HomeMy WebLinkAboutContracts & Agreements_96-2010_CCv0001.pdf �r
5
Office Of the Daniel J.McHugh
City Attorney
` City Attorney Michael Reiter
City Of Redlands Assistant City Attorney
MEMORANDUM
TO: CITY CLERK
FROM: CITY ATTORNEY
DATE: June 22, 2010
RE: AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT CASSIDY
WHITMORE
Sam: Attached please find an original executed Agreement for Special Services with
15 020 of
the City's Municipal Code, the City Attorney may enter into professional sery
Liebert Cassidy Whitmore for your information and retention. Pursuant to section 2ices contracts for
the retention of special legal counsel and various consultants without the prior approval of the
City Council. These contracts need only be executed by a member of the City Council, and are
then required to be filed and maintained in the office of the City Clerk.
Should you have any questions regarding this matter, please feel free to contact me.
DANIEL J. MCHUGH
DJM:sas
enclosures
cc: N. Enrique Martinez
P.O. Box 3005 • Redlands, CA 92373 • (909) 798-7595 - FAX (909) 798-7503
L caldjm` lemo�20lo Memos%Liebert Cassidy Whitmore Consultant Contract Transniittal.doc
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 REDLANDS,
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 consultinQ, representational and legal
services pertaining to employment relations matters, including representation in
negotiations and in administrative and City 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 range of hourly rates for Attorney time is from One Hundred Sixty to Two
Hundred Ninety Dollars ($160.00 - S290.00), and from One Hundred to One Hundred
Thirty Dollars ($100-00 - $130.00) for time of paraprofessional staff. Attorney reviews
its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1.
Attorneys and paraprofessional staff bill their time in minimum units of one-tenth of an
hour. Communications advice (telephone, voice-mail, e-mail) is billed in a minimum
increment of three-tenths (.3)0) of an hour.
419970.1 REr�315-0u`
City agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of City, Attorney bills photocopying charges at Fifteen Cents (S.15)
per page and facsimile charges at Fifty Cents (50.50) per page. A Public Agency Fee
Schedule is attached to this Agreement.
Payment by City against monthly billings is due upon receipt of statements, and is
considered delinquent if payment is not received within thirty(30) days of the date of the
invoice.
The California Business & Professions Code requires us to inform you whether
we maintain errors and omissions insurance coverage applicable to the services to be
rendered to you. We hereby confirm that the firm does maintain such insurance
coverage.
4. Arbitration of Professional Liability or Other Claims
Dis,putes. 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 anv legal
3 1 H'8'7 0 E:3 3' 2
services rendered under this agreement were allegedly unnecessary, unauthorized,
omitted entirely, or were improperly, negligently or incompetently rendered) will be
determined by submission to arbitration as provided by California law, and not by a
lawsuit or resort to court process except as California law provides for judicial review of
arbitration proceedings. Both parties to this agreement, by entering into it, are giving
up their constitutional right to have any such dispute decided in a court of law
before a jury, and instead are accepting the use of arbitration. Each party is to bear
its own attorney's fees and costs.
5. File Retention
After our services conclude, Attorney will, upon City's request, deliver the file for
the matter to City, along with any funds or property of City's in our possession. If City
requests the file for the matter, Attorney will retain a copy of the file at the City's
expense. If City does not request the file for this matter, we will retain it for a period of
seven (7) years after this matter is closed. If City does not request delivery of the file for
this matter before the end of the seven (7) year period, we will have no further obligation
to retain the file and may, at our discretion, destroy it without further notice to City. At
any point during the seven (7) year period, City may request delivery of the file.
6. Assi2nment
This Agreement is not assignable without the written consent of City.
7. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms
of this Agreement, is an independent contractor and not an employee of City.
—1--"!0-
— - � 3
8. Authority
The si piators to this Agreement represent that they hold the positions set forth
g
below their signatures, and that they are authorized to execute this Agreement on behalf
of their respective parties and to bind their respective parties hereto.
9. Term
This Agreement is effective July 1, 2010, ongoing and may be modified by
mutual agreement of the parties. This agreement shall be tenninable by either party upon
thirty(30) days written notice.
LIEBERT CASSIDY WHITMORE, CITY OF REDLANDS,
A Professional Corporation A Municipal Corporation
1 A
I
By Bye
Pat Gilbreath
Tit ( t
ftaill"(e /C--'
Title
Mayor, City of Redlands
Date Date
—�Z;;?
4-1;S870.1 REODq-r'C',
-ti J 1 4
I. PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Contract Date)
Partners $250.00 - $290.00
Of Counsel $225.00 - $260.00
Associates $160.00- 5240.00
Labor Relations Professional S170.00 - 5200.00
Paraprofessionals $100.00 - 5I30.00
11. COST SCHEDULE
1. Photocopies $0.1.5 per copy
2. Facsimile Transmittal S0.50 per page
8 87 1 RE'3 5- 5