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CC - Item 4B - Legal Service Agreement Between The city And The Law Firm Of Goldstein, Kennedy & Petitio10i4?/A TO: HONORABLE MAYOR AND MEMBERS ROSEMEEAD CITY COUNCIL 19" FROM: BILL CIrOWE, CITY MANAGER DATE: DECEMBER 2, 2002 RE: LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW FIRM OF GOLDSTEIN, KENNEDY & PETITO FOR RETAINER SERVICES RELATING TO PERSONNEL AND EMPLOYEE RELATIONS LAW MATTERS Attached for your consideration is information regarding the aforementioned agreement pertaining to retainer services from the firm of Goldstein, Kennedy & Petito. The retainer fee of $350.00 per month would cover all personnel and employee law matters including updating personnel policies and procedures. The agreement would run calendar year to calendar year and would be renewable annually unless notice of cancellation is given in writing by either party sixty (60) days prior to the end of the twelve month period. Excluded would be the Farinella case and any other case before a court or board. Such cases would be under a separate agreement. The agreement has been approved as to form by the City Attorney. RECOMMENDATION It is recommended that the Rosemead City Council approve the attached agreement between the City and the law firm of Goldstein, Kennedy & Petito. COUNCIL AG-EINDA DEC 10 2002 ITEM No. V THE LAW FIRM OF GOLDSTEIN, KENNEDY & PETITO TELEPHONES 1880 CENTURY PARK EAST, SUITE 1018 13101553-4746 (800) 826-0113 CENTURY CITY LOS ANGELES. CALIFORNIA 90067 November 19, 2002 BY FACSIMILE NO. 626-307-9218 AND BY FIRST CLASS MAIL Mr. William Crowe City Manager City of Rosemead 8538 E. Valley Boulevard Rosemead, CA 91770 Dear Mr. Crowe: FAX 1310) 262-8070 www.gkplaw.com This letter is to serve as a proposal from the firm of Goldstein, Kennedy & Petito to assist the City of Rosemead in personnel and employee relations law matters. Goldstein, Kennedy & Petito would be willing to enter into a $350 a month retainer arrangement with the City for the period of twelve months, commencing January 1, 2003 and ending December 31, 2003, which would be renewable from year to year, unless notice of cancellation is given in writing by either party sixty (60) days prior to the end of the twelve month period. Such assistance would iuciude ieiepilone advice and counsei and periodic conferences with city staff and the City Council regarding personnel and employee relations law matters including but not limited to: Drafting and updating personnel policies and procedures, pre and post disciplinary issues, the proper application of City personnel policies, practices and procedures in light of the existing state and federal legal requirements, compliance with state employment and labor laws applicable to local government, and federal and state anti-discrimination laws. Excluded from the legal services to be provided under this retainer arrangement are the following: Any services related to Farinella v. City of EAROSEMEADNOTEM007. W PD Rosemead, Los Angeles County Superior Court Case No. 02C02167, any other proceedings before any state and or federal courts or administrative agency, any hearings, whether before a personnel board, administrative agencies or courts and/or any cases involving alleged violations of Labor Code section 132(a) and/or Labor Code section 4553. Such services would be provided under a separate fee arrangement should the City desire our firm to represent it in any of those matters. The retainer arrangement would give your City instant telephone access to knowledgeable professionals, as well as the ability to have periodic conferences to discuss its personnel policies and employee problems. In this way, we believe future personnel problems, which often result in costly litigation, can be lessened and in many cases avoided. If you have any questions regarding this matter, please feel free to contact me. CHG/hj -2- EAROSEMEAMNOTES\007. W PU Councilman Taylor asked if there was a dollar amount on this case. Bill Crowe, City Manager, responded that there was not. However; there was an opened-ended amount that refers to "other things". " Robert Kress, City Attorney; stated that there was a public record claim made prior to initiation of this lawsuit in the amount of $15,000. MOTION BY COUNCILMkN IIvIPER1.4iL, SECOND BY MAYOR PRO TEM VASQUEZ that the Council approve the agreement between the City of Rosemead and the law firm of Goldstein, Kennedy & Petito. Vote resulted: Yes: imperial; Bruesch, Clark, Vasquez No None Absent: None Abstain: Taylor Councilman Taylor stated that he abstained because the information' received is not clear on what the amount the claimant is asLima for. CC-B LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW F1101 OF GOLDSTEIN', KENNEDY & PETITO FOR RETAINER SERN71CES RELATING TO PERSONNEL AND .E111PLOYEE RELATIONS LAW MATTERS Councilman Taylor asked what is the City's contract liability with CJPIA regarding lawsuits such as the Farinella type lawsuit? Do they have an obligation to defend these lawsuits? Robert Kress, City Attorney, replied that the Farinella lawsuit was referred to the CJPI.A and they, declined coverage. Mr. Kress continued that a representative from CJPIA indicated that this type of case was not within the scope of the Authority's protection. Mr. Kress continued that typically, employee relations matters are not covered MOTION BY COUNCILMAN' IMPERIAL, SECOND BY MAYOR PRO TEM VASQLT-Z that the Council approve the agreement between the City and the law firm of Goldstein; Kennedy & Petito. Vote resulted: Yes: Imperial, Taylor, Bruesch, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:12-10-02 Page :4