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Bend OR I uil Riverside
(541) 382-3011 (951) 686-1450
Indian Wells BEST BEST & KRIEGER Sacramento
(760) 568-2611 ATTORNEYS AT LAW (916) 325-4000
Irvine San Diego
(949) 263-2600 (619) 525-1300
Los Angeles 18101 Von Karmen Avenue, Suite 1000, Irvine, CA 92612 Walnut Creek
(213) 617-8100 Phone: (949) 263-2600 I Fax: (949) 260-0972 ( www.bbklaw com (925) 977 3300
Ontario Washington, DC
(909) 989-8584 (202) 785-0600
Alisha M. Winterswyk
(949) 263-6565
alisha.winterswyk@bbklaw.com
File No 09957 00000
January 10, 2022
VIA E-MAIL TO DANMCHUGH@CITYOFREDLANDS.ORG
Dan McHugh, City Attorney
City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92373
Re: Continued Engagement of Best Best & Krieger LLP
Dear Mr McHugh.
ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to continue representing the City of Redlands
("Redlands") as special counsel. Specifically, we will assist Redlands in defending the anticipated
Petition for Writ of Mandate filed by Save Redlands Orange Grove as to the Diversified Pacific
Project located within the City of Redlands. This letter constitutes our agreement setting the terms
of our representation. If you want us to represent you and agree to the terms set forth in this letter,
after you review the letter please sign it and return the signed copy to us.
CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney -client relationship requires mutual trust between the client and the attorney It
is understood that communications exclusively between counsel and the client are confidential and
protected by the attorney -client privilege.
To also assure mutuality of trust, we have maintained a conflict of interest index. The
California Rules of Professional Conduct defines whether a past or present relationship with any
party prevents us from representing Redlands. Similarly, Redlands will be included in our list of
clients to ensure we comply with the Rules of Professional Conduct with respect to Redlands.
We have checked the following names against our client index. City of Redlands, Save
Redlands Orange Grove, John G McClendon, Leibold McClendon & Mann, Diversified Pacific,
Redlands Palm Investments, LLC, Mark Ostoich and Gresham Savage Nolan & Tilden, PC Based
on that check, we can represent Redlands in this matter Please review the list to see if any other
09957.00000\34692867 1
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Dan McHugh, City Attorney
January 10, 2022
Page 2
persons or entities should be included. If you do not tell us to the contrary, we will assume that
this list is complete and accurate. We request that you update this list for us if there are any changes
in the future.
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
Our billing rates for this matter will be privates rates less 10%. My colleague Sarah
Owsowitz will be assisting me with this matter along with my associate Megan Kilmer Our
current private rates are as follows
Alisha Winterswyk — $530/hour
Sarah Owsowitz — $560/hour
Megan Kilmer — $300/hour
Other attorneys may be called upon from time to time to work on matters as particular
needs arise and will be billed at current individual rates depending upon the area of expertise.
Hourly rates for those attorneys fall within the following ranges for new work. Partners and Of
Counsel range from $350 to $850 per hour; Associates range from $235 to $385 per hour, and
Paralegals and Clerks from $175 to $295 per hour These ranges cover both our public and private
rates.
Our rates are reviewed annually and may be increased from time to time with advance
written notice to the client.
The billing policies are described in the memorandum attached to this letter, entitled "Best
Best & Krieger LLP's Billing Policies." You should consider the Billing Policies memorandum
part of this agreement as it binds both of us. For that reason, you should read it carefully
INSURANCE
We understand that you are not now insured or have any insurance that may cover potential
liability or attorneys' fees in this case. If you think you may have such insurance, please notify
me immediately
We are also pleased to let you know that Best Best & Krieger LLP carries errors and
omissions insurance with Lloyd's of London. After a standard deductible, this insurance provides
coverage beyond what is required by the State of California.
09957.00000\34692867 1
Dan McHugh, City Attorney
January 10, 2022
Page 3
BEST BEST & KRIEGER n
ATTORNEYS AT LAW
NEW MATTERS
When we are engaged by a new client on a particular matter, we are often later asked to
work on additional matters. You should know that such new matters will be the subject of a new
signed supplement to this agreement. Similarly, this agreement does not cover and is not a
commitment by either of us that we will undertake any appeals or collection procedures. Any such
future work would also have to be agreed upon in a signed supplement.
CIVILITY IN LITIGATION
In litigation, courtesy is customarily honored with opposing counsel, such as extensions to
file pleadings or responses to other deadlines. In our experience, the reciprocal extension of such
courtesies saves our clients' time and money By signing this letter you will be confirming your
approval of this practice in your case.
HOW THIS AGREEMENT MAY BE TERMINATED
You, of course, have the right to end our services at any time. If you do so, you will be
responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and
costs in transferring the case to you or your new counsel. By the same token, we reserve the right
to terminate our services to you upon written notice, order of the court, or in accordance with our
attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as
agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent
you for ethical or practical concerns.
CLIENT FILE
If you do not request the return of your file, we will retain your file for five years. After
five years, we may have your file destroyed. If you would like your file maintained for more than
five years or returned, you must make separate arrangements with us.
THANK YOU
On a personal note, we are pleased that you have selected Best Best & Krieger LLP to
represent you. We look forward to a long and valued relationship with you and appreciate your
confidence in selecting us to represent you in this case. If you have any questions at any time
about our services or billings, please do not hesitate to call me.
09957.00000\34692867 1
iiK
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Dan McHugh, City Attorney
January 10, 2022
Page 4
If this letter meets with your approval, please sign and date it, and return the original to us.
Unless you sign, date and return the original, we will not represent you in any capacity, and we
will assume that you have made other arrangements for legal representation We have enclosed a
separate signed copy of this letter for your records
AMW.mmc
Dated
ATTEST.
Donaldson, City Clerk
Sincerely,
Allsha M Winterswyk
of BEST BEST & KRIEGER LLP
09957 00000\34692867 1