B0785-0001\2773191v1.doc
AGENDA REPORT
Meeting Date: February 7, 2023
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AGREEMENT BETWEEN CITY OF BEVERLY HILLS AND
LIEBERT CASSIDY WHITMORE, A PROFESSIONAL
CORPORATION, FOR EMPLOYEE RELATIONS AND
NEGOTIATION SERVICES
Attachments: 1. Agreement
RECOMMENDATION
It is recommended that the City Council approve the agreement with Liebert Cassidy Whitmore ("LCW") for legal services in connection with employee relations and labor negotiation services.
INTRODUCTION
This City desires to have LCW continue providing legal services to the City in connection with labor negotiations and employment law. The law firm has requested a rate increase to the firm’s hourly rates. The proposed agreement would continue these services and will provide a rate adjustment
DISCUSSION
Liebert Cassidy Whitmore has been providing labor negotiation and employment law services to the City for a number of years. The law firm has requested a rate increase to the firm’s hourly rates from $350 to $405 for partners, $300 to $347 for special counsel, $200-$280 to $271-$324 for associates, and $125-$160 to $145-$185 for paraprofessionals. The agreement is for a period of four years and the rates will be set at their current level for those four years. The proposed increase in rates has been reviewed and recommended by the City Council Litigation Committee of Councilmembers Gold and Friedman.
D-3
Meeting Date: February 7, 2023
B0785-0001\2773191v1.doc
FISCAL IMPACT
In future years, costs associated with this agreement will depend on the length of negotiations with various bargaining units and the need for other employment law services from LCW. Funding has already been set aside in the 2022-2023 fiscal year budget to accommodate expenses related to this agreement.
Laurence S. Wiener,
City Attorney
Approved By
Attachment 1
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AGREEMENT BETWEEN CITY OF BEVERLY HILLS AND
LIEBERT CASSIDY WHITMORE, A PROFESSIONAL
CORPORATION, FOR EMPLOYEE RELATIONS AND
NEGOTIATION SERVICES
NAME OF ATTORNEY: Liebert Cassidy Whitmore
RESPONSIBLE PRINCIPAL OF ATTORNEY: J. Scott Tiedemann, Managing Partner/President
ATTORNEY’S ADDRESS: 6033 West Century Boulevard
Los Angeles, CA 90045
Attention: J. Scott Tiedemann
ATTORNEY’S E.I.N/TAX I.D. NO.: 95-3658973
RESPONSIBLE PRINCIPAL OF CITY: Laurence S. Wiener
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Laurence S. Wiener, City
Attorney
COMMENCEMENT DATE: July 1, 2022
TERMINATION DATE: July 1, 2026
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 2 B0785-0001\2769373v2.doc
AGREEMENT BETWEEN CITY OF BEVERLY HILLS AND
LIEBERT CASSIDY WHITMORE, A PROFESSIONAL
CORPORATION, FOR EMPLOYEE RELATIONS AND
NEGOTIATION SERVICES
THIS AGREEMENT is made and entered into by and between the City of Beverly Hills, a municipal corporation (hereinafter "City") and Liebert Cassidy Whitmore, a professional corporation (hereinafter "Attorney").
R E C I T A L S
1. City desires to continue to retain expert representation and consultative services to assist City in its relations and negotiations with its employee organizations; and
2. The term of this Agreement shall commence upon expiration of the previous Agreement as set forth on the cover page of this Agreement and supersedes the previous agreement .
2. Attorney is specially experienced and qualified to perform the services desired by the City and is willing to perform such services; NOW, THEREFORE, City and Attorney, in consideration of the covenants contained herein, mutually agree as follows:
1. Attorney shall perform for the City all necessary and reasonable legal services relating to employer-employee organization relations, including the following:
A. Providing advice to the City Council, City Manager, and City Attorney and such persons that they may designate.
B. Representing City in negotiations with employee organizations as requested by City.
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C. Drafting of Memorandums of Understanding.
D. Attending planning and study sessions with City Council and City Management.
E. Assisting in administering Memorandums of Understanding.
F. Providing City with investigative services including any preparation and witness time in hearings, depositions, and trial, as requested by City.
G. Performing other legal services as requested by City in writing.
2. For Attorney's aforesaid services performed under this Agreement, City shall pay Attorney a professional fee at the rates set forth in Exhibit A, attached hereto and incorporated herein. Attorney shall bill City in one-tenth (1/10) of an hour increments for all services billed at the hourly rates set forth in Exhibit A.
3. City shall reimburse Attorney for actual expenses reasonably incurred in the performance of the services under this Agreement for long distance telephone calls, court costs, services of process, messengers, deliveries, postage and other similar services incidental to the performance of this Agreement. However, before incurring any indebtedness which is of a substantial nature or which is not an ordinary and usual expense, prior approval shall be obtained from the City Attorney. City shall not reimburse or pay Attorney for word processing, document preparation or clerical tasks. City shall reimburse Attorney for computerized research at Attorney’s actual costs. City and Attorney agree that Attorney shall be reimbursed not more than Fifty Cents ($.50) per page for facsimile transmissions, with a maximum charge of Forty-Five Dollars ($45.00) for any individual facsimile transmission, and Five Cents (5¢) per page for photocopies.
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4. The services furnished by Attorney shall be under the direction and supervision of the City Attorney.
5. Attorney shall submit monthly statements for services rendered in duplicate setting forth in detail a description of the nature of the services rendered and the hours required for their rendition during the preceding month to the City Attorney on or before the 20th of the following month. Any expense over $250 shall include the appropriate documentation for that expense. Attorney shall also comply with the City of Beverly Hills Billing Guidelines, attached hereto and incorporated herein as Exhibit B, and shall provide an electronic version of the fee and expense entries included in each monthly statement for all litigation matters. For all other matters, Attorney shall provide the electronic version of the fee and expense entries if requested by the City Attorney. The electronic version must be provided in the LEDES 1998B format or in another format acceptable to the City Attorney.
6. Attorney shall indemnify, defend, and hold harmless City, City Council, its officers, agents, and employees, from any and all claims or losses arising from the wrongful or negligent action or inaction of Attorney or any person employed by Attorney in the performance of this Agreement. All duties of Attorney shall survive termination or expiration of the Agreement.
7. Attorney shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 5 B0785-0001\2769373v2.doc
combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Attorney.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Attorney in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Five Million Dollars ($5,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by City. Further, Attorney agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) Attorney shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) Attorney agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Attorney’s expense, the premium thereon.
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(e) At all times during the term of this Agreement, Attorney shall maintain on file with the City Clerk a certificate or certificates of insurance on the form set forth in Exhibit B, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. Attorney shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the City as an additional insured. (f) Attorney shall provide City with thirty (30) days prior written notice if the policies required under this Agreement will be canceled or reduced. All of the policies required under this Agreement shall state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (g) The insurance provided by Attorney shall be primary to any coverage available to City. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Attorney shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Attorney shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit City’s right to recover against Attorney and its insurance carriers.
8. The term of this Agreement shall be four (4) years, commencing July 1, 2022.
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9. City may terminate this Agreement at any time. In the event of such termination, Attorney shall be paid for all services rendered to City as of the date of termination, plus reimbursement for reasonable out of pocket expenses previously incurred.
10. Nondiscrimination by Attorney. In the performance of this Agreement, Attorney assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). Attorney shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
11. Infectious Disease
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A. The federal government and State of California, the County of Los Angeles, and City have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for City employees and the community, City is requiring all contractors and Attorney to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors assigned to City projects that come onsite to any City facility to perform services under the Agreement (collectively “Attorney employees”).
B. Attorney shall notify City immediately in writing if Attorney employees have come in contact with anyone with an infectious disease or has contracted an infectious disease.
Such Attorney employees shall immediately cease performing services at City facilities under the Agreement.
C. Attorney shall monitor Attorney employees’ signs and symptoms with written logs. Attorney shall maintain a daily recording of the following:
1. Require Attorney employees to take their temperature each time they enter and exit City facilities (both before and after work is performed at City facilities).
2. If Attorney employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, Attorney shall:
(a) Direct Attorney employees not to report to work.
(b) Contact your City Responsible Principal.
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3. Attorney shall ask employees to identify any close contact they had with others at a City facility during the 48 hours prior to symptom onset or positive test, if asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.
4. Attorney shall disinfect all areas that Attorney’s employees come in contact with while performing services under the Agreement before and after usage.
5. Attorney employees shall not return to any City facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * Attorney acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance workplaces.
D. Attorney shall also maintain daily monitoring and record keeping in connection with City projects where Attorney employees come on site for the following information:
1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
2. Attorney employees are not working while sick.
3. Attorney shall notify their City Project Manager or City Responsible Principal prior to reporting on site daily.
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4. Attorney shall contact their City Project Manager or City Responsible Principal to reschedule non-essential services.
E. Attorney shall provide employees with handwashing and sanitizing equipment.
These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.
Attorney shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.
For the latest City updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
City reserves the right to review Attorney’s daily logs to ensure compliance with this Agreement. City has the right to send Attorney employees home who do not comply with these requirements. Attorney shall maintain the recordings and logs in accordance with the Agreement.
For questions, please contact City’s Responsible Principal or Risk Management at 310- 285-1073.
12. This Agreement is a personal service agreement for the services of Attorney and may not be assigned by Attorney. This Agreement may not be amended without the written agreement of both parties hereto.
13. It is understood that the relationship of Attorney to City is that of an independent contractor.
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14. Attorney agrees not to accept any employment during the term of this Agreement by any other person, firm or corporation which employment may create a conflict of interest with the interests of City.
15. Attorney shall, at its own costs and expense, provide all facilities and equipment which may be required for performance of services required by this Agreement.
16. In the performance of this Agreement, Attorney shall comply with all applicable provisions of the California Fair Employment and Housing Act (California Government Code Sections 12900 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 2203 - 217), whichever is more restrictive.
17. This Agreement represents the entire and integrated Agreement between City and Attorney and supersedes any and all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both City and Attorney.
18. All notices pertaining to this Agreement shall be in writing and shall be addressed as follows:
City of Beverly Hills
City Attorney
455 North Rexford Drive, Suite 230
Beverly Hills, California 90210
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Liebert Cassidy Whitmore
J. Scott Tiedemann
6033 West Century Boulevard
Los Angeles, California 90045
Executed this ______ the day of __________________, 202__, at Beverly Hills, California.
CITY OF BEVERLY HILLS,
a municipal corporation
LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
LIEBERT CASSIDY WHITMORE,
a professional corporation
J. SCOTT TIEDEMANN
Managing Partner/President
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
JEFF S. MUIR
Director of Finance
[Signatures continue]
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SHELLEY OVROM
Director of Human Resources
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 Exhibit A
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EXHIBIT A
HOURLY RATES
Attorney shall be compensated at the following hourly rates:
Partners $405.00
Special Counsel $347.00
Associates $271.00 -$324.00
Paraprofessionals $145.00-$185.00
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EXHIBIT B
CITY OF BEVERLY HILLS, CALIFORNIA
GUIDELINES FOR LEGAL SERVICES
These Guidelines for Legal Services are issued by the City of Beverly Hills, California (the “City”) and apply to all legal matters being handled for the City. These Guidelines for Legal Services are effective January 6, 2023 and continue in effect until modified or terminated by the City.
GENERAL EXPECTATIONS
The City expects all legal services providers to assist the City with timely and efficient problem resolution and reasonable avoidance of risk. We anticipate that this will require frequent telephonic and written communication regarding the status of all matters and timely notice of upcoming decision points. The City Council regularly meets on the first and third Tuesdays of each month. Information to be considered by the City Council is provided to the Council on the Friday preceding those meetings.
The City also requests adherence to the reporting and billing guidelines in the following pages.
Nothing contained in these guidelines is intended to restrict counsel’s exercise of professional judgment in rendering legal services for the City. No prior approval is necessary for any specific activity where the circumstances are such that obtaining prior approval would jeopardize the effective representation of the City. In such case, the City should be advised as soon as possible after the activity.
Counsel should direct any questions concerning the Guidelines for Counsel, or Beverly Hills policies and procedures to:
Laurence S. Wiener, Esq.
Beverly Hills City Attorney
Beverly Hills City Hall
455 N. Rexford Drive, Suite 230
Beverly Hills, CA 90210
Telephone: 310-285-1055
FEES
We understand that your fees will be charged at the hourly rates set forth in your legal services agreement with the City. As provided in that agreement, each timekeeper assigned to a City matter and not otherwise approved in the legal services agreement to work on the matter, must be approved in writing in advance by providing to Mr. Wiener the timekeeper’s name, position, and billing rate prior to beginning any billing activity, as well as an explanation of the need for the timekeeper to work on the matter.
Any third parties to be retained by your firm, such as expert witnesses, must be approved in advance by the City. Such approval shall be documented in the billing statements by including in DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 -3-
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the billing entry related to this approval the date of the authorization and the name of the person giving the authorization
COSTS AND EXPENSES
In general, the City expects that law firms and individual lawyers will take all reasonable steps to minimize the amount of costs and expenses charged in connection with a City legal matter. The City will reimburse a law firm for costs and expenses classified as reimbursable in the legal services agreement and actually incurred in connection with the matter, so long as they are: (1) appropriate for completing the matter; (2) competitive with other sources of the same product or services; (3) reasonable in amount; and (4) in accordance with the Fees, Costs, and Expenses Guidelines set forth in Attachment A.
BILLING FREQUENCY AND FORMAT
All counsel must bill all matters on a monthly basis, and all fees and expenses incurred during that month should be included on the invoice for that month. All invoices for the month should be submitted at one time as a single submission. Absent extraordinary circumstances, no billing entries from prior billing cycles or late billing entries will be accepted or considered. Exception will be made if the billing entry relates to goods or services provided by third-parties where the third-party invoices are not received in time to be included on a prior bill.
In order to facilitate prompt payment, law firms shall comply with these billing format requirements:
1. The firm must bill each matter with a separate invoice with the firm’s own invoice number. (Invoice numbers must be unique as to each separate matter).
2. For each matter’s invoice, the firm shall submit a cover page, which lists the following information:
A. The title of the matter. For litigation matters this should include the claim number or the case number and the court in which the matter has been filed.
B. The firm’s name, address, telephone number, fax number, and e-mail.
C. A summary and reconciliation displaying for each timekeeper the biller’s name, firm identifier, position, rate, the total hours billed for that invoice, and the total fees billed for the invoice. (This may be included at the end of the invoice, rather than on the cover page.)
D. The firm’s assigned invoice number, the billing period, the total amount billed for that invoice, and the contact person for billing.
E. If the invoice is a final bill, then the firm must prominently note that the invoice is final on the cover sheet (i.e., a “FINAL BILL” stamp may be used).
F. The firm should carry forward any outstanding unpaid amount to the following invoice.
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3. For each invoice, the firm must submit an itemized billing that includes for each fee entry:
G. The date each task is performed.
H. The firm identifier (e.g., initials or timekeeper number) of the timekeeper that performed each task.
I. The hours billed for the task, reflecting the actual time spent on each activity.
J. A clear description of the activity performed (block, group, or cluster billing is not acceptable and each task must be billed as a separate entry — embedded time is not allowed).
K. Total fees billed for each entry.
4. For each invoice, the firm must submit an itemized billing that includes for each expense entry:
The date that each expense was incurred.
L. The firm identifier (e.g., initials or timekeeper number) of the timekeeper associated with the expense, if any.
M. The number of units (e.g., number of copies, number of miles, etc.) associated with each expense.
N. The rate at which the expense is billed (e.g., per-page rate for photocopies, or mileage rate for automobile travel).
O. A clear description of the expense incurred.
P. The total amount billed for each expense.
5. As noted above, certain billing tasks and expenses require the approval of the City. For billing entries for which such approval is required, the firm must include the name or identifier of the approving person and the date of such approval in at least one task description relating to the authorized activity in each monthly submission. [Example: “Phone conference with J. Doe, accident reconstruction expert, re photographs of accident scene (expert retained per L. Wiener)]. Any such authorizations should be included at least once regarding activities that require authorization in each billing period’s submitted invoices.
REPORTING OBLIGATIONS
The City expects to be kept closely involved with the progress of all matters. In general, the City should be kept apprised in writing of all significant developments in the case. Copies of all legal memoranda and pleadings should be provided to the City unless otherwise directed. Please do not send copies of correspondence to other counsel, depositions, interrogatories, voluminous DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 -5-
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discovery documents, or other work product without the specific request of the City. The City Attorney may also request periodic conference calls regarding the status of any particular matter.
STAFFING
While there may be several attorneys working together on a case, the number of attorneys participating in any single event should be held to the minimum necessary to efficiently accomplish a task. During the course of the firm’s engagement, it may be necessary or advisable to delegate various portions of the case to different firm attorneys, paralegals and law clerks.
Subject to the prior approval of personnel as discussed above, the firm should exercise discretion in making such assignments. In any event, the City will not pay for the training of attorneys.
The City expects that law firms will assign tasks among attorneys, paralegals and law clerks in a manner commensurate with the level of expertise required in the most cost effective manner possible. In this regard, the City expects that paralegals or law clerks are the appropriate timekeepers to be assigned to perform routine tasks including, but not limited to, drafting routine notices for depositions, subpoenas, medical authorizations, necessary deposition summaries, and routine discovery requests. Billing for such activities by attorneys will be adjusted so that the firm is compensated for these activities at the firm’s paralegal rate.
BUDGETING
Please refer to Attachments D and E, which describe the initial litigation plan and budget work plan the City requires for significant pieces of litigation. A “significant piece of litigation” is litigation where attorney fees are expected to exceed $50,000. In these cases, we expect that the overall litigation plan and budget be updated at 6-month intervals following completion of the initial 60-day budget plan.
BEVERLY HILLS APPROVAL
In any case, where approval of the City is required, absent written notice to the contrary, only Laurence S. Wiener, City Attorney, is authorized to give such approval for the City. When required by these guidelines, the billing entries should identify the person granting approval.
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ATTACHMENT A
FEES, COSTS. AND EXPENSES GUIDELINES
(1) Except as otherwise specifically provided in a legal services agreement, the City WILL reimburse the following fees, costs, and expenses:
Fees incurred that are submitted in accordance with Attachment B—Billing Guidelines. Filing fees and court costs, exclusive of costs related to penalties or sanctions imposed by a court due to the conduct of the law firm representing the City. Fees billed in connection with travel that are billed at the timekeeper’s current approved hourly rate. Fees may not be billed for travel between two different offices of your firm. Reasonable costs and expenses in connection with out-of-town travel (coach class air travel/standard size automobile rental/reasonable lodging and meals). Long distance telephone calls, courier charges or overnight delivery (unless such charges are caused by the law firm’s delay in preparing materials), deposition costs, transcript costs, and expert witness fees, provided that they are charged at your firm’s actual cost without markup.
Photocopies at the rate of $0.10 cents per copy. Entries must include the number of copies made.
Long-distance toll charges associated with long distance facsimiles. Expenses associated with the use of LEXIS or WESTLAW provided that such services are being used only when necessary and in a cost-efficient manner. Any computer research is to be billed at actual cost without markup for overload. As most firms are billed for such services at a flat monthly rate, the City expects to be allocated a percentage share of such charge and not the vendor’s time-use charge. Documentation to support the allocation will be required.
(2) Except as otherwise provided in a legal services agreement, Beverly Hills WILL NOT reimburse for any of the following:
Conflict of interest checks; file opening charges; legal training; educating new or substitute attorneys; proofreading by more than one attorney; attempted telephone calls; local transportation or meals; laundry, dry cleaning, in-room movies, minibar charges, bar or alcohol charges, or other similar personal expenses associated with out-of-town travel; time spent at meals or social activities; time spent in preparing bills; file closing charges; specialty rates or premiums unless specifically agreed to in writing, in advance, DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 -7-
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by the City. Such approval is documented by stating in the billing entry the date of the authorization and the name of the person giving the authorization. Out-of-town travel between different locations of the same firm. The City’s matter has been assigned to your firm at a specific location. Any decision to staff the matter with timekeepers from another location is considered a firm overhead expense. As such, the hours, fees, and expenses for such travel will not be compensated or reimbursed unless Beverly Hills provides separate approval.
Office and professional overhead costs for items such as: office space or storage; office equipment or supplies; secretarial and clerical time; word processing; overtime charges (unless approved in advance by Beverly Hills in writing); telephone or ordinary postage charges; books, subscriptions, or educational materials; professional association or membership fees; and similar expenses.
The City will not accept any charges for intraoffice conferences that are administrative or clerical in nature.
The attendance of more than one attorney at an oral argument, deposition, trial, or any meeting is discouraged. However, the City recognizes that certain conditions may require the presence of more than one attorney. In such case, the prior approval of Beverly Hills is required. Such approval is documented by stating in the billing entry the date of the authorization and the name of the person giving the authorization.
There should be no standard minimum charges for services performed such as telephone calls or file review. Only the actual time expended should be charged. If research by attorneys or paralegals on a matter has application to other firm clients, the City should be billed only its proportionate share. The City should not be charged for routine legal research such as local practice rules or general research that the City expects counsel to fully know and understand.
Legal research on matters of common knowledge for a reasonably experienced practitioner will be considered routine and will not be paid.
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ATTACHMENT B
BILLING GUIDELINES
(1) Please refer to the “Recommended Billing Format” details set forth below and the attached sample statement. All billing statements must include the following:
Identification of the matter.
The billing period covered by the statement.
MONTHLY FEES - For each item of work performed, the bill should include the date the work was performed; the identification of each attorney/paralegal/clerk (a “Service Provider”) who rendered the service; a narrative description of the work performed; the amount of time charged in 0.10-hour increments; the applicable hourly rate; and the total cost of that item of work.
MONTHLY FEES SUMMARY - A summary showing the identification and level (e.g., partner, associate, paralegal) of each Service Provider, the aggregate hours billed, the applicable hourly rate, and the cost of work on the matter during the billing period. MONTHLY COSTS AND EXPENSES - Itemization of the total costs and expenses for the case during the billing period and the number of units of each item of expense. CUMULATIVE FEES SUMMARY - A summary showing the identification and level of each Service Provider, the aggregate hours billed, the applicable hourly rate, and the cost of work on the case from its inception.
CUMULATIVE COSTS AND EXPENSES SUMMARY - Itemization of the total costs and expenses for the case from its inception.
NOTE:All time must be billed in increments of 1/10th of an hour. (2) Attached is the recommended billing format for your review. While your bill can be formatted differently to accommodate your existing administrative systems, it must provide the foregoing information.
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 -9-
B0785-0001\2769373v2.doc
RECOMMENDED BILLING FORMAT
EIFS Date: April 18, 1996
Date Attorney Description Time Rate
Total
Cost
1/3/05 JJM Review file to prepare Answer to
Interrogatories
.50/hrs. $100 $50.00
1/9/05 KDC Review Interrogatories from Plaintiff .30/hrs. $35 10.50 1/11/05 MMF Trial preparation: draft Motion in
limine
.60/hrs. $80 48.00
1/14/05 JJM Review Answer to our Motion in
limine
.20/hrs. $100 20.00
1/20/05 MMF Research re allocation of damages
for Motion in limine response
(authorized by L. Weiner 1/16/05)
1.30/hrs. $80 104.00
1/21/05 MMF Letter to client re: conference results .l0/hrs. $80 8.00
TIMEKEEPER SUMMARY - THIS BILL
Hours Rate Total
JJM, Partner .70 $100 $ 70.00
MMF, Assistant 2.00 $80 160.00
KDC, Paralegal .30 $35 10.50
Total 3.00 $240.50
DISBURSEMENTS - THIS BILL
Photocopies (17 copies) $0.85
Long Distance (12/20/04 —215/555-1234) $2.70
Total $3.55
TOTAL FEES $240.50
TOTAL DISBURSEMENTS 3.55
TOTAL BILL $244.05
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 -10-
B0785-0001\2769373v2.doc
ATTACHMENT C
REPORTING GUIDELINES
(1) INITIAL PLAN: Beverly Hills requests an initial litigation plan and budget work plan within sixty (60) days of your receipt of the assignment of significant litigation. Significant litigation shall include any case where attorney fees are expected to exceed $50,000. The initial litigation plan should include the following information. Please refer to Attachment D for the related budget work plan requirements.
Case Summary
Incident Date (if applicable)
Date answer filed
Brief description of the case
Plaintiffs’ claims/relief sought
Principal factual and legal issues
Other defendants
Jurisdiction/judge/attorneys
Proposed Litigation/Settlement Plan
Identify the strengths and weaknesses of both plaintiff’s and defendant’s cases Identify litigation objectives
Summarize the plan of action for achieving the litigation objectives If appropriate, describe a potential settlement plan and alternatives related thereto Proposed Plan of Work up to Pretrial
Work directed to the initial pleadings
Initial fact investigation
Preliminary legal research
Drafting responsive pleadings (answers, counterclaim, cross-claim, third party claim, etc.)
Opponent’s anticipated activity
Discovery of facts
Interrogatories
Requests for Production/Admissions
Other written discovery
Deposition of fact and expert witnesses
Opponent’s anticipated activity
Anticipated third party discovery
Anticipated role of consultants and expert witnesses
Other legal research
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 -11-
B0785-0001\2769373v2.doc
Possibility of Motion to Dismiss/Motion for Summary Judgment (2) STATUS REPORT Beverly Hills requests a status report upon any material change in the case, following the completion of the Initial Plan indicating any material additions, deletions or changes from the Initial Plan, particularly in the areas of strategy, liability, settlement, and budget.
(3) MEDIATION/ADR REPORT: The City requires that mediation/ADR reports with recommended strategy and settlement authority be provided to the City at least three weeks prior to the scheduled date of mediation/ADR to allow for such reports to be reviewed and to obtain direction from the City Council at a regularly scheduled closed session meeting of the City Council. Upon consultation with the City Attorney to determine the City Council meeting schedule, the date for submission of the report may be revised provided that the City Council meeting schedule can accommodate a later date. The City Council normally meets on the first and third Tuesday of the month. All memoranda to be distributed to the City Council for consideration will be distributed on the Friday before a Tuesday meeting.
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 -12-
B0785-0001\2769373v2.doc
ATTACHMENT D
PRELIMINARY LITIGATION BUDGET
CASE ACTIVITY
BUDGET FOR THE
NEXT 6 MONTHS
Case Assessment, Development and Administration
Pretrial Pleadings and Motions
Discovery
Trial Preparation and Trial
Appeal
Expenses
Proposed Litigation Staffing:
NAME HOURLY RATE
Primary Attorney
Partner
Associate
Paralegal
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 B0785-0001\2769373v2.doc
ATTACHMENT E
PRETRIAL/TRIAL AND POSTTRIAL REPORTING
AND TRIAL BUDGET
(1) PRETRIAL REPORT: The City requests a pretrial report at least forty-five (45) days prior to the trial date. The report should include the following information and counsel recommendations:
Status of lawsuit
Future discovery planned or to be completed prior to trial Explanation of overall defense strategy
Damages alleged (injury, medical expenses, lost wage amount, disability, lien) Evaluation of the jurisdiction, judge and plaintiff attorney Evaluation of the City’s exposure, including percentage chance of a defense verdict; potential adverse verdict amount; jury verdict potential at 100% liability; settlement value and recommended settlement amount, if any, prior to trial; and the status of settlement negotiations, if any
Current demand for settlement and settlement authority requested, if any Estimated defense fees and costs through trial (see below) Counsel recommendations
CASE ACTIVITY
BUDGET THROUGH
TRIAL
Trial
Miscellaneous Work
Expert Witness Consulting Fees
Other Miscellaneous Costs and Expenses
Total Budget
(2) TRIAL REPORT: The City requires a daily report by telephone regarding the status of the trial. The report shall be provided to the City Attorney, unless otherwise directed by the City Attorney.
(3) POSTTRIAL REPORT: Beverly Hills requests a post-trial report within five (5) days after the conclusion of a trial. The report should include:
A synopsis of the trial
An appeal recommendation, if appropriate, which should include the issues and an opinion on the odds of prevailing on appeal
Estimated timeframe for the appeal process, if an appeal is recommended, and the associated legal fees and costs.
DocuSign Envelope ID: DCD19C78-D2F9-4292-86CC-B4DD30F6EE48 Certificate Of Completion
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 208.87.234.180
Record Tracking
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Liebert Cassidy Whitmore
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City of Beverly Hills
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