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 RICHMOND, A Municipal Corporation ('City").
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.
Attorney's Services
Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in litigation, negotiations and in administrative and court proceedings, as requested by City or otherwise required by law.
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 current range of hourly rates for Attorney time is from Two Hundred Ten to Three Hundred Seventy Dollars ($210.00 - $370.00), One Hundred Ninety-Five Dollars to Two Hundred Thirty Dollars ($195.00 - $230.00) for time of Labor Relations/HR Consultant and from Eighty to One Hundred Seventy Dollars ($75.00 - $170.00) for time of paraprofessional and litigation support 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, 1 8828341.1 LC001-009
paraprofessional and litigation support staff bill their time in minimum units of one-tenth 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 ($0.15) per page and facsimile charges at Twenty-Five Cents ($0.25) 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.
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 2 8828341.1 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 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.
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.
Assignment
This Agreement is not assignable without the written consent of City. 3 8828341.1 LC001-009
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.
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.
Term
This Agreement is effective March 13, 2019, 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 RICHMOND,
A Professional Corporation A Municipal Corporation
Bye
Name: J. Scott Tiedemann Name: Lisa stephenson
Title: Managing Partur Title:_ HR-prettr
Dao: 4/10/19 Date: 4,919
8828341.1 LC001-009
I. PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Agreement Effective Date)
Partners $370.00
Senior Counsel $320.00
Associates $210.00 - $300.00
Labor Relations/HR Consultant $195.00 - $230.00
Paraprofessionals & Litigation Support $80.00- $170.00
II. COST SCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.25 per page
5 8828341.1 LC001-009