Attachment 11H
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY
WHITMORE, A Professional Corporation ( "Attorney "), and the TOWN OF LOS
GATOS, A Municipal Corporation ("Town ")
1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to
provide services, until Town returns a properly signed and executed copy of this
Agreement.
2. Attornev's Services
Attorney agrees to provide Town with consulting, representational and legal
services pertaining to employment relations matters, including representation in
negotiations and in administrative and court proceedings, as requested by Town or
otherwise required by law.
Fees, Costs, Expenses
Town 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 to Three
Hundred Fifty Dollars ($200.00 - $350.00), One Hundred Ninety -Five Dollars to Two
Hundred Thirty Dollars ($195.00 - $230.00) for time of Labor Relations /HR Consultant
and from Seventy -Five 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
Town with written notification of any adjustment in the range of rates. Attorneys,
8438915.1 LC001 -009 ATTACHMENT 1
paraprofessional and litigation support staff bill their time in minimum units of one -tenth
of an hour.
Town agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of Town. 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 Town 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 Town 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 Town and Attorney over any other aspect of the
attorney - client relationship, including, without limitation, a claim for breach of
8438915.1 LC001 -009
Attachment 1
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 Town's request, deliver the file
for the matter to Town, along with any funds or property of Town's in our possession. if
Town requests the file for the matter, Attorney will retain a copy of the file at the Town's
expense. If Town 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 Town 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
Town. At any point during the seven (7) year period, Town may request delivery of the
file.
6. Assignment
This Agreement is not assignable without the written consent of Town.
8438915.1 LCOOI -009
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 Town.
S. Authori
The signatory 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 February 1, 2018, 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,
A Professi9pal Corporation
r..
8438915.1 LC001 -009
TOWN OF LOS GATOS,
A Municipal Corporation
BY,(t,'
Name:,il('ii 2
Date: i 2 Zi G 1
Approved as to form:
Robert Schul z Town Attorney
Date:
1.
II.
PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Agreement Effective Date)
Partners $350.00
Senior Counsel $305.00
Associates $200.00 - $285.00
Labor Relations /HR Consultant $195.00 - $230.00
Paraprofessionals & Litigation Support $75.00 - $170.00
COSTSCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.25 per page
8438915.1 LC001 -009