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Cti192
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.
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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.
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
services rendered under this agreement were allegedly unnecessary, unauthorized,
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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
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.
8. Authority
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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
This Agreement is effective July 1, 2015 through June 30, 2016 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, CITY OF ARCADIA,
1 A Prof- sional Corporation A Municipal Corporation
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By A AAIII B
N - 0 J. la i►.,i. Name: Dominic Lazzaretto
Title: Myv14-0/..11,-, a( b'vtil.-- Title: City Manager
Date: .7 ' Li - ('3"--- Date: July 22, 2015
APPROVED AS TO FORM:
,c--i7 ,,P.
Stephen P. Deitsch
City Attorney
City of Arcadia
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942045.1 AR020-001
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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
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942045.1 AR020-001