HomeMy WebLinkAbout19-Human Resources
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From:
EDWARD S. RAYA
Subject:
AGREEMENT WITH LIEBERT
CASSIDY WHITMORE
Dept:
HUMAN RESOURCES
ORIC.';:AL
Date: JULY 2, 2001
Synopsis of Previous Council Action:
On October 4, 2000, the Mayor and Common Council adopted Resolution No. 2000-299
authorizing an agreement with Liebert Cassidy for labor relations services.
Recommended Motion:
Adopt resolution.
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Edward S. Rava
Yes
Phone:
384-5161
Contact Person:
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
$1.750 if Davment made Drior to 8/1/01
Source: (Acet No)
001-111-5133
(~Des~. i';!ZTrainina
Finance: A1"rt' ;LC;7' /1...,
Council Notes:
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Agenda Item NO..-lJ
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Agreement with Liebert Cassidy Whitmore, a professional corporation.
BACKGROUND
The City of San Bemardino 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 Whitmore.
These services have included workshops dealing with supervisory skills, performance
evaluations, grievance and discipline administration, legislative and administrative
developments in the personnel field and various other topics of interest.
In 2000-2001, there were fifty-two (52) employees from the Animal Control, City Clerk,
Civil Service, Code Compliance, Development Services, Facilities Management, Fire,
Human Resources, Library, Information Services, and Police Departments, who signed
up to attend a total of five (5) workshops. This service has proven to be beneficial to the
City.
FINANCIAL IMPACT
The cost for the 2001-02 vear is $1,750. pavable in one (1) pavment prior to Auaust 1.
2001, to be paid from Human Resources' Education and Training Account. In addition
to the membership fee, each department pays $28 per attendee for refreshments/lunch.
The attached agreement is recommended for approval.
RECOMMENDATION
Adopt resolution.
Planning Mee~otes -5.10.01
Inland Empire ERe
I. Feedback
. More workshops geared for supervisors
. Like location, food, etc.
. Consortium calls are going well
. A lot of material for a short amount of time
. Presenters are great at answering questions & making themselves available during
lunch, etc.
. If a workshop is not selected we can present it on an individual agency (or group
ofagencies) basis
. Would like to have Public Safety Employment Issues as an individual workshop
II. Workshops for 2001/2002
. Third Thursday -- September, November, January, March, May
. Recommended Leadership Techniques for the First Line Supervisor/Manager
(full day) .
. Discipline: Putting it into Practice (full day)
. A Manager's Employment Relations Primer (full day)
. Managing the Marginal Employee (half day) and Performance Evaluations (half
day)
. New Legal Issues You Need to Know (half day) and Issues and Challenges
Regarding Drugs and Alcohol (half day)
III. Rate
. $1750 and $2000
. Late fee of $1 00 if paid after August 1, 2001
. Group will continue to pay $28 per attendee charge for refreshmentsllunch.
IV. Other
. LCW is now an MCLE provider, an additional sign-up sheet will be sent to each
workshop for attorneys only
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1
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
4 AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LABOR RELATIONS
TRAINING SERVICES.
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Resolution No.
BE IT RESOLVED BY THE MAYOR AND COMMON OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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
Whitmore. a copy of which is attached hereto and incorporated herein as Exhibit A. for
the total amount of one thousand seven hundred fifty dollars ($1.750), payable in one
(1) payment prior to August 1,2001. for labor relations training.
SECTION 2. The authorization to execute the above-referenced agreement is
14 rescinded if the parties to the agreement fail to execute it within sixty (60) days.
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
2 AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LABOR RELATIONS
TRAINING SERVICES.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Common Council of the City of San Bernardino at a.
meeting
6 thereof, held on the
7
8
9
10
11
12
, 2001, by the
day of
following vote, to wit:
AYES
NAYES
ABSTAIN ABSENT
COUNCILMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
13 SUAREZ
ANDERSON
14 MCCAMMACK
15
16
17
Rachel G. Clark, City Clerk
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20
21
The foregoing resolution is 'hereby approved this
of
,2001.
22
23 Approved as to form and
Legal content:
24
25
26
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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H enda Items:RESO.LCW.AGREEMENT.01-o2
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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 twenty-two (22) 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 I, 2001, 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 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 Seven
Hundred Fifty Dollars ($1,750), payable in one payment prior to August I, 2001. The fee. if
paid after AU2Ust 1. 2001. will be 51.850. 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:
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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 Forty-Five and Two
Hundred Twenty-Five Dollars ($145 - $225) per hour for attorney staff and Seventy Five Dollars
($75) 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.
IndeDendent 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, 2001. 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 Whitmore and the San Bernardino City
Attorney.
C 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 1,2001.
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
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Approved as for form and content.
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By
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, C.M.C. . CITY CLERK
'"
P.O. Box 1318. San Bernardino. CA92402
300 North "D" Street. San Bernardino. CA92418-0001
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
July 27,2001
Liebert Cassidy Whitmore
6033 West Century Boulevard
Los Angeles, CA 90045
At the Mayor and Common Council meeting of July 23, 2001, the City of San Bernardino
adopted Resolution 2001-235 - Resolution approving an agreement with Liebert Cassidy
Whitmore jar 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 agreementfor yourjiles.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by September 21, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
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Michelle Taylor
Senior Secretary
Enclosure
cc: Edward S. Raya, Director of Human Resources
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 3, 2001
TO:
Edward S. Raya, Director of Human Resources
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-235 - Agreement with Liehert Cassidy Whitmore
CC:
Finance
Attached is an 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.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '\. '2..3.0 \ Item # 19
Vote: Ayes 2-'1 Nays ..e-
Change to motion to amend original documents:
Resolution # 200 \ - "235
Abstain -er Absent I
Reso. # On Attachments: /' Contract term: -
Note on Resolution of Attachment stored separately: =-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: f) - ';) S - 0 \
Date of Mayor's Signature: (-:;2.(..,- C> \
Date of Clerk/CDC Signature: '/ -;:) 1'0-<:> ,
NulllVoid After: (PO OA-~ ~ / q - Z \- () I
I
By: -
Reso. Log Updated:
Seal Impressed:
./
./
Date MemolLetter Sent for Signature: ,\-';)..,-6 \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ~ Date Returned: \(- 3- 0 \
See Attached:
See Attached:
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 V'
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
Yes~ No By
Yes No~ By
Yes No v By
Yes No ./ By
Yes No/ By
EDA
Finance / MIS
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Others:
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: 1'YI1 Date: <(-3- Q \
Revised 01112/01