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HomeMy WebLinkAboutContracts & Agreements_174-2020AGREEMENT FOR INVESTIGATIVE SERVICES This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation ("Contractor"), and the CITY OF REDLANDS ("Client") 1. Contractor's Services As licensed attorneys, Contractor will be utilizing its skills, training and professional judgment in employment law to provide Client with investigative services, including any preparation and witness time in hearings, depositions and trial, as requested by Client or otherwise required by law 2 Fees, Costs, Expenses Client agrees to pay Contractor the sums billed monthly for time spent by Contractor in providing the services, including reasonable travel time The current range of hourly rates for Contractor time is from Two Hundred Ten to Three Hundred Eighty Dollars ($210 00 - $380 00) for attorneys and One Hundred Thirty to One Hundred Seventy -Five Dollars ($130 00 - $175 00) for time of paraprofessional staff. Contractor reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1 Contractor will provide Client with written notification of any adjustment in the range of rates Attorneys and paraprofessional staff bill their time in minimum urnts of one-tenth of an hour. Client agrees to reimburse Contractor for necessary costs and expenses incurred by Contractor on behalf of Client Contractor bills photocopying charges at Fifteen Cents ($ 15) per page. A Public Agency Fee Schedule is attached to this Agreement 1 9360569 1 LC001 009 Payment by Client against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice 3 Indemnification Client will indemnify and hold harmless Contractor, its employees and agents, from and against all claims, suits or causes of action arising out of any complaint brought against Contractor during or as a result of the investigation of the complaints alleged in this matter. Client will also provide legal representation for Contractor and any of its employees and agents together with Client if, during any litigation relating to the investigation or matters being investigated, Contractor or any of its employees or agents providing services under this contract are sued, deposed, or otherwise required to provide information or testimony concerning services under this contract This provision does not apply if Contractor engages in negligence, willful and/or mahcious conduct in the course of its investigation 4. File Retention After our services conclude, Contractor will, upon Client's request, deliver the file for the matter to Client, along with any funds or property of Client's in our possession If Client requests the file for the matter, Contractor will retain a copy of the file at the Client's expense If Chent does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed If Client does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to 2 9160569 1 LCOOI-009 Client At any point during the seven (7) year period, Client may request delivery of the file 5 Assignment This Agreement is not assignable without the written consent of Client 6. Independent Contractor It is understood and agreed that Contractoi, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of Client 7. Authority The signators to this Agreement represent that they hold the positrons set forth below thea signatures, and that they are authorized to execute this Agreement on behalf of then respective parties and to bind their respective parties hereto 8 Term This Agreement is effective August 17, 2020, ongoing and may be modified by mutual agreement of the parties This agreement shall be terminable by either party upon thirty (30) days written notice LIEBERT C : IDY WHITMORE, A Profess' al Corporation CITY OF REDLANDS By N Title Date J Scott Tiedemann Managing Partner 5/ZI/t0 9360569.1 LCOOI-009 3 ame Paul W Foster Title Mayor V/2 0/2 0 Date ATTEST e Donaldson, City Clerk 1 PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners $380 00 Senior Counsel $325 00 Associates $210 00 - $305 00 Paraprofessionals $130 00 - $175 00 II. COST SCHEDULE I Photocopies $0 15 per copy 4 9360569 1 LCOOI 009