HomeMy WebLinkAbout17-Human Resources
'., CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From:
EDWARD S. RAYA
Subject:
AGREEMENT WITH LIEBERT
CASSIDY
Dept:
HUMAN RESOURCES
SEPTEMBER 5, 2000
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Date:
Synopsis of Previous Council Action:
On October 18, 1999, the Mayor and Common Council adopted Resolution No. 1999-
251 authorizing an agreement with Liebert, Cassidy & Frierson for labor relations
services.
Recommended Motion:
Adopt resolution.
~Jj~~
Edward S. Rava
Yes
Phone:
384-5161
Contact Person:
Supporting Data Attached:
Ward:
Source: (Acct No)
$1.800
001-111-5133
FUNDING REQUIREMENTS:
Amount:
(Acet Description) ~Z-Trainina
Finance:~j&?~
Council Notes:
/O!J../oo
Agenda Item No. /1
"crfv OF SAN BERNARDINO -Ri:QUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Agreement with Liebert Cassidy, a professional corporation.
BACKGROUND
The City of San Bernardino has been a member of the San Gabriel Valley Employee
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. Due to increased membership, the San Gabriel Valley Employment Relations
Consortium (ERC) has separated to form two (2) new consortiums. This is the first year
with the Inland Empire ERC.
These services have included workshops dealing with negotiation strategies, grievance
and discipline administration, legislative and administrative developments in the
personnel field and various other topics of interest.
In 1999-2001, there were thirty-eight (38) employees from the Animal Control, City
Clerk, Code Compliance, Development Services, Facilities Management, Fire, Parks,
Recreation & Community Services Police, Public Services and the Water Departments,
who signed up to attend a total of three workshops.
Attached is a list of the workshops being offered for 2000-2001. This service has
proven to be beneficial to the City.
FINANCIAL IMPACT
The cost for the 2000-01 year is $1,800 to be paid from Human Resources' Education
and Training Account. The attached agreement is recommended for approval.
RECOMMENDATION
Adopt resolution.
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Resolution No.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH LIEBERT CASSIDY FOR LABOR RELATIONS TRAINING
SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON OF THE CITY OF SAN
BERNARDINO AS FOllOWS:
I SECTION 1. The Mayor is hereby authorized and directed to execute on behalf
! of the City- of San Bernardino an agreement for special services with Liebert Cassidy, a
copy of which is attached hereto and incorporated herein as Exhibit A, for the total
I
amount of one thousand eight hundred dollars ($1,800) for labor relations training.
SECTION 2. The authorization to execute the above-referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Common Council of the City of San Bernardino at a
,
meeting thereof,
held on the
day of
, 2000, by the following vote,
I
to wit:
COUNCllMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
AYES
ABSTAIN ABSENT
NAYES
Rachel G. Clark, City Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH LIEBERT CASSIDY OR LABOR RELATIONS TRAINING
SERVICES.
The foregoing resolution is hereby approved this
of
,2000.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
Legal content:
JAMES F. P NMAN,
City Attor e
By:
~(Q)~W
.
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, 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 eighteen (18) public agencies
in the Inland Empire 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:
Attornev's Services:
.
During the year beginning July 1, 2000, Attomey will provide the following
services to City (and the other aforesaid public agencies):
1. Eight (8) 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. Providing a monthly newsletter covering employment relations
developments.
Fee:
Attorney will provide these special services to City for a fee of One Thousand
Eight Hundred Dollars ($1,800), payable in one payment on or about October 15, 2000.
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.
.
.
.
Additional Services:
Attorney shall, as and when requested by City, make itself available to City to
provide other employment relations services at its normal hourly fees. However, no
services other than group training sessions shall be provided to City without the express
written consent of the City Attomey, and all of City's requests for legal advice without
such consent shall be referred to the City Attomey.
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, 2000.
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, Liebert Cassidy 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 eighteen (18) local agency employers entering into a
substantially identical Agreement with Attorney on or about July 1, 2000.
THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS BElWEEN THE
PARTIES.
Dated:
LIEBERT CASSIDY
A Professional Corporation
By
Dated:
CITY OF SAN BERNARDINO
A Municipal Corporation
By
By
l.AW OF"ICES
LIEBERT CASSIDY
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15033 WEST CENTURY lSOULEVARO. SUITE 1501 . LOS ANGELES, CALI,. A ~LS '\'!.J L5 0
13101 1545-15492 . "AX 13101 337-0837
AUG 1 7 2000
HUMAN RESOURCES
City of San Bernardino
REMINDER
June 15, 2000
Ed Raya
Director of HU11Uln Resources
City of San Bernardino
300 North . D. Street
San Bernardino, CA 92418
(ER02Q-023)
(If.;
INLAND EMPIRE EMPLOYMENT RELATIONS CONSORTIUM
Membership: 7/1/00 - 6/30/01
Amount Due: $1,700.00
Ifpaid on or after September 1, 2000 Amount d~
(includes $100.00 late fee) .. .
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A PROFESHONAllAW COI'OUIION
HUMAN RESOURCES
City of San Bernardino
LIEBERT CASSIDY
August 8, 2000
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As most of you know due to increased membership the San Gabriel Valley
Employment Relations Consortium (ERC) has separated to form two new
consortiums.
Uebert Cassidy is excited about the first year of training with the Inland
Empire ERC. We thank you for your support and are/ooking forward to a
successful year of training.
.'
Enclosed you will find the 2000-2001 workshop schedule along with an
Inland Empire ERC membership list and the planning meeting notes from
May 30. If there are any changes you would like to make to the membership list,
or if you have any questions, please contact me via e-mail at
along@liebertcassidy.com or via phone at (310) 645-6492.
Thank you, and we look forward to a great training year.
Sincerely,
LIEBERT CASSIDY
~~
Alexis Long
Training Coordinator
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'LIEBE~T~ASSIDy20\JO-2001 WorkshoP Schedulf
A Prof."ional Law Corporation
Inland Empire ERe
September 21, 2000 - "Avoid.ing and Handling a Grievance: Issues and Answers"
date: Thursday, September 21,2000
time: 9:00 a.m. to noon
location: Fontana
audience: Supervisors and Managers
September 21,2000- "Use and Abuse of Absenteeism"
date: Thursday, September 21,2000
time: 1:00 p.m. to 4:00 p.m.
location: Fontana
audience: Supervisors and Managers
, '
November 9, 2000 - "ADAlFEHAlFMLA/Workers' Compensation/Disability
Retirement: Administering Overlapping Laws"
date: Thursday, November 9,2000
time: 9:00 a.m. to 4:00 p.m.
location: Fontana
audience: Upper Management, Personnel/Employment Relations Staff, Agency Counsel
January 18, 2001 - "Personnel Issues: Hiring, Reference Checks and Personnel
Records & Files"
date: Thursday, January 18, 2001
time: 9:00 a.m. to 4:00 p.m.
location: Fontana
audience: Upper Management, Personnel/Employment Relations Staff
Liebert Cassidy
6033 W. Century Blvd., Sle. 60llos Angeles. CA 90045 (3101645-6492 . 49 Stevenson SI.. 5!e. 1050, San Francisco, CA 94105 (4151546-6100
-'
~ JOO-200( lorkshop Schedule I Pg. 2
March 15, 2001 - "FLSA: Audit"
date: Thursday, March 15, 2001
time: 9:00 a.m. to 12 noon
location: Fontana
audience: Personnel, Human Resources, Finance, Risk Management and Department Heads
March 15, 2001 - "Fitness for Duty and Confidentiality of Medical Records"
date: Thursday, March 15, 2001
time: 1:00 p.m. to 4:00 p.m.
location: Fontana
audience: Human Resources, Risk Managers and Command levels of Police and Fire
May 17, 2001 - "12 Steps to Avoiding Liability"
date: Thursday, May 17, 2001
time: 9:00 a.m. to 12 noon
location: Fontana
audience: Supervisors through Executive Management
May 17, 2001 - "New Legal Issues You Need to Know"
date: Thursday, May 17,2001
time: 1:00 p.m. to 4:00 p.m.
location: Fontana
audience: Executive Managers, Personnel/Employment Relations Managers, Agency Counsel
Liebert Cassidy
603) W. Cenlury Blvd., Silt. 601 Los Angeles, CA 90045 (310) 6"5~92 . 49 SlevcnKJn 51., Sle. 1050, San hanciKo, CA 94105 (4151546-6100
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eJanning Meeting Notes - 5.30.00
Inland Empire ERe
I. Feedback
· New name: Inland Empire ERC
· Fontana as possible meeting location. (Gina will help us identify location,
possibly Sierra Lakes)
· Positive feedback regarding the training
· Consortiwn calls not utilized a lot, but positive when utilized
· Interested in dealing with "attitude problems" workshop - what can you do
legally?
· If members want certificates they will notify Liebert Cassidy and we will track
per their request (i.e., # of hours, by specific workshop(s) etc.
II. Workshops for 2000/2001
· Third Thursday - September, November, January, March, May
· Avoiding and Handling a Grievance: Issues and Answers (half day) and Use and
Abuse of Absenteeism (half day)
· FLSA: Audit (half day) and Untitled Workshop (half day)
· Personnel Issues: Hiring. Reftirence Checks and Personnel Records & Files (full
day)
· 12 Steps to Avoid Liability (half day) and New Legal Issues You Need to Know
(half day)
· ADA/FEHAlFMLA/Workers' Compensation/Disability Retirement: Administering
Overlapping Laws (full day)
III. Rate
· $ I 700 per agency for current members;
$2000 for new members
· Late fee of$IOO if paid after September 1,2000.
· Group would like to maintain the $28 per attendee charge for refreshments/lunch.
We will seek a facility that can accommodate this.
DEC-04-00 04:27 PM LIEBERT CASSIDY WHITMORE 3102163377
P.01
L1EBItRT CASSIDY WHITMORE
6033 W. Century Boulevard, Suite 601
Los Angeles, California 90045
(310) 645-6492
Fax: (310) 337-0837
FAX COVER SHEET
To: ~ ~.>-tWla'j._d
Fax Number: CJcPr. 38'-1. ':SI '5 6
From: A{e>Q~ ~ Date: I~/~/(ft)
Re: Aff-ee~#JJ- W ~'.cJ ~U;(-&5
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IF YOU DO NOT RECBIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY.
DEC-04-00 04:27 PM LIEBERT CASSIDY WHITMORE 3102163377
P.02
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2000-299
A~"~EMENT fIIOR S~ECIAL IIRVICU
Thi. Agreement " enterad Into between the CITY OF SAN BERNARDINO. A
Municipal Corporation. hereinafter referred to II .CIty; and th. 1_ lirm of LIEBERT
CASSIDY. A Professional Corporation. hereInafter referred to as "Attomey."
WHEREAS. City ha. lhe need to .ecure elq)8/t traIning HNIee8 to ."'11 City In
Its reletions and neggtjatlons wlttlltl employ.. orgllnlzalions; and.
WHEREAS. City ha. determined that no Ie.. than eighteen (18) public agencies
In th. Inland E~lre have the aama need Ind have agreed to enter into illenbl
agreemente with Attomey. and.
WHEREAS. Attorney It 8pedally experienced and quallneCl to perform the
special .erviee, de.lm by tne City and II willIng to perform IUch ..IVlces;
NOW. THEREFORE. City end Attorney agree as foIlowa:
AItDrnav'a Services:
During the year begInning July 1. 2000. Altomey will pl'OYide the following
..rvteeslo City (and the other efore"ld publiC agenctel);
1. Eight (a) days of group training WOrkshops covering IUch 8Il'lpIOyment
reI,tlons subjects 8S management rlghll and obligations. negotiation
8ll'ltegies. employment dl8erlmlnatlon and atrlrmatlve actton, employment
"".tlonl from the perspective of elected ofllclal8, performance evaluation
(adminll~ng evaluations). grlevance .lId discipline Idmlnl8lratlon for
Ilupervieore and manege". planning rtlr and responding to concerted Job
actions, cu""nt court. admlnistretiv, and Iegllllltive developmentt In
personnel administration snd employment relatlonl. etc.. with the 8paclllc
8ubject8 covered and IMgths of Individual workshop prellntatian6 to be
determined by City and the other laid local egeneJes.
2. Provlcllng a monthly newsletter covertng employment ,lI,tlOna
developmentli.
fa
Attorney win provide theae special 8elV1c:e8 to City for a tee ot One Thouulld
Eight Hundred Dollars (11.800). peyabla in one payment on or abou1 October 115, 2000.
SaiCl fee will cover Attorney', time In providing said training. end the development and
Prlnting of wrttten materials provided to attendae. et training progrems.
DEC-04-00 04:28 PM LIEBERT CASSIDY WHITMORE 3102163377
Oec-Ol-OQ 03:SSP City Clerks O~~ic. 1
2000-299
P.03
P.03
MdltIonal Servlc..:
Attome)' Ihall. .s and when requested by City, make itself available to City to
plOYlde other employment relations sarvlees .t ill! normal hourly fee.. However, no
S.rvk:el other than group training unions .hall be provided to City without the exp""s
wrl1ten consent of the City Attorney. and all of City's requests for legal advice wtthout
sueh consent shall be referred to the City Attomey.
JndtDMd.... Contl'llcIDr:
It Is und8l1ltoocl and agreed that Attomey Is Ind ,hen remain an Independent
contractor und9r tills ~lIreement.
T~rm:
The te"" of this Agreement i. twelve (12) monlll. commencing July 1, 2000.
The term may be extended for edditional periode of time by the wrltten coneent of the
Ma)or and Common counon of the City of San Bernardino, L.iebert Clllidy and the San
Bemlrelino Oity Altomey.
ClIIldltlon PraycMnt:
It il understood and agreed that lIIe partlee' 8Iorellld rights and obligationl Ire
contingent on no less than eighteen (18) local Igeney employe,. entering into a
lubslantlally ldenllcal Agreement wItt1 Attorney on or about July 1, 2000.
THIS AGREEMENT SUF"ERSEDES ANY PREVIOUS AGREEMENTS BETWEEN THE
PARTIES.
Deted; It.-I'' /0'0
I
L.IEIERT CASSIDY
A Proresslonal CorporaUon
By
CIted: ICl'''''OO
CITY DF 8AN BERNARDINO
A Munlclpel Corporation
B~
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BY-1
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December 12, 2000
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Per ~ur pho~e. conver~ation of. December 4,21 rJLcd o.JcJJ.I,.I~ I.
relatlons trammg serVices, which was approve k~ ceull~ (),J1""'
Please sign and return the agreement to the Cit ~ D' /.p;./6 Ll4 q ;). ,11 if vi "-
Box 1318, San Bernardino, CA 92402, as SOOD ul f/-rr<-'r<'"-'
Ms. Alexis Long
Liebert Cassidy
6033 W. Century Blvd., Suite 601
Los Angeles, CA 90045-6410
Dear Ms. Long:
If you have any questions, please do not hesitat
. __ VV7} .JOQ-:>UU2.
Sincerely,
Linda Sutherland
Deputy City Clerk
r
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Alexis Long
Liebert Cassidy
6033 W. Century Boulevard, Suite 601
Los Angeles, CA 90045-6410
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October 6, 2000
Dear Ms. Long,
At the Mayor and Common Council meeting of October 2, 2000, the City of San Bernardino
adopted Resolution 2000-299 - Resolution approving an agreement with Liebert Cassidy for
labor relations training services.
Enclosed is one (I) 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 retain a copy of the executed agreement for your files.
Please be advised that the resolution and agreement will be null and void if not executed by
December 1,2000.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
Michelle Taylor
Senior Secretary
...
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Resolution # ?J::m - '2 Cj C)
Abstain .~ Absent?
Meeting Date (Date Adopted): 10 - '2.-00 Item # l 'I
Vote: Ayes I) 3 -I) Nays.e
Change to motion to amend original documents:
Reso, # On Attachments: /
Contract term:
Date Sent to Mayor: '10- 4 - 0 0 Date Returned from Mayor:
Date of Clerk's Signature: 10. 5 -C:() Reso, Log Updated:
iO -4-co
./
NullNoidAfter: 12- I-On
Date of Mayor's Signature:
Seal Impressed: .......-
i(Y~-LD
Date Memo Sent to Department for Signature:
See Attached: - Date Returned:
Date Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
/
See Attached: V' Date Returned: 1.:1. - :::l7-O0
See Attached:
See Attached:
l,;l-I;t-OO
10 -<"-00
Note on Resolution of Attachment stored separately: -==----
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ./
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
- See Attached: -
Yes ./ No By
-
Yes No-L By
Yes No v By
Yes No ./ By
Yes N07 By
EDA
Finance'/ MIS
Others: i-!u(Y\1'tf\ ~UC(=5:
3' - - =
a.-~~ {J . - A 0 ~tJ
I ~2-0UO' =f~~ ~~~~~f~ol
/}IV
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: