GUTIERREZ, FIERRO & ERICKSON, A PROFESSIONAL CORPORATION

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(c) Attend all appointments, meetings, conferences, depositions, proceedings, and other events at which City's presence is required. 7. Attorney's Insurance. Attorney maintains errors and omissions insurance coverage applicable to the services to be rendered by Attorney. 8. Independent Contractor. The services to be rendered under this contract are those of an independent contractor. Attorney and Attorney's employees shall not be considered agents or employees of City for any purpose. Neither Attorney nor any of Attorney's agents or employees shall be entitled to any of the benefits that City provides for its employees. Attorney will be solely and entirely responsible for its acts and for the acts of its agents or employees during the performance of this Agreement. Attorney shall have no authority to bind City and Attorney shall not incur any debt, obligation or liability on behalf of City. 9. Termination. This Agreement may be terminated by written notice by either party to the other. 10. Withdrawal by Attorney. City acknowledges that failure to comply with City's obligations under this Agreement can result in Attorney's withdrawal from further representation of City under this Agreement. Attorney may withdraw from the representation of City with regard to the matters covered by this Agreement within a reasonable time after giving City notice of the withdrawal. 11. Arbitration. (a) It is understood and agreed that any claim arising out of the rendition or lack of rendition of services under this Agreement including claims of legal malpractice shall be determined by arbitration. This includes any claim that any legal services rendered under this Agreement were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered. At the sole option of City this arbitration provision may also include any dispute over legal fees as provided in § §6200 -6206 of the Business and Professions Code of the State of California. (b) All parties to this Agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. City may wish to seek outside advice or counsel concerning this procedure. This arbitration provision may be rescinded within 30 days from the date of City's signature below by delivery of written notice to Attorney. (c) In rendering the award, the arbitrator will determine the rights of the parties according to the substantive laws of the State of California. (d) The proceedings will be administered by a single arbitrator mutually selected by the parties in accordance with the then existing practices and procedures. NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF LEGAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. 2of3 Attorney Fee Agreement Document No. 24908