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HomeMy WebLinkAboutItem 2g - Agreement with Liebert Cassidy Whitmore7~ i `i'OF OR1Vj9 yd f fn corpo� �cJ .9 uRur� 5, lYlli STAFF REPORT Administrative Services Department DATE: August 5, 2014 TO: Mayor and City Council FROM: Hue C. Quach, Administrative Services Director Prepared by: Jeannette Flores, Human Resources Administrator SUBJECT: AGREEMENT FOR PERSONNEL RELATED LEGAL SERVICES WITH LIEBERT CASSIDY WHITMORE IN AN AMOUNT NOT TO EXCEED $70,000 Recommendation: Approve SUMMARY It is recommended that the City Council direct and authorize the City Manager to execute an agreement for personnel related legal services with Liebert Cassidy Whitmore in an amount not to exceed $70,000 for Fiscal Year 2014 -15. DISCUSSION The City has had an agreement for personnel legal services with the law firm of Liebert Cassidy Whitmore for many years. Liebert Cassidy Whitmore provides a variety of employer - employee relations legal services including advice on labor relations issues, defending the City in grievance and disciplinary appeal hearings, and litigation defense. The expertise and services they have provided have been of great assistance to the Human Resources Division. Specifically, the depth and diversity of their experience, coupled with their ability to provide practical applications to the myriad of laws in this area, has proven extremely helpful, and give reason to continue the existing Agreement. A copy of the proposed Agreement is attached. The range of hourly rates for Fiscal Year 2014 -15 is attached in Exhibit "A ". Attorney time is between $190 - $325/hr and $75 - $150 /hr for paraprofessional and litigation support, which reflects a slight increase. In the prior fiscal year, rates were between $180 - $300 /hr and $70 - $140 /hr, respectively. FISCAL IMPACT Adequate funding has been allocated in the Fiscal Year 2014 -15 Budget for the Agreement with Liebert Cassidy Whitmore. Agreement for Personnel Related Legal Services with Liebert Cassidy Whitmore August 5, 2014 Page 2 of 2 RECOMMENDATION It is recommended that the City Council authorize and direct the City Manager to execute an Agreement for Personnel Related Legal Services with Liebert Cassidy Whitmore in an amount not to exceed $70,000 for Fiscal Year 2014 -15. Approved. Dominic Lazza City Manager Attachments: Exhibit "A" — Hourly Rates Proposed Agreement EXHIBIT A I. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners $325.00 Of Counsel $285.00 Associates $190.00 - $265.00 Paraprofessionals & Litigation Support $75.00 - $150.00 II. COST SCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.50 per page 823112.1 AR020 -001 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 court 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 current range of hourly rates for Attorney time is from One Hundred Ninety to Three Hundred Twenty -Five Dollars ($190.00 - $325.00), and from Seventy -Five to One Hundred Fifty Dollars ($75.00 - $150.00) for time of paraprofessional and litigation support staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the City with written notification of any adjustment in the range of rates. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one -tenth of an hour. 823112.1 AR020 -001 City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) 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. eon�X' 4. Arbitration of Professional Liabilitv 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 \f 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 823112.1 AR020 -001 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 t.. 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. 823112.1 AR020 -001 8. Authority 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 July 1, 2014 through June 30, 2015, and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. -. e LIEBERT CASSIDY WHITMORE, CITY OF ARCADIA, A Professional Corporation A Municipal Corporation OX By: By: Name: Name: Title: Title: Date: Date: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney City of Arcadia ATTEST: City Clerk 4 823112.1 AR020 -001 I. II. EXHIBIT A PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners Of Counsel Associates Paraprofessionals & Litigation Support COST SCHEDULE 1. Photocopies <1` 2. Facsimile Transmittal 5 823112.1 AR020 -001 $325.00 $28 $190.00 - $265.00 $75.00 - $150.00 $0.15 per copy $0.50 per page