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HomeMy WebLinkAboutItem 3f - Agreement for Personnel Legal ServicesV' y moawo�nv�u .9 uR�sl 5, 1103 �� STAFF REPORT ��UVity of YL °�' Administrative Services Department DATE: July 21, 2015 TO: Honorable 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 $90,000 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 $90,000 for Fiscal Year 2015 -16. 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, have proven extremely helpful, and give reason to continue the existing Agreement. A copy of the proposed Agreement is attached to this staff report. The current hourly rates, range between $190 - $325/hr and $75 - $150 /hr for paraprofessional and litigation support. The hourly rates for FY 2015 -16 will remain the same during the term of the new agreement. Agreement for Personnel Related Legal Services with Liebert Cassidy Whitmore July 21, 2015 Page 2 of 2 FISCAL IMPACT Adequate funding has been allocated in the FY 2015 -16 Budget for the Agreement with Liebert Cassidy Whitmore. Costs are generally billed on an as- needed basis depending on issues that may arise throughout the year. A budget of $90,000 has been established for these services. 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 $90,000. Approved_ Dominic Lazzare�td City Manager Attachments: Proposed Agreement 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 services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or providing the sevices, including reasonable travel time. 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. 942045.1 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. 4. Arbitration of Professional Liabilitv or Other Claims Disputes. If a dispute betwe City and Attorney arises over fees charged for services, the controversy will e submi ed to binding arbitration in accordance with the rules of the California St 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 A nXjoitration award may be served by mail upon either side and personal s rvice 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 services rendered under this agreement were allegedly unnecessary, unauthorized, 942045.1 AR020 -001 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 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 6. Assignment r ment is not assignable without the written consent of City. 7,R 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. 8. Authority 942045.1 AR020 -001 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 L-02 Name: Title: Title: Date: Date: 4 942045.1 AR020 -001 APPROVED AS TO FORM: Stephen P. Deitsch City Attorney City of Arcadia ATTEST: City Clerk I. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) 5 942045.1 AR020 -001 $0.15 per copy $0.50 per page