15-088 Liebert Cassidy Whitmore for Bay Area Employment Relations Consortium LTEBERT CASSIDY WHITMORE
6033 West Century Boulevard, 51h Floor
Lo.s Angeles, California 90045
T: (310) 981-2000 F: (310) 337-0560
June 15,2015
Kristina Alfaro
Director of Administrative Services
City of Cupertino
10300 Tone.Avenue
Cupertino,CA 95014
Re: Bay Area Employment Relations Consortium
Dear Ms.Alfaro:
We are looking forward tv 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.
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 note 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,Cynthia
Weldon,Director of Marketing&Training at(310)981-2055 or eweldon@jcwlegal.com.
We thank you for your membership and we look forward to another successful training year.
Sincerely,
LIEBERT ASS WH ORE
BY:
J S Tiede aim
anaging Partner
Enclosures
AGREEMENT FOR 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, 2015, 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 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 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 Four Hundred
Sixty Five Dollars($3,465.00)payable in one payment prior to August 1, 2015. The fee, if paid after August
1,2015 will be$3,565.00.
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 Agency, 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, paraprofessional 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, 2015. 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 1,2015.
Dated: LIEBER C SSIDY WHITIVIORE
A Profes n Corp tion
By
Dated: 3 -1015-- CIT OF CUPERTINO
A Municipal Corporation
By