HomeMy WebLinkAboutAgenda Report - February 16, 2005 E-10AGENDA ITEM E"10
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COUNCIL CONMINM1UNICATIO
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AGENDA TITLE: Adopt Resolution Affirming the Agreement with Liebert, Cassidy, Whitmore for
legal services; Authorize payment of outstanding bills incurred by the City for
services rendered by Liebert, Cassidy, Whitmore; Appropriate funds to the City
Attorney's budget for the past bills and prospectively for anticipated services
($12,979).
MEETING DATE:
PREPARED BY:
February 16,2005
Deputy City Manager
RECOMMENDED ACTION: That Council Adopt Resolution affirming the agreement with Liebert,
Cassidy, Whitmore for legal services: authorize payment of
outstanding bills incurred by the City for services rendered
by Liebert, Cassidy, Whitmore; appropriate funds to the City Attorney's budget for the past bills
and prospectively for anticipated services ($12,979).
BACKGROUND INFORMATION: The City of Lodi uses the law firm of Liebert, Cassidy, Whitmore for
a variety of legal services including labor negotiations, employee
grievances, general employee relations issues, and training
workshops and has done so since 2002.
It has come to staffs attention that the most recent Agreement was signed administratively and did not
come before Council for approval. As such, staff wishes to correct this oversight to ensure that the
Agreement is appropriately authorized for execution and to continue services with Liebert, Cassidy,
Whitmore. The term of the attached administratively signed Agreement commenced July 1, 2004 and
expires 12 months hence but can be extended for additional periods of time by the written consent of the
parties.
In addition, staff has withheld payment of bills pending Council's approval of the Agreement; however the
bills are appropriate and reflect actual services provided by Liebert, Cassidy, Whitmore. The unpaid bills
reflect consultation on pending litigation employment relations matters discussed with the City Council in
Closed Session and Dispatchers Negotiations. The outstanding bills total $7,979.
Due to the specialized nature of the services, it is expected that the City will continue to need outside
legal services for personnel -related legal matters. As such, staff is requesting that an appropriation be
made to cover expenses through the balance of the term of the Agreement in the amount of $5000, for a
total appropriation of $12,979 (past due amounts and prospective costs).
Liebert, Cassidy, Whitmore services for general personnel -related functions will continue via the Human
Resources Department.
APPROVED:
Blair King, Manager
Staff is therefore requesting three actions of Council:
1. Approve the attached administrativelysigned Agreement
2. Authorize payment of outstanding bills incurred by the City for services rendered by Liebert,
Cassidy, Whitmore since the oversight was identified
3. Appropriate funds for the past bills and prospectively for anticipated services
;FDING: Appropriate 12,979 from the General Fund fund balance to the City Attorney's Office.
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Kruegerr
nce Director
Jan S. Keeter
Deputy City Manager
JKISI
Attachment
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the CITY OF LODI, A Municipal Corporation,
hereinafter referred to as "City," and the law firm of LIEBERT CASSIDY WHITMORE, A
Professional Corporation, hereinafter referred to as "Attorney."
WHEREAS City has the need to secure expert training and consulting services to assist
City in its relations and negotiations with its employee organizations; and
WHEREAS City has determined that no less than fifteen (15) public agencies in the San
Joaquin 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 City and is willing to perform such services;
NOW, THEREFORE, City and Attorney agree as follows:
Attorney's Services:
During the year beginning July 1, 2004, Attorney will provide the following services to
City (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 j ob 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 City and the other said
local agencies.
2. Availability of Attorney for City to consult by telephone.
3. A monthly newsletter covering employment relations developments.
Fee:
Attorney will provide these special services to City for a fee of Two Thousand Four
Hundred Thirty. -Eight Dollars ($2,438.00), payable in one payment prior to August 1,2004.
- u 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 City, make itself available to City to provide
representational, litigation, and other employment relations services. The City will be billed for
the actual time such representation services are rendered, including reasonable travel time, plus
any necessary costs and expenses authorizedby the City.
The range of hourly rates for Attorney time is from One Hundred Sixty to Two Hundred
Sixty Dollars ($160.00 - $260.00) per hour for attorney staff and from Ninety -Five Dollars to
One Hundred Ten Dollars ($95.00- $110.00) per hour for services provided by paraprofessional
staff. Attorneys and paraprofessional staff bill their time in minimum units of one-tenth of an
hour. Communications advice (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 July 1, 2004. 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 1,2004.
Dated: 5 a� _ LIEBERT CASSIDY WHITMORE
A Professional Corporation
Dated:s-3o�
By
CITY OF LODI
A Municipal Corporation
By
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H. Dixon Flynn
City Manager
RESOLUTION NO. 2005-33
A RESOLUTIONOF THE LODI CITY COUNCIL AFFIRMING
THE AGREEMENTWITH LIEBERT, CASSIDY, WHITMORE
FOR LEGAL SERVICES, AUTHORIZING PAYMENT OF
OUTSTANDING INVOICES, AND APPROPRIATING FUNDS
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
affirm the agreement with Liebert, Cassidy, Whitmore for legal services relating to labor
negotiations, grievances, employee relations issues, and training workshops; and
BE IT FURTHER RESOLVED that the City Council hereby authorizes payment
of outstanding invoices incurred by the City for services rendered by Liebert, Cassidy,
Whitmore in the amount of $7, 979 and
BE IT FURTHER RESOLVED that funds in the amount of $12,979 be
appropriated to the City Attorney's budget for (1) outstanding invoices in the amount of
$7, 979and (2)for prospective anticipated services in the amount of $5,000.
Dated: February 16, 2005
hereby certify that Resolution No. 2005-33 was passed and adopted by the Lodi
City Council in a regular meeting held February 16, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce,
and Mayor Beckman
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
SUSAN J. BLACKSTON
City Clerk
2005-33