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HomeMy WebLinkAboutContracts & Agreements_118-2020 I Granite Bay 11 Ontario (916)325-4000 (909)989 8584 Indian Wells BEST BEST&KRIEGER Sacramento (760)568-2611 (916)325 4000 ORNF 1 S A r L 311 Irvine San Diego (949)263-2600 (619)525 1300 Los Angeles 3390 University Avenue,5th Floor P 0 Box 1028 Riverside CA 92502 Walnut Creek (213)617 8100 Phone (951)686 1450 I Fax (951)686 3083 j www bbklaw corn (925)977 3300 Manhattan Beach Washington DC (310)643 8448 (202)785-0600 Michelle Ouellette (951)826 8373 michelle ouellette@bbklaw corn June 2, 2020 Darnel J McHugh, City Attorney City of Redlands 35 Cajon Street, Suite 200 Redlands, CA 92373 Re Consent and Waiver-Representation of San Bernardino Valley Municipal Water District Dear Mr McHugh Best Best&Krieger LLP ("BBK")is pleased to continue to represent the City of Redlands (the"City") as its Special Counsel on water nghts,water quality, and other environmental matters regarding the Valley District Percolation Pond Proposal matter which involves the San Bernardino Valley Municipal Water District(the "City Matters") As we have told you, BBK also represents the San Bernardino Valley Municipal Water District (the "District") in the coordinated Delta Stewai dslnp Council Cases, which involves challenging the Council's 2013 adoption of a Plan and accompanying regulations under the Delta Reform Act (Sacramento Superior Court Case No JCCP 4758, Court of Appeal Case No C082944) (the "Lawsuit") The Lawsuit and the City Matters are unrelated Nonetheless,if BBK represents the City on the City Matters and the District on the Lawsuit concurrently, this creates a potential conflict of interest for BBK Therefore, we write to advise the City of the potential conflict of interest, the impact of our representation, and to obtain the City's informed written consent to proceed RULES OF PROFESSIONAL CONDUCT Rule 1 7 of the California Rules of Professional Conduct provides in pertinent part (a) A lawyer shall not, without informed written consent from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter (b) A lawyer shall not,without informed written consent from each affected client and compliance with paragraph (d), represent a client if there is a significant nsk the lawyer's representation of the client will be materially limited by the lawyer's 09962.00000\32938806 1 I gi BEST BEST& KRIEGER E A f [ O N Fl s Al LA1 City of Redlands June 2, 2020 Page 2 responsibilities to or relationships with another client, a former client or a third person, or by the lawyer's own interests (d) Representation is permitted under this rule only if the lawyer complies with paragraphs (a), (b), and (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client, (2) the representation is not prohibited by law, and (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal SCOPE OF REPRESENTATION &DISCLOSURES As part of this consent, the City agrees that we may represent the District on the Lawsuit and possibly other unrelated matters as needed while we concurrently represent the City on the City Matters and possibly other unrelated matters as needed Our representation of the City and the District as described in this letter is not prohibited, but requires the City's consent We do not believe our representation of the District will impair our competency, diligence or loyalty to the City nor will it otherwise materially limit our representation of the City or impair our independent professional judgment in any way For example, we do not believe we will be tempted to favor the interests of one client over the other, nor do we think the relationship will create any appearance of impropriety However, these are all things the City should consider before signing this waiver In the event that circumstances change or we become aware of new information that requires client consent or new notice, each client will be notified of that fact immediately, and continued representation will be subject to that notice and the informed written consent of each client will be obtained as necessary Should an actual conflict of interest develop in the future or if the relationship should materially limit our representation of either client, we may be required to terminate our representation,which could impact attorney's fees and costs should the City need to hire new counsel at that time THE CITY'S CONSENT If the City agrees to the above, we need a representative of the City to sign this consent letter This consent will not waive any protection that the City may have with regard to attorney- 09962 00000\32938806 1 I$J BEST BEST&KRIEGER'E AT'TORNE S AT L 'W City of Redlands June 2, 2020 Page 3 client communications with us in its matter Those communications will remain confidential and will not be disclosed to any third party without the City's consent Please consider this matter carefully, and do not hesitate to contact us if the City has any questions or concerns The City's execution of this consent form will constitute an acknowledgment of full disclosure in compliance with the requirements of Rule 1 7 of the California Rules of Professional Conduct previously quoted in this letter, and the City's consent to proceeding with our representation of it If the City has any questions,please do not hesitate to call Sincerely, Michelle Ouellette of BEST BEST&KRIEGER LLP CONSENT By this letter, Best Best & Kneger LLP has explained the existing and/or reasonably foreseeable potential risks and conflict(s) of interest in the above-referenced matter, and has informed the City of the possible consequences of this representation and these conflicts The City understands that it has the right to and has been encouraged to consult with independent counsel before signing this consent,and the City acknowledges that it has been given sufficient time to do so Notwithstanding the foregoing,the City hereby consents and agrees to be represented by Best Best& Kneger LLP B6[32 J-12 Dated 6/2-AO Paul W Foster, Mayor ATTEST By e Donaldson, City Clerk 09962.00000132938806 1