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Home My WebLink AboutC-2204C .�4o c/ AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the law firm of, LIEBERT CASSIDY WHITMORE, A Professional Corporation ( "Attorney "), and the CITY OF ARCADIA, A Municipal Corporation ( "City"). 1. Conditions This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement. 2. Attorney's Services Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and City proceedings, as requested by City or otherwise required by law. 3. Fees, Costs, Expenses City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time. The range of hourly rates for Attorney time is from One Hundred Sixty to Two Hundred Eighty Dollars ($160.00 - $280.00), and from Ninety -Five to One Hundred Twenty Dollars ($95.00 - $120.00) for time of paraprofessional staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective January 1. Attorneys and paraprofessional staff bill their time in minimum units of one -tenth of an hour. Communications advice (telephone, voice -mail, e-mail) is billed in a minimum increment of three- tenths (.30) of an hour. 1 • City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.15) per page and facsimile charges at Fifty Cents ($0.50) per page. A Public Agency Fee Schedule is attached to this Agreement. Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice. The California Business & Professions code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage. 4. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between City and Attorney over any other aspect of the attorney - client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal 2 0 0 services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney's fees and costs. 5. File Retention After our services conclude, Attorney will, upon City's request, deliver the file for the matter to City, along with any funds or property of City's in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file. 6. Assignment This Agreement is not assignable without the written consent of City. 7. Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City. K 0 S. Authority 0 The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 9. Term This Agreement is effective January 1, 2006, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. LIEBERT CASSIDY WHITMORE, A Professional Corporation --i C i "i- / loa Title lY1A I� GJ'�'►'��' (eYds>x¢ Date W 30 ,0S- rd CITY OF ARCADIA A Municipal Corporation M Wn�4 William R. Kelly Title City Manager Date E'0. �* APPROVED AS TO FORM: Stephen P. Deitsch City Attorney I. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Contract Date) Partners $250.00 - $280.00 Of Counsel $235.00 - $250.00 Associates $160.00 - $230.00 Labor Relations Professional $160.00 - $180.00 Paraprofessionals $95.00 - $120.00 II. COST SCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.50 per page 5 Liebert Cassidy Whitmore Billing Rates - 2006 Billing Rate Billing Rate Partners Associates Bruce Barsook 260 Sergio Bent 210 Richard Bolanos 260 Steve Berliner 210 Debra Bray 260 Donna Evans 210 Peter Brown 260 Jack Hughes 210 Dan Cassidy 260 Deborah Leon 210 Mary Dowell 260 Mark Meyerhoff 210 Jeffrey Freedman 260 Geoff Sheldon 210 Linda Jenson 260 Richard Kreisler 260 Adrianna Guzman 200 John Liebert 260 Arlin Kachalia 200 Cynthia O'Neill 260 Jason Lee 200 Melanie Poturica 260 Pilar Morin 200 Irma Rodriguez -Moisa 260 Laura Schulkind 260 Carla McCormack 195 Scott Tiedemann 260 Richard Whitmore 260 Jolena Abrena 190 Brian Walter 260 Jill Babington 190 Donna Williamson 260 Michael Blacher 190 Roger Crawford 190 Of Counsel Greg Groeneveld 190 Ruth Graf - Urasaki 235 Laura Kalty 190 Labor Relations Professional Jennifer Hong 185 Robert Bendorf 160 Gabrielle Korte 185 Kermit Francis 160 Mala Kapadia 170 Paraprofessionals Angela Perry 170 Susan Bryan 95 Megan Wallace 170 Tracy Glanton 95 Misty Jones 95 Connie Chuang 160 Jean Springer 95 Didier Reiss 160 Kelly Tuffo 160