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Home My WebLink AboutContracts & Agreements_185-2025LEGAL SERVICES AGREEMENT 1. IDENTIFICATION OF PARTIES This Legal Services Agreement ("Agreement") is made on this 6th day of October, 2025 by and between the City of Redlands; hereinafter referred to as "Client," and Haverkamp Law APC, hereinafter referred to as "Attorney." This agreement is required by Business & Professions Code §6147 and is intended to fulfill the requirements of that section. 2. LEGAL SERVICES TO BE PROVIDED The legal services to be provided by Attorney to Client are as follows: represent client with respect to obtaining reimbursement from Continental Casualty Company/Enstar (Client's excess Workers' Compensation Insurer) on the Walter Harrison workers' compensation claim. If litigation is initiated, Attorney shall obtain Client's City Council approval prior to filing such action. 3. RESPONSIBILITIES OF ATTORNEY AND CLIENT Attorney will perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. All communications shall be copied to the Client's in-house City Attorney, Yvette M. Abich Garcia, atyaarcialiucitvofredlands.ora. 4. ATTORNEY FEES AND COSTS The amount Attorney will receive for attorney fees for the legal services to be provided under this agreement will be: $350 per hour for partners; and $125 for paralegals. Client shall reimburse Attorney for any out-of-pocket cost/expenses (i.e., document reproduction, messenger/process service, expert fees, postage, deposition fees) without mark-up, reasonably related to the performance of the legal services. Any cost/expense exceeding $500 requires prior approval from Client. 5. BILLING. Attorney will bill Client each month for the legal services provided by Attorney to Client pursuant to this Agreement as well as all reimbursable cost and expenses. All bills for legal fees will set forth in detail the work performed during the billing period in -line item format so that each task is separately explained and specific time recorded. Bills for reimbursable costs and expenses will set forth the cost for each category of such expenses incurred during the billing period in addition to the total cost of the expenses and attach any backup invoices. Client agrees to pay Attorney's invoice within thirty (30) days. PAGE I 6. INSURANCE. Attorney agrees to obtain and maintain in full force and effect, during the term of this Agreement, the following insurance coverage: A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Attorney shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. 7. Attorney shall hold Client and Client's officers, employees, agents, and volunteers harmless and free from any and all claims or liabilities or expenses, including attorney's fees, caused by Attorney's negligent or wrongful performance of its legal services pursuant to this Agreement, save and except for any such claim, liability, or expense arising out of the willful misconduct, sole negligence or concurrent active negligence of Client and/or Client's officers, employees, agents, or volunteers. In the event Client and/or any of Client's officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to Attorney's performance of its legal services pursuant to this Agreement, other than a lawsuit or claim arising out of their willful misconduct sole negligence or concurrent active negligence, Attorney shall reasonably defend and indemnify them for any judgment rendered against them. 8. FILES. Attorney agrees that all legal files maintained by Attorney pertaining to the legal services provided to Client pursuant to this Agreement are and will remain Client's property. However, Attorney will have the right to retain copies of such files upon completion of the Services provided for by this Agreement, or upon the earlier termination such legal services in the manner hereinafter provided in this Agreement. For purposes of this Agreement the term "files" will include electronic files and data, as well as paper files that are maintained by Attorney in the performance of the legal services. Ordinarily, electronic files will be maintained for four (4) PAGE2 years and paper files may be provided to Client at the conclusion of the matter or litigation or returned to Client, at Client's option. 9. TERMINATION OF SERVICES. Client may terminate this Agreement with or without cause at any time by serving Attorney with notification of such termination by mail, by fax, or by Client's Representative's oral notice of termination followed by written confirmation of same served on Attorney's Representative by mail. Attorney, on the other hand, may terminate this Agreement only with Client's written consent or Court Order, or in the event Attorney is unable to continue to provide the services required by this Agreement for good cause or causes beyond Attorney's control. 10. INDEPENDENT CONTRACTOR. Client and Attorney agree that Attorney will act as an independent contractor and will have control of all work and the manner in which is it performed. Attorney is not an agent or employee of Client and is not entitled to participate in any pension plan, insurance, bonus or similar benefits Client provides for its employees. Any provision in this Agreement that may appear to give Client the right to direct Attorney as to the details of doing the work or to exercise a measure of control over the work means that Attorney will follow the direction of the Client as to end results of the work only. 11. PARTIES' REPRESENTATIVE. The name, address and telephone number of Attorney's Representative is as follows: Albert E. Haverkamp Haverkamp Law, APC 2211 Encinitas Blvd. #225 Encinitas, CA 92024 (858)204-4634 The name, address and telephone number of Client's Representative is as follows: City of Redlands 35 Cajon St., Suite 200 Redlands, CA 92373 (909)798-7514 12. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. PAGE3 13. ENTIRE AGREEMENT 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. 14. SEVERABILiTY IN THE EVENT OF PARTIAL INVALIDITY If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect. 15.. MODIFICATION BY SUBSEQUENT AGREEMENT This agreement may be modified by subsequent agreement of the Parties only by an instrument in writing signed by both of them or by an oral agreement to the extent that the Parties carry it out. H ;IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. HAVERKAMP LAW APC Dated: October 6, 2025 BR4-i Albert E. Haverkamp CITY OF REDLANDS Dated: October, 2025 By: �— Mario Saucedo, Mayor ATTEST: J Donaldson, City Clerk PAGE4