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HomeMy WebLinkAboutZweiback Agreement March 11, 2020 VIA EMAIL: jv.2015@yahoo.com Mayor John Valdivia City of San Bernardino 290 North "D" Street -- 8th Floor San Bernardino CA 92401 Re: Engagement Letter Dear John: We are pleased that you, John Valdivia (“you” or the “Client”), have chosen Zweiback, Fiset & Coleman LLP (“us” or the “Firm”) as your legal counsel. The purpose of this letter is to confirm the terms of our engagement. This written agreement (“Agreement”) shall govern this engagement. This Agreement will not take effect, and we will have no obligation to provide legal services, until you return a signed copy of this Agreement. 1. Defining Scope of Engagement. We understand that the scope and nature of our engagement are limited to representation in a city investigation of you related to allegations of sexual harassment made by current and former city staff, and matters related thereto including any resulting litigation. The scope of our engagement under this letter may be enlarged from time to time as you ask us to perform additional services and we agree to perform such additional services. No additional agreement will be required to document these periodic changes. We will provide those legal services reasonably required to represent you in this engagement. You agree that you will be truthful with us and cooperate with us in this matter and keep us informed of any information that comes to your attention that is material to the engagement. You agree to pay your fees under this Agreement on time and to keep us informed of your location and contact information. You agree to assist us in providing necessary information and documents. All discussions during our meetings are protected by the attorney-client privilege and thus, confidential and protected. 2. Lawyers Working on Engagement. I will be the lawyer primarily responsible for working on this matter. From time to time I may also involve other partners and associates under my supervision. John Valdivia March 11, 2020 Page | 2 3. Fee Arrangement. Throughout the period of this engagement, we will send monthly statements for our legal services rendered in the previous month to you. Payment is due upon receipt. Each statement describing our services will be presented in a form acceptable to you and us. Should you have a question about any statement or charges, please call me promptly. For this matter, we have agreed to a blended rate of $400/hour for all attorneys. Our engagement will commence once the engagement letter has been signed returned to me. Client understands that the fees will be paid by a third party, and Client consents to such an arrangement. Even though your fees will be paid by a third party, Client alone has an attorney- client relationship with the Firm regarding this case. The Firm’s sole duty of loyalty in the matters is to the Client. Privileged information cannot and will not be disseminated to any third party unless directed by you. We understand a third party will direct our handling of the fees in this matter. You have authorized us to prepare a single bill for them each month for our services, including redactions of any attorney/client privileged information. Accordingly, all billing statements in connection with this agreement shall be directed to the following: if to the Firm, Michael Zweiback, Esq. Zweiback, Fiset & Coleman LLP 523 W 6th Street, Suite 450 Los Angeles, CA 90014 if to you, Mayor John Valdivia City of San Bernardino 290 North "D" Street -- 8th Floor San Bernardino CA 92401 4. Costs and Expenses. In addition to legal fees, the statements will include charges for related expenses and services such as: computerized research; travel; document production and binding; court costs; delivery services; filing fees; and secretarial overtime to the extent required by the particular assignment. 5. Mutual Right to Terminate. As in any professional relationship where mutual trust and confidence are essential, it is appropriate for either you or Zweiback, Fiset & Coleman LLP to be able to terminate our engagement at any time by reasonable written notice. If our engagement is terminated, you agree to take whatever steps are reasonably necessary to indicate that we are free from any obligation to perform further and to pay us for unpaid fees for legal services rendered and for related expenses and services incurred to the date of termination. 6. File Retention. Except for those files that, at the option of either the Client or us, we return earlier, it is our current policy to retain files relating to an engagement for seven (7) years following the conclusion of the engagement. At our discretion, we may retain the files in John Valdivia March 11, 2020 Page | 3 either hard copy of electronic format. If you object to our retaining them only in electronic format, we should be advised before the termination of the engagement. During the time that we retain the files following the completion of our engagement, you may request that we assemble and return to you those files to which you are entitled, with the costs and fees of that task to be paid by you. We retain the right to retain copies of all files, and you agree to pay the costs for making these copies. If, at the end of seven (7) years you have not requested the return of those files, you are giving us permission to destroy those files without further notice to you. 7. Arbitration of Fee Disputes Provision. In the event a disagreement over our billings for fees or costs arises that cannot be resolved by candid discussion between us, you have the right to timely request non-binding arbitration of the disagreement pursuant to the Mandatory Fee Arbitration Act (Cal Bus. & Prof. Code Section 6200, et seq.), which is administered through the Los Angeles County Bar Association. 8. Client Acceptance of Terms of Engagement. Your signature below will confirm that this Agreement correctly reflects the terms of our engagement. Please sign and date this Agreement where indicated below and return to me a signed copy. We look forward to a long and mutually beneficial relationship. Should you have any questions please do not hesitate to contact me. Best regards, Michael Zweiback AGREED AND ACCEPTED _______________________________ Dated: _______________ John Valdivia