10-20-2020 - AGENDA ITEM 03 CONSIDERATION OF ENGAGEMENT OF BEST BEST & KRIEGER LLP IN CONNECTION WITH THE WHITHORN V. WEST COVINA AND TAYLOR V. CITY OF WEST COVINA MATTERSAGENDA ITEM NO.3
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: October 20, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF ENGAGEMENT OF BEST BEST & KRIEGER LLP IN
CONNECTION WITH THE WHITHORN V. WEST COVINA AND TAYLOR V. CITY OF
WEST COVINA MATTERS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to negotiate and execute any documents
necessary for the continued engagement of Best Best & Krieger LLP to provide legal services to the City in
connection with the Whithorn v West Covina and Taylor a City of West Covina matters.
BACKGROUND:
On or about April 13, 2020, to avoid a potential conflict of interest with City Attorney firm Jones & Mayer, the
City Manager entered into an Engagement Agreement with Best Best & Krieger (BB&K), for the firm to
provide legal services to the City in connection with the Whithorn matter. On or about September 2, 2020, the
City Manager authorized the engagement of BB&K for the firm to provide legal services to the City in
connection with the Taylor matter.
Staff now seeks City Council authorization for the City Manager to negotiate and execute any documents
necessary for the continued engagement of BB&K in connection with both matters.
DISCUSSION:
Howard Golds, a partner at BB&K, is the lead attorney representing the City in the Whithorn and Taylor
matters. Mr. Golds is part of BB&K's Labor & Employment practice group and oversees all the firm's litigation
for a number of public agencies and private corporations. Mr. Golds has experience handling litigation matters
on behalf of public agency clients, including employment claims.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
Fiscal Impact
FISCAL IMPACT:
BB&K's hourly rates are charged to Account Number 110. 11. 1140.6111 for both matters and the hourly rates
for BB&K are as follows:
Partners/Of Counsel - $315.00/hour
Associates - $270.00/hour
Attachments
Attachment No. 1 - Engagement Agreement (Whithom)
Attachment No. 2 - Confirmation of Engagement for Legal Services (Taylor)
ATTACHMENT NO. 1
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Indian Wells
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Sacramento
(780) 688-2811
BEST BEST & KmEGER
(916) 3
Irvine
Sann DDiegiego
o
(949) 263-2800
ATTORNEYS AT LAW
(819) 525-1300
Los Angeles
Walnut Creek
(213) 617-8100
(925) 977-3300
Manhattan Beach
3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502
Washington, DC
(310) 643-8448
Phone: (951) 686-1450 ( Fax: (951) 686-3083 1 www.bbklaw.corn
(202) 785-0600
Ontario
(9001909-8584
April 13, 2020
VIA EMAIL DELIVERY: DCARMANY@WESTCOVINA.ORG
Mr. David Carmany
City Manager
City of West Covina
1444 W Garvey Ave S
Room 305
West Covina, CA 91790
Re: Engagement Agreement
Dear Mr. Carmany:
ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to represent the City of West Covina (the "City"),
Specifically, we will defend the City in the lawsuit entitled Larry Whithorn v. City of West
Covina, West Covina Fire Department, Lloyd Johnson, an individual, Tony Wu, an individual,
Glenn Kennedy, an individual, David Carmany, an individual, and DOES 1 to 100, inclusive;
Los Angeles Superior Court Case No. 20STCV08916. At the City's expense we Will also
represent all of the other named defendants in the case: [LINDA FILL IN]. This letter
constitutes our agreement setting the terms of our representation. If the City want us to represent
it and agrees to the terms set forth in this letter, after you review the letter please sign it and
return the signed copy to us.
CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney -client relationship requires mutual trust between the client and the attorney.
It is understood that communications exclusively between counsel and the client are confidential
and protected by the attorney -client privilege.
To also assure mutuality of trust, we have maintained a conflict of interest index. The
California Rules of Professional Conduct defines whether a past or present relationship with any
party prevents us from representing the City. Similarly, the City will be included in our list of
clients to ensure we comply with the Rules of Professional Conduct with respect to the City.
We have checked the following names against our client index: City of West Covina,
West Covina Fire Department, Glenn Kennedy, David Carmany, Tony Wu, Lloyd Johnson,
Lary Whithorn, Shegarian & Associates and Carney R. Shegarian. Based on that check, we can
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BEST BEST & KmEGER 3
ATTORNEYS AT LAW
Mr. David Carmany
City Manager
City of West Covina
April 13, 2020
Page 2
represent the City if we obtain written consent fiom all affected parties as discussed in the
accompanying two letters describing a conflict of interest or potential conflict of interest. Please
review the list to see if any other persons or entities should be included. If you do not tell us to
the contrary, we will assume that this list is complete and accurate. We request that you update
this list for us if there are any changes in the future.
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
Howard Golds, a partner of our firm, will be the lead attorney on this case. Partners and
Of Counsel will be billed at the rate of $315 per hour; associates Will be billed at the rate of $270
per hour.
The billing rates for others are described in the memorandum attached to this letter which
is entitled "Best Best & Krieger LLP's Billing Policies." It also describes the other aspects of
our fnm's billing policies. You should consider the Billing Policies memorandum part of this
agreement as it binds both of us. For that reason, you should read it carefully.
INSURANCE
We understand that the City is not now insured or have any insurance that may cover
potential liability or attorneys' fees in this case. If you think the City may have such insurance,
please notify me immediately.
We are also pleased to let you know that Best Best & Krieger LLP carries errors and
omissions insurance with Lloyd's of London. After a standard deductible, this insurance
provides coverage beyond what is required by the State of California.
NEW MATTERS
When we are engaged by a new client on a particular matter, we are often later asked to
work on additional matters. You should know that such new matters will be the subject of a new
signed supplement to this agreement. Similarly, this agreement does not cover and is not a
commitment by either of us that we will undertake any appeals or collection procedures. Any
such future work would also have to be agreed upon in a signed supplement.
09952.000OO172839667.1
Mr. David Carmany
City Manager
City of West Covina
April 13, 2020
Page 3
I i] ix
BEST BEST & KRIEGER
ATTORNEYS AT LAW
CIVILITY IN LITIGATION
In litigation, courtesy is customarily honored with opposing counsel, such as extensions
to file pleadings or responses to other deadlines. In our experience, the reciprocal extension of
such courtesies saves our clients' time and money. By signing this letter on behalf of the City,
you will be confirming its approval of this practice in the above -reference case.
HOW THIS AGREEMENT MAY BE TERMINATED
The City, of course, has the right to end our services at any time. If the City does so, it
will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable
fees and costs in transferring the case to the City and its new counsel. By the same token, we
reserve the right to terminate our services to the City upon written notice, order of the court, or in
accordance with our attached Billing Policies memorandum. This could happen if the City fails
to pay our fees and costs as agreed, fail to cooperate with us in this matter, or if we determine we
cannot continue to represent the City for ethical or practical concerns.
CLIENT FILE
If the City does not request the return of its file, we will retain the City's file for five
years. After five years, we may have the City's file destroyed. If the City would like its file
maintained for more than five years or returned, the City must make separate arrangements with
US.
THANK YOU
On a personal note, we are pleased that the City has selected Best Best & Krieger LLP.
We look forward to a long and valued relationship with the City and appreciate its confidence in
selecting us to represent the City in this case. I£ there are any questions at any time about our
services or billings, please do not hesitate to call me.
If this letter meets with the City's approval, please sign and date it, and return the original
to us. Unless this agreement is signed, dated and returned electronically by April 10, 2020, we
09952.00000\32839667.1
IC1Cx
BEST BEST & KRIEGER 3
ATTORNEYS AT LAW
Mr. David Cat -many
City Manager
City of West Covina
April 13, 2020
Page 4
will not represent the City or the other defendants in any capacity, and we will assume that the
City has made other arrangements for legal representation.
Very truly yours,
Richard Z— g
of BEST BEST & KRIEGER LLP
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AGREED AND ACCEPTED:
CITY OF WEST COVINA
By: f
David CAfnany
Its: City Manager
Dated: y�- 2D
09952.00000\32839667.1
ATTACHMENT NO.2
19191,
Indian Wells •i yi
(760)568-2611
BEST BEST & KMEGER 3
Los Angeles
(213)617-8100
ATTORNEYS AT LAW
Manhattan Beach
(310) 643-8448
Ontario
18101 Von Kerman Avenue, Suite 1000, Irvine, CA 92612
(909) 989-8584
Phone: (949) 263-2600 1 Fax: (949) 260-0972 1 www.bbklaw.com
September 2, 2020
VIA EMAIL DELIVERY: DCARMANY@aWESTCOVINA.ORG
Mr. David Carmany
City Manager
City of West Covina
1444 W Garvey Ave S
Room 305
West Covina, CA 91790
Re: Confirmation of Engagement for Legal Services
Taylor v. City of West Covina, et al.
Dear Mr. Carmany:
Riverside
(951)686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Best Best & Krieger LLP is pleased to represent the City of West Covina ("the "City") as
defendant in the lawsuit entitled Marc A. Taylor v. City of West Covina and Does I to 24
inclusive, Los Angeles Superior Court case number 20STCV23682.
Except as to the above scope of our representation in this matter, the terms of our
representation are set forth in our prior engagement agreement dated April 13, 2020, with the
City for the case entitled Larry Whithorn v. City of West Covina, West Covina Fire Department,
Lloyd Johnson, an individual, Tony Wu, an individual, Glenn Kennedy, an individual, David
Carmany, an individual, and DOES I to 100, inclusive; Los Angeles Superior Court Case No.
20STCV08916, and subject to the same rates.
We have checked the following names against our conflict of interest database: Marc A.
Taylor, and have and have determined that there is no conflict with this individual. If you are
aware of any other involved parties whom we should run against our database, please let us
know immediately.
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ICiIk
BEST BEST & KMEGER 3
ATTORNEYS AT LAW
Mr. David Carmany
City Manager
City of West Covina
September 1, 2020
If you have any questions or concerns about the terms of our representation, please
contact me. Thank you for the opportunity to represent you.
Very truly yours,
��Richard T. Egg
of BEST BEST & KRIEGER LLP
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