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Home My WebLink AboutContracts & Agreements_125-2010Office of the Daniel J. McHugh City Attorney City Attorney City of Redlands MEMORANDUM TO: CITY CLERK FROM: CITY ATTORNEY DATE: August 25, 2010 RE: AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT CASSIDY WHITMORE Sam: Attached are two original executed agreements for special counsel services, one with Liebert Cassidy Whitmore and the other with Best Best and Krieger. Pursuant to section 2.15.020 of the City's Municipal Code, the City Attorney may enter into professional services contracts on behalf of the City Council, for the retention of certain special legal counsel and consultants, without the prior approval of the City Council (however, the retention of Liebert, Cassidy Whitmore was approved in open session at a meeting of the Council, and the request for Best Best and Krieger's special counsel advice on a water rights real property matter (terms and price) was briefly discussed with the City Council as part of a closed session discussion). 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\ca\djm\Memo12010 Memos\Liebeit Cassidy and BB&K Special Services Agmt Transmittal.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 This particular Agreement addresses the City retaining Attorney to provide consulting, representation and legal services to the City, as regards the issues of executive compensation and issues related to it. Accordingly, this Agreement supplements other existing contract(s) between the City and Attorney whereby Attorney provides employment relations services to the City. Services already performed regarding the above issues of executive compensation have therefore been deemed authorized pursuant to such other contract(s). 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. Unless authorized by the City Council, the attorney's fees regarding provision of the services described in Paragraph 2, above, shall not exceed $5,000.00. It is understood that Attorney is not agreeing to provide the above services for a flat rate. Accordingly, if the $5,000.00 attorney fee limit is reached and additional fees are not authorized by the City Council, Attorney shall be relieved of any duties/obligation to provide additional services. The range of hourly rates for Attorney time is from One Hundred Sixty to Two Hundred Ninety Dollars ($160.00 - $290.00), and from One Hundred to One Hundred Thirty Dollars ($100.00 - $130.00) for time of paraprofessional staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorneys and paraprofessional staff bill their time in minimum units of one -tenth of an hour. Communications advice (telephone, voice -mail, e-mail) is billed in a minimum increment of three -tenths (.30) of an hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.15) per page and facsimile charges at Fifty Cents ($0.50) 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. 434119.3 RE035-001 The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage. 4. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between City and Attorney over any other aspect of the attorney - client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney's fees and costs. 5. File Retention After our services conclude, Attorney will, upon City's request, deliver the file for the matter to City, along with any funds or property of City's in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file. 6. Assignment This Agreement is not assignable without the written consent of City. 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. 434119.3 RE035-001 8. Authority The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 9. Term This Agreement is effective August 12, 2010, 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, A Professional Corporation By Richard M'Kreisler, Senior Partner Date e- I�//v 434119.3 RE035-001 CITY OF REDLANDS A Municipal Corporation B� y Pete Aguilar, Council Member Date bIkkito 8. Authorify 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 August 12, 2010, 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, A Professional Corporation Richard M. Kreisler, Senior Partner Date CITY OF REDLANDS A Municipal Corporation By _ a� &�—L-- Pete Aguilar, Council Member Date NIt1�° 434119.3 RE035-001 I. II. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Contract Date) Partners $250.00 - $290.00 Of Counsel $225.00 - $260.00 Associates $160.00 - $240.00 Labor Relations Professional $170.00 - $200.00 Paraprofessionals $100.00 - $130.00 COSTSCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.50 per page 434119.3 RE035-001 4