A T K I N S O N , A N D E L S O N , L O Y A , R UUD & R O M O
C E R R I T O S
(562) 653 -3200
F R E S N O
(559) 225 -6700
I R V I N E
(949) 453 -4260
M A R I N
(628) 234 -6200
A P R O F E S S I O N A L L A W C O R P O R A T I O N
A T T O R N E Y S A T L A W
2151 R I V E R P L A Z A D R I V E, S U I T E 300
SACRAMENTO , CALIFORNIA 95833 -4130
(916) 923 -1200
FAX (916) 923 -1222
WWW.AALRR.COM
P A S A D E N A
(626) 583 -8600
P L E A S A N T O N
(925) 227 -9200
R I V E R S I D E
(951) 683 -1122
S A N D I E G O
(858) 485 -9526
42396573.2
[email protected]
(916) 920-6954
October 5, 2023
VIA EMAIL
[email protected];[email protected]
CONFIDENTIAL, SUBJECT TO ATTORNEY-CLIENT PRIVILEGE
Genevieve Valdez
Oscar Avila
City of San Bernardino
290 North D Street
San Bernardino, California 92401
Re: Representation re Christina Nedrebo v City of San Bernardino, et al.
Dear Ms. Valdez and Mr. Avila,
We have received the City’s request for representation in the above-referenced matter. The purpose of this letter is to confirm the terms and conditions of the representation of THE CITY OF SAN BERNARDINO (the “Client” or “you”) by Atkinson, Andelson, Loya, Ruud & Romo (the “Firm,” “we,” or “us”) in connection with Christina Nedrebo v. City of San Bernardino, et al. (the “Matter”). These same terms and conditions will apply to any other matter that the Firm agrees to handle for you at your request unless you and the Firm enter into a separate written agreement regarding such other matter.
These terms and conditions will not take effect, and we will have no obligation to provide legal services until you return a signed copy of this representation agreement and pay the initial deposit, if any, called for in this agreement.
Scope of the Firm’s Representation. You have engaged the Firm to represent you in connection with the Matter and the Firm has agreed to defend only the City of San Bernardino in connection with this Matter.
Our services will not extend to any of your other legal affairs o r other aspects of your activities unless you and the Firm agree to such representation. You understand and agree that the Firm’s receipt or use of confidential or other information from you or others in the course of this representation will not give ris e to any expectation by you that the Firm will render any other advice or services.
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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If a court action or arbitration is initiated, we will represent you through the trial or arbitration and any post trial or arbitration motions. We will not represent you on appeal or in any execution proceedings unless you and we agree on a further representation in writing.
Insurance. With respect to insurance coverage for any matters covered by the scope of services under this Agreement, you agree that it is your own re sponsibility, rather than the Firm’s responsibility, to identify potential insurance coverage and to tender legal matters to any appropriate insurance companies that may insure you. If you desire that the Firm become involved in identifying potential insu rers and/or the tender of legal disputes, then a separate written agreement between you and the Firm to that effect will be required.
Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
• Additional Insured
The City of San Bernardino, its offici als, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
• Commercial General Liability
• The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. • Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
• Commercial General Liability Insurance must include coverage for the following:
• Bodily Injury and Property Damage
• Personal Injury/Advertising Injury
• Premises/Operations Liability
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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• Products/Completed Operations Liability
• Aggregate Limits that Apply per Project
• Explosion, Collapse and Underground (UCX) exclusion deleted • Contractual Liability with respect to this Contract
• Broad Form Property Damage
• Independent Consultants Coverage
• The policy shall contain no endorsements or provisions limiting co verage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
• The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. • The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. • Automobile Liability
• At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
• Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
• The policy shall give City, its elected and appoi nted officials, officers, employees, agents and City designated volunteers additional insured status. • Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the C ity as an additional insured, but not a self-insured retention.
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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• Workers’ Compensation/Employer’s Liability
• Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
• To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
• Professional Liability (Errors and Omissions)
At all times during the pe rformance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein .
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Se rvices” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. • Privacy/Network Security (Cyber)
At a ll times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spre ad of malicious software code, in a form and with insurance companies acceptable to the City.
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury an d property damage, in a form and with insurance companies acceptable to the City. • Minimum Policy Limits Required
• The following insurance limits are required for the Agreement:
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury , personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate • Defense costs shall be payable in addition to the limits. • Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. • Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. • Policy Provisions Required
• Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the Gene ral Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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• The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
• The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if th e retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
• All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers an d insurance clauses from each of its subconsultants.
• The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City und er other provisions of the Agreement or law.
• Qualifying Insurers
• All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
• Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. • Additional Insurance Provisions
• The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
• If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
• The City may require the Consultant to provide complete copies of all insurance policie s in effect for the duration of the Project.
• Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. • Subconsultant Insurance Requirements.
Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, act ions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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volunteers. Consultant’s indemnification obligation shall sur vive the expiration or earlier termination of this Agreement.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, reckless ness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
The Firm will not settle, negotiate or compromise the Matter without your consent.
Assignment of Firm Personnel. I will be primarily responsible for the supervision of the Matter, but you are engaging the Firm, not me individually. As we discussed, I expect that my associate Angelo E. Mishriki , Esq. and a paralegal will be assisting me with the Matter. As and when necessary, I will draw upon the talent and expertise of other atto rneys and paralegals along with legal assistants to handle this Matter.
Communication by Firm. The Firm will keep you regularly and currently informed of the status of the Matter and will consult with you when appropriate. Copies of significant correspon dence and documents will be sent to the person designated by you from time to time for that purpose. In the event that you need to reach the Firm and the person sought is unavailable, please leave a message for the person concerned, disclosing the nature and urgency of the call. It is the Firm’s policy that all calls will be returned promptly and in any event no later than within one business day of receipt of the call. If you have not received a return call within that time, please call again.
Client Co operation. You understand and agree that, in order for the Firm to represent you effectively, it is necessary for you to assist and cooperate with the Firm during this engagement.
You agree to (1) make yourselves (including employees, if applicable) available to discuss issues as they arise in this matter; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis. Your non-cooperation will be grounds for the Firm’s withdrawal from representing you. It is essential that you and the Firm maintain open communications.
Protection of Client Confidences – High Tech Communication Devices . The Firm stays constantly aware of its important obligation to preserve the secrets and confidences of its clients, which it holds in precious trust for them. To that end it is important that you and the Firm agree from the outset what kinds of communications technology the Firm should employ in the course of this engagement. For instance, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.
Therefore, you should only provide the Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to you for receiving confidential communications from the Firm.
If you have any mailing addresses, cellular numbers, facsimile numbers, and email addresses that the Firm should not use for confidential communications, please advise us of these in writing. You agree that the Firm may use any of your cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Firm should not use. You can use t he Technology Questionnaire form at the end of this letter for this purpose.
During the course of our representation of you, it may be necessary to wire transfer funds to the Firm. We will always provide the Firm’s banking information in an encrypted email. Do not rely upon any future purported email from the Firm that changes the wire transfer information without confirming that change through a telephone call directly with a Firm attorney.
Fees and Expenses. The Firm’s fees are generally based on the a ctual time spent on the Matter by the Firm’s attorneys, paralegals and legal assistants. Each has an hourly rate at which his or her time is charged. That rate is set by the Firm, taking into consideration the individual’s professional expertise and other relevant factors. Generally, these rates are revised in November of each year. The current hourly rates are $250 to $910 per hour for the Firm’s attorneys and $225 to $265 for the Firm’s paralegals. Susana P. Solano’s 2023 hourly fee is $350.00 pe r hour and Angelo Mishriki’s 2023 hourly fee is $335.00. Attorney’s time will be recorded in hours and tenths of hours (six minute units) with a minimum entry of two tenths of an hour. Rates for legal assistants and others who perform services for you will be reflected on the invoices issued to you.
It is contemplated that the Firm will, and the Firm reserves the right to, adjust its hourly rates upward in the future.
The amount of the fees based on the actual time spent is not necessarily the amount tha t will be billed to you, but may be adjusted based on the nature of the work performed or the results achieved. Each month before bills are issued, a review is performed to assess the nature and quality of the services performed for you. In cases where there is a significant disparity between the value of the services rendered or results achieved and the fees based on the time spent, the fees may be adjusted, as appropriate under the circumstances, to reflect that value.
In no event shall the total amount paid for services rendered by the Firm under this Agreement exceed the sum of one -hundred thousand dollars ($100,000.00) without first obtaining authorization from the Client.
In addition to our fees, Client will also be responsible for paying a 9% administrative charge calculated and based on fees billed to cover costs and expenses incurred in our handling of the matter such as photocopies, local travel charges and parking, fax charges, telephone charges and other similar charges. In addition to th e administrative charge Client will be responsible for DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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reimbursing Firm for other out-of-pocket charges such as court and filing fees, deposition charges, messenger fees, witness fees, investigator fees and similar charges.
The Firm will not be obligated t o advance costs on your behalf. However, for the purposes of convenience and in order to expedite matters, the Firm reserves the right to advance costs on your behalf with your prior approval in the event a particular cost item exceeds $ 2,000.00 in amount and without your prior approval in the event a particular cost item totals $2,000.00 or less.
The Firm will prepare a monthly statement containing a detailed description of the services performed and the costs advanced by the Firm during each month and will mail such statement to you on or about the 15th of the following month. Payment of the full amount due, as reflected on the monthly statement, will be due from you to the Firm by the end of that following month, unless other arrangements are made. In the event where you have funds deposited in the Firm’s Client Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Firm’s Client Trust Account to the Firm’s General Account to the extent of the balance due on the monthly statement and a credit for such payment will be reflected on the monthly statement.
Any balance of fees or costs advanced remaining unpaid after the due date will be subject to a 1% per month service charge.
Client agrees to review t he Firm’s monthly statements promptly upon receipt and to notify the Firm, in writing, with respect to any disagreement with the monthly statement. Failure to communicate written disagreement with the Firm’s monthly statement within sixty (60) days of Client’s receipt thereof shall be deemed to signify Client’s agreement that the monthly billing statement accurately reflects: (i) the legal services performed; and (ii) the proper charge for those legal services.
Initial Deposit to be Applied to Fees and Co sts Incurred. When the Firm accepts new clients or material for new matters from existing clients, our policy is to request a deposit against the fees and costs expected to be incurred in the first couple months after the Firm is engaged. This is a refundable deposit; any amount not owed for fees and costs incurred will be refunded upon request.
No fee deposit is due at this time but the Firm reserves the right to request a refundable deposit at appropriate intervals during the Firm’s representation of y ou. Additional deposits will be placed in the Firm’s Client Trust Account. You hereby authorize the Firm to withdraw funds held in the Client Trust Account from time to time as fees and costs are incurred.
Conflicts with Other Clients. The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm’s representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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Representation”). Client’s consent to this arrangement is required because of its possible adverse effects on performance of the Firm’s duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the client may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation.
Termination of Representation. You may terminate this representation at any time, subject to the payment of any fees and costs incurred prior to such termination. The Firm may withdraw from this representation for good caus e, on reasonable notice, without your consent. Good cause includes but is not limited to: (1) your failure to cooperate with us as provided above; (2) your failure to pay any bill when due or to replenish the deposit when requested as provided above; or (3) any fact or circumstance that would render our continuing representation unlawful or unethical.
Any termination of our representation of you would be subject to such approval as may be required from any court in which the Firm is appearing on your behalf.
Binding Agreement. This letter represents the entire agreement between you and the Firm with respect to this Matter and any other matter which we agree to perform on your request unless such matter is covered by a separate written agreement between yo u and us. By signing below, you acknowledge that you have carefully reviewed and understand the content of this letter and agree to be bound by all of its terms and conditions. Furthermore, you acknowledge that the Firm has made no representations or gua rantees to you regarding the outcome, or the time necessary to resolve, the Matter. No change or waiver of any of the provisions of this letter will be binding on either you or the Firm unless the change is in writing and signed by both you and the Firm.
Document Retention Policy. The Firm will retain its files on each matter handled for you for five (5) years after the Matter is closed. The Firm will then destroy those files unless you have previously asked the Firm in writing to deliver those files to you. However, the Firm will not destroy the following types of files without giving thirty days’ written notice to you: (1) estate and succession planning files and (2) corporate, limited liability company or partnership organization and records files.
Consent to Firm Communication. As a part of the Firm's commitment to client service, we will send you periodic alerts on case developments and legislative changes. In addition, we will send you notice on Breakfast Briefings, Conferences, and other training opportunities designed to help you with your daily legal concerns. The Firm will send these and other additional service notices to you via regular mail and/or electronic mail at the e -mail address which you designate on the Technology Questionnaire, co ntract, or use in your daily communications with us. We believe that these e -mail notices are a quick and convenient way for us to keep you apprised of legal changes which affect your business.
Termination of Attorney-Client Relationship. The attorney-client relationship between you and the Firm will cease at the conclusion of the Matter. There are instances when the Firm has been DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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engaged to provide ongoing general business, tax and estate planning advice to clients. If the Firm is not asked by the Client to provide advice for a period of one (1) year from the last date the Firm provided such ongoing advice, both you and the Firm agree that the attorney-client relationship is terminated on the last date the Firm provided advice, without further action or notice by either party. All other terms and conditions of this letter will remain in full force and effect, including the obligation to pay all unpaid fees and costs and the obligation to arbitrate any disputes as provided below. If you request addition al legal services and the Firm agrees to perform those services after such termination, the terms and conditions of this letter will apply with respect to such services unless you and the Firm enter into a new written engagement agreement with respect to such services.
Attorneys’ Lien. Client grants the Firm a lien for all amounts owed to the Firm on any sum or sums recovered (whether by litigation, arbitration, settlement or otherwise) in connection with our representation of Client. The Firm is authorized by Client to use this lien to satisfy any obligation owed to the Firm by Client under this letter agreement. The lien will attach to any recovery Client may obtain, whether by arbitration, award, judgment, settlement or otherwise. The effect of such a lien is that the Firm may be able to compel payment of fees and costs from any such funds even if the Firm’s representation of Client has been terminated before the conclusion of the Matter.
Because the lien may affect Client’s property rights, it may be desirable for Client to seek the advice of an independent attorney before agreeing to such a lien. Irrespective of whether or not Client seeks such independent advice, the lien will be effective upon Client’s signing of this letter agreement.
Binding Arbitration. If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, breach of fiduciary duty, misrepresentation, or conflict of interest, such dispute shall be resolved by confidential and binding arbitration upon the written request of one party after service of that request on the other party.
There are significant advantages and disadvantages of binding arbitration. The parties shall agree on an arbitrator with special skills and experience to hear and determine the dispute unlike in a court proceeding where a judge is assigned. If the parties cannot agree, then the Superior Court of Los Angeles County shall choose an impartial arbitrator whose decision shall be final and conclusive on all matters.
The parties shall each have the right of discovery in accordance with Co de of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be si gnificantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
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proceeding. Unlike court proceedings, arbitration proceedings are conducted privately and the outcome will remain confidential. There is no right to a trial by a judge or jury of one’s peers.
There is no limitation on the type of monetary damage that can be awarded by the arbitrator. The client is advised that the client has the right to have an independent lawyer of client’s choice review this arbitration provision.
If the above accurately reflects our mutual agreement, please confirm that by signing and returning a copy of this letter to me. Please do not hesitate to call me to discuss any questions you may have regarding this agreement. In addition, you have the right to consult other counsel to resolve your concerns. In conformance with the Firm’s policy, we cannot commence work upon this engagement until we have received a copy of this letter countersigned by you.
Thank you for giving us the opportunity to assist you with your legal matters. We look forward to working with you on this Matter.
Very truly yours,
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Susana P. Solano
SPS:map
ACCEPTANCE AND CONSENT BY CLIENT
The undersigned is the Client or an authorized officer or agent of Client and has reviewed and hereby agrees and consents to the above terms and conditions of Client’s engagement of the Firm.
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DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
A T K I N S O N , A N D E L S O N , L O Y A , R UUD & R O M O City of San Bernardino
October 5, 2023
42396573.2
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND ATKINSON, ANDERSON, LOYA, RUUD & ROMO IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT/LAW FIRM
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Susana P. Solano,
Partner, Atkinson Andelson, Loya Ruud &
Romo
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B