14-125 Liebert Cassidy Whitmore Bay Area Employment Relations Consortium 5
1
I Li E B E RT C.A S S 1 DY W H.1 T.M.O R.E
6033 West Century Boulevard, 511, Floor
Los Angeles, California 90045
T: (310) 981-2000 F: (310) 337-0560
June 12.,2014
Jacqueline Guzman
Human Resources Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Bay Area Employment Relations Consortium
Dear Ms. Guzman:
We are looking forward to another successful year with the Bay Area 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.
The workshops chosen for the upcoming training are listed on the enclosed planning meeting notes. You
will be receiving the 2014-2015 workshop schedule from Jacqueleen Balderas.
Enclosed is an Agreement for Special Services. Pl.ease'execute and return a copy to our office. Contracts
are being sent now so that those agencies that wish to pay all, or part, of the enclosed invoice during the current
fiscal year may do so.
Some members have requested information regarding our customized training. We provide training
outside of the consortium on a variety of topics, all of which can be customized to include your policies and
procedures. The rates vary depending on the presenter. We are willing to provide this customized training for
an individual agency or a group of agencies so that the rate can be pro-rated.
If you have any questions about the consortium or our other training programs, please contact Cynthia
Weldon, Director of Marketing& Training at(310) 981-2055 or cweldonnlcwle 7al.com.
We thank you for your membership and we look forward to another successful training year.
Sincerely,,
LIEBERT A .SIDY WHITMORE
BY:
J. Scott Tiedemann
Managing Partner
Enclosures
AGREEMENT F0111 SPECIAL SERVICES
This Agreement is entered into between the City of Cupertino, 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 relations and negotiations with its employee organizations; and
WHEREAS Agency has determined that no less than twenty (20) public agencies in the Bay 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, 2014, Attorney will provide the following services to Agency (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 front 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
aQre.-Invent 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 Agency to consult by telephone.
3. Providing of a monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to Agency for a fee of Three Thousand Two Hundred
Ninety Nine Dollars ($3,299.00) payable in one payment prior to August 1, 2014. The fee, if paid after
August 1, 2014 will be $3,399.00.
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 &aency, make itself available 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 One Hundred Ninety to Three Hundred Twenty-
Five Dollars ($190.00 - $325.00) per hour for attorney staff and from Seventy-Five to One Hundred Fifty
Dollars ($75.00 - $150.00) per hour for services provided by paraprofessional and litigation support staff.
Attorneys, pai professional and litigation support staff bill their time in minimum units of one-tenth of an
hour. Attorney reviews its hourly rates in 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, 2014. 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 (20) local agency employers entering into a. substantially identical Agreement with Attorney on
or about July 1, 2014.
Dated: a� it 1/ C DIED I'T CASSIDY V6 HITMORE
A Pr fe sional Corporation
By
Dated: -7 Is (Li C1 r( OF CUPERTINO
A Munici.pcil Corporation
9 _ �.
By