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HomeMy WebLinkAboutItem 11h - Professional Legal Services STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: June 2, 2026 TO: Honorable Mayor and City Council FROM: Anely Williams, Human Resources Director By: Sairy Stepanian, Human Resources Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE IN AN AMOUNT NOT TO EXCEED $75,000 IN FISCAL YEAR 2026-27 TO FINALIZE CURRENTLY IN-PROCESS LEGAL SERVICES; AND PROFESSIONAL SERVICES AGREEMENT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO FOR PROFESSIONAL LEGAL SERVICES IN THE FULL SCOPE OF SPECIALIZED LABOR AND EMPLOYMENT MATTERS, IN AN AMOUNT NOT TO EXCEED $285,000, OVER A TWO-YEAR PERIOD CEQA: Not a Project Recommendation: Approve SUMMARY The City of Arcadia utilizes specialized legal services to support operations, including labor relations, employment matters, personnel administration, and compliance with various federal and state employment laws applicable to California public agencies. To ensure the City continues to receive responsive, high-quality, and cost- effective legal representation and advisory services, the City initiated a Request for Proposals (“RFP”) from qualified firms specializing in public sector labor and employment law in the State of California. It is recommended that the City Council approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo (“AALRR”) in an amount not to exceed $285,000 for the duration of the two-year term. Specifically, it is expected that the total cost for services will not exceed $140,000 in Fiscal Year 2026-27, and $145,000 in Fiscal Year 2027-28. The amount for Fiscal Year 2026-27 has already been included in the operating budget, and future contract years will be adequately funded through the annual budget Professional Services Agreements for Professional Legal Services June 2, 2026 Page 2 of 6 process. A copy of the proposed Professional Services Agreement is included as Attachment No. 1. Additionally, it is recommended that the City Council approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Liberty Cassidy Whitmore (“LCW”), in an amount not to exceed $75,000 during Fiscal Year 2026-27, to finalize all pending matters during the transition period. This amount has already been included in the Human Resources Department’s operating budget. BACKGROUND California public agencies operate within a highly regulated environment that requires ongoing legal guidance and representation related to labor relations, employment practices, personnel administration, and compliance with complex federal and state laws. The City routinely encounters matters requiring specialized labor and employment legal expertise, including disciplines, grievance procedures, labor negotiations, workplace investigations, disability accommodation matters, litigation defense, leave management, and compliance with statutory employment obligations. For many years, the City has had an agreement for such legal services with Liebert Cassidy Whitmore (“LCW”). The City’s existing labor and employment legal services agreement with LCW will conclude on June 30, 2026. To ensure the City continues to receive comprehensive and effective legal support, the City issued an RFP for professional legal services for labor and employment matters. The purpose of the RFP was to identify one or more qualified law firm(s) with extensive public sector experience. A firm that is capable of providing strategic legal guidance, responsive client service, practical risk management solutions, and cost- effective representation across a broad spectrum of labor and employment matters. DISCUSSION Services in relation to labor and employment legal counsel are essential to support the City’s operational needs, minimize liability exposure, maintain lawful employment practices, and provide effective representation in personnel-related matters. Professional Services Agreements for Professional Legal Services June 2, 2026 Page 3 of 6 The RFP sought legal firms with demonstrated expertise in representing California public agencies in a wide range of areas, including, but not limited to, employment law compliance and advisory services, benefits and retirement, labor relations and collective bargaining, litigation and administrative proceedings, constitutional and civil rights issues, and general legal counsel support. A total of eleven (11) qualified proposals were received, with the complete list of proposers shown below: Professional Law Firm Maximum Cost Per Hour Jones Mayer Law $300 Law Offices of Angel Ho $350 Aleshire & Wynder $395 Richards, Watson & Gershon (“RWG”) $419 Colantuono, Highsmith & Whatley $425 Lewis Brisbois $450 Liebert Cassidy Whitmore (“LCW”) $500 Atkinson, Andelson, Loya, Ruud & Romo (“AALRR”) $550 Renne Public Law Group $575 Kronick Moskovitz Tiedemann & Girard $600 Alvarez-Glasman & Colvin Retainer of $25,500 per month All proposals were evaluated based on criteria established in the RFP by the review committee. Following a comprehensive review process of the submitted proposals, five (5) proposals were selected to move forward to the interview process: Aleshire & Wynder; Atkinson, Andelson, Loya, Ruud & Romo; Colantuono, Highsmith & Whatley; Liebert Cassidy Whitmore; and Richards, Watson & Gershon. The rates shown in the table above are based on maximum hourly billing rates for attorneys at the partner level. However, four of the five proposals that were selected to move forward presented a compensation structure that is based on hourly billing rates, ranging from paralegals to associates to partners, as shown below. Accordingly, actual costs incurred by the City will vary depending on the scope, complexity, and duration of services requested. Professional Services Agreements for Professional Legal Services June 2, 2026 Page 4 of 6 Professional Law Firm Paralegals Associates Partners Aleshire & Wynder $200 $315 $395 Colantuono, Highsmith & Whatley N/A $395 - $415 $425 Liebert Cassidy Whitmore $190 $390 $500 Atkinson, Andelson, Loya, Ruud & Romo $205 $325 $550 Richards, Watson & Gershon $419 (Attorney Rate) Following interviews with these firms, Atkinson, Andelson, Loya, Ruud & Romo (“AALRR”), were identified as the most qualified firm based on the strength and completeness of its proposal, breadth of legal services, demonstrated public sector experience, qualifications of assigned attorneys, references, approach and ability to provide practical legal advice, responsiveness, and overall pricing structure. A full- service law firm founded in 1979, AALRR and its team of 300 attorneys have extensive experience providing legal services and strategic advice to public sector clients throughout California. AALRR has indicated that they exercise cost-conscious billing practices by assigning matters to personnel whose level of experience and expertise is appropriate for the nature of the work being performed. Routine or administrative matters are generally delegated to paralegals or associates with lower billing rates, ranging from $205 - $325 per hour, while more complex legal matters requiring specialized expertise are handled by attorneys at the partner level, ranging from $385 - $550 per hour. AALRR has also stated that, to promote efficiency in both time and cost, they communicate expected billing parameters to associates to ensure assignments are completed without unnecessary expenditure of time. Further, AALRR does not delegate assignments to associates if it is more cost effective and efficient for a partner to provide a response quickly, rather than an associate taking time to research the inquiry. This staffing approach is intended to promote efficiency, maintain high-quality legal services, and ensure the prudent use of public funds. Although AALRR’s partner-level rate can reach a maximum of $550 per hour, actual billing will not be based on this rate alone and will be carefully monitored to ensure highest quality of work produced while maintaining fiscal responsibility. As a result of this comprehensive RFP review process, AALRR will become the City’s new law firm for labor and employment matters, effective July 1, 2026. However, a Professional Services Agreements for Professional Legal Services June 2, 2026 Page 5 of 6 limited one-year extension of the City’s existing Professional Services Agreement with LCW is necessary through June 30, 2027, to allow for the completion and transition of ongoing matters initiated under the existing LCW agreement. While the City is entering into a new Professional Services Agreement with AALRR for legal, labor, and employment services, several active projects and assignments remain pending with LCW. Extending the existing agreement with LCW for a defined transitional period will ensure continuity of services to facilitate the completion of outstanding items. There will be no new legal matters assigned to LCW if it is expected that such matters will extend beyond June 30, 2026. Instead, such legal matters and services will transition to AALRR pursuant to the proposed agreement, effective July 1, 2026. The proposed Professional Services Agreement (“PSA”) with AALRR would establish an initial two-year term, with compensation in an amount not to exceed $285,000, with the option to extend the agreement for an additional one-year term upon mutual written agreement of the parties. Additionally, the proposed PSA with LCW extends the existing term for one additional year, with compensation not to exceed $75,000 for Fiscal Year 2026-27. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT The Professional Services Agreement between AALRR and the City is based on a two- year term in an amount not to exceed $285,000, from July 1, 2026, through June 30, 2028, as shown below. • Fiscal Year 2026-27: $140,000 • Fiscal Year 2027-28: $145,000 Additionally, the extension of the existing contract with LCW is based on a one-year term, in an amount not to exceed $75,000 from July 1, 2026, through June 30, 2027. Professional Services Agreements for Professional Legal Services June 2, 2026 Page 6 of 6 Sufficient funds have been allocated in the Human Resources Department’s FY 2026- 27 Operating Budget for a total anticipated cost of $245,000. Future contract year(s) will be accounted for through the annual budget process. RECOMMENDATION It is recommended that the City Council determine that these actions do not constitute a project under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for labor and employment legal services, in an amount not to exceed $285,000, over a two-year period; and approve, authorize, and direct the City Manager to execute a one-year extension to the Professional Services Agreement with Liebert Cassidy Whitmore (“LCW”), in an amount not to exceed $75,000 during Fiscal Year 2026-27. Attachment No. 1: Proposed Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo (“AALRR”) Attachment No. 2: Proposed Professional Services Agreement with Liebert Cassidy Whitmore (“LCW”) 1 Updated Feb. 2020 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING PROFESSIONAL LEGAL SERVICES This Agreement is made and entered into as of 20by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and , a with its principal place of business at (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A.City is a public agency of the State of California and is in need of professional services for the following project: Professional Legal Services Program (hereinafter referred to as “the Project”). B.Consultant is duly licensed and has the necessary qualifications to provide such services. C.The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1.Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2.Compensation. a.Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b.In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ . Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.Additional Work. DR A F T Attachment No. 1 2 Updated Feb. 2020 If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment unde r the contract for inspection by City. 5. Term The term of this Agreement shall be from July 1, 2026 to June 30, 2028 and may be extended for one (1) additional year upon mutual written agreement of the Parties , unless otherwise terminated as specified herein. The City maintains the right to terminate this Agreement at any time during the life of the Agreement upon sixty (60) days written notice. The Parties may, by mutual, written consent, extend the term of this Agreement further, if necessary, to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. DR A F T 3 Updated Feb. 2020 a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under sim ilar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability DR A F T 4 Updated Feb. 2020 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability DR A F T 5 Updated Feb. 2020 (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable DR A F T 6 Updated Feb. 2020 to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificat e of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required DR A F T 7 Updated Feb. 2020 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives it s own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: DR A F T 8 Updated Feb. 2020 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. All subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, DR A F T 9 Updated Feb. 2020 costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all DR A F T 10 Updated Feb. 2020 subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually DR A F T 11 Updated Feb. 2020 agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Anely Williams, Human Resources CONSULTANT: and shall be effective upon receipt thereof. 21. Third Party Rights DR A F T 12 Updated Feb. 2020 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no repre sentations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City’s Right to Employ Other Consultants DR A F T 13 Updated Feb. 2020 City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] DR A F T 14 Updated Feb. 2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA By: By: Dominic Lazzaretto Signature City Manager Date: Its: ATTEST: Printed Name By: Date: City Clerk APPROVED AS TO FORM By: Signature By: Its: Michael J. Maurer City Attorney Printed Name DR A F T 15 Updated Feb. 2020 EXHIBIT A Scope of Services DR A F T 16 Updated Feb. 2020 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. DR A F T www.aalrr.com Your challenges are unique. Our solutions are too. Submitted to: City of Arcadia Arcadia, California March 16, 2026 Proposal to Provide Professional Legal Services 3880 Lemon Street Suite 350 Riverside, CA 92501 Tel: (951) 683-1122 A TKINSON, A NDELSON, L OYA, R UUD & R OMO C E R R I T O S (562) 653-3200 F R E S N O (559) 225 -6700 I R V I N E (949) 453 -4260 M A R I N (628) 234 -6200 P A S A D E N A (628) 583 -8600 A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW 3880 L EMON S TREET, S UITE 350 R IVERSIDE , C ALIFORNIA 92501 -3667 (951) 683 -1122 FAX (951 ) 683-1144 WWW.AALRR.COM P L E A S A N T O N (925) 227 -9200 S A C R A M E N T O (916) 923 -1200 S A N D I E G O (858) 485 -9526 W E S T L A K E V I L L A G E (805) 446 -4141 Page 1 EXECUTIVE SUMMARY March 16, 2026 City of Arcadia Attn: City Clerk 240 West Huntington Drive Arcadia, CA 91007 Submitted via FedEx Re: Executive Summary – Request for Proposal (RFP) for Professional Legal Services AALRR is a full-service law firm with more than 300 attorneys based in ten offices throughout California. The Firm has had the distinct and long-standing privilege of providing quality legal services and strategic advice to our public sector clients. We have over 45 years of experience handling labor and employment matters including but not limited to advice and counsel, discrimination, harassment, and retaliation claims, leaves of absence, investigations, disciplinary actions, grievances, labor relations and collective bargaining, unfair labor practice defense, benefits and retirement, litigation, civil rights, wage and hour, training, and other advice and counsel matters. Additional qualifications include the following: Proven track record – AALRR has been providing quality legal services and strategic advice to hundreds of cities, counties, and special districts throughout California for more than four decades. We understand your business and your challenges, and our experienced attorneys deliver prompt, practical advice to meet those challenges. Specialization – Our attorneys specialize in various areas of the law, and we design our teams specifically to bring the required expertise to any matter, including labor and employment, collective bargaining, investigations, discipline, and compliance. Preventive and budget-minded approach – We stay ahead of problems by anticipating them and work to resolve issues as quickly as possible, which helps keep legal costs down. We are very mindful of the budgetary constraints on public agencies, and we deliver outstanding service in the most cost-effective way possible. Page 3 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................. 1 TABLE OF CONTENTS .................................................................................................. 3 STATEMENT OF UNDERSTANDING ............................................................................ 4 FIRM PROFILE AND KEY PERSONNEL ....................................................................... 6 EXPERIENCE ................................................................................................................. 9 REFERENCES .............................................................................................................. 14 APPROACH AND WORK PLAN ................................................................................... 15 SCOPE OF WORK........................................................................................................ 16 CONTRACT PERFORMANCE, LITIGATION, AND CONFLICT DISCOURSE ............. 18 SCHEDULE OF CHARGES/COSTS ............................................................................. 19 APPENDIX 1: ATTORNEY BIOGRAPHIES .................................................................. 21 APPENDIX 2: BUSINESS LICENSE ............................................................................. 45 APPENDIX 3: SAMPLE AGREEMENT REVISIONS..................................................... 47 A TKINSON, A NDELSON, L OYA, R UUD & R OMO C E R R I T O S (562) 653-3200 F R E S N O (559) 225 -6700 I R V I N E (949) 453 -4260 M A R I N (628) 234 -6200 P A S A D E N A (628) 583 -8600 A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW 3880 L EMON S TREET, S UITE 350 R IVERSIDE , C ALIFORNIA 92501 -3667 (951) 683 -1122 FAX (951) 683-1144 WWW.AALRR.COM P L E A S A N T O N (925) 227 -9200 S A C R A M E N T O (916) 923 -1200 S A N D I E G O (858) 485 -9526 W E S T L A K E V I L L A G E (805) 446 -4141 Page 4 STATEMENT OF UNDERSTANDING March 16, 2026 City of Arcadia Attn: City Clerk 240 West Huntington Drive Arcadia, CA 91007 Submitted via FedEx Re: Statement of Understanding – Request for Proposal (RFP) for Professional Legal Services Atkinson, Andelson, Loya, Ruud & Romo (“AALRR” or “the Firm”) is pleased to respond to the Request for Proposal (“RFP”) for Professional Legal Services for the City of Arcadia (“City”). We are confident that the Firm has the necessary experience and resources to provide the services as requested by the City as we have over 45 years of experience handling labor and employment matters for our clients. AALRR understands that the City seeks a law firm, or multiple law firms, to support them in the handling of labor and employment matters including but not limited to advice and counsel, discrimination, harassment, and retaliation claims, leaves of absence, investigations, disciplinary actions, grievances, labor relations and collective bargaining, unfair labor practice defense, benefits and retirement, litigation, civil rights, wage and hour, training, and other advice and counsel matters pertinent for the City. I, John Bakhit, will serve as the City’s primary contact. I am authorized to contractually bind the organization and to negotiate a contract on behalf of the Firm. Our proposal is a firm and irrevocable offer. I can be reached at (951) 990-2877 or john.bakhit@aalrr.com. Please do not hesitate to contact me should you have any questions or need clarification regarding our proposal or the Firm’s qualifications. On behalf of our proposed team of attorneys and everyone at AALRR, we look forward to the opportunity to provide exceptional professional legal services for the City of Arcadia. Page 6 FIRM PROFILE AND KEY PERSONNEL Background of the Firm Founded in 1979, AALRR is a California corporation and full-service law firm that has grown steadily over the years in response to client demand. AALRR has both the experience and resources to successfully serve the City in all capacities identified in their RFP. The Firm employs more than 300 attorneys across ten offices and seven practice groups that specialize in specific areas of law, including Public Entity Labor and Employment. Our employment attorneys are unrivaled, and we are experts in the field with our clients benefiting from the depth and breadth of our experience. The Firm has more than 45 years of experience representing public entity clients in all aspects of labor and employment matters. We represent cities, counties, housing authorities, transit agencies, California administrative agencies, law enforcement and fire agencies, and special districts. We serve as trusted advisors to our clients who seek our expertise for their toughest cases, requesting advice on novel and gray-area legal issues; asking us to negotiate labor contracts where the parties have strained relationships; engaging us for complex investigations; and retaining us to defend their interests in employment litigation. We have developed long-term relationships with clients due to our understanding of the issues faced by public entities and focus on achieving effective results. Our attorneys have been recognized throughout the State as being the top within their fields of practice. At AALRR, we put the client’s needs first. We understand the budgetary constraints faced by public agencies and, accordingly, we work to ensure that our client’s resources are utilized in the most effective manner possible. We take pride in our demonstrated commitment to respond quickly to client inquiries and thus have a firm-wide policy that all communications received from our clients must be responded to within 24 hours. Our attorneys are available at any time to field questions from clients whenever th e need arises, including the evenings and on weekends. Our priority is to ensure that we are always accessible to you in order to provide timely and effective services as needed. Primary Contact Partner John Bakhit will continue to serve as the City’s primary contact. Mr. Bakhit is authorized to contractually bind the organization and to negotiate a contract on behalf of the Firm. He is based out of our Riverside office (3880 Lemon Street, Suite 350, Riverside, CA 92501), which will also be the primary office from which services are provided. Mr. Bakhit can be reached at 951-990-2877 or john.bakhit@aalrr.com. Page 7 Key Personnel Please see below for brief overviews of the attorneys proposed for the City. For more information regarding these personnel (i.e., resumes), please see Appendix 1: Attorney Biographies. Partner and Proposed Lead John Bakhit John H. Bakhit provides advice and counsel to public entities and represents them in collective bargaining, disciplinary matters, auditing/updating policies and procedures, conducting internal investigations, training, and other labor and employment matters. Mr. Bakhit has devoted his legal career to labor and employment law where he has represented public sector bargaining units and their members in matters arising out of the Public Safety Officers Procedural Bill of Rights (“POBR”), the Firefighters Procedural Bill of Rights (“FBOR”), the California Labor Code, the Meyers-Milias-Brown Act (“MMBA”), and the Higher Education Employer/Employee Relations Act (“HEERA”). Mr. Bakhit also served as general counsel and chief negotiator for public sector bargaining units, where he regularly represented clients in contract negotiations with city, county, and state entities, meet & confers, and unfair labor practice charges in front of the Public Employment Relations Board (“PERB”). Years Admitted to the California State Bar: 20 years Partner Kevin Dale Kevin Dale represents cities, counties, housing authorities, water agencies, and other types of special districts. He has successfully defended employers in a variety of matters including discrimination/harassment claims, grievances, wage and hour disputes, and unfair labor practices. Mr. Dale also assists employers in complying with due process procedures related to employee discipline and dismissal matters. As an experienced labor negotiator, Mr. Dale represents employers at the bargaining table and has p repared numerous agreements with various types of bargaining units. He serves as a chief labor negotiator for several employers, and also serves in a supporting role to employer bargaining teams. Years Admitted to the California State Bar: 25 years Partner Sarah Martoccia Sarah Martoccia has over two decades of experience working in public employment law. She has worked on matters involving the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), and other employment law issues. She has researched and drafted Petitions for Writs of Mandate and Appellate Briefs and argued motions before the Superior Court and the California Court of Appeal. Ms. Martoccia began her legal Page 8 career representing law enforcement unions and their employees. In that capacity, she represented hundreds of peace officers during the internal affairs investigation process. She has significant experience with the POBR and has successfully argued violations of the Act both before hearing bodies and in court. Ms. Martoccia has represented officers during the Skelly process and at post-disciplinary appeal hearings. Having spent several years on the other side of the investigatory process, Ms. Martoccia now brings her unique experience to the management side. She is able to identify potential arguments that may be made by a public safety employee, as well as guide the agency through the entire disciplinary process while avoiding POBR violations and other legal pitfalls. Years Admitted to the California State Bar: 29 years Partner Irma Rodriguez Moisa Irma Rodriguez Moisa brings over 30 years of experience to her work as a labor negotiator and trial attorney. She is recognized as one of the top Labor and Employment lawyers in the state for her outstanding results for her clients handling their most complex and sensitive matters. Ms. Rodriguez Moisa works with public and private employers in the areas of labor negotiations, labor disputes, unfair practice charges, employee leaves, employee discipline, and all facets of equal employment opportunity law. Ms. Rodr iguez Moisa is known for her pragmatic approach to challenging legal issues and for her direct communication style. Years Admitted to the California State Bar: 34 years Of Counsel Susan Jerich Susan Jerich has over 30 years of experience in the legal profession. Ms. Jerich handles a variety of subject matters in her labor and employment practice including harassment, retaliation, and wrongful termination. Prior to joining AALRR, Ms. Jerich worked as a local and federal prosecutor in the San Francisco Bay Area where she served five years in the San Francisco District Attorney’s office, and seven years as an Assistant U.S. Attorney. When Ms. Jerich relocated to Southern California, she worked for twelve years for the largest employee-side law firm that primarily represents public safety unions and their employees. In this role, Ms. Jerich advised public sector clients including, for example, police officers, sheriff’s deputies, probation officers, and firefighters. In this capacity, Ms. Jerich represented employees in disciplinary investigations through the disciplinary appeal process. Years Admitted to the California State Bar: 29 years Page 9 Associate Brittaney de la Torre Brittaney de la Torre provides advice and counsel for employers with respect to labor and employment law. Ms. de la Torre handles matters involving employment policies and procedures, litigation, investigations, leaves of absence, discrimination, harassmen t, employee discipline, wrongful termination, retaliation, Private Attorneys General Act (“PAGA”), compliance with state and federal labor laws, and wage and hour. Years Admitted to the California State Bar: 9 years EXPERIENCE Public Sector Experience AALRR has more than 45 years of experience representing public entity clients in all aspects of labor and employment matters. We represent cities, counties, housing authorities, transit agencies, California administrative agencies, water districts, law enforcement and fire agencies, and special districts. AALRR provides broad governance representation. We render advice and consultation on notice and agenda requirements; regular, special, and emergency meeting legal requirements; assistance in preparation for board and committee meetings; and address issues that arise during meetings including questions regarding rules of Parliamentary Procedure, conflicts of interest, closed sessions, quorum and voting requirements, and other related meeting matters. As noted above, we assist in identifying and resolving potential conflicts of interest for board members and staff under state laws such as the Brown Act, California Political Reform Act, California Government Code Section 1090 et seq., common law conflict and bias issues, gift, travel, and loan restrictions for board members and staff, incompatible offices and activities proscriptions, and ethics training for board members and staff. When needed, we represent our clients in litigating complex provisions of the California Fair Political Practices Act and similar state regulations. The Firm also provides on-going assistance in complying with public records requirements, including the California Public Records Act and similar laws in other states, and the federal Freedom of Information Act (“FOIA”). Our services include advice regarding responses to requests made pursuant to such statutes, providing tutorials on complying with laws regarding maintenance of electronic records and documents, and advising our clients with respect to preparing and maint aining records retention policies consistent with FOIA and good public agency practice. We also assist with code enforcement matters, including compliance with administrative procedures and the filing of actions to carry out administrative rules and regulations. Page 10 Labor and Employment Our legal services include the full range of management-side labor and employment legal services including personnel administration; disciplinary and grievance hearings; PERS audits; disability, retirement, health, and welfare benefits; EEO issues, including discrimination, harassment, and whistleblower claims; wage and hour, including FLSA collective actions; investigations, litigation, training; reasonable accommodation; and employee leaves. The Firm has drafted and reviewed employment contracts and application forms for all categories of public employees. We provide a broad range of services related to employee health and welfare benefits, including reviewing agreements for insurance and other services, as well as advising agencies regarding appropriate implementation of those agreements. Our experience before administrative agencies related to labor and employment relations includes PERB, the California Fair Employment and Housing Commission, United States Equal Employment Opportunity Commission, the United States Department of Education, Office for Civil Rights, the California Department of Labor Standards Enforcement, the Unemployment Compensation Board, and the Occupational Safety and Health Administration. Labor Relations and Collective Bargaining AALRR represents public agencies throughout California in collective bargaining negotiations, labor relations, meet and confer issues, and in grievance arbitrations. Our attorneys have provided a broad range of services in the labor negotiations arena from serving as chief labor negotiator, “behind the scenes” advice and counsel to the bargaining team and reviewing Memoranda of Understanding (“MOU”) language after a deal has been reached. Our attorneys have bargained dozens of MOU’s and side agreements with various bargaining units, including: ATU, SEIU, AFSCME, Teamsters, IBEW, CEA, POA’s, FFA’s, management, and Engineers and Architects. Our labor relations practice covers all aspects of the relationship between employers, employees, and labor unions throughout California and across the country. We work with employers who have collective bargaining relationships on issues including negotia tions, conduct fact-finding when necessary, grievance handling, arbitrations, strikes, and other issues in a unionized workplace. We also work with employers who have no union relationship on issues of lawfully remaining union -free. Several of our attorneys formerly practiced at the National Labor Relations Board (“NLRB”), providing us with the advantage of an insider’s perspective on the law. Page 11 Grievance, Mediation, Arbitration In addition to assisting employers in collective bargaining negotiations, the Firm represents them in collective bargaining disputes, including grievance proceedings involving arbitration, as well as defense of unfair labor practice complaints and related procedures with PERB. This representation extends from the initial filing of a cha rge through the formal PERB hearing and the appeal process. Litigation Our public agency clients often become involved in administrative proceedings and civil litigation disputes. This litigation encompasses the full range of public law issues, including compliance with the Brown Act, Public Records Act, conflict of interest laws, tort litigation, land use disputes, ordinance enforcement, construction contract disputes, allocation of water resources, eminent domain and inverse condemnation, fees and charges under Articles XIII C and D of the California Constitution (Propositions 218 & 26), and validation of bond issuances. It also includes disputes over water rights and water supply. Ralph M. Brown Act and the Public Records Act AALRR attorneys are well versed in all aspects of the Ralph M. Brown Act, the Public Records Act, conflict of interest provisions, and other laws pertaining to board governance. We provide legal interpretations, advice, and training to boards, administrators, and board staff, working proactively to reduce exposure to challenges under these laws. Disciplinary Actions Many of our attorneys specialize in employee discipline and dismissal and we have successfully assisted numerous clients in handling hundreds of cases. We draft letters of reprimand, notices of unprofessional or unsatisfactory service, and suspension and dismissal charges. The Firm has extensive experience representing public agencies in contested evidentiary hearings and, when necessary, subsequent appeal proceedings in state court. Our thorough preparation for disciplinary hearings frequently leads an employee to resign pursuant to a settlement agreement prior to the hearing. We also represent public agencies with respect to the retention and release of administrators and are recognized as state-wide experts in employee layoffs and reductions in force. Our attorneys have decades of experience handling all aspects of employee discipline, including drafting Skelly notices, and preparing for and presenting the client’s case in dismissal and other disciplinary hearings. We also represent clients through further legal Page 12 proceedings on disciplinary matters, including writs of mandate and appeals of disciplinary decisions, and litigation related to allegations of discrimination in employment. We represent a number of clients that operate with a personnel commission. Investigations Investigating internal employee complaints often involves complex personnel and legal issues. The quality of an investigation becomes the deciding factor in resolving an internal complaint or key evidence if the matter goes to court. AALRR attorney investigators have the knowledge and experience needed to conduct appropriate, fact -based investigations. Our attorneys perform insightful witness interviews, thorough and impartial evaluations of evidence, and careful credibility analyses. The breadth of our experience and clientele allows us to provide clients with insight and knowledge of best practices and industry standards. AALRR attorney investigators provide impartial, thorough, efficient, cost-effective, and prompt investigations. We are further adept at handling high-level, critical investigations that require sensitivity, diplomacy, and focus. An improperly conducted investigation can cause significant problems, including loss of employee morale, destruction of confidentiality, unwanted media attention, and potential litigation. Human Resources Plans and Policies AALRR attorneys assist employers in drafting comprehensive policies and procedures, employee handbooks and manuals, and employment agreements that ensure compliance with California’s comprehensive employment laws and are structured in a clear and concise manner for ease of implementation. Our attorneys also conduct comprehensive Human Resources and wage and hour compliance audits to help clients reduce liability and streamline processes. Discrimination and Harassment Preventing unlawful discrimination and harassment begins with sound policies that are properly communicated and implemented. Our attorneys draft, update, and assist with implementation of effective policies against discrimination and harassment on the basis of sex, race, religion, disability, and other protected classifications. We conduct management and supervisory training to prevent unlawful harassment and guide employers through independent workplace investigations. We advise employers on avoiding claims of discrimination or minimizing liability for these claims. Our attorneys have decades of experience representing management in federal and state court and in administrative charges before the Equal Employment Opportunity Commission and Department of Fair Employment and Housing. Page 13 Privacy Issues Our attorneys routinely counsel employers with respect to employee privacy matters. We assist employers in developing or evaluating personnel policies dealing with privacy issues, including employee drug testing procedures, monitoring employees’ telephone, e- mail, and Internet use, electronic surveillance countermeasures and computer examinations, and employer use of consumer, credit, motor vehicle, and criminal background investigations and reports during the hiring or promotion process. Occupational Health and Safety Laws We counsel clients in prevention of workplace health and safety issues with an eye toward achieving practical compliance with applicable federal and state requirements. We also represent employers during safety and health inspections by federal OSHA and st ate occupational safety agencies. We handle litigation before courts and government agencies relating to workplace health and safety issues. Leaves of Absence The laws governing leaves of absence top the list of most confounding laws for employers large and small. AALRR attorneys routinely navigate employers through the maze of leave laws and the interplay between the FMLA, California Family Rights Act (“CFRA”), Americans with Disabilities Act (“ADA”), Fair Employment and Housing Act (“FEHA”), Pregnancy Disability Leave, and Workers’ Compensation. Explaining the law, formulating practical and creative compliance strategies, and remaining sensitive to an employers’ need to continue operating their businesses is at the forefront of the advice and counsel provided by our attorneys on these matters. We also assist with implementing preventative policies concerning leaves. State Disability/Unemployment Insurance Laws There are a growing number of appeals of decisions by the Employment Development Department (“EDD”) granting or denying unemployment compensation benefits. AALRR attorneys are available to advise or represent clients in these administrative proceedings. Compensation and Benefits We prepare and review compensation and benefits packages that are equitable to both the employee and the organization. We regularly assist clients with developing and adopting employment agreements and compensation arrangements. We also review and advise clients on various employee benefit plans including Section 125 cafeteria plans and health and welfare benefit plans. AALRR represents public sector clients regarding Page 14 their 403(b), 457, and other qualified plans, including drafting plan amendments, interpreting plan provisions and preparing submissions to the IRS voluntary compliance program. Firm attorneys also have experience assisting clients through PERS audits, including preemptively performing audits to determine if a client is in compliance, allowing them to correct errors before CalPERS becomes aware of them. Workers’ Compensation AALRR defends all aspects of Workers’ Compensation claims including §132(a) discrimination claims, claims for serious and willful misconduct, and subrogation claims. We also coordinate defenses pertaining to FEHA and the ADA. Our attorneys regularly make appearances at all Workers’ Compensation Appeals Boards throughout California. Whistleblower/Retaliation AALRR has handled many cases involving “whistleblower” complaints brought pursuant to provisions of the Government, and Labor Codes. These claims require particularized handling due to the different burden of proof standards. We also regularly advise and represent our clients in dealing with claims of retaliation brought by employees. FLSA/Wage and Hour We are frequently requested to provide advice on a wide range of issues relating to the FLSA and California’s Wage Orders and to represent our clients in state and federal litigation involving these issues. We also conduct preventative audits of employers’ compliance with these laws as well as represent employers in investigations conducted by the United States Department of Labor’s Wage and Hour Division and California’s Division of Labor Standards Enforcement. Business License Please see attached as part of Appendix 2: Business License. REFERENCES Name of Agency City of Redlands Contact Name/Title Yvette Abich Garcia, Esq., City Attorney Business Address 300 E. State Street, Suite 690, Redlands, CA 92373 Phone Number (909) 798-7510 Email Address ygarcia@cityofredlands.com Page 15 Area of Services Provided Collective Bargaining, Investigations, Training, Advice and Counsel Regarding Labor/Employment and Intellectual Property matters. Name of Agency City of Fontana Contact Name/Title Rakesha Voss, Director of Human Resources and Risk Management Business Address 17001 Upland Avenue, Fontana, CA 92335 Phone Number (909) 350-7648 Email Address rvoss@fontanaca.gov Area of Services Provided Collective Bargaining, Investigations, Training, Advice and Counsel Regarding Labor/Employment matters, Civil Litigation Defense, Grievances, Meet and Confers, and Auditing/Updating Policies, Procedures, and Personnel Rules. Name of Agency Chino Valley Fire District Contact Name/Title Anthony Arroyo, Human Resources Director Business Address 14011 City Center Drive, Chino Hills, CA 91709 Phone Number (909) 315-8804 Email Address aarroyo@chofire.org Area of Services Provided Collective Bargaining, Investigations, Training, Advice and Counsel Regarding Labor/Employment matters. APPROACH AND WORK PLAN AALRR’s approach for the City will be built upon three core principles: proactive compliance, strategic risk mitigation, and collaborative problem -solving. We understand that they are committed to maintaining a legally sound, equitable, and efficient workplace environment, and we are prepared to continue serving as trusted advisors in navigating the increasingly complex landscape of public sector labor and employment law. With decades of combined experience advising municipalities, AALRR provides timely and tailored guidance that will continue to support the City’s goals, including their operational continuity, legal compliance, effective labor relations, and more. We emphasize legal accuracy, responsiveness, and strategic alignment with the City’s goals. The Firm will be sure to review any recent challenges from the City, and we will tailor our services to the City’s unique labor dynamics and compliance priorities. Our services will involve all areas of the City’s Scope, including but not limited to advice and counsel on labor and employment matters, collective bargaining and labor relations, disciplinary actions, investigations, public employee retirement systems, claims and Page 16 grievances, mediations and arbitrations, compensation, conflict of interest management, workplace training, litigation support, civil rights issues, and more. As the City is aware, AALRR attorneys do not simply advise on what is legally permissible; rather, Firm attorneys will collaborate with City leadership to identify practical, forward-thinking solutions that balance legal risk, operational needs, and public accountability. AALRR stays current with legal developments and changes to laws via continuing education, conference attendance, regular review of case law, and relevant journals and treatises. We have substantial expertise in all aspects of labor and employment, and the attorneys we propose to serve the City have decades of experience serving public entity clients in that capacity. The methods through which we can keep the City informed as to the status of legal matters are heavily dependent upon the wishes and preferences of the City. While the actual methods would be tailored to conform to the City’s requests, communications would generally come in two primary forms: 1) regular and routine communications to keep the City informed as to active matters and coordinate relative to any information needed, and 2) scheduled information updates on an as-needed basis. The City can expect to receive as much time and attention as business needs dictate and as they desire. AALRR has a broad and deep bench of attorneys who can make themselves available to field questions from clients whenever a need arises, including after hours and on weekends. The Firm’s policy is to respond to all client inquiries within twenty-four hours, but response times are usually much sooner. Our priority is to ensure prompt accessibility in responding to client issues. Partner John Bakhit will act as the principal attorney responsible for the City, and he will act as their primary point of contact. Mr. Bakhit will promptly assess requests for legal support from the City and propose appropriate staffing as needed based on an individual attorney’s background and experience. Our attorneys will work alongside City staff to ensure that our guidance is implementable and understood. We will also provide behind- the-scenes support for City stakeholders as needed. SCOPE OF WORK AALRR understands from the City’s Scope of Work that they seek a law firm that can provide comprehensive labor and employment services tailored to their unique operational, regulatory, and governance realities. As the Firm partners proactively with our clients’ executive leadership, human resources professionals, risk managers, and governing boards, we ensure that all employment counsel provided by us will be legally sound, strategically aligned, and defensible. Page 17 With respect to wage and hour compliance, our attorneys deliver detailed analysis and practical guidance under FLSA and other California wage and hour laws. This includes employee classification determinations (exempt and non -exempt), overtime and regular rate analysis, compensation audits, and focused reviews of job descriptions and actual duties to mitigate misclassification risk. Our approach combines technical statutory compliance with pragmatic operational insight, ensuring compensation structures and timekeeping practices that withstand scrutiny while remaining administrative. We advise on compliance with FEHA and the ADA, guiding clients through the interactive process, reasonable accommodation determinations, and disability -related inquiries. Firm attorneys provide strategic counsel on leaves of absence, including the FMLA, CFRA, Pregnancy Disability Leave, and related statutory and regulatory frameworks. Our guidance is designed to harmonize overlapping leave laws, minimize disruption to operations, and reduce exposure to interference, discrimination, or retaliation claims. In addition, we assist in the development, revision, and implementation of personnel policies, civil service rules, and employee handbooks to ensure internal governance documents reflect current law and best practices. We provide real -time advice regarding discipline, investigations, adverse actions, and due process requirements, including Skelly procedures and evidentiary standards. From initial complaint intake through final employment action, we ensure that investigative findings and disciplinary decisio ns are well-documented, procedurally sound, and defensible. The Firm supports its clients in navigating the complex regulatory environment governing employee benefits. We regularly advise public agencies regarding CalPERS matters, including contract interpretation, amendments, audit responses, and retirement eligibility determinations. Our attorneys are experienced in advising on Industrial Disability Retirement and service retirement issues, and we represent clients in Ca lPERS administrative proceedings and appeals, safeguarding agency interests while ensuring adherence to statutory and regulatory mandates. Regarding labor relations, Firm attorneys serve as strategic partners in collective bargaining and workforce management. We advise on labor relations strategy and meet- and-confer obligations under the Meyers-Milias-Brown Act, including the negotiation of MOUs, side letters, and ground rules agreements. Our representation extends through impasse procedures, mediation, fact-finding, and interest arbitration. We also represent clients before PERB and other administrative bodies, advocating effectively in unfair practice charges, representation matters, and related proceedings. When disputes arise, Firm attorneys provide vigorous and strategic litigation defense of employment-related claims, administrative charges, and civil lawsuits in state and federal courts. We represent clients before administrative agencies, including the Equal Employment Opportunity Commission, and the Department of Labor. Our philosophy Page 18 emphasizes early case assessment and pre -litigation counseling to mitigate risk, control costs, and position matters for efficient resolution, whether through negotiated settlement, dispositive motion practice, or trial. We also counsel clients on complex constitutional and civil rights issues that increasingly interfere with public employment. This includes guidance on First Amendment matters involving employee speech and political activity, due process and equal protection claims, and allegations of discrimination, harassment, or retaliation. We advise on religious accommodation and free exercise concerns, balancing employee rights with operational and safety considerations to ensure compliance with evolving legal standar ds. Beyond that, our attorneys also provide ongoing legal counsel support, offering timely advice and review of correspondence, contracts, agreements, and other employment - related documents. Firm attorneys are accessible, responsive, and attuned to the practical realities of public service. By combining technical excellence with strategic foresight, we help our clients maintain compliant workplaces, foster positive labor relations, and confidently navigate California’s complex employment law landscape. CONTRACT PERFORMANCE, LITIGATION, AND CONFLICT DISCOURSE Indicate if at any time during the past five years, proposer has had a contract terminated for convenience, non-performance, or any other reason, or has entered into legal action with a client. Describe the situation(s) including name and address of contracting party and circumstances. The Firm does not disclose information pertaining to contract terminations, even those that may be considered public record, to uphold confidentiality and maintain professional discretion. Notwithstanding the foregoing, claims against the Firm are extremely rare. The Firm aggressively defends itself in such instances and all closed matters have been confidentially resolved in favor of the Firm. Additionally, disclose any existing or reasonably foreseeable conflict of interest. The Firm conducted an internal conflict check prior to submitting its response to this RFP and is currently unaware of any actual conflicts of interest with the City. Page 19 SCHEDULE OF CHARGES/COSTS Hourly Rates AALRR is always mindful of the larger budgetary reality facing the public sector. Our bench strength enables us to draw upon a broad spectrum of resources to efficiently and fully respond to our clients’ needs, and our dedication to keeping clients up-to-date on our efforts and expenditures, which will avoid billing surprises for the City. Among our public sector clients, AALRR is known for our competitive rates, fair billing practices, and the value received for the cost of legal services provided. Our clients receive exceptional value for the cost of legal services provided. The Firm bills in one- tenth of an hour (6-minute) increments. Actual rates billed depend upon years of experience and areas of expertise. Resource Hourly Rates Partners, Of Counsel $385 – $550 Associates $275 – $325 Paralegals $205 Other Expenses An administrative fee may be applied to each bill in lieu of charging for telephone costs, incoming and outgoing faxes, photocopies, postage, automobile mileage, parking, document preparation/word processing, and computer-based research (e.g., Westlaw). The Firm bills actual cost for messenger/courier fees, witness/court/jury fees and bonds, deposition and court reporter/transcript fees, and any other external consultant fees. We also bill for travel time and expenses. We do not anticipate significant travel costs for the City. Sample Invoice Please see attached behind this page for a sample AALRR invoice . ATKINSON, ANDELSON, LOYA, RUUD & ROMO PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE, SUITE 300 CERRITOS, CALIFORNIA 90703 (562) 653-3200 Billing questions: invoices@aalrr.com CLIENT’S NAME ATTN: ADDRESS FEBRUARY 28, 2026 INVOICE NO. 12345 CLIENT NO. 00000 ATK PAGE: 1 This Statement is payable in full upon presentation. Amounts remaining unpaid after 30 days shall be subjected to service charge of 1.0% per month. Annual rate of 12% ATTORNEY-CLIENT PRIVILEGE PLEASE INCLUDE INVOICE NUMBER ON REMITTANCE ATKINSON, ANDELSON, LOYA, RUUD & ROMO TAX ID# 95-3378600 ENCLOSED PLEASE FIND STATEMENT DATED FEBRUARY 28, 2026 ITEMIZING CURRENT PROFESSIONAL SERVICES AND DISBURSEMENTS. MATTER/DESCRIPTION FEES DISB TOTAL MATTER NAME - 00001 0.00 0.00 0.00 TOTAL FEBRUARY BILLING 0.00 ATKINSON, ANDELSON, LOYA, RUUD & ROMO PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE, SUITE 300 CERRITOS, CALIFORNIA 90703 (562) 653-3200 Billing questions: invoices@aalrr.com CLIENT’S NAME ATTN: ADDRESS FEBRUARY 28, 2026 INVOICE NO. 12345 CLIENT NO. 00000 ATK PAGE: 2 This Statement is payable in full upon presentation. Amounts remaining unpaid after 30 days shall be subjected to service charge of 1.0% per month. Annual rate of 12% ATTORNEY-CLIENT PRIVILEGE PLEASE INCLUDE INVOICE NUMBER ON REMITTANCE ATKINSON, ANDELSON, LOYA, RUUD & ROMO TAX ID# 95-3378600 MATTER NAME - 00001 Date Atty. Hrs. Amt. 02/24/26 DESCRIPTION OF TASK ATK 0.00 0.00 CURRENT FEES: $ 0.00 FEE SUMMARY NAME INT RATE HOURS AMOUNT TIMEKEEPER RANK ATK 0.00/hr. 0.00 0.00 FEE SUMMARY TOTAL 0.00 TOTAL MATTER BILLING 0.00 TOTAL CURRENT FEES 0.00 TOTAL CURRENT DISBURSEMENTS 0.00 ACCOUNT STATUS THROUGH THIS STATEMENT CURRENT 1 MONTH 2 MONTHS 3 MONTHS 4 & OVER TOTAL DUE 0.00 0.00 0.00 0.00 0.00 0.00 Page 21 APPENDIX 1: ATTORNEY BIOGRAPHIES Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 APPENDIX 2: BUSINESS LICENSE Page 46 Page 47 APPENDIX 3: SAMPLE AGREEMENT REVISIONS Please see below for the Firm’s suggested revisions to the City’s sample agreement. (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (iv) All required insurance coverages, except for the professional liability coverage and employer’s liability, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold harmless the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims to the extent proximately caused by that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of professional services, and shall exclude any claims arising out of or attributable to the negligence, gross negligence, or willful misconduct of the City or any other indemnified party but shall not otherwise be reduced. Consultant’s indemnity obligations shall be subject to principles of comparative fault and shall be limited to Consultant’s proportionate share of fault, as determined by a court of competent jurisdiction. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then only upon a final adjudication on the merits upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct Page 48 of the City, Consultant’s obligations shall be equitably reduced in proportion to the established comparative liability of the City and in no event shall exceed Consultant’s proportionate percentage of fault shall not exceed the Consultant’s proportionate percentage of fault. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by Consultant, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, breach of fiduciary duty, misrepresentation, or conflict of interest, such dispute shall b e resolved by confidential and binding arbitration in Los Angeles County, California, upon the written request of one party after service of that request on the other party. There are significant advantages and disadvantages of binding arbitration. The parties shall agree on an arbitrator with special skills and experience to hear and determine the dispute unlike in a court proceeding where a judge is assigned. If the parties cannot agree, then the Superior Court of Los Angeles County shall choose an impartial arbitrator whose decision shall be final and conclusive on all matters. The parties shall each have the right of discovery in accordance with Code of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be significantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration proceeding. Unlike court proceedings, arbitration proceedings are conducted privately, and the outcome will remain confidential. There is no right to a trial by a judge or jury of one’s peers. There is no limitation on the type of monetary damage that can be awarded by the arbitrator. The parties are advised that they have the right to have an independent lawyer of their choice review this arbitration provision. 1 13392618.1 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 Three Hundred Ten to Five Hundred Ten Dollars ($310.00 - $510.00). See Schedule I for a full Fee Schedule. 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. Attorney bills its time in minimum units of one-tenth of an hour. DR A F T Attachment No. 2 2 13392618.1 LC001-009 For Litigation Matters See Schedule II attached for a description of Attorney’s Litigation and E- Discovery Management. Other Expenses 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. See Schedule I attached. 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. 4. Artificial Intelligence LCW permits attorneys to utilize generative artificial intelligence (“AI”) tools in the performance of their work within the standards and guidance established by the State Bar of California. Attorneys may use AI as a tool and do not use AI work product without applying their own independent legal judgment. Attorneys do not disclose confidential information to unsecure AI tools. 5. Professional Liability Insurance 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. DR A F T 3 13392618.1 LC001-009 6. 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, 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. 7. 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 DR A F T 4 13392618.1 LC001-009 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. 8. Assignment This Agreement is not assignable without the written consent of City. 9. 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. 10. 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. 11. Term This Agreement is effective July 1, 2026 through June 30, 2027, and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. DR A F T 5 13392618.1 LC001-009 LIEBERT CASSIDY WHITMORE, CITY OF ARCADIA A Professional Corporation A Municipal Corporation By: ________________________ By: _______________________ Name: ______________________ Name: ______________________ Title: _______________________ Title: _______________________ Date: _______________________ Date: ______________________ DR A F T 6 13392618.1 LC001-009 SCHEDULE I – FEES & COSTS 1. Hourly Rates (As of Agreement Effective Date) Partners $510.00 Senior Counsel $425.00 - $475.00 Associates $310.00 - $410.00 Labor Relations/HR Consultant $340.00 Classification & Compensation Consultant $250.00 Paralegals $185.00 E- Discovery Specialists $200.00 Law Clerks $200.00 - $220.00 2. COSTS 1. Photocopies $0.15 per copy DR A F T 7 13392618.1 LC001-009 SCHEDULE II LCW LITIGATION and E-DISCOVERY MANAGEMENT LCW is committed to using state-of-the-art technology to efficiently manage and harness electronically-stored information (“ESI”) in compliance with Federal and State law requirements. LCW partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this purpose. The cost for each matter will depend on the volume and format of the data. For non-complex data up to 50 gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, de-duplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized services (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, we will provide an itemized bill from our managed services provider and obtain client approval prior to incurring the charges. Litigation Case Staffing LCW has organized its litigation practice to meet the challenges of today’s complex litigation cases. We employ a dedicated Litigation Manager – a non-billing attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in the efficient management of electronic data through every stage of the e-discovery life cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables our attorneys to target the most relevant data to meet litigation objectives. Working with our e-discovery managed services provider, we are able to provide state-of-the-art data processing and hosting services at below-market rates. DR A F T