HomeMy WebLinkAboutContracts & Agreements_40-2010_CCv0001.pdf Se n T
Office of the Daniel J.McHugh
r.
City Attorney
City Attomey Michael Reiter
City Of Redlands Assistant City Attorney
MEMORANDUM
TO: CITY CLERK
FROM: CITY ATTORNEY
DATE: April 5, 2010
RE: CITY ATTORNEY OFFICE CONSULTANT CONTRACTS
Sam: Attached are copies of eight contracts between the City Attorney's Office and
various consultants for carrying out litigation related matters. All of these contracts are "in
effect,"but not all consultants are presently being used. Although your office may already have
copies of some or all of these contracts, we wanted to resend them to you in one package in the
event you wanted to establish a special file for City Attorney Office contracts.
The reason for maintaining these contracts in a separate file is contained in section
2.15.020 of the City's Municipal Code. That section provides that the City Attorney may enter
into professional services contracts for the retention of special legal counsel and various
consultants without the prior approval of the City Council. These contracts need only be
executed by a member of the City Council, and are then required to be filed and maintained in
the office of the City Clerk.
As new contracts are entered in the future, we will continue to forward copies to you.
Thanks.
DANIEL J. MCHUGH
DJM:sas
enclosures
cc: N. Enrique Martinez
P.O. Box 3005 • Redlands, CA 92373 • (909) 798-7595 • FAX (909) 798-7503
Lica\djm,Memo'20I0 MetnOS\CITY ATTORNEY OFFICE CONSULTANT CONTRACTS.doc
AGREEMENT FOR SPECIAL COUNSEL LEGAL SERVICES
BETWEEN THE CITY OF REDLANDS AND
FILARSKY &WATT LLP
1. PARTIES AND DATE.
This Agreement is made and entered into as of the 18th day of Much, 2010,by and between
the City of Redlands (the and Filarsky&Watt LLP, a limited liability parmership engaged in
the practice of law CT&WI.
2. RECITALS.
2.1 City presently engages the services of F&W As special counsel, to perform, certain
legal services for 6ty on the ters set forth below,
12 City wishes to reaffirm, by this Agreement, the scope of City's engagement of
F&Ws services and the rate at which. F&w shall perform such services for. City, on the terms set
forth below.
3. TERMS.
3.1 Term. The term of this Agreement shall commence on March 18, 2010 And shall,
continue in full force and effect unless terminated in accordance with Section 3.10 of this
Agreement.
3,2 $gQpe of Services. F&W shall serve as special counsel and shall, perform legal
by this Agreement,
�mrvices ("Services" as may be required from time to time by City as set fort
unless otherwise agreed to by City and F&W. As part of the Services to be performed hereunder,
F&W shall be responsible for the following-.
3.2.1 preparation for and attendance at rnecting-,' of the City Council as requested
by the City Council and/or the City Manager, and/or the City Attorney or their designees; and
3.2.2 Render to the City legal advice, work and opinions on legal matter.-,
pertaining to or affecting City matters telAting to personnel, employment- labor and collective
bargaining law, as directed by the City Council, and/or the City Manager, and./or the City Attorney,
or their designees.
3.2.3 Representation and assistance on administrative heanng and litigation
rnatters as related, to those areas of law described in section 3.2.2, above, as directed by the City
Council, and/or the City Manager, and/or the City Attorney or their. designees. Such services shall
include, but shall not be limited to, the preparation for and making of appearances, including
preparing pleadings and petitions, malting oral presentations, and prepa mir o
g answers, briefs other
documents.on behalf of City, the City Council, and anV officer or employee of City,in RH federal and
state courts of this State, and before any governmental commission, including reviewing, defending
or assisting any insures of City or its agents or attorneys with-respect to any lawsuit filed against City
or any officer or c
emplo�yc thereof, for money or damages.
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3.3 1ndgmWV. F&W shall defend, indemnify and hold harmless City, and its elected
officials, officers, And employees from and against any and all losses, claims, liabilities, expenses, or.
demands, Arising out of any negligent Act or otnission of F&W in connection with the performance
of its Services pursuant to this Ag rcement.
14 Time of Perform ce. The services of F&W shall be performed expeditiously in the
time frames and as directed by City.
3.5 AjjjL%asc—c, City agrees to provide all, information And documents nece-iary for the
attorneys at F&W to perform.its, obligations under this Agreement.
3.6 Increases ,of-Decease in C
,QMpgnsation. F&W or the City .may initiate consideration
of a rats increase or decrease. Such, a rate increase or decrease .tnay be approved or denied by the
City or. F&W, rc-,pectAilly, in their sole and Absolute discretion. Such rate increase or decrease shall
be evidenced by an execution of in amendment to this Agreement.
3,7 1,ndgVrndcnt,.ContmtQt. F&W shall perform all legal services requited widet, this,
Agreement as an independent contractor to City and shall remain, at all times As to City, a wholly
independent contractor with only such obligation-, as are required under this Agreement Neither
City, nor any of its employees, shall have any control over the manner, -mode or means by which
F&W, its agents or employees, tender the legal services required under this Agreement, except 2s
otherwise set -forth. City shall have no voice in the selection, discharge, supervision of control of
F&Ws employees, representatives of Agents, or in fixing their number, compensation, of hours of
service.
3.8 C—omp-eaudaa For perform-ance of the legal Services set forth above, City shall pay
F&W the hourly billing rate of Two Hundred Sixty Dollars ($260).
3.8.1 'Billing. F&W shall submit monthly to City a detailed statement of account
for its Services. City shall review F&W-; monthly statements and pay F&W for Services tendered
and costs incurred,as provided for.in this Agreement, on monthly basis.
3.9 F&W shall carry errors and omissions iiisunii,cc as requited by the State
of California.
3,10 Termination of Amite--cm mt-and.-Legpl-SaRiccs. This Agreement and the Services to
be tendered under it may be terminated at any time upon ten (10) day. prior written nonce from
either party, with. of without cause. In the event of such tetmioation, F&W shall be paid for all.
Services authorized by City and performed up through and including the effective date of
termination.
3.11 Ent tc-AMemen This Agreement contains the entire Agreement of the partics,with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreement.,;.
3.12 GovgniAR Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in San Btmaidino County,
3,13 No supplement; modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both parties.
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3,14 3q&i=. No waiver of any default shah constitute a waiver of any other default at
breach, whether of the same or other covenant of condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a patty -,;hall give the other party any contractual ht,tights by
,
custom, estoppel, or othetwise.
3.15 Counterparts, This Agreement may be signed in, counterpart,;, cacti of which shall
constitute an original.
3.1.6 Delivgn of Notices. All notices permitted or required under, this Agreement.shall be
given to the respective parties ;at the following address, or at such other address as the respective
patties may provide in,writing for this purpose:
City:
Daniel J. McHugh,City Attorney
City of Redlands
35 Cajon Street,Suite 200
Redlands,CA 92373-1505
Filarsky&Watt LLP:
Steve A. Filarsky,Parmer
Filaysky&Watt.TJ_P
1441 Nineteenth Street
Manhattan Beach,CA 90266
Such notices shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit,in the U.S. Mail, first class postage prepaid and addressed to the patty at its
applicable address. Actual notice shall be deemed adequate notice on the date actual, notice
occurred, regardless of the method of service.
IN WITNESS WHEREOF, City and F&W have executed this Agreement As of the date
first written above.
CITY OF REDLANDS
BY:
Pat Gilbreath,Mayor
FILARSKY &WATT LLP
By: _�re Filat mcr
Steve Filatsky, Paxtact
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