CC - Item 4A - Legal Services Agreement Between The City And The Law Firm Of Goldstein Kennedy And Petito For Representation in Farinella v. City Of Rosemead4fD -31A
TO: HONORABLE MAYOR
AND MEMBERS
ROSENW CITY COUNCIL
FROM: BILL C WE, CITY MANAGER
DATE: DECEMBER 2, 2002
RE: LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW
FIRM OF GOLDSTEIN, KENNEDY & PETITO FOR REPRESENTATION
INjFARINELLA V. CITY OF ROSEMEAD
Pursuant to a Closed Session at the November 26`n Council Meeting regarding the
aforementioned lawsuit, attached is an agreement between the City and the law firm of
Goldstein, Kennedy & Petito for legal services regarding the Farinella case. This 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 of Rosemead and the law firm of Goldstein, Kennedy & Petito.
COUNCIL AGEINDA
DEC 10 2002
ITEM Nlo. DT-'66-A
THE LAW FIRM OF
GOLDSTEIIN. KENNEDY & PETITO
TELEPHONES 1880 CENTURY PARK EAST, SUITE 1018
(310) 553-4746
(800) 826-0113 CENTURY CITY
LOS ANGELES, CALIFORNIA 90067
November 27, 2002
BY FACSIMILE 626-569-2100
AND FIRST CLASS MAIL
Mr. Bill Crowe
City Manager
8838 E. Valley Boulevard
Rosemead, CA 91770
RE: Legal Services Agreement
Dear Bill.
FAX 13101 282-8070
www.gkplaw.com
Per your request, please find enclosed the Legal Services Agreement. This
agreement is similar to other agreements our firm has had in the past with various
cities. In the Agreement, you will find services offered, as well as fee arrangements.
Once the Agreement is approved, kindly sign and fax return the Agreement to the
following number: (310) 282-8070.
If you have any questions, please do not hesitate to call.
Very truJy`yours,
es H. Goldstein
Enclosure
LEGAL SERVICES AGREEMENT
IDENTIFICATION OF PARTIES
This Legal Services Agreement ("Agreement") is entered into between
GOLDSTEIN, KENNEDY & PETITO, Professional Corporation, hereinafter referred to
as "Attorney," located at 1880 Century Park East, Suite 1018, Los Angeles, California
90067 and the CITY OF ROSEMEAD, located at 8838 E. Valley Boulevard P.O. Box
399, Rosemead, California, 91770, hereinafter referred to as "Client" on the date set forth
below.
This agreement is further made in accordance with Section 6148 of the California
Business and Professions Code and is intended to fulfill the requirements of that Code
Section.
2. LEGAL SERVICES TO BE PROVIDED
The legal services to be provided by Attorney to Client are as follows:
Assisting Client with legal advice, counsel and representation in connection with
Farinella v. City of Rosemead, Los Angeles Superior Court Case No. 02CO2167
involving claims for unpaid wages and disability benefits in an appropriate and cost
effective manner.
RESPONSIBILITIES OF ATTORNEY AND CLIENT
Attorney will perform the legal services called for under this Agreement, keep
Client informed of progress and developments, and respond promptly to Client's inquiries
and communications utilizing his and or her professional knowledge and skills. Client
will be cooperative with Attorney; keep Attorney reasonably informed of developments
and make any and all payments required by this Agreement in a timely manner.
4. ATTORNEY'S FEES
Client will pay to Attorney as attorney's fees for all legal services provided under
this Agreement, the hourly billing rate of $200.00 per hour for the services of Principal
Attorneys, Charles H. Goldstein, Gregory G. Kennedy and/or Deborah H. Petite,
( hereinafter referred to as "Principal Attorney") and $145.00 per hour for the services of
E: \000M MON\REl'.AIN ER\ROS E.01
Associates. When Principal Attorney believes that the services of an Associate would
enhance the efficiency of the work being performed for Client under this Agreement,
would not be duplicative, but would reduce the overall cost of Attorney performing legal
services for the Client, Attorney may use and bill Client for the work performed by
Associates under this Agreement. However, where Principal Attorney utilizes the services
of Associates for the convenience of Principal Attorney, Attorney agrees to absorb the
time spent by Associates performing such work and will not bill the Client for such
services. Where Principal Attorney believes that the presence of an Associate at any
Court hearing will enhance the efficiency of the work being performed for Client under
this Agreement, would not be duplicative, but would reduce the overall cost of _
performing legal services by Attorney for the Client, such Associate time may be billed to
the City, provided Principal Attorney first secures the authorization of the City Attorney
before billing client for these legal services. Attorney will charge in increments of one-
quarter of an hour which shall be rounded off for each particular activity to the nearest
quarter hour, as appropriate. The minimum time charge for any particular activity will be
one-quarter of an hour. The total amount of legal fees under this Agreement will not
exceed $30,000, without the prior approval of Client.
5. COSTS
Client will pay all approved "costs" in connection with Attorney's representation of
Client under this Agreement. Costs will be advanced by Attorney and then billed to
Client. However, for substantial cost items, Attorney may require that Client make
advance payment. Costs include, but are not limited to, air/land travel, acconunodation,
messenger services fees, and significant photocopying expenses.
6. STATEMENTS AND PAYMENTS
Attorney will send Client monthly statements indicating attorney's fees and costs
incurred and their basis, any amount applied from deposits, and any current balance owed.
Client agrees to pay all billings within thirty (30) calendar days of receipt. Should Client
wish to discuss any billing matters, Client shall direct all inquiries to Charles H.
Goldstein, Principal Attorney.
7. SETTLEMENT
Attorney will not settle any claim or case of Client that may be the subject matter
of this Agreement without the approval of Client, who will have the right to accept or
reject any settlement. Attorney will notify Client promptly of the terms of any settlement
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E9000MMONARETA W E'R\ROSE.0I
offer received by Attorney.
S. DISCHARGE OF ATTORNEY
Client may discharge Attorney at any time by written notice effective when
received by Attorney. Unless specifically agreed by Attorney and Client, Attorney will
provide no further services and advance no further costs on Client's behalf after receipt of
the notice. If Attorney is Client's attorney of record, in any proceeding, Client will
execute and return a substitution of attorney form immediately on its receipt from
Attorney. Notwithstanding the discharge, Client will remain obligated to pay Attorney at
the agreed rate for all services provided and to reimburse Attorney for all costs advanced.
9. WITHDRAWAL OF ATTORNEY
Attorney may withdraw at any time as permitted under the Rules of Professional
Conduct of the State Bar of California. Circumstances under which the Rules permit such
withdrawal include, but are not limited to, the following: (a) the client consents, (b) the
client's conduct renders it unreasonably difficult or improper for the attorney to carry out
the employment, and/or (c) the client fails to pay attorney's fees or costs as required by his
or her agreement with the attorney. Notwithstanding Attorney's withdrawal, Client will
remain obligated to pay Attorney at the agreed rate for all services provided, and to
reimburse Attorney for all costs advanced.
10. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties. All agreements,
statements, or promises made on or before the effective date- of this Agreement are
integrated into this Agreement.
11. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
If any provision of this Agreement is held in whole or in part to be unenforceable
for any reason, the remainder of that provision and of the entire agreement will be
severable and remain in effect.
12. MODIFICATION BY SUBSEQUENT AGREEMENT
This Agreement may be modified by subsequent agreement of the parties only by
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an instrument in writing signed by both parties.
13. CALIFORNIA LAW APPLIES
The laws of the State of California shall apply to the construction and
interpretation of this Agreement and any and all matters relating to or arising from
Attorney's subject representation of Client.
14. PROFESSIONAL LIABILITY INSURANCE
Pursuant to the requirements of the State Bar of California, attorney hereby asserts
thi! Attornev is covered under a nrofess:rnai liah,iity insvirance. _
The foregoing is agreed to by:
DATED: NOVEMBER , 2002
CLIENT:
CITY OF ROSEMEAD
WILLIAM CROWE
CITY MANAGER
By:
ATTORNEY:
GOLDSTEIN, KENNEDY& PETITO
DATED: NOVEMBER, 2002 By:
CHARLES H. GOLDSTEIN'
GOLDSTEII, KENNEDY & PETIT O
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E AK O NI M O MR ETA IN E R\R O SE.0I
MOTION BY COTUNCILMAN IMPERIAL, SECOND BY J\LkYOR PRO TEM VASQUEZ that the
Council adopt Resolution No. 2002-56. Vote resulted:
Yes: Vasquez, Taylor, Bruesch, Clark, Imperial
No: None
.Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
I~ CONSENT CALENDAR (Items CC-A. CC-B and CC-D were pulled for discussion purposes)
Councihnember Clark stated that she will be abstaining on item CC-F as the project will involve the
street she lives on.
CC-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES
EMPLOYEE RELATIONS INSTITUTE, JANUARY 30-31,2003,
MONTEREY
CC-E ACCEPTANCE OF WORK FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF HELLMAiN AND JACKSON AVENUES AND AT THE
ENTRANCE TO THE GARVEY COMMUNITY CENTER
CC-F APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK
BIDS FOR STREET LIGHTING IMPROVEMENTS ON VARTOUS STREETS
CC-G ANNUAL REPORT O'F TI-IE ROSEINIEAD COMMUNITY DEVELOPMElsT
CODINTISSIONFOR FISCAL YEAR 2001-2002
MOTION BY COUTCILNIAN DAPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the
Council approve the aforementioned items on the Consent Calendar. Vote resulted:
Yes'. Imperial, Taylor, Bruesch, Vasquez
No'. None
Absent: None
Abstain: Clark
Councilmember Clark abstained on hem CC-F
The Mayor declared said motion duly carried and so ordered.
C-A LEGAL SERVICES AGREENTENT BETWEEN THE CITY AND THE LAW FIRM OF
GOLDSTEIN. KEN'N'EDY AND PETITO FOR REPRESENTATION UNFARIN'ELLA
V. CITY OF ROSEMEAD
CC MIN: 12-) 0-02
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