HomeMy WebLinkAboutContracts & Agreements_57A-2014_CCv0001.pdf April 22, 2014
RETENTION AGREEMENT
PRIVILEGED&CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
Pete Aguilar, Mayor
City of Redlands
35 Cajon Street,Suite 10
Redlands, CA 92373
Re: Limited Scope Engagement of Attorney (Personnel Investigation)
Scope of Work: This letter will confirm that on April 22, 2014, the City of Redlands
("City") retained attorney/investigator Debra Reilly, who will be performing duties as a
licensed attorney at law, utilizing her skill, training, and professional judgment in
employment law, to conduct an independent, impartial, and objective employment
investigation concerning allegations of potential misconduct by one or more employees
of the Redlands Fire Department. The limited scope engagement of this attorney is to
gather facts, make factual findings, make credibility determinations (if necessary) of the
witnesses and to determine whether any workplace policies of the City were violated.
This investigator will not be acting in the role of an "advocate" attorney for the City.This
limited scope engagement consists only of investigating the allegations, writing a report
of the factual findings and conclusions, and if necessary, testifying in deposition,
arbitration, or court. Post-investigation legal advice and/or recommendations
concerning potential "corrective action" are outside the scope of this retention. If the
City should later desire the investigator to provide recommendations for corrective
action,the City and the investigator will modify this agreement in writing.
The City certifies that this investigation is not being conducted for any other purpose,
and that (if necessary under the circumstances of this case)the City will comply with the
notice and consent rules required of employers under the California Investigative
Consumer Reporting Agencies Act (Civil Code Section 1786, et seq.).
Mayor Pete Aguilar
City of Redlands
April 22,2014
Page 2 of 3
Commencement of Work: This investigator will commence the investigation by
reviewing documents and interviewing the Complainant, Respondent, and various City
employee witnesses and former employees, as may be required in the discretion of the
investigator.
Attorney-Client Communication Privilege: This investigator will operate with the
understanding that the confidential investigative report and any verbal or written
communications between this investigator and the City are attorney-client privileged
communications unless the City directs otherwise.This investigator will not be providing
legal advice concerning whether the investigative report and communications are, in
fact, protected from disclosure under the attorney-client privilege or the effects of
disclosing the contents to third parties.
Professional Liability Insurance: As a licensed attorney in the state of California, at all
times during the term of this Agreement, this investigator will carry, maintain, and keep
in full force and effect, a Lawyer's Professional Liability Insurance policy with minimum
limits of One Million Dollars ($1,000,000) per occurrence, and One Million Dollars
($1,000,000) aggregate coverage against any loss or damage as a direct result of any
wrongful or grossly negligent acts by this investigator in the performance of legal
services under this Agreement. The investigator shall provide the City with a certificate
of insurance.
Report: This investigator will prepare a written report of her findings at the conclusion
of the investigation. This investigator is not retained to reach any legal conclusions or to
make any recommendations. Rather, the City and its City Attorney (or other outside
legal counsel, as needed) are responsible for providing the legal analysis and advice
necessary to respond to the findings and conclusions of the report. The City agrees that
it will advise any accused employee(s) of the "conclusions" of the investigation in
writing.
Fee: The fee for said services is $250.00 per hour, which includes time spent
interviewing witnesses, reviewing background facts and relevant documents,
consultations with the City or its outside attorneys, travel time, and preparing the
written investigative report.The investigator will bill for mileage at the IRS business rate
in effect on the date services are rendered (currently 55.5 cents/mile). The
investigator's invoice(s) shall be sent to the City Attorney, Dan McHugh, via email, at
dmchugh@cityofredlands.org. Payment will be due within thirty (30) calendar days of
Mr. McHugh's receipt of the invoice via email. a
Deposition/Trial Testimony: If called upon to testify regarding the findings and
conclusions of any investigation (in the event of litigation), the City agrees to pay this
Mayor Pete Aguilar
City of Redlands
April 22, 2014
Page 3 of 3
investigator the hourly litigation rate of $295.00 for time spent in deposition,
arbitration, and/or trial, including time needed to review the investigative file and
prepare for testimony.
Very truly yours,
Reilly Workplace Investigations
Debra L. Reilly, Esq./SPHR
CA State Bar Number 146439
1 have the authority of the City of Redlands to enter into this agreement, and I agree to
these terms. Upon signing, please email signed copy to Reilly Workplace Investigations.
The effective date of this agreement is April 22, 2014, or the date both parties sign this
agreement, whichever is later.
By: Attest:
Pete Aguilar, Mayor Sam Irwi^, City Clerk