HomeMy WebLinkAboutContracts & Agreements_149C-2024LEGAL 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 two (2) police personnel matters as described under separate cover
by the City Attorney. 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 four (4)
months, from September 1, 2024 through December 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 F. 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:
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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 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. City Attorney shall be included in all correspondence, reports and communications by
Attorneys related to the legal services.
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, 2024.
Bertrand, Fox, Elliot, Osman & Wenzel, LLC
B
Thomas F. B rtrand
City of Redlands
By:
die Tejeda, Mayor
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