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HomeMy WebLinkAboutContracts & Agreements_96-2007_CCv0001.pdf 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 cony 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 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. rl- Ih al 0+- motes finr Sty Illy tc,.d '�c'. v •� .::y'_ r r rr¢s,time ,c frOm Onp HUr- lred Sixty to Two Hundred Ninety Dollars ($160.00 - $290.00), and from One Hundred to One Hundred Thirty Dollars ($100.00 - $1.30.00) 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 (.30) of an hour. l 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 Disputes. If a dispute between City and Attorney arises over fees charged for I ri 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 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 i City any funds or property of 's I I n our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven(7) year period, City may request delivery of the file. 6. Assignment This Agreement is not assignable without the written consent of City. 7. Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City, 3 8. AA4-01—itl The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 9. Term This Agreement is effective July 1, 2007, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. Liebert Cassidy Whitmore, City of Redlands A Professional Corporation A Municipal Corporation Af By VV/ By � ;- on Harrison 1A /V- X, F ql ,q ILI Title Title may Dr Date Date dune S, --2007 Attest: Lo �Poy;���r( c'�tyci�erk � 4 I. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Contract Date) Partners $260.00 - $290.00 Of Counsel $240.00 - $260.00 Associates $160.00 - $240.00 Labor Relations Professional $170.00 - $200.00 Paraprofessionals $100-00 - $130.00 IL COST SCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.50 per page 5 Liebert Cassidy Whitmore Billing Rates -2007 Billing Rate Bflfltw Rate Partners Associates Bruce Barsook 270 Jolina Abrena 200 Shelline Bennett 250 Laura Kalty 200 Steve Berliner 270 Jesse Maddox 200 Richard Bolanos 270 Carla McCormack 200 Debra Brav 270 Max Sank 1 200 Peter Brown 270 Alex Wong 200 Dan Cassidy 270 Maiya Yang 200 Yang Mary Dowell 270 jeffrev Freedman :r_i- Tlonc; C 1010 Linda Jenson 270 Maria Letellier 190 Richard Kreisler 270 Andrew Lu 190 John Liebert 270 Anthony Ly 190 Cynthia O'Neill 270 Jennifer Palagi 19,0 Melanie Poturica 270 Cepideh Roufougar 190 Laura Schulkind 270 Kelly Tuffo 190 Scott Tiedemann 270 Richard Whitmore 270 Jennifer Rosner 180 Brian Walter 270 Donna Williamson 270 Connie Chuang 170 Michael DePaul 170 Of Counsel Gage Dungy 170 Ruth Graf-Urasaki 240 Tracy Glanton 170 David Urban 240 Desiree Reed-Francois 170 Didier Reiss 170 Associates Frances Rogers 170 Michael Blacher 220 Labor Relations Professional Donna Evans 220 Adrianna Guzman 220 Deborah Glasser 170 Jack Hughes 220 Arlin Kachalia 220 Paraprofessionals Deborah Leon 220 Art Meneses -)-)o Misty Jones 100 Mark Meyerhoff 220 Maggie McDonough 100 Pilar Morin 220 Jean Springer 100 Geoff Sheldon 220 Suzanne Solomon 220 Jeff Stockley 220