitmore
6033 West Century Boulevard
Los Angeles, CA 90045
At the Mayor and Common Council meeting of July 21, 2003, the City of San Bernardino
adopted Resolution 2003-200 - Resolution approving an agreement with Liebert Cassidy
Whitmore for labor relations training services.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by September 19, 2003.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
'.../ H, (' (,_, U
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
\ I'K011:SSIO'\\1 1,\\\l'ORPOR.>,111),\;
153 To\\nsc1ll.i Street. Sllite 520
Salll-rancisco,Califomia 94107
Tel (415) 512-3()()() . Fax: (415) rt.'l6-OJIl()
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LIEBERT CASSIDY WHITMORE
RECFlV!'j.CIH Cl ChK
'03 AUG -1 All :40
July 30, 2003
CONFIDENTIAL
ATTORNEY/CLIENT PRIVILEGE
Michelle Taylor
Senior Secretary
Office of the City Clerk
300 North "0" Street
San Bemardino, C A 92418-000 I
Re: Agreementfor Professional Services
Dear Ms. Taylor:
Enclosed please find a signed agreement for professional services for your files.
Should you have any questions or comments, please do not hesitate to contact our office.
Very truly yours,
WHITMORE
AAT:
Enclosure
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,--- ~
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 4, 2003
TO:
Linn Livingston, Director of Human Resources
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-200 - Liebert Cassidy Whitmore
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement between the City and Liebert Cassidy
Whitmore for labor relations training services. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '1- 21- Q:;, Item #
Vote: Ayes I 'I Nays ,0
Change to motion to amend original documents:
20 Resolution#ZeX'.J.3 -Leo
Abstain -.0 Absent --0-
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately:--
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTV
Date Sent to Mayor: f"), Z y 03
Date of Mayor's Signature: [I' cF\ -0 j
Date ofClerklCDC Signature: 1)-.;1-1.' <,3
NullNoidAfter: f~,c' Of"!!" I 9-'<"I-C')
I
By: -
Reso. Log Updated: ~/
Seal Impressed: ................
Date Memo/Letter Sent for Signature: i\ . ~.., "f 'c:;,
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: .,/ Date Returned: "~. f -( :...>
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITV Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
,/
Code Compliance Dev. Services
Police Public Services Water
City Attorney
Parks & Rec.
Notes:
Ves ~ No By----?~
Ves No ,./ By --L-
Ves No --L By -;--
Ves No ;/ By+
-
Ves No / ByL-
EDA
Finance
,/
MIS
Others:
H z..
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: __
Date:
Revised 01/12/01