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�� STAFF REPORT
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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