HomeMy WebLinkAboutContracts & Agreements_24-2011_CCv0001.pdf Professional Services Agreement
I. PARTIES AND DATE.
This Professional Services Agreement ("Agreement") for legal services is made and
entered into on March 2, 2011 by and between the City of Redlands ("City") and Michael Reiter,
Attorney at Law ("Attorney").
2. SERVICES.
2,1 Scope of Services. City hires Attorney to provide legal services ("Services") as
requested from time to time by City. Attorney will provide the requested Services in a manner
reasonably required to represent City. Attorney will take reasonable steps to keep City informed
of progress and to respond to City's inquiries.
2.2 Assistance. City agrees to provide all information and documents within City's
possession necessary for Attorney to perform his obligations under this Agreement.
2.3 Rate.
(a) Attorney shall be paid S 155 per hour for the Services. City or Attorney may initiate
consideration of a rate increase or decrease. Such a rate increase or decrease may be approved or
denied by City or Attorney, respectfully, in their sole and absolute discretion. Such rate increase
or decrease shall be evidenced by execution of written amendment to this Agreement.
(b) The time charged for the Services will include the time Attorney spends on telephone
calls or electronic mail relating to City's matter, including calls and electronic mail with and to
City, witnesses, opposing counsel or court personnel. Attorney will charge for waiting time in
court and elsewhere and for travel time, both local and out of town. However, if Attorney
charges for travel time, Attorney will not charge City for mileage or parking costs. Time is
charged in minimum units of one-tenth(. 1) of an hour.
2.4. Costs and Other Charges. (a) Attorney will incur various costs and expenses in
performing Services under this Agreement. City agrees to pay for all costs, disbursements and
expenses in addition to the hourly fees. The costs and expenses commonly include, service of
process charges, filing fees, court and deposition reporters' fees,jury fees, notary fees, deposition
costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying
and other reproduction costs, travel costs including parking, mileage, transportation, meals and
hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator,
arbitrator and/or special master fees and other similar items. Except for the items listed below,
all costs and expenses will be charged at Attorney's cost.
In-office photocopying: S.1O/page
Facsimile charges: S.1 O/page
Mileage: Current IRS rate/mile
(b) Experts, Consultants and Investigators. To aid in the preparation or presentation
of City's case, it may become necessary to hire expert witnesses, consultants or investigators.
City agrees to pay such fees and charges. Attorney will select any expert witnesses, consultants
or investigators to be hired, with prior City approval.
(c) Additionally, City understands that if any matter proceeds to court action or
arbitration, City may be required to pay fees and/or costs to other parties in the action. Any such
payment will be entirely the responsibility of City.
2.5 BILLING STATEMENTS. Attorney will send City monthly statements for fees
and costs incurred for the prior month's Services. Each statement will be payable within 20 days
of its mailing date. The statements shall include the amount, rate, basis of calculation or other
method of determination of the fees and costs, which costs will be clearly identified by item and
amount.
2.6 DISCHARGE AND WITHDRAWAL. City may discharge Attorney at any time.
Attorney may withdraw with City's consent or for good cause. Good cause includes City's
breach of this Agreement, City's refusal to cooperate or to follow Attorney's advice on a
material matter or any fact or circumstance that would render Attorney's continuing
representation unlawful or unethical. When Attorney's Services conclude, all unpaid charges
will immediately become due and payable. After Services conclude, Attorney will, upon City's
request, deliver City's file, and property in Attorney's possession, whether or not City has paid
for all Services.
3. OTHER TERMS
3.1 Indemnity. Attorney 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 omission, or willful misconduct, of
Attorney in connection with the performance of Services pursuant to this Agreement.
3.2 Insurance. Attorney will maintain Professional Liability Insurance of one million
dollars ($1,000,000) per claim, and three million dollars ($3,000,000) aggregate. Attorney has
no employees and is not required to have workers' compensation insurance.
3.3 Independent Contractor. Attorney shall perform all Services contemplated under
this Agreement as an independent contractor to City and shall remain, at all times as to City, a
wholly independent contractor with only such obligations 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 Attorney renders the Services, except as otherwise set forth herein.
3.4 Entire Agreement. This Agreement contains the entire agreement between City
and Attorney with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in the Superior Court of the State of California, County of San
Bernardino, San Bernardino District.
3.6 Amendment;_Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by City and Attorney.
3.7 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any contractual rights
by custom, estoppel, or otherwise.
3.8 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
3.9 Delivery of Notices. All notices permitted or required under this Agreement shall
be given at the following address, or at such other address provided in writing for this purpose:
City:
Daniel J. McHugh, City Attorney
City of Redlands
P.O. Box 3005 (by mail)
35 Cajon Street, Suite 200 (by personal delivery)
Redlands, CA 92373-1505
Attorney:
Michael Reiter
Attorney at Law
1255 W. Colton Ave. #104
Redlands, CA 92374
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
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
By:
Pete Ag%ilar, Mayor
City of Redlands
By: it4l-A/��z
ichael R64W Attorney at Law
Office of the Daniel J. Mellugh
. City Attorney
- City Attorney [Michael Reiter
City of Redlands Assistant City Attorney
MEMORANDUM
TO: CITY CLERK
FROM: SHERI A. SEBASTIAN
LEGAL SECRETARY
DATE: MARCH 14, 201 1
RE: PROFESSIONAL SERVICES AGREEMENT-MICHAEL REITER
City Clerk Irwin: Attached please find an original fully executed Professional Services
Agreement with Michael Reiter, for legal services on a time-to-time Basis. Please place in the
file containing our Special Services Agreements with outside counsel which is currently
maintained in the Clerk's office. Should you have any questions regarding; this matter, please
feel free to contact me.
SHERI A. SEBASTIAN
Attachment
P.O. Box 3005 • Redlands, CA 92373 • (909) 798-7595 • FAX (909) 798-7503
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