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Home My WebLink About08. Approve Agreement w-Brian T. Riley for Workers Compensation MattersItem No. APPROVED Ely 'C'OtITY MANAGER •IIIIIIIIIIIIIII[l.rre �116 I �X Ai, FROM: OFFICE OF THE CITY MANAGER BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCESi TATE: NOVEMBER 12,2019 M SUBJECT: AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF DOWNEY ANT, BRIAN T. RILEY N ff*&Y, I 07-lyfle-rk It is recommended that the City Council authorize the Mayor to execute the attached Legal Services Agreement between the City and the Law Offices of Brian T. Riley. 9] 6-j441• For the past several years, the Law Offices of Brian T. Riley has provided legal services to the City on worker's compensation matters. Mr. Riley's is a certified specialist in worker's compensation law and is used by many other government agencies for his expertise in this area. Mr. Riley's firm will continue to represent the City on all matters related to the processing of the City's worker's compensation claims and related matters. Eftective upon the approval of the attached agreement, the professional rate will be $160 per hour for Partners and $80 per hour for Paralegals. Based upon a review of other similar firms, Mr. Riley's rates are competitive with industry standards which ranga. from $160 to $225 an hour. Staff has conferred with the City Attorney on this matter and recommends approval of the attached Agreement with the Law Offices of Brian T. Riley. AIZEM�� Sufficient funding is included in the Fiscal Year 2019-20 Human Resources Department Budget. ATTACHMENT Attachment A — Agreement for Legal Services between City of Downey and Brian Riley i This LEGAL SERVICES AGREEMENT ("Agreement") is entered into this 22nd day of October, 2019, by and between the CITY OF DOWNEY, a California municipal corporation and charter city (hereinafter referred to as "City") located at 11111 Brookshire Avenue, Downey, CA 90241 and Law Offices of Brian T. Riley, a California sole proprietor (hereinafter referred to as the "Firm"), located at 27201 Puerta Real, Suite 300, Mission Viejo, CA 92691 and collectively referred to herein as the "Parties". NOW, THEREFORE, the parties hereto do hereby mutually agree as follows: City hereby retains Firm to represent the City on legal matters related to worker's compensation matters. Firm shall work cooperatively the City's Third Party Administrator (TPA) designated by the City to handle workers' compensation matters. City may, from time to time, request changes in the scope of services of Firm to be performed under this Agreement. Such changes shall be in the form of a written amendment to this Agreement signed by both Parties and shall include any additional compensation agreed to by the Parties. Section 2. Term. The term of this Agreement shall commence September 24, 2019, and shall continue until or unless terminated pursuant to this Agreement. - 0 -9 . I 3m= LT11 I IN Niels *r-A*KWQ 011r.19 K-707-IM-TIMM 11611110 0 W4MO IZIS 19 KIIA V�Q L7-+:i4J I I Or4s 0 01 • Date the services were rendered; • Description of services; • Identity of the person(s) rendering the services described; Rate at which the person(s) rendering the services is billed out; Amount of time expended by each person for the services describe Calculated for that particular billing entry; and The total amount paid to date. I • The Firm's hourly ratesfor • services - as set• • t Any increases to the hourly rates shall be in the form of a written amendment to this Agreement signed by both Parties. C. Firm shall submit to City's Worker's Compensation TPA an invoice which shall itemize the services rendered and the costs advanced during the billing period and the amount due. Within fifteen (15) business days of receipt of each invoice, City shall notify Firm in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on • : not Ilii limitedapplicable taxes or other deductions from payments made to Firm. Firm may incur certain costs and expenses on City's behalf. Firm will obtain consent before incurring any cost in excess of $200. Firm shall include the actual amount (without mark-up) for costs and expenses on the City's billing invoice. The costs and expenses that Firm will bill City for include, but are not to process _ _ fees, __ fixed by law or assessed by courts or other agencies, court reporters' fees, long distance calls, messenger and other delivery fees, postage, parking, investigation expenses, mediators/arbitrators and expert witness fees. Mileage shall be billed at the IRS approved rate and in -office photocopying and facsimiles shall be billed at no more than . 10 cents per page, and other similar items. City shall not pay for expenses such as staff overtime, • • processing, specialpublications or f ..continuing legal education withoutFirm agrees not to engage or otherwise incur an obligation to pay other legal counsel, specialists or experts for services in connection with this Agreement prior approval of the Firm will provide services of the type described above, and will keep City informed of the progress with status reports and timely respond to City's inquiries. City will provide Firm with such factual information and materials as Firm may • _ to perform the services,professional or decisions and determinations appropriate for ' 0 a 111 •- - Z R • Z - • .•i •: IZ 2 breach of this Agreement, failure to pay Firm's fees and other charges promptl refusal to cooperate with Firm or any other fact or circumstance that would render Firm's continuing representation unlawful or unethical. i 11111M41 OMM Section 7. Insurance. a. Workers' Compensation Coverage. Firm shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. b. General Liability Coverage. Firm shall maintain commercial general liability insurance in an amount not less than one million_ ($1,000 ,000) occurrence for bodily injury, personal injury and property damage. C. Automobile Liability C. .•- Firm shall maintain automobileliability - -At#Aerty. - - out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million •• ($1,000,000) . • • single limit for- occurrence. d. Professional Li.b• .• professional errors • omissions liability insurance for protection .•. . . negligent errors or omissions which may arise from Firm's services under this Agreement, whether such services be by the Firm or by its principals, employees, independent contractors, agents, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million .. rtrrlr ade annual aggregate basis, or a combined single -limit per occurrence basis. e. Policy Endorsements.- • automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less in • shall be endorsed - following specific language: i. The City • Downey, elected • appointed officers, ifficials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed • or on behalf of - Firm, including materials,parts or zquipment furnished in connection with such work or operations. ii. This policy shall be • r- -•' primary insurance as respects the City, its elected or appointed officers, officials, employees,agents and volunteers.Any insurance maintained by 3 the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. - • - • - • - • . • • f - . Sal • . Any failure to comply with reporting provisions • : the policies retentions?,hall not affect coverage provided to the City, its elected or 2ppointed officers, officials, employees, agents or volunteers. V. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits LIZ f. Deductibles and Self -Insured Retentions. Any deductibles or self-insured • - declared • . • approved by - City. At the option, retentions.demonstrate financial capability for payment of such deductibles or self-insured g. Certificates of Insurance and Endorsements. Firm shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. Firm agrees to investigate, defend, indemnify and hold harmless City, it officers, employees and agents against any and. .damage,claims, demands, detriments, cost, charges and expenses (including reasonable attorneys' fees) and causes of action whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any persons arising out of or in any way connected with the work to be performed under this Agreement other than as such work relates to Professional Liability Insurance. With • • Professional : ' • - •Liability- • - defend, indemnify and hold harmless City, it officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expenses (including reasonable attorneys'fees) and causes of action whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily M injury to or death of persons arising out of or • - • with the • •' omissions of or principals, employees, contractors, agents, subcontractors, subconsultants. In the event that any provision of this Agreement is deemed to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. Section 10. Client Documents. Firm will maintain all documents City furnishes to Firm in its client files maintained for the matter. At the conclusion of the matter (or earlier, if appropriate), City shall advise Firm as to which, if any, of the documents in Firm's file City wishes be returned to City. Firm may keep copies thereof to the extent necessary for Firm's records. • • • Firm agrees to comply with all federal, state and local laws, rules and regulations, now or hereafter in force, pertaining to the services performed pursuant to this Agreement. Section 12. Firm Not an A. ent. Section 13. Assiqnment. Firm may not assign, transfer, convey, pledge nor otherwise dispose of its rights or obligations h- - •;er, without prior written• - of t attemptb Firm to assign,transfer,• - pledge nor otherwise - • •• of • or obligations hereunder without the prior written consent of City shall be null and void. City and Firm agree that the construction and interpretation of this Agreement and the rights and duties of City and Firm hereunder shall be governed by the laws of the State of California. Venue for any disputes arising from this Agreement be -courts• Angeles County. This Agreement constitutes the entire agreement between the Parties concerning the engagement described in paragraph 1. It supersedes all prior agreements and understandings, written or oral, and no representation by the Parties, written or oral, are binding unless expressly stated in this Agreement. This Agreement may be modified only in a writing signed by all Parties to this Agreement. IN WITNESS WHEREOF, this Agreement has been duly authorized and executed by the Parties hereto on the day and year first herein above written. &MIM APPROVED AS T FO 6 A, 0 - iy Attorney y "FIRM" B W,an T. Riley P prinr! I cipal Date: P, rt, :01MI10,111 11-161 0 1: a Bill I as] m off FOURT N w MWAV w Paralegal $80.00