HomeMy WebLinkAboutAgr 2010-01-01 (Liebert Cassidy Whitmore)AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the TOWN OF TIBURON, hereinafter referred to as
"Town," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter
referred to as "Attorney."
WHEREAS Town has the need to secure expert training and consulting services to assist Town in its
relations and negotiations with its employee organizations; and
WHEREAS Town has determined that no less than twenty four (24) public agencies in the
Sonoma/Marin 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 Town and is willing to perform such services;
NOW, THEREFORE, Town and Attorney agree as follows:
Attorney's Services:
During the year beginning January 1, 2010, Attorney will provide the following services to Town
(and the other aforesaid public agencies):
1. Four (4) 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 Town 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 Liebert Cassidy Whitmore.
Any such use will constitute a violation of this agreement and copyright provisions.
2. Availability of Attorney for Town to consult by telephone.
3. Providing of a monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to Town for a fee of One Thousand Seven Hundred
Thirty Seven Dollars, Fifty Eight Cents ($1,737.58), payable in one payment prior to February 16, 2010.
The fee, if paid after February 16, 2010 will be $1, 83 7.5 8.
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 Town, make itself available to Town to provide
representational, litigation, and other employment relations services. The Town 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 Town.
The range of hourly rates for Attorney time is from One Hundred Sixty to Two Hundred Ninety
Dollars ($160.00 - $290.00) per hour for attorney staff and from One Hundred to One Hundred Thirty
Dollars ($100.00 - $130.00) per hour for services provided by paraprofessional staff. Attorneys and
paraprofessional staff =bill their%time in minimum units of cane-tenth of an hour. Communications advicc
(telephone, voice-mail, e-mail) is billed in a minimum increment of three-tenths (.30) of an hour.
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 January 1, 2010. 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 twenty four (24) local agency employers entering into a substantially identical Agreement with Attorney
on or about January 1, 2010.
Dated:
Dated: • 1 . % v
LIEBE CASSIDY WHITMORE
A Profe ioJal Corporation
By
TOWN OF TIBURON
APP
S A T 0___F0R ill
77
ANN DAN FO RTH
TOWN ATTORNEY
TOWN OF TIBURON