HomeMy WebLinkAboutContracts & Agreements_55-2025LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT ("Agreement") is entered into this I OTH of
AP �.tl._ 12025, by and between the CITY OF REDLANDS, a
California municipal corporation (hereinafter referred to as "City") and the Law
Offices of CARPENTER, ROTHANS & DUMONT LLP, a California Limited Liability
Partnership (hereinafter referred to as the "Firm") and collectively referred to herein
as the "Parties".
NOW, THEREFORE, the parties hereto do hereby mutually agree as
follows:
Se i n 1. Scope of Engagement.
Firm has been retained to represent former City if Redlands employee Officer
Michael Reiss in a pending civil litigation matter entitled Julie C. Alva rado-Salcido
v. City of Redlands, et al., and such legal matters as may be otherwise assigned
to the Firm by City. Firm's representation will continue under the terms of this
Agreement up to and through trial, settlement, arbitration, dismissal, judgment or
any other final resolution of the pending civil case. The scope of Firm's
engagement will not include issues pertaining to any other matter, post judgment
motions, appeals, or any other post judgment issues, unless approved by both
Parties.
ction 2. Legal Fees, Billing Procedures_
Professional time is billed in increments of 1110th of an hour. Legal services
should be adequately described as follows:
• Date the services were rendered;
• Description of services;
• Identity of the person(s) rendering the services described;
• Rate at which the person(s) rendering the services is billed out;
• Amount of time expended by each person for the services described;
• Calculated for that particular billing entry; and
• The total amount paid to date.
The Firm's charges for legal services are based on the following hourly rates:
$295 per hour for Partners, $275 for Associates; and $110 for Law
Clerks/Paralegals. Firm agrees to follow any litigation management policies and
procedures of City or its Risk Pool, a copy of which shall be provided to Firm.
Firm shall submit to City an invoice which shall itemize the services rendered and
the costs advanced during the billing period and the amount due.
Section 3. Costs and Expenses.
Firm may incur certain costs and expenses on City's behalf. Firm will obtain
consent before incurring any cost in excess of $1,000. Firm shall include the
actual amount (without mark-up) for costs and expenses on the City's billing
invoice. The costs and expenses that Firm will bill City for include, but are not
limited to process servers fees, fees fixed by law or assessed by courts or other
agencies, court reporters' fees, long distance calls, messenger and other delivery
fees, postage, parking, investigation expenses, and expert witness fees. Mileage
shall be billed at the IRS approved rate and in -office photocopying and facsimiles
shall be billed at no more than .10 cents per page, and other similar items. City
shall not pay for expenses such as staff overtime, word processing, special
publications or attendance at continuing legal education seminars.
Section 4. General Responsibilities of Attorney and Client.
Firm will provide services of the type described above, and will keep City
informed of the progress and timely respond to City's inquiries. City will provide
Firm with such factual information and materials as Firm may require to perform
the services, and Firm will make such professional or technical decisions and
determinations as are appropriate for the matter.
Section 5. Discharge and Withdrawal.
City may discharge Firm at any time for any reason. In addition, it is understood
that Firm may terminate its legal services and withdraw from this engagement
with City's consent or for good cause. Good cause includes any breach of this
Agreement, failure to pay Firm's fees and other charges promptly, refusal to
cooperate with Firm or refusal to follow Firm's advice on a material matter or any
other fact or circumstance that would render Firm's continuing representation
unlawful or unethical.
In the event Firm's engagement is terminated for any reason, City will continue to
be obligated for Firm's services and other charges incurred before the
termination date.
Section 6. Insurance.
Firm shall maintain the following insurance coverage:
a. Workers' Compensation Coverage. Firm shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California.
b. General Liability Coverage. Firm shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000)
per occurrence for bodily injury, personal injury and property damage.
C. Professional Liability Coverage. Firm shall maintain professional errors
and omissions liability insurance for protection against claims alleging negligent
acts, errors or omissions which may arise from Firm's services under this
Agreement, whether such services be by the Firm or by its employees,
subcontractors, or subconsultants. The amount of this insurance shall not be
less than one million dollars ($1,000,000) on a claims -made annual aggregate
basis, or a combined single -limit per occurrence basis.
d. Deductibles and Self -Insured Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City. At the City's
option, Firm shall demonstrate financial capability for payment of such
deductibles or self -insured retentions.
e. Certificates of Insurance and Endorsements. Firm shall provide
certificates of insurance to City upon request as evidence of the insurance
coverage required herein.
Section 7. Survival.
In the event that any provision of this Agreement is deemed to be illegal or
unenforceable, such determination shall not affect the validity or enforceability of
the remaining provisions hereof, all of which shall remain in full force and effect.
Section 8. Client Documents.
Firm will maintain all documents City furnishes to Firm in its client files
maintained for the matter. At the conclusion of the matter (or earlier, if
appropriate), City shall advise Firm as to which, if any, of the documents in Firm's
file City wishes be returned to City. Firm may keep copies thereof to the extent
necessary for Firm's records.
Section 9. Assignment. Firm may not assign, transfer, convey, pledge
nor otherwise dispose of its rights or obligations hereunder, without prior written
consent of CITY.
Section 10. Entire Agreement.
This Agreement constitutes the entire agreement between the Parties concerning
the engagement described in paragraph 2. It supersedes all prior agreements
and understandings, written or oral, and no representation by the Parties, written
or oral, are binding unless expressly stated in this Agreement. This Agreement
may be modified only in a writing signed by all Parties to this Agreement.
3
IN WITNESS WHEREOF, this Agreement has been duly authorized and
executed by the Parties hereto on the day and year first herein above written.
"CITY"
City of Redlands
ATTEST:
APPROVED AS TO FORM:
/ '",c"_
"FIRM"
Law Offices of Carpenter, Rothans &
Dumont LLP
By:
Its: Managing Partner
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