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
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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.
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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
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June 2, 2026
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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.
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June 2, 2026
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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”)
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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.
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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.
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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
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(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
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(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
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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
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(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:
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(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,
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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
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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
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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
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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
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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]
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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
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EXHIBIT A
Scope of Services
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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APPENDIX 1: ATTORNEY BIOGRAPHIES
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APPENDIX 2: BUSINESS LICENSE
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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
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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.
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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.
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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.
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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
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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.
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LIEBERT CASSIDY WHITMORE, CITY OF ARCADIA
A Professional Corporation A Municipal Corporation
By: ________________________ By: _______________________
Name: ______________________ Name: ______________________
Title: _______________________ Title: _______________________
Date: _______________________ Date: ______________________
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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
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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.
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