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Home My WebLink About06141 - LEIBERT CASSIDY WHITMORE EMPLOYMENT RELATIONS CONSULTING 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 PALM SPRINGS, 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 property,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 total remuneration paid pursuant to this agreement shall not exceed Twenty Five Thousand Dollars ($25,000). 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- $140.00) for time of paraprofessional staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the City with written notification of any adjustment in the range of rates. Attorneys and paraprofessional staff bill their time in minimum units of one- 532495.1 PA026-001 1 tenth of an hour. Communications advice(telephone,voice-mail, e-mail) is billed in a minimum increment of three-tenths (.30) of an hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents($.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. 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 attomey-client relationship, including,without limitation, a claim for breach of 532495.1 PA026-001 2 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. AssiQnment This Agreement is not assignable without the written consent of City. 532495.1 PA026-001 3 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. 8. Authori 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 September 13, 2011, 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 PALM SPRINGS, A Professional Corporation A Municipal Corporation By: By: o t Tie emann David H. Ready anaging Partner City Manager Date: ' L tj' Date: Attest: AMES THOMPSON City Clerk APPROVED BY CITY MANAGER A414-1 ►rt� �ZS 532495.1 PA026-001 4 I. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners $300.00 Of Counsel $265.00 Associates $180.00 - $245.00 Paraprofessionals $105.00- $140.00 II. COST SCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.50 per page 532495.1 PA026-001 5 LIEBERT CASSIDY WHITMORE A PROFESSIONAL LAW CORPORATION 6033 W.Century Boulevard,Suite 500 Los Angeles,California 90045 Tel: (310)981-2000 • Fax: (310)337-0837 www.lcwlegatcom Jeri Harding Accounts Receivable jharding@lcwlegal.com (310) 981-2077 fV '� September 27, 2011 `y o nm n -nm trn t "m v < 1 A Jay Thompson oc City Clerk 3 �o City of Palm Springs 3200 East Tahquitz Canyon Way N .0 c� Palm Springs, CA 92262 Re: Agreement for Special Services Dear Mr. Thompson, Enclosed,please find a fully executed original Agreement for Special Services between the City of Palm Springs and Liebert Cassidy Whitmore. Per your instructions, I have kept an original for our file and I am forwarding this original for your files. Should you have any questions or need additional information, please do not hesitate to contact me at(310) 981-2077. Sincerely, LIEBERT CASSIDY WHITMORE Jeri Hardin Accounts Receivable Enclosure Los ANGELES • SAN FRANasco• FRESNO