Resolution No. 9730PA
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RESOLUTION NO. 9730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR SPECIAL SERVICES BY AND BETWEEN
THE CITY OF VERNON AND LIEBERT CASSIDY WHITMORE FOR
EMPLOYMENT'RELATIONS MATTERS
WHEREAS, the law firm of Liebert Cassidy Whitmore, a
Professional Corporation ("Liebert"), specializes in providing
employment relations services to public agencies; and
WHEREAS, Liebert is willing to provide consulting,
representational and legal services pertaining to employment relations
matters as requested by the City on an hourly basis effective
September 22, 2008, subject to thirty (30) days written notice of
termination; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a contract with Liebert.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Special Services with Liebert, a copy of
which is attached hereto as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for,
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and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a copy of the
executed Agreement to:
Liebert Cassidy Whitmore
Attn. Richard M. Kreisler, Esq.
6033 W. Century Blvd., Suite 500
Los Angeles, CA 90045
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take any action
deemed necessary to carry out or to perform such other acts and deeds
as may be necessary or convenient to effect the purposes of this
Resolution and the transactions herein authorized.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 6thclay of October, 2008.
ATT ST:
MA UELA GIRON, Cit Clerk
Name: Leonis C. Malbura
Title: Mayor /
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9730, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, October 6, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRON, ity Clerk
- 3 -
EXHIBIT A
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 VERNON, 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 properly 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 City 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 range of hourly rates for Attorney time is from One Hundred Sixty to Two
Hundred Ninety Dollars ($1 b0.00 - $290.00), and from One Hundred to One Hundred
Thirty Dollars ($100.00 - $130.00) for time of paraprofessional staff. Attorney reviews
its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1.
Attorneys and paraprofessional staff bill their time in minimum units of one -tenth of an
hour. Communications advice (telephone,voice-mail, e-mail) is billed in a minimum
increment of three -tenths (.30) of an hour.
278358.1 VE060-001 I
City agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.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
attorney -client relationship, including, without limitation, a claim for breach of
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
27B358.1 VE060-001 2
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. Assignment
This Agreement is not assignable without the written consent of City.
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.
278358.1 VE060-001 3
8. Authority
The signators to this Agreement represent that they hold the positions set forth.
below their signatures, and that they are authorizedto execute this Agreement on behalf
of their respective parties and to bind their respective parties hereto.
9. Term
This Agreement is effective September 22, 2008, 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.
LIE13ERT CASSIDY WHITMORE, CITY OF VERNON,
A Professional Corporation A Municipal Corporation
:3
Title
Date t•/!/ . ,
278358.1 VE060-001 4
:
Title Mayor / Mayor Pro-Tem
Date
ATTEST:
By:
Manuela Giron, City Clerk
APPROVED AS TO FORM:
Jeff A. Harrison, City Attorney
I.
Il.
PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Contract Date)
Partners $260.00 - $290,00
Of Counsel $240.00 - $260.00
Associates $160.00 - $240.00
Labor Relations Professional $170.00 - $200.00
Paraprofessionals $100.00 - $130.00
COST SCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.50 per page
278358.1 VE060-001 5
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 21, 2008
Richard M. Kreisler, Esq.
Liebert Cassidy Whitmore
6033 W. Century Blvd., Suite 500
Los Angeles, CA 90045
Re: Agreement for Special Services for Employment Relations Matters
Dear Mr. Kreisler:
Transmitted herewith is a signed copy of the above -referenced
agreement, approved by City Council on October 6, 2008, through
Resolution No. 9730.
If you have any questions regarding this matter, please call Mr. Jeff
Harrison, at (323) 583-8811 ext. 173.
Ve y truly yours,
o'(_�
911Gi
City Clerk
NG:dr
c: Avigal Horrow
Resolution No. 9730
Agreement File No. 08-100
E Ccfusivefy Industfid
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 VERNON, A
Municipal Corporation ("City").
1. Conditions
This Agreement will not tape effect, and Attorney will have no obligation to
provide services, until City returns a properly 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 City proceedings, as requested by City or
otherwise required by law.
3. Pees,fosts, Expenses
City agrees to pay Attorney the sums billed monthly -for time spent by Attorney in
providing the services, including reasonable travel time.
The range of hourly rates for Attorney time is from One Hundred Sixty to Two
Hundred Ninety Dollars ($160.00 - $290.00), and from One Hundred to One Hundred
Thirty Dollars ($100.00 - $130.00) for time of paraprofessional staff. Attorney reviews
its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1.
Attorneys and paraprofessional staff bill their time in minimum units of one -tenth of an
hour. Communications advice (telephone; voice -mail, e-mail) is billed in a minimum
increment of three -tenths (.30) of an hour.
27e358.1 VE060-001
City agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($,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
attorney -client relationship, including, without finlitation, a claim for breach of
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
278358.1 VE060-001 2
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 lawn
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, Attomey 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. Assignment
This Agreement is not assignable without the written consent of City.
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.
278356.1 VE060-001 3
8. Authority
The signators to this Agreement represent that they hold the positions set forth.
below their signatures, and that they are authorizedto execute this Agreement on behalf
of their respective parties and to bind their respective parties hereto.
9. Term
This Agreement is effective September 22, 2008, ongoing and may be m.odifed
by mutual. agreement of the parties. This agreement shall be terminable by either party
upon thirty (30) days written notice.
LIEBERT CASSIDY WHITMORE,
A Professional Corporation
LOW
Title ( ' (,f / d._ a 1r'UrI Jvt.q;I
Date
278358,1 VF060-001 4
CITY OF VERNON,
A Municipal Corporation
Title Mayor /
Date
ATTES':
,,,,�By:
anuela Giron, i � Clerk
APPROVED TO FORM:
Oil
J A. rrison, City Attorney
I. PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Contract Date)
Partners $260.00 - $290,00
Of Counsel $240.00 - $260.00
Associates $160.00 - $240.00
Labor Relations Professional $170.00 - $200.00
Paraprofessionals $100.00 - $130.00
II. COST SCHEDULE
1. Photocopies
2. Facsimile Transmittal
278358.1 V9060-001 5
$0.15 per copy
$0.50 per page
RESOLUTION NO. 2010-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON CONFIRMING THE RELATIONSHIP WITH LIEBERT
CASSIDY WHITMORE
WHEREAS, on October 6, 2008, the City Council of the City of
Vernon adopted Resolution No. 9730 approving an Agreement (the
"Agreement") with Liebert Cassidy Whitmore ("Liebert") for employment
relations matters; and
WHEREAS, the City Council of the City of Vernon wishes to
confirm its relationship with Liebert to Offer their Services to the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
reaffirms the relationship with Liebert Cassidy Whitmore.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 1st day of November, 2010.
Name: Hilario Gonzales
Title: Mayor / -MA
ATT T:
Willard G. Ya ch', ity Clerk
2
STATE OF CALIFORNTA
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-160, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, November 1, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day ,of November, 2010, at Vernon, California.
Wi lard G. a agu City Clerk
(SEAL)
RECEIVED
r�rT282010
STAFF REPORT CIiY clRK°s OFFICE
City Attorney
DATE: October 27, 20 ]. 0
TO: Honorable Mayor and City Council
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: Liebert Cassidy Whitmore
Legal Services -
On October 6, 2008, the City Council approved Resolution Nol. 9730 thereby engaging the law
office of Liebert Cassidy Whitmore ("Liebert") regarding employment relations matters.
Recommendation
Due to new employment issues facing the City, it is hereby recommended that the City reaffirm
and reengage the City's relationship with Liebert.
cc: Mark Whitworth
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 16, 2010
Steven M. Berliner, Esq.
Liebert Cassidy Whitmore
6033 W. Century Blvd., Suite 500
Los Angeles, CA 90045
Re: Informed Consent Regarding Potential Conflict of Interest — City of Vernon/Ca1PERS
Client Matter: VE060/010
Dear Mr. Berliner:
Please find enclosed a signed copy of the above -referenced document.
If you have any questions regarding this matter, please call Mr. Mark Whitworth, at (323) 583-
8811 ext. 398.
&Clerk
,
GU
City
WGY:dj
Enclosure
c: Resolution Nos. 9730, 2010-160
Agreement File No. 08-100
Exclusivefy industriaf
LIEBERT CASSIDY WHITMORE
A PROFESSIONAL LAW CORPORATION � -
Los ANGELES I FRESNO I SAN FRANCISCO
6033 WEST CENTURY BOULEVARD, SUITE 500
Los ANGELES, CALIFORNIA 90045
T: (310) 981-2000 F: (310) 337-0837
SBERLINER@LC WLEGAL.COM
(310) 981-2002
December 10, 2010
CONFIDENTIAL
ATTORNEY -CLIENT PRIVILEGE
VIA U.S. MAIL AND EMAIL
mwhitworthAsi.vernon.ca.us
Mark C. Whitworth
City Administrator
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Re: City of Vernon/CaIPERS Issues
Client Matter: VE0601010
Dear Mr. Whitworth:
As you are aware, Liebert Cassidy Whitmore has been retained to represent the City of
Vernon ("City") related to the audit and related inquiries by the California Public Employees'
Retirement System ("CaIPERS") into the City's practices and procedures related to CaIPERS, as
well as its inquiries into member earnings, membership status and related matters. The formal
PERS audit commenced on December 6, 2010. We have also been asked to represent Eric
Fresch ("Fresch") and Eduardo Olivo ("Olivo") with regard to any inquiries. made by Ca1PERS
related to them, as well as to defend them in the event CaIPERS pursues any action which would
reduce or otherwise effect their retirement benefits. The purpose of this letter is to explain the
nature and consequences of this joint representation.
Joint representation inherently involves the "possibility" of conflicts between clients.
Accordinalv. the State Bar of California reauires that an attornev shall not, without the informed
written consent of each client, accept representation of more than one client in a matter in which
the interests of the clients potentially conflict, or accept or continue representation of more than
one client in a matter in which the interests of the clients actually conflict., (Rules of Professional
Conduct, Rule 3-310).
At this time, we wish to emphasize that we have not identified any actual conflict of
interest with respect to our representation of the City, Fresch and Olivo in this matter, nor do we
foresee a specific conflict of interest in the future. However, should a conflict or potential
conflict arise, we will advise you accordingly in writing. In the event of a disputeorconflict
between the City and/or between Fresch and Olivo, there is a risk that we may be disqualified
from joint representation absent written consent. Additionally, because we represent more than
one party, there are no =confidential communications regarding this matter as between Liebert
Cassidy Whitmore, the City and Fresch and Olivo. Anything disclosed to us may be disclosed to
464603.2 VE060-010 Iwww.lcwlegal.com
Mark C. Whitworth
December 10, 2010
Page 2
the other jointly represented parties, and vice -versa.
In the event of a conflict, we anticipate that we would continue to represent the City,
notwithstanding any adversity between any other individual and the City. Accordingly, we are
requesting that the City, Fresch and Olivo consent to the joint representation and that Fresch and
Olivo agree not to assert any conflict of interest or seek to disqualify us from representing the
City or the other individual at any time, notwithstanding any adversity that my develop between
the City, Fresch and Olivo.
Although the City, Fresch and Olivo are not currently defendants in litigation in this
matter, nonetheless, you may want to notify any insurance and casualty carriers which may
provide you with coverage in this matter, either for coverage for the attorneys' fees incurred, or
in the event CalPERS, Fresch or Olivo pursue claims against the City related to the matters at
issue. While no such claims may ultimately be brought, it is always better to take the cautious
approach with insurance and casualty carriers to place them on notice.
Assuming that the City agrees that we may jointly represent the City, Fresch and Olivo in
this matter, please arrange for an appropriate representative of the City to sign the attached
consent form to indicate the City's acceptance of representation under the terms specified above
and return it to me. We are seeking consent from the Fresch and Olivo for the joint
representation as well and will forward you copies of their signed consents as soon as we receive
them. Should you have any further questions or comments regarding the above, please do not
hesitate to contact me. We look forward to working with you on this matter.
Very truly yours,
LIEBERT CASSIDY WHITMORE
c��e��e�nnAr
SMB:DMB:cc
cc: George Mihlsten
Willard Yamaguchi
464603.2 VE060-010
INFORMED CONSENT REGARDING POTENTIAL CONFLICT OF INTEREST
By signing below, you are providing your informed consent to have Liebert Cassidy
Whitmore continue to represent the City of Vernon in the CalPERS investigation and audit and
any subsequent litigation that arises thereafter under the terms specified above.
Please do not sign your name if you have any questions. Please feel free to call me if you
have any questions.
M K C. WI-t►°rW"pn-1 Date
Ci'iY 1�DMINI SiRA°To(Z
464603.2 VE060-010