Agenda Report
Fullerton City Council
MEETING DATE: MARCH 19, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: EDDIE MANFRO, DIRECTOR OF HUMAN RESOURCES PREPARED BY: PAMELA MACKIE, SENIOR HUMAN RESOURCES / RISK MANAGEMENT ANALYST SUBJECT: LEGAL SERVICES AGREEMENT WITH ACUMEN LAW, LLP FOR WORKERS’ COMPENSATION LITIGATION
SUMMARY
Consideration of legal services agreement with Acumen Law, LLP to continue to provide services specializing in workers’ compensation litigation.
PROPOSED MOTION
Approve and authorize City Manager to execute and administer Agreement for Provision of Legal Services with Acumen Law, LLP, in a form approved by the City Attorney.
ALTERNATIVE OPTIONS
Approve Proposed Motion
Do not approve the agreement and provide direction to staff Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
The City Manager recommends agreement with Acumen Law, LLP.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Fiscal and Organizational Stability.
FISCAL IMPACT
The Agreement for Provision of Legal Services amends the hourly rate from $175 to $190 and requires no additional funding for legal fees within the Workers’ Compensation Fund (Fund 65) as staff projects fees to remain within the Fiscal Year 2023-24 Adopted Budget.
DISCUSSION
City Council approved a legal services agreement with Acumen Law, LLP at a $175 hourly rate in September 2021. The firm originally requested a $235 hourly rate. Staff negotiated a $190 hourly rate effective October 1, 2023. The new hourly rate falls within industry standard for such specialized services.
The agreement includes a statement consistent with City Council direction that the attorney shall abide by all City policies concerning authorized communications with the media or the public on behalf of the City and that any communication with the media or public regarding legal matters on behalf of the City, not specifically covered by a City policy, is unauthorized unless approved by City Council.
Staff, with the concurrence of the City Attorney, recommends entering the agreement. Mr. Taliaferro would continue serving as attorney for cases as assigned by the City.
Attachments:
Attachment 1 – Agreement for Provision of Legal Services with Acumen Law, LLP cc: City Manager Eric J. Levitt
Legal Services Agreement with Acumen Law, LLP
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