HomeMy WebLinkAbout- - Retention of Liebert Cassidy Whitmore - 4/17/2012MEETING DATE: APRIL 17, 2012 ITEM NUMBER: CC - 7
SUBJECT: RETENTION OF LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES
DATE: APRIL 11, 2012
FROM: OFFICE OF THE CEO
PRESENTATION BY: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FOR FURTHER INFORMATION CONTACT: TOM HATCH (714) 754-5328
RECOMMENDATION:
Authorize the City Attorney to execute an Agreement for Special Services with Liebert
Cassidy Whitmore for consultation, representation, and legal services pertaining to
employment relations matters, including representation in negotiations and in
administrative and court proceedings.
BACKGROUND:
Recently, the City has been meeting with recognized employee organizations to discuss
terms of employment. In order to adequately represent the City's interest in these past
discussions, the City CEO determined that it was prudent to retain the services of
Liebert Cassidy Whitmore. The city seeks to continue these discussions. As a result,
the CEO recommends council retain Liebert Cassidy Whitmore for the duration of these
discussions and negotiations going forward.
ANALYSIS:
The Agreement for Special Services outlines the limited scope of Liebert Cassidy
Whitmore's representation of the City. In particular, the Agreement states that Liebert
Cassidy Whitmore will only represent the City in the upcoming labor negotiations and,
potentially, any administrative and court proceedings, as requested by the City or
otherwise required. Liebert Cassidy Whitmore will bill the City with the following hourly
rates:
➢ Attorney work: $180.00 to $300.00
➢ Paraprofessional Staff: $105.00 to $140.00
Billing is measured in increments of 1/10 of an hour. Communication advice (telephone,
voice -mail, e-mail) will be billed in the minimum increments of 3/10 of an hour. Further,
the City would be required to reimburse Liebert Cassidy Whitmore for the necessary
costs and expenses incurred. Photocopying is billed at $0.15 per page. Facsimiles are
billed at $0.50 per page.
The Agreement requires any disputes regarding fees charged for services rendered
between the City and Liebert Cassidy Whitmore to be handled by arbitration in
accordance with the California State Bar Fee Arbitration Program, as set forth in the
California Business & Professions Code. Further, the prevailing party in such arbitration
would be entitled to attorneys' fees, costs, and any interest incurred. If a dispute arises
over any other aspect of the relationship established by the Agreement (including, but
not limited to, a claim of a breach of professional duty), that dispute will also be
resolved by arbitration. In particular, a dispute regarding any alleged breach of
professional duty must be determined via arbitration.
ALTERNATIVES CONSIDERED:
The Council could choose not to approve the Agreement for Special Services, in which
case, Liebert Cassidy Whitmore's work on behalf of the City would simply not commence.
FISCAL REVIEW:
The potential fees to be paid to Liebert Cassidy Whitmore for attorney time is between
$180.00 and $300.00 per hour. For paraprofessional staff, the range is $105.00 to
$140.00 per hour. The City will also be charged $0.15 per photocopied page and $0.50
per facsimile page. A more detailed breakdown of Liebert Cassidy Whitmore's fee
structure is attached with the Agreement.
LEGAL REVIEW:
The City Attorney's office has reviewed and approved the retention agreement as to form.
CONCLUSION:
Council is requested to approve the Agreement for Special Services, to authorize the City
Attorney to sign it on behalf of the City, and to authorize the City CEO to pay any fees
billed by Liebert Cassidy Whitmore in connection with the services.
THOMAS R. HATCH
Chief Executive Officer
THOMAS P. DUARTE
City Attorney
DISTRIBUTION: Assistant CEO
City Attorney
City Clerk
Staff
ATTACHMENT: 1 Agreement for Special Services
File Name: 0417121-iebericassidy Date: 041112
Time: 4:15 p.m.
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ATTACHMENT 1
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY
WHITMORE, A Professional Corporation ("Attorney"), and JONES AND MAYER
1, Conditions
This Agreement will not take effect, and Attorney will have no obligation to
provide services, until Client returns a properly signed and executed copy of this
Agreement.
2, Attorney's Services
As regards matters affecting the City of Costa Mesa, California, Attorney agrees
to provide Client with consulting, representational and legal services pertaining to
employment relations matters, including representation in negotiations and in
administrative and court proceedings, as requested by Client or otherwise required by
law.
3. Fees, Costs, Expenses
Client 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 One Hundred Eighty
to Three Hundred Dollars ($180.00 - $300,00), and from One Hundred Five to One
Hundred Forty Dollars ($105,00 - $140.00) for time of paraprofessional staff, Attorney
reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July
1. Attorney will provide the Client with written notification of any adjustment in the
range of rates. Attorneys and paraprofessional staff bill their time in minimum units of
659669.1 LC001-009
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.
Client agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of Client. Attorney bills photocopying charges at Fifteen Cents ($35)
per page and facsimile charges at Fifty Cents ($0.50) per page. A Public Agency Fee
Schedule is attached to this Agreement,
Payment by Client against monthly billings is duo 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
rendored 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 Client 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 Client and Attorney over any other aspect of the
attornoy-client relationship, including, without limitation, a claim for breach of
$59669.1 LC001-009
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 judioial 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 Client's request, deliver the file
for the matter to Client, along with any funds or property of Client's in our possession. If
Client requests the file for the matter, Attorney will retain a copy of the file at the Client's
expense. If Client does not request the file for this matter, we will retain it for a period of
seven ('I) years after this matter is closed, If Client 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
Client. At any point during the seven (7) year period, Client may request delivery of the
file,
6, Asslenment
This Agreement is not assignable without the written consent of Client.
559669,3 LC001-009
7. Indenendent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms ¢
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of this Agreement, is an independent contractor and not an employee of Client.
8. Authority
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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 January 13, 2012, 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, JONES AND MAYER
A Professional Corporation
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Name:
Title:
Date:
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559669.1 X001-009 4
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Title:
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1. PUBLIC AGENCY FEE SCHBDULE
Hourly Rates (As of Agreement Effective Date)
Partners
Of Counsel
Associates
Paraprofessionals
Il. COST SCHEDULE
1, Photocopies
2, Facsimile Transmittal
559669.1 LC001-009
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$300.00
$265.00
$180.00 - $245.00
$105.00 - $140.00
$0.15 per copy
$0,50 per page