2023-24 Liebert Cassidy Whitmore - Consortium MembershipMEMORANDUM
DATE: 9/20/2023
TO: Jon McMillen, City Manager
FROM: Human Resources
RE: Liebert Cassidy Whitmore Coachella Valley Consortium Membership 2023-2024
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on
City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must aDDlv):
Bid RFP n RFQ [ 3 written informal bids
Sole Source
Select Source U Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
101-1004-60351
Agreement payment will be charged to Account No.:
Agreement term: Start Date 07/01/2023 End Date 06/30/2024
Amount of Agreement, Amendment, Change Order, etc.: $ 6,110.00
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑✓ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Date:
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
Business License No. LIC-766384Expires: 8/31/2024
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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SELECT/SOLE SOURCE JUSTIFICATION Vendor: Liebert Cassidy Whitmore
(01043)
Select/Sole Source purchases may be made in a non-competitive manner only when in the best
interest of the City and when the price is considered reasonable. Attach this form and other
supporting documents if available, to the purchase Requisition.
Complete responses must be provided for all of the following items.
A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW:
1. Why is the purchase of goods or services restricted to this vendor?
Explain why the purchase cannot be competitively bid.
Examples of Single/Sole Source procurements include, but are not limited to:
Compatibility: The commodity or service matches existing brand of equipment for
compatibility.
Replacement Part: The item is a replacement part for a specific brand of existing
equipment.
Emergency: URGENT NEED for the item or service does not permit soliciting competitive
bids.
Liebert Cassidy Whitmore (LCW) Coachella Valley Employee Relations Consortium membership is
comprised of 16 other local agency employers and serves 81 % of California municipalities. Currently, there
are no other agencies/organizations that offer a Coachella Valley wide consortium.
2. What market research was conducted to substantiate no competition, including evaluation of
other items considered?
Provide a narrative of your efforts to identify other similar goods/services, including a summary
of how the department concluded that such alternatives are either inappropriate or unavailable.
The names and addresses of suppliers contacted and the reasons for not considering them must
be included OR an explanation of why the survey or effort to identify other goods/services was
not performed.
An Employee Relations Consortium (ERC) is a number of agencies in a geographical area joining together
for the purpose of securing quality employment relations training, consultation, and informational services.
LCW's 35 consortiums are comprised of over 600 cities, counties, special districts, school districts,
community college districts, universities, private and independent schools, and other agenices.
B. PRICE ANALYSIS:
3. How was the price offered determined to be fair and reasonable?
Explain what the basis was for comparison. For example, if the item/service has been purchased
in the past, compare historical pricing.
The cost for FY2324 membership is $6,110 which is the same amount as FY2223 (no increase).
Prepared By Ap ' roved By
Date
Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one
single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or
designee with signing authority for these purchases.
S:\100 ADMINISTRATION\107 Forms &Templates - General Citywide\Finance
GEM of the DESERT
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 1ST day of July, 2023, ("Effective
Date") by and between the CITY OF LA QUINTA, a Municipal Corporation and Charter City organized
under the Constitution and laws of the State of California with its principal place of business at 78495 Calle
Tampico, La Quinta, CA ("City") and LIEBERT CASSIDY WHITMORE, a Professional Corporation with its
principal place of business at 6033 West Century Boulevard, 5th Floor, Los Angeles, CA 90045 ("Vendor").
City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the
date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B."
4. TERM. The term of this Agreement shall be from July 1, 2023, to June 30, 2024, unless earlier
terminated as set forth in the attached Terms and Conditions.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement
at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation
exceed Six Thousand One Hundred Ten Dollars ($6,110.00) per fiscal year (July 1 to June 30) without
written amendment.
6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to
this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public
enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts
of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10)
days of the commencement of such delay notify the City in writing of the causes of the delay. The City
shall ascertain the facts and the extent of delay and extend the time for performing the Services for the
period of the forced delay when and if in their judgment such delay is justified, and the City's determination
shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for
performance of services, which are determined by the City to be justified pursuant to this Section, shall not
entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
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8. INSURANCE. In accordance with Section 4 of Exhibit "A," Vendor shall, at its expense, procure and
maintain for the duration of the Agreement such insurance policies as checked below and provide proof of
such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General
Liability Insurance that name Additional Insureds as follows: The CITY OF LA QUINTA, its officers,
officials, employees and agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
® $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta
® Primary and Non -Contributory Endorsement
Automobile Liability:
® $1,000,000 combined single limit for bodily injury and property damage
Workers' Compensation:
® Statutory Limits / Employer's Liability $1,000,000 per accident or disease
® Workers' Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
® Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
LIEBERT CASSIDY WHITMORE,
a Professional Corporation
JON LEN J. SCO r� IEDEMANN
ity Manager Managin. '•artner
ATTEST:
MONIKA RADE A, City ' lerk
City of La Quinta, California
APPROVED AS TO FORM:
t
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on
a time and materials or lump sum basis, as
may be set forth in Exhibit "C", within 30 days
of completion of the Work and approval by
the City.
2. Compliance with Law. Vendor shall
comply with all applicable laws and
regulations of the federal, state and local
government. Vendor shall assist the City, as
requested, in obtaining and maintaining all
permits required of Vendor by Federal, State
and local regulatory agencies. Vendor is
responsible for all costs of clean up and/or
removal of hazardous and toxic substances
spilled as a result of his or her Work. In
explanation of the forgoing and not by way of
limitation, Vendor shall comply with any
Federal, State, and local laws, regulations,
orders, and guidelines relating to COVID-19
or any other public health response to
disease, epidemic, or pandemic for the work
provided by the Vendor. Such Federal, State,
and local laws, regulations, orders, and
guidelines include but are not limited to:
Executive Orders from the Governor of
California and orders and guidance issued
from the California Department of Public
Health (CDPH), California Occupational
Safety and Health (Cal/OSHA), Orders from
the Riverside County Public Health Officer;
and Emergency Resolutions and Executive
Orders from the City Council and City
Manager, respectively, for the City of La
Quinta.
3. Standard of Care. The Vendor shall
perform the Work in accordance with
generally accepted professional practices
and principles and in a manner consistent
with the level of care and skill ordinarily
exercised by members of the profession
practicing under similar conditions.
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4. Insurance. The Vendor shall take out and
maintain, during the performance of all work
under this Agreement: A. Commercial
General Liability Insurance in the amounts
specified in Section 8 of the Agreement for
bodily injury, personal injury and property
damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and
if no amount is selected in Section 8 of the
Agreement, the amounts shall be $1,000,000
per occurrence/$2,000,000 aggregate; B.
Automobile Liability Insurance for bodily
injury and property damage including
coverage for owned, non -owned and hired
vehicles, of at least $1,000,000 per accident
for bodily injury and property damage, at
least as broad as Insurance Services Office
Form Number CA 0001 (ed. 6/92) covering
automobile liability, Code 1 (any auto); C.
Workers' Compensation in compliance with
applicable statutory requirements and
Employer's Liability Coverage of at least
$1,000,000 per accident or disease. Vendor
shall also submit to City a waiver of
subrogation endorsement in favor of city, and
D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6
of the Agreement, with a limit not less than
$1,000,000 per claim and which shall be
endorsed to include contractual liability.
Insurance carriers shall be authorized by the
Department of Insurance, State of California,
to do business in California and maintain an
agent for process within the state. Such
insurance carrier shall have not less than an
"A"; "Class VII" according to the latest Best
Key Rating unless otherwise approved by
the City.
4.1 Pass Through Clause. Vendor agrees to
ensure that its sub -consultants, sub-
contractors, and any other party involved
with the project who is brought onto or
involved in the project by Vendor, provide the
same minimum insurance coverage and
endorsements required of Vendor. Vendor
agrees to monitor and review all such
coverage and assumes all responsibility for
ensuring that such coverage is provided in
conformity with the requirements of this
section. Vendor agrees that upon request, all
agreements with consultants,
subcontractors, and others engaged in the
project will be submitted to Agency for
review.
5. Indemnification. The Vendor shall
indemnify and hold harmless the City, its
Council, members of the Council, agents and
employees of the City, against any and all
claims, liabilities, (including liability related to
exposure to communicable diseases,
illnesses, or viruses), expenses or damages,
including responsible attorneys' fees, for
injury or death of any person, or damage to
property, or interference with use of property,
or any claim of the Vendor or subcontractor
for wages or benefits which arise in
connection with the performance of this
Agreement, except to the extent caused or
resulting from the active negligence or willful
misconduct of the City, its Council, members
of the Council, agents and employees of the
City. The foregoing indemnity includes, but
is not limited to, the cost of prosecuting or
defending such action with legal counsel
acceptable to the City and the City's
attorneys' fees incurred in such an action.
6. Laws and Venue. This Agreement shall
be interpreted in accordance with the laws of
the State of California. If any action is
brought to interpret or enforce any term of
this Agreement, the action shall be brought
in a state or federal court situated in the
County of Riverside, State of California.
7. Termination. The City may terminate the
services procured under this Agreement by
giving 10 calendar days written notice to
Vendor. In such event, the City shall be
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immediately given title and possession to
any original field notes, drawings and
specifications, written reports and other
documents produced or developed for the
services. The City shall pay Vendor the
reasonable value of services completed prior
to termination. The City shall not be liable for
any costs other than the charges or portions
thereof which are specified herein. Vendor
shall not be entitled to payment for
unperformed services and shall not be
entitled to damages or compensation for
termination of work. Vendor may terminate
its obligation to provide services under this
Agreement upon 30 calendar days' written
notice to the City only in the event of City's
failure to perform in accordance with the
terms of this Agreement through no fault of
Vendor.
8. Agreement Terms. Nothing herein shall
be construed to give any rights or benefits to
anyone other than the City and the Vendor.
The unenforceability, invalidity or illegality of
any provision(s) of this Agreement shall not
render the other provisions unenforceable,
invalid or illegal. Notice may be given or
delivered by depositing the same in any
United States Post Office, certified mail,
return receipt requested, postage prepaid,
addressed to the parties to the addresses set
forth in the Agreement. Vendor shall not
assign, sublet, or transfer this Agreement or
any rights under or interest in this Agreement
without the written consent of the City, which
may be withheld for any reason. Vendor is
retained as an independent contractor and is
not an employee of the City. No employee
or agent of Vendor shall become an
employee of the City. The individuals signing
this Agreement represent that they have the
authority to sign on behalf of the parties and
bind the parties to this Agreement. This is an
integrated Agreement representing the entire
understanding of the parties as to those
matters contained herein and supersedes
and cancels any prior oral or written
understanding or representations with except in writing signed by both parties
respect to matters covered hereunder. This hereto.
Agreement may not be modified or altered
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EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
VENDOR'S SERVICES
It is understood and agreed that during the year beginning July 1, 2023, and ending June 30,
2023, Vendor is and shall remain an independent contractor and as such will provide the following
services to the City:
1. Five (5) days of group training workshops covering such employment relation 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 converted
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 determine by City and other local
agency members.
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 Vendor material in
other trainings or formats without the expressed written permission of Vendor. Any such
use will constitute a violation of this agreement and copyright provisions.
2. Access to a recording of each workshop webinar for internal use. Considering COVID-19,
workshops will be scheduled in a hybrid model, with some workshops being scheduled in
person.
3. Access to attend other Consortium Workshops across the state with advance registration.
There is not cost to attend unless a per-person/refreshment fee is required.
4. Availability of Vendor for the City to consult by telephone. Consortium calls cover
questions that the Vendor can answer quickly with little research. They do not include the
review of documents, in depth research, written responses (like and opinion letter) or
advice on on-going legal matters. The City will be informed if the questions exceed the
scope of consortium calls. Should the City request, the Vendor can assist on items that
fall outside the service, but these matters will be billed at the Vendor's hourly rate, as
outlined in Exhibit C under Optional Additional Services.
5. Providing of a monthly newsletter covering employment relation developments.
6. It is understood and agreed that the parties' aforesaid rights and obligations are contingent
on no less than sixteen (16) local agency employers entering into a substantially identical
agreement with Vendor.
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7. Premium Liebert Library Subscription — Unlimited access to LCW workbooks in digital
format, as well as over 200 sample forms, model policies and checklists that can be
downloaded ad used as templates.
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EXHIBIT "C"
COMPENSATION FOR SERVICES
The maximum total compensation to be paid to Vendor under this Agreement is Six Thousand
One Hundred Ten Dollars ($6,110.00) per fiscal year (July 1 to June 30) payable in one payment.
Said fee will cover City's consortium membership, Premium Library subscription, Vendor's time
in providing training, consultative services, and the development and printing of written materials
provided to attendees at training programs.
2023-2024 Annual LCW Consortium Membership: $5,210.00
Premium Liebert Library Subscription: $900.00
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