HomeMy WebLinkAboutdonotreply_20230828_073707LEGAL SERVICES AGREEMENT
This Legal Services Agreement ("Agreement") is entered into by and between the CITY OF
REDLANDS ("CITY") and the law firm of BERTRAND, FOX, ELLIOT, OSMAN & WENZEL,
P.C. (herein referred to as "Attorneys").
1. LEGAL SERVICES. Attorneys agree to furnish legal services in connection with
the representation of CITY in police personnel, disciplinary and employment matters. Attorneys
shall provide those legal services reasonably required to represent CITY's interests in such matters.
CITY and Attorneys shall each cooperate with the other in the course of the representation and keep
the other informed of all relevant developments. Attorneys agree to abide by any and all guidelines
promulgated by CITY and/or its representatives related to the legal services provided hereunder.
2. TERM OF AGREEMENT. The term of this Agreement shall be for twelve (12)
months, from September 1, 2023 through August 31, 2024. Attorneys and CITY may agree to
renew this Agreement in writing for additional periods.
3. DEFINITION OF CITY. For purposes of this Agreement, CITY is intended to and
shall include CITY, its member entities and its elected and appointed officials, agents, servants,
employees and volunteers, including its police department.
4. CITY -DESIGNATED AUTHORIZED REPRESENTATIVE. CITY's designated
authorized representatives for this Agreement shall be its Chief of Police and its Deputy Chief of
Operations. All direction and approval of Attorneys' work for CITY shall be by said individuals.
Attorneys shall consult with them whenever necessary and/or desired by them.
5. ASSIGNMENT OF FIRM ATTORNEYS. Attorneys shall identify the lead
attorney handling each matter in its letter of acknowledgement of receipt of the matter. The
assignment of' a matter to an attorney within the law firm shall be based on the nature and
complexity of the case, the experience and ability of the attorney, as well as other relevant factors.
CITY retains the right to approve or disapprove of any and all attorney assignments. Partner
Thomas Bertrand shall personally handle and/or supervise all matters assigned by CITY.
6. COMPENSATION. Attorneys' legal fees and usual and customary reasonable out-
of-pocket expenses shall be paid at the rates set forth below. Legal fees shall not be adjusted during
the term of this Agreement.
A. Legal Fees for Personnel Matters:
Attorneys With 7 Years or More of Experience: $285 per hour
Attorneys With Less Than 7 Years of Experience: $250 per hour
Paralegals: $90 per hour
B. Usual and Customary Reasonable Out -of -Pocket Expenses:
In addition to paying legal fees, CITY shall reimburse Attorneys for all
usual and customary costs and expenses incurred by Attorneys, including
but not limited to, process server fees, the subpoena of records, fixed fees
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by laws or assessed by Courts or other agencies, court reporter fees, long
distance telephone calls, messenger and other delivery fees, postage,
photocopying, parking, mileage, and other similar items. All such expenses
shall be billed to the CITY at actual cost. CITY further agrees to reimburse
Attorneys for all air fare and travel time should Attorneys' physical
presence in CITY be required or requested.
7. BILLING. Billings shall be submitted to the City Attorney.
8. NON -REIMBURSABLE SERVICES. The City shall not reimburse Attorneys
for ordinary overhead expenses or unusual expenses which do not have prior written authorization
from one of the foregoing City personnel.
9. EXTRAORDINARY EXPENSES The City will review and approve in writing
all requests for extraordinary expenses before the same are incurred by Attorneys. By way of
example, extraordinary expenses shall include expenses for preparing complex motions, retaining
experts and consultants, and preparing lengthy/detailed documents or reports.
10. NOT TO EXCEED AMOUNT. The total fees and costs incurred under this
Agreement shall not exceed $50,000 unless approved in advance by the CITY.
11. COMMUNICATIONS. Copies of all pertinent correspondence, investigations,
documents and pleadings shall be promptly provided by Attorneys to the City upon request.
Attorneys shall promptly respond to all letters or phone calls and will keep the City fully advised
of the progress in each legal matter. Attorneys shall timely notify the City of all significant
events.
12. UPDATES. Attorneys shall provide the City with periodic updates in all legal
matters and upon request by the CITY.
13. SETTLEMENT AUTHORITY. Attorneys shall not settle any lawsuit or contract
matter or make a settlement offer in any amount or make any representation as to settlement
possibilities without prior authorization of the City and as required by the CITY's settlement
policies.
14. RECORDS. Consistent with the CITY's records retention policy, Attorneys shall
retain all records (except for original time records) for a period of seven (7) years from the date of
completion of services; or, alternatively, if Attorneys' own internal retention policy is for a period
less than that provided under CITY's retention policy, Attorneys shall, after expiration of its own
internal retention period, forward the records to the City for retention. In no event shall Attorneys
destroy or otherwise purge any records without providing the CITY with thirty (30) days written
notice of such purging. Records will be made available to CITY upon request . Attorneys will
maintain both invoices of costs and primary records in order that such costs may be audited.
(Original time records will be retained for two years.)
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15. INDEMNIFICATION. Attorneys shall indemnify, defend, and hold harmless the
CITY, its officers, agents, employees and volunteers from any and all claims, suits, or actions of
any kind to the extent arising from the negligence, errors or omissions or willful misconduct of
Attorneys in the performance of this Agreement.
16. PROFESSIONAL LIABILITY INSURANCE. Attorneys shall maintain at least
$3,000,000 of professional liability insurance coverage during the term of this Agreement.
17. RULES OF PROFESSIONAL CONDUCT. In addition to the requirements of
this Agreement, Attorneys shall fully comply with their obligations under the Rules of
Professional Conduct of the State Bar of California .
18. NONDISCRIMINATION. Attorneys shall comply with all applicable federal,
state, and local laws, rules, and regulations in regard to nondiscrimination in employment because
of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition,
pregnancy, disability, or other prohibited basis. All nondiscrimination rules or regulations
required by law to be included in this Agreement are incorporated by this reference.
19. STATUS OF ATTORNEYS. At all times during the term of this Agreement,
Attorneys shall be an independent contractor of the CITY. No personnel employed by Attorneys
shall acquire any rights or status as employees of the CITY, and Attorneys shall be responsible in
full for payment of their employees, including fringe benefits and payment of all applicable
federal, state and local taxes. Based on the scope of this engagement, the attorneys and other firm
personnel providing services to CITY under this Agreement shall not be considered a "public
official" for the purposes of Government Code Section 87200 et seq.
20. WITHDRAWAL. Attorneys may withdraw at any time as permitted under the
Rules of Professional Conduct of the State Bar of California.
21. TERMINATION. CITY may terminate this Agreement at any time. CITY shall
be responsible for payment of those legal services rendered by Attorneys prior to notice of
termination . All files, written material, and documents will be transferred to CITY upon request
after such termination. Attorneys will be available to consult with CITY or with CITY's new
attorneys with respect to facts and circumstances of any legal matter for a reasonable time
following such period of termination.
22. MODIFICATION. If, during the term of this Agreement, it becomes necessary to
amend or add to the terms, conditions, scope or requirements of this Agreement, such amendment
or addition shall only be made after mutual agreement of Attorneys and CITY, and by way of
execution of a written modification to this Agreement.
23. MERGER. This Agreement contains the entire agreement of the parties. No other
agreement, statement or promise made on or before the effective date of this Agreement will be
binding on the parties.
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24. EFFECTIVE DATE. The effective date of this Agreement shall be deemed to be
September 1, 2023.
Bertrand, Fox, Elliot, Osman & Wenzel,
A Professional Corporation
By: 7 1 kw* F
Thomas ?Bertrand, President
CITY OF REDLANDS
By:
Eddie Tejeda, May.r
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