HomeMy WebLinkAboutItem 12f - Personnel Related Legal Services and Personnel Related Training and Consortium Services
DATE: July 17, 2018
TO: Honorable Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director
By: Shama P. Curian, Human Resources Administrator
SUBJECT: AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR
SPECIALIZED LEGAL COUNSEL RELATED TO LABOR AND
EMPLOYMENT LAW IN AN AMOUNT NOT TO EXCEED $85,000
Recommendation: Approve
SUMMARY
Liebert Cassidy Whitmore (“LCW") has been providing legal services to the City of
Arcadia (“City”) in connection with employment law for a number of years. Based on the
expertise and services provided, it is recommended that the City Council approve, and
authorize and direct the City Manager to execute an Agreement for Personnel Related
Legal Services and Employment Relations Consortium Agreement with LCW in an
amount not to exceed $85,000 for Fiscal Year 2018-19.
DISCUSSION
The City has had an agreement for personnel related 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 matters of labor
relations, defending the City in grievance and disciplinary appeal hearings, and litigation
defense.
The depth of expertise and services LCW has provided to the City has been of great
assistance. Particularly, the diversity of their legal experience with public employers and
their ability to provide practical applications to a multitude of complex laws in
employment matters has proven extremely helpful. Their service to the City has been
valuable over the years and gives reason to recommend the execution of a new
services agreement for FY 2018-19. Copies of the proposed Agreements are attached.
The Agreement for Legal Services is separate and apart from the contract for training
and consortium services with LCW. The hourly rates for FY 2017-18 range between
$210 - $300/hr. for Attorneys, $195 - $230/hr. for Labor Relations/HR Consultant, and
$80 - $170/hr. for paraprofessional and litigation support staff. The hourly rates for FY
Agreement for Personnel Related Legal Services
with Liebert Cassidy Whitmore
July 17, 2018
Page 2 of 2
2018-19 will remain the same during the term of the new agreement. The one-time fee
for the Employment Relations Consortium with LCW is $2,900.00.
While the City utilizes LCW for the majority of its daily legal needs related to employee
relations matters, there are additional legal firms utilized by the City for both advisement
and litigation in this arena when needed or appropriate.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
Adequate funding has been allocated in the FY 2018-19 Budget for the Agreement with
Liebert Cassidy Whitmore. It should be noted that the City will only get charged for the
hours actually used under the legal services agreement; there is not a retainer cost
associated with the agreement.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute an Agreement with Liebert Cassidy Whitmore for Specialized Legal
Counsel related to Labor and Employment Law in an amount not to exceed $85,000.
Attachment A: Proposed Employment Relations Consortium Agreement
Attachment B: Proposed Agreement for Legal Services
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8571921.1 LC001-009
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 Two Hundred Ten to
Three Hundred Fifty Dollars ($210.00 - $350.00), One Hundred Ninety-Five Dollars to
Two Hundred Thirty Dollars ($195.00 - $230.00) for time of Labor Relations/HR
Consultant and from Eighty to One Hundred Seventy Dollars ($80.00 - $170.00) 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,
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paraprofessional and litigation support staff bill their time in minimum units of one-tenth
of an hour.
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 Twenty-Five Cents ($0.25) 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
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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,
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.
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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
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, 2018 through June 30, 2019, 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, CITY OF ARCADIA,
A Professional Corporation A Municipal Corporation
By: ________________________ By: _______________________
Name: ______________________ Name: _____________________
Title: _______________________ Title: ______________________
Date: _______________________ Date: ______________________
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8571921.1 LC001-009
I. PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Agreement Effective Date)
Partners $350.00
Senior Counsel $305.00
Associates $210.00 - $300.00
Labor Relations/HR Consultant $195.00 - $230.00
Paraprofessionals & Litigation Support $80.00 - $170.00
II. COST SCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.25 per page