Loading...
HomeMy WebLinkAboutContracts & Agreements_83-2026COLLINS + COLLINS «P June 7, 2026 VIA EMAIL ygarcia(.&.cityofredlands.org Yvette M. Abich Garcia City Attorney City of Redlands 300 E. State Street, Suite 690 Redlands, CA 92373 MICHAEL L. WRONIAK Orange County Office 750 The City Drive, Suite 400 Orange, CA 92868 T 714-823-4100 F 714-823-4101 mwroniak@ccllp.law RE: LITIGATION SERVICES FOR CITY OF REDLANDS AND EMPLOYEES Dear Ms. Abich Garcia: The purpose of this letter is to set forth the tenns under which we will enter into an attorney -client relationship. This letter, once executed and returned by you will act a5 the Attorney -Client Agreement ("AGREEMENT") and it is being entered into as required under California law between the City of Redlands ("CLIENT") and Collins + Collins LLP ("C+C"). The tenns of engagement of C+C are as follows: I. CONDITIONS. This AGREEMENT will not take effect, and C+C will have no obligation to provide legal services until CLIENT returns the signed original of this AGREEMENT. CLIENT understands and agrees that once fully executed, CLIENT and C+C will be jointly and individually bound by the terins of the AGREEMENT. The parties understand and agree that for purposes of this AGREEMENT and based on the scope of representation outlined in Section 2 below, the term CLIENT includes any employees, fonner employees and/or any other individuals CLIENT designates for representation. Los Angeles County Orange County San Diego County Northern California Inland Empire Nevada www.ccllp.law City of Redlands Retainer Agreement June 7, 2026 Page 2 2. SCOPE AND DUTIES. CLIENT hires C+C to provide legal services, advice, consultation, and representation with regard to the claims, lawsuits and/or other legal actions asserted against CLIENT on an as requested basis ("REPRESENTATION"). CLIENT has no obligation to assign any matter to C+C, but wishes to retain C+C on a case -by -case basis to defend any action assigned to C+C. C+C has no obligation to accept any matter assigned to it, but assuming no other conflict of interests exists at the time of the requested REPRESENTATION, C+C agrees to this representation based on the terns and conditions set forth in this AGREEMENT. It is understood and agreed that where C+C are assigned to represent an individual employee or former employee of CLIENT due to CLIENT'S determination there is an actual or potential conflict of interest between the CLIENT and the employee or former employee, C+C shall represent the individual(s) and not the City of Redlands and therefore, any reporting on matters and invoices sent to the City of Redlands, will be reflective of C+C's need to maintain attorney -client privilege and confidentiality with its assigned client(s). The City of Redlands shall not and cannot compel C+C to disclose attorney -client communications. 3. LEGAL SERVICES SPECIFICALLY EXCLUDED. The legal services that are not to be provided by C+C under this AGREEMENT specifically include, but are not limited to, the following: (a) representation of CLIENT in any proceeding brought under the worker's compensation laws of the State of California; (b) defense of CLIENT in any proceeding brought against CLIENT or in any counterclaim brought against CLIENT in any proceeding brought by C+C on behalf of CLIENT, except as specifically provided for in paragraph 6 of this AGREEMENT or unless such proceeding is outlined in paragraph 2 of this AGREEMENT; (c) any appeals from any judgments or decisions rendered by any civil court, arbitrator or administrative agency; (d) any advice or representation relating to the tax implications of any judgment or settlement received or paid by the CLIENT or any tax matters whatsoever; (e) any family law matters; and (f) any criminal matters. C+C hereby advises CLIENT to consult its own accountant or tax attorney regarding tax matters. If CLIENT wishes that C+C provide any legal services not to be provided under this AGREEMENT, a separate written agreement between C+C and CLIENT will be required. 4. CLIENT'S DUTIES. CLIENT agrees to be forthright with C+C, to cooperate with C+C, to keep C+C informed of developments, to abide by this AGREEMENT, to pay C+C's bills on time and to keep C+C advised of CLIENT address, telephone number and whereabouts. 5. RETAINER. CLIENT shall not be required to deposit a retainer into C+C Trust Account to pay costs, expenses, and legal fees. However, C+C reserves the right to request CLIENT provide retainer funds in the future should C+C determine, in its sole discretion, that a retainer is needed in order to continue providing legal services. In the event a retainer deposit is requested, CLIENT hereby City of Redlands Retainer Agreement June 7, 2026 Page 3 authorizes C+C to withdraw sums from the trust account to pay the costs and/or fees CLIENT incurs. C+C reserves the right to request further deposits to fully replenish any original deposit, or in such additional amount as is reasonable under the circumstances. CLIENT agrees to pay all deposits after the initial deposit within thirty (30) days of demand. Any unused deposit at the conclusion of C+C'S services will be refunded. 6. REPRESENTATION IN ANY CLAIM BROUGHT AGAINST CLIENT. If, during the REPRESENTATION a claim or suit is brought against CLIENT that is not outlined in Paragraph 2 of this AGREEMENT, or in the course of a lawsuit brought on CLIENT'S behalf a countersuit or claim is made against CLIENT, C+C will represent CLIENT and defend CLIENT'S interest under such claim or counterclaim, under the following conditions: (a) If the claim or counter claim is tendered to CLIENT'S insurance company (if any), and the insurance company agrees to retain C+C at C+C'S customary rates for such representation; or; (b) If the insurance company retains C+C at rates other than C+C' S customary hourly rates, then C+C reserves the right to require CLIENT to pay the difference between the customary hourly rates as set forth in Paragraph 7 of this AGREEMENT and the rates being paid by the insurance company; or; (c) If the insurance company does not retain C+C or if the claim or counter claim is not tendered to CLIENT'S insurance company, CLIENT agrees to compensate C+C fees based on C+C'S customary hourly billing rates for the attorneys and personnel working on CLIENT'S representation, which rates are set forth in paragraph 7 of this AGREEMENT. C+C bills for legal services per the terms outlined in paragraph 7 below. 7. LEGAL FEES. From the effective date of this AGREEMENT to December 31, 2026, CLIENT agrees to pay C+C $315.00 per hour for partners, $300.00 per hour for associate level attorneys, and $165.00 per hour for paralegals and law clerks. Effective January 1, 2027, CLIENT agrees to pay C+C $375.00 per hour for partners, $360.00 per hour for associate level attorneys, and $180.00 per hour for paralegals and law clerics. C+C agrees to bill CLIENT in increments of 1/10th's of an hour for work performed on the REPRESENTATION and not paid for by an insurance company (if any) pursuant to paragraph 6 above. All time expended is billed, including, but not limited to: research, consultation, telephone discussions, conferences, analysis, drafting correspondence or court documents, reviewing correspondence or communications or materials provided by CLIENT or others related to the REPRESENTATION, travel time, and all time spent in any court, administrative hearings, arbitration City of Redlands Retainer Agreement June 7, 2026 Page 4 hearings, mediations, or depositions. C+C reserves the right to review the rates being charged under this AGREEMENT no more frequently than once every calendar year and to adjust them to reflect the fees customarily being charged by C+C. S. COSTS AND EXPENSES. In addition to paying legal fees, CLIENT shall reimburse C+C for all costs and expenses incurred by C+C, including, but not limited to, process servers' fees, fees fixed by law or assessed by the California Secretary of State's office, other State and Federal governmental agencies or courts, court reporters' fees, messenger and other delivery charges, postage, in -office photocopying at $0.30 per page, out -of -office photocopying at the actual charge, facsimile charges at $0.50 per page, parking, mileage at rates allowed by the U.S. Internal Revenue Service on the date the mileage is traveled, secretarial and/or paralegal overtime, investigation expenses, consultants' fees, expert witness fees and other similar items. C+C reserves the right to amend the costs charged pursuant to this section on a basis no more frequent than every six months to reflect the normal and customary charges C+C is charging for these items at that time. Nothing herein shall require C+C to advance such costs. CLIENT authorizes C+C to incur all reasonable costs and to hire any investigators, consultants, or expert witnesses reasonably necessary, upon consultation with CLIENT. C+C agrees to contact CLIENT in advance of any expense exceeding $500.00, and C+C will not incur such expense without the CLIENT'S express authorization. At any time CLIENT'S account is thirty (30) days past due, no costs will be advanced by C+C and C+C may immediately withdraw from the representation of CLIENT. 9. STATEMENTS. C+C shall send to CLIENT periodic statements for fees and costs incurred. CLIENT shall pay C+C'S statements within thirty (30) days of the mailing of each statement. All amounts delinquent for thirty (30) days or more shall bear a service charge, not an interest charge, at the rate of 1.5 percent per month and CLIENT expressly acknowledges this obligation and duty to promptly pay all statements. 10. DISCHARGE AND WITHDRAWAL. CLIENT may discharge C+C at any time. C+C may withdraw with CLIENT'S consent or for good cause. Good cause shall be deemed to specifically include, but is not limited to, CLIENT'S failure to pay statements, CLIENT'S breach of this AGREEMENT, CLIENT'S refusal to cooperate with C+C or to follow C+C advice on a material matter or any other fact or circumstance that would render C+C continuing representation unlawful, unethical, or difficult. 11. CONCLUSION OF SERVICES. When C+C'S services conclude, all unpaid charges shall become immediately due and payable. After C+C'S services conclude, C+C will, in conformity with the Rules governing C+C in the practice of law, and upon CLIENT'S request, deliver CLIENT'S file to CLIENT, along with any CLIENT funds or property in C+C' S possession. City of Redlands Retainer Agreement June 7, 2026 Page 5 12. DISCLAIMER OF GUARANTEE. Nothing in this AGREEMENT and nothing in C+C'S statements or communications to CLIENT will be construed as a promise or guarantee about the outcome of CLIENT'S matter. C+C makes no such promises or guarantees. C+C comments about the outcome of CLIENT'S matter are expressions of opinion only. 13. ARBITRATION/MEDIATION. In the event of a dispute between C+C and CLIENT concerning the fees charged or the services provided to the CLIENT, the parties hereto agree that any such dispute may be placed into binding arbitration pursuant to state law. The parties agree that an express condition precedent to instituting arbitration or other legal proceeding, shall be attending a mediation before a mutually agreed to mediator and the parties agree to make a reasonable and good faith attempt to resolve any dispute. The mediation shall take place within one month after written request unless such time is extended by mutual agreement of both parties. 14. ATTORNEYS' FEES. Except as otherwise provided herein, if a dispute should arise between the parties, the prevailing party shall be reimbursed for all reasonable expenses, including attorneys' fees (including pre and post judgment attorneys' fees), costs, consultants'/experts' fees, time expended by the parties billed at their normal and customary rate, and all other reasonable expenses incurred in resolving such dispute. 15. CLAIM OF LIEN. C+C claims a lien or first right of recovery as to any money or property recovered on CLIENT'S behalf through C+C'S efforts on any legal matter C+C handles in an amount equal to satisfy any outstanding legal fees CLIENT is obligated to pay pursuant to this retention. With regard to hourly services, if CLIENT'S account is not paid monthly in such matter, C+C shall be paid for all accrued receivables from the first proceeds of any matter on which C+C is working which generates a payment to CLIENT, regardless of the source of that payment; thereafter reverting to re- loading of the retainer or monthly billing and payment for follow-on or further work, if any is necessary. By CLIENT'S execution of this AGREEMENT, CLIENT agrees that these payment terms are fair and reasonable under the circumstances and that CLIENT understands them. C+C gives CLIENT a reasonable opportunity to do so before CLIENT signs this AGREEMENT. 16. EFFECTIVE DATE. This AGREEMENT will take effect when CLIENT has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date C+C first provided services. The date at the beginning of this AGREEMENT is for reference only. If for any reason this AGREEMENT does not take effect, CLIENT will be obligated to pay C+C the reasonable value of any services C+C may have performed for CLIENT. 17. ERRORS AND OMISSIONS INSURANCE. C+C maintains errors and omissions insurance coverage applicable to the services which it renders. City of Redlands Retainer Agreement June 7, 2026 Page 6 18. MUTUAL NEGOTIATION. The terms and conditions of this agreement have been negotiated between C+C and CLIENT and are hereby expressly agreed to by CLIENT. 19. VENUE. This AGREEMENT is deemed entered into at Orange, California. 20. WAIVER OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §6148: To the extent that the terms of this AGREEMENT may be deemed not to comply with the provisions of §6148 of the California Business and Professions Code on legal fees and other charges, CLIENT hereby expressly agrees to waive the requirements of that section. The full text of §6148 can be found attached to this letter. 21. EXECUTION OF THIS AGREEMENT: By executing this AGREEMENT, CLIENT agrees that CLIENT has had sufficient time to review this AGREEMENT. Further, CLIENT has sought the advice of independent counsel, or agrees that CLIENT has had the opportunity to seek such advice. CLIENT understands and agrees that this AGREEMENT was entered into at arm's length between parties of equal bargaining strength and CLIENT has freely determined, without any duress, to sign and agree to the terms of this AGREEMENT. If you find the AGREEMENT acceptable, please sign, date, and return this AGREEMENT. Feel free to call if you have any questions. Very truly yours, COLLINS + COLLINS LLP I HAVE READ AND AGREE TO THE TERMS OF THIS RETAINER. CITY OF REDLANDS DATED: By: Title: Q}� ATTEST: J&afie Donaldson, City Clerk City of Redlands Retainer Agreement June 7, 2026 Page 7 Cal Bus & Prof Code § 6148 (2007) (a) In any case not coming within Section 6147 in which it is reasonably foreseeable that total expense to a client, including attorney fees, will exceed one thousand dollars ($1,000), the contract for services in the case shall be in writing. At the time the contract is entered into, the attorney shall provide a duplicate copy of the contract signed by both the attorney and the client, or the client's guardian or representative, to the client or to the client's guardian or representative. The written contract shall contain all of the following: (1) Any basis of compensation including, but not limited to, hourly rates, statutory fees or flat fees, and other standard rates, fees, and charges applicable to the case. (2) The general nature of the legal services to be provided to the client. (3) The respective responsibilities of the attorney and the client as to the performance of the contract. (b) All bills rendered by an attorney to a client shall clearly state the basis thereof. Bills for the fee portion of the bill shall include the amount, rate, basis for calculation, or other method of determination of the attorney's fees and costs. Bills for the cost and expense portion of the bill shall clearly identify the costs and expenses incurred and the amount of the costs and expenses. Upon request by the client, the attorney shall provide a bill to the client no later than 10 days following the request unless the attorney has provided a bill to the client within 31 days prior to the request, in which case the attorney may provide a bill to the client no later than 31 days following the date the most recent bill was provided. The client is entitled to make similar requests at intervals of no less than 30 days following the initial request. In providing responses to client requests for billing information, the attorney may use billing data that is currently effective on the date of the request, or, if any fees or costs to that date cannot be accurately determined, they shall be described and estimated. (e) Failure to comply with any provision of this section renders the agreement voidable at the option of the client, and the attorney shall, upon the agreement being voided, be entitled to collect a reasonable fee. (d) This section shall not apply to any of the following: (1) Services rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the client or where a writing is otherwise impractical. (2) An arrangement as to the fee implied by the fact that the attorney's services are of the same general kind as previously rendered to and paid for by the client. (3) If the client knowingly states in writing, after full disclosure of this section, that a writing concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f) This section shall become operative on January 1, 2000.