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2017-18 Liebert Cassidy Whitmore - HR Employee Training & ConsultinngAGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of La Quinta, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of LIEBERT CASSIDY 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 fifteen (15) public agencies in the Coachella Valley 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 such services: NOW, THEREFORE, Agency and Attorney agree as follows' Attorney's Services: During the year beginning July 1, 2017, Attorney will provide the following services to Agency (and the other aforesaid public agencies): 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 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. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the expressed written permission of Uebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions. 2. 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 documents, 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 of a monthly newsletter covering employment relations developments. Fee - Attorney will provide these special services to Agency for a fee of Four Thousand Five Hundred Dollars ($4,500.00) payable in one payment prior to August 1, 2017. The fee, if paid after August 1, 2017 will be $4,600.00. 8184659.1 ER020-004 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 itselfavailable 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 Fifty Dollars ($200.00 - $350.00) 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 to One Hundred Sixty Dollars ($75.00 - $160.00) 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 ( l2) months commencing July 1, 2017. The tern 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 fifteen (15) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 2017. Dated: �i LIEBER ASSIDY WHITMORE A Profes io I Corporation Dated CIT�PF LA QUINTA A M u icipal Corporation Digitally signed by Chris (�/�•� ':`J Escobedo Date: 2017.06.26 16:41:20-07'00' By Chris Escobedo, Community Resources Director 8184659 1 1:R020-004 ATTEST TO DIRECTOR ESCOBEDO'S SIGNATURE: Digitally signed by Susan Maysels ON: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la-quin[a.org, c=US Date: 2017.0&26 16:44:23-07100' Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney 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 io 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 Fifty Dollars ($200.00 - $350.00) 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 to One Hundred Sixty Dollars ($75.00 - $160.00) 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 July 1, 2017. 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 fifteen (15) local agency employers entering into a substantially identical Agreement with Attorney on or about July I, 2017. Dated: Dated: LIEBER7 IASSIDY WHITMORE A Profes io l Corporation By CIT F LA QUINTA A M icipal Corporation 8184659.1 ER020-004 ® .LIEBERT CASSIDY WHITMORE June 5, 2017 Chris Escobedo Director of Community Resources City of La Quinta 78-495 Calle 'Tampico La Quinta, CA 92253 6033 West Century Boulevard, 51^ Floor Los Angeles, California 90045 T:(310) 981-2000 F:(310) 337-0560 Re: Coachella Valley Employment Relations Consortium Dear Mr. Escobedo: We are looking forward to another successful vear with the Coachella Valley 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 five 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. You'll dote that the attached invoice gives you the option of subscribing (or renewing) your Liebert Library membership. We've combined this with the consortium billing for your ease. If you do not want to subscribe to the Library, simply check the box next to ERC only and submit that amount. If you do want to subscribe/renew, just check the corresponding box and return the amount indicated (the listed rate reflects the ERC discount.) If you have any questions about the consortium or our other training programs, please contact Cvnthia Weldon. Director of Marketing & "Training at (310) 981-2055 or �wel:ton Ic �: legui.cotr�. We thank you for your membership and we look forward to another successful training year. Enclosures Sincerely, LIEBERT TAtSSIDY WHITMORE 1:' tt Tiedemann gin- Partner Los Angeles I San Francisco I Fresno ! San Diego Sacramento www.lcwlegal.com 8184659.1 ER020-004 L,IEBERT CASSIDY WHITMORE INVOICE June 5, 2017 Chris Escobe do Director of Community Resources City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 6033 West Century Boulevard, 5 Floor ' os Angeles, California 90045 T: (310) 981-2000 F: (310) 337-0560 (LA060-10000) INVOICE NUMBER: 1440766 COACIIELLA VALLEY EMPLOYMENT RELATIONS CONSORTIUM Membership: 07/01/17 through 06130118 Please make your check out for one of the following amounts: ERC Membership - $4,500.00 --F ERC Membership w/ Basic Liebert Library Subscription (optional) Basic Subscription provides access to over 200 sample forms, $4,905.00 ❑ policies and checklists that can be us.d as ternlllf—lfov — -- ERC Membership w/ Premium Liebert Library Subscription _ (optional) Premium Subscription provides unlimited access to LC $5,395.50 ❑ workbooks in digital format, as well as over 200 sample forms, policies and checklists that can be used as templates. Note: Please send us a copy of this invoice along with your payment. For more information on the many benefits of Liebert Library, please visit www.liebertlibrarl,.com, call Vladimir Power at 415.512.3011 and see the attached ad. If ERC Membership paid after August 1, 2017 amount due is $4,600.00 (Includes $100.00 late fee) Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com 8184659 1 ER020-004 Our firm is proud to present the Liebert Library — an online collection of trusted legal training and reference materials that cover a variety of public -sector labor and employment topics! For more than 30 years our attorneys have tirelessly worked to create an entire library of legal resources that covers a variety of labor and employment topics. Now you can LCW WORKBOOKS get on -demand access to our extensive collection of workbooks, sample forms, polices and checklists, including: a Workbooks - The FLSA Compliance Guide - Principles for Public Safety Employment - Annual Audit of Your Personnel Rules - Labor & Employment Relations Issues During Lean Times - Understanding Public Employee Retirement Issues Sample Forms and Polices - Checklist for POBR/FBOR Investigation - Reasonable Accommodation Policy - Sample Anti -Bullying Policy - Sample Discipline Policy - Social Media Policy We offer 2 levels of subscription for Liebert Library at economical prices that will allow you to lower future legal costs for your agency: 13. Basic Membership - Access to all of our sample forms and policies that we e ;� use as appendices in our workbooks. You will have on -demand access to these documents and can download them in Word and PDF formats.'Y ._ 14. Premium Membership - Access to all of the benefits of our Basic Membership (see above;, as well as the ability to read and reference Our workbooks at any time! You will also receive a $15 discount on the purchase of any workbook. For more information visit: www.LiebertLibrary.com Questions? Contact Vladimir Power at vpower@lcwlegal.com or 415.512.3011 8184659.1 ER020-004 LIEBERT CASSIDY WHITMORE Coachella Valley ERC 201712018 Planning Meeting Notes May 18, 2017 I. Comments • Overall the Consortium is going really well • Group would like it if more people were able to attend the workshops o Attendance still low at times even with the certificate program o Middle managers are hard to get in attendance • Caitlin is doing a good job • Some members use iPads or laptops during the sessions and wondered if they could get the slides in advance? Maybe in an App they can download from? • Some members who participate in the Train the Trainer program asked if the material could be provided on a flashdrive instead of CD • The group also discussed an Extranet for materials • We will ensure all signed up receive our newsletters • The LCW Public Sector Employment Relations Certificate Program will continue for the upcoming training year. LCW will provide more advertising about the program. As a reminder, the key elements are: o Participants will earn a Public Sector Employment Relations Certificate upon completion of 8 out of 10 designated courses. o Courses in the Certificate Program include: ■ Maximizing Supervisory Skills for the First Line Supervisor ■ Performance Management: Evaluation, Documentation and Discipline ■ A Guide to Implementing Public Employee Discipline ■ 12 Steps to Avoiding Liability ■ Introduction to the FLSA ■ Leaves, Leaves and More Leaves ■ Privacy Issues in the Workplace ■ A Supervisor's Guide to Labor Relations ■ Administering Overlapping Laws Covering Discrimination, Leaves and Retirement Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwle ag l.com LIEBERT CASSIDY WHITMORE Coachella Valley ERC 201712018 Planning Meeting Notes May 18, 2017 Public Service: Understanding the Roles and Responsibilities of Public Employees o Participants have a three year period in which to complete the designated workshops. o At the end of each designated workshop the attendee will receive an acknowledgement form for that course. The form will be available at the workshop site. o Agencies that track per workshop attendance may also keep record of designated workshop attendance. o Upon receipt of 8 acknowledgement forms, the participant will submit them to the Human Resources Department, who will notify LCW. Agencies that track attendance may also notify LCW without the participant needing to submit the forms to HR. o Upon notification from the department, LCW will issue the formal certificate along with a letter to the agency's City Manager, General Manager etc. about the employee's Certification. o Employees who attend other consortium's trainings may use those workshops to meet the requirements. By registering with LCW first, LCW will make sure an acknowledgement form is available for the course. II. Services Explained • Consortium calls can be placed to any of the LCW offices: Los Angeles, San Francisco, Fresno, Sacramento or San Diego. Members may ask for a specific attorney or any available attorney. Questions may also be submitted by email directly to the attorney or to info@lcwlegal.com. LCW has multiple monthly newsletters: Client Update, The Briefing Room (geared towards law enforcement) and Fire Watch (geared towards Fire Safety Personnel). Consortium members may request to receive any or all of these publications. The newsletters are sent either via surface mail or via email. The email comes from Newsletter@lcwlegal.com so please ensure that this email address is accepted by your system. • LCW provides a guide as to who should attend the workshops and requests that agencies use their best discretion when registering employees for the session as the composition of the audience can impact the message and tone of the workshop. • Consortium Workshops across the State: ERC members are able to attend other Consortiums' workshops. If you are interested in attending, you must contact Caitlin Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lewle ag l.com LIEBERT CASSIDY WHITMORE Coachella Valley ERC 201712018 Planning Meeting Notes May 18, 2017 Martin two weeks prior to the scheduled workshop. Once all the registration sheets are received from the members of that Consortium, members from other Consortiums may attend, space permitting. There is no cost to attend another Consortium's workshop, unless they require a per person/refreshment fee. Webinars - LCW has designated select webinars for consortium members only. Additionally, LCW provides webinars that are open to all public agencies, but provides them at a discounted rate for consortium members. A list of upcoming (and archived webinars) can be found at: https://www.lcwlegal.com/events-and-training/webinars- seminars • WWW.LCWLEGAL.COM: LCW's website is fully searchable for specific articles and content appearing in our monthly newsletters and our annual Legislative Round -Up. • Social Media - ERC Members can now follow us on Twitter and our Labor and Employment blog. Twitter followers receive instant tweets to our alerts of firm publications, blog posts, attorney authored articles and upcoming speaking engagements, events and seminars. http://twitter.com/lcwlec-al. Blog subscribers receive weekly updates on fresh and new labor and employment issues from htti)://www.cali)ublicagencylaboremploymentblog.com. • Individual/customized training: o Includes the incorporation of your policies and procedures, as well as an original set of materials for your reproduction. o Any of the workshops listed on the Master Workshop Topics list can be presented outside of the consortium to one specific agency or a group of agencies to share the cost. Our rate for a three-hour, half day session ranges from $1,750 - $2,200 while a six -hour, full day session ranges from $2,750 - $3,300. If you schedule two half day sessions on the same day, we will honor the full day rate. o LCW can send an e-mail to other agencies if a request for an individual workshop has been made and the agency requesting the workshop wishes to combine with other agencies. For more information, contact Anna Sanzone-Ortiz at (310) 981-2051. III. Workshops for 2017/2018 • Maximizing Supervisory Skills for the First Line Supervisor* (Full Day) • The Art of Writing the Performance Evaluation (Half Day) • Risk Management Skills for the Front Line Supervisor (Half Day) Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lewle ag l.com ® LIEBERT CASSIDY WHITMORE Coachella Valley ERC 201712018 Planning Meeting Notes May 18, 2017 • Preventing Workplace Harassment, Discrimination and Retaliation (Half Day) • Introduction to the FLSA* (Half Day) • Leaves, Leaves and More Leaves* (Half Day) • Public Sector Employment Law Update (Half Day) • The Disability Interactive Process (Half Day) • Inclusive Leadership (Half Day) *Applicable for credit in the Public Sector Employment Relations Certificate Program Please note that LCW will be updating workshop titles. The title of the workshop may change but the content discussed at the planning meeting will remain as discussed. • Workshop hosts: o Cathedral City, Coachella, La Quinta, Coachella Valley Mosquito and Vector Control and Indio have volunteered to host. o Hosting requires the agency representative(s) to arrive early, distribute material, staff the registration desk, box up any extra material to give to the presenter, and collect evaluation forms and sign -in sheets. o Non -host agencies may volunteer to assist with registration or refreshments by contacting the host agency directly. • Workshop scheduling: o The group would like to hold workshops on Wednesdays and Thursdays. We will do our best to split the schedule evenly between the two days. IV. Rate • Membership fee is $4,500 • A $100 late fee applies after August 1, 2017. Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwleizal.com VwP MEMORANDUM TO: Chris Escobedo, Community Resources Director FROM: Lisa Chaudhry, Administrative Technician DATE: June 19, 2017 RE: Agreement with Liebert Cassidy Whitmore for services related to employment and labor laws. Attached for your signature is the agreement with Liebert Cassidy Whitmore for services related to employment and labor laws for 2017/18. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: _X_ Contract payments will be charged to account number: 101-1004-60351 _X_ Amount of Agreement, Amendment, Change Order, etc.: $4,500.00 N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or _ reportable interests N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: N/A Approved by the City Council on _X_ Director's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $15,000 or less N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: _X_ Insurance certificates as required by the agreement (approved by Risk Manager on 6/22 PNieto date) N/A Performance bonds as required by the agreement (originals) N/A City of La Quinta Business License number N/A A requisition for a Purchase Order has been prepared (amounts over $5,000) N/A A copy of this Cover Memo has been emailed to Finance (Sandra)