HomeMy WebLinkAbout1987-124
1
RESOLUTION NO. 87-124
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE LAW OFFICE OF
3 BALFREY & ABBOTT RELATING TO LEGAL SERVICES PERTAINING TO THE
CITY'S GENERAL PLAN.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The EXECUTION BY THE City Attorney of the City of
7 San Bernardino on behalf of said City of an Agreement with Balfrey
8 & Abbott relating to legal services pertaining to the City's
9 General Plan, a copy of which is attached hereto, marked Exhibit
10 "A" and incorporated herein by reference as fully as though set
11 forth at length, is hereby approved and ratified.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
Bernardino at a n adiourned reGular
meeting thereof, held on
14
15
the
13th day of
April
, 1987, by the following vote,
16 to wi t :
17
AYES:
Council Members Estrada. Reillv. Flores.
18
Maudsley, Quiel, Frazier, Strickler
19
NAYS:
None
20
21
ABSENT:
None
23
The foregoing resolution is~€reby approved this
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<~p(2/~~/
./ City Clerk
l:rc:',L day
22
24
of
Anril
, 1987.
;,,--.., t' //! x'/ ..../
.:1-. >tt/~:J/7/" ,.-> d-.CC'AY
,/ Mayor ot'the Ci ty of San Bernardino
25
26 Approved
27
f
.1M .6y~
AGREEMENT FOR LEGAL SERVICES
This Agreanent for Legal Services is made between THE CITY OF SAN
BERNARDINO (hereinafter "Client") and LAW OFFICES OF BALFREY & ABBarr
(hereinafter "Attorney").
Client wishes to retain Attorney to represent Client in all legal matters
related to the legal status of Client's General Plan. The actual scope of
work will be determined by the Office of the City Attorney.
Client expressly authorizes Attorney to take any and all actions which in
the opinion of Attorney are necessary to protect Client's interests and/or
successfully resolve Client's disputes and/or remedy Client's injuries.
Attorney will keep Client infonned of the nature and status of Attorney's
work.
Client understands that Attorney is not prevented by this Agreerrent fran
representing other persons with similar legal problems.
Attorney is authorized to employ other attorneys or non-attorneys to
assist Attorney in representing Client. Such person's services will be
charged to Client at the rates shown on the attached "Rate Schedule. II
Client agrees to pay attorney for Attorney's services at the rates shown
on the attached Rate Schedule.
Client will pay $ -0- to Attorney at the ti..rre of signing this Agreement.
Attorney will deposit this anount into a "Client Trust Account. II Attorney may
only withdraw noney fran this account as work is canpleted or as costs are
incurred. Client is entitled to a return of all unearned noney in this
account at any time. Client understands that Attorney may discontinue work
should the anount in this Trust Account be insufficient to pay for Attorney's
fees or costs. Client agrees to deposit add.i tional funds in the Client's
Trust Account upon request by Attorney as necessary to cover Attorney's fees
and costs. Attorney will provide Client with a monthly accounting of
disbursements fran Client's Trust Account.
Attorney agrees to advance all necessary costs. All costs are
reimbursable by Client and will be charged against Client's Trust Account when
incurred.
Attorney will provide Client with a monthly accounting of Attorney's fees
and costs and disbursements fran the Trust Account.
Client will be billed nonthly for any fees and/or costs incurred by
Attorney in performance of work authorized by Client where Client's Trust
Account does not have sufficient nonies available to offset such fees and/or
costs, or where Client does not have a Trust Account set up. All such fees
and costs not paid within thirty (30) days of billing are considered
delinquent. Interest will be charged on delinquent fees and costs at the
maximum rate permitted by law.
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3/25/87
LAW OFFICES OF BALFREY & ABBOTT
RATE SCHEDULE "B"*
PARTNER $105.00 per hour
ASSOCIATE ATTORNEY III $105.00 per hour
ASSOCIATE ATTORNEY II $ 90.00 per hour
ASSOCIATE ATTORNEY I $ 75.00 per hour
COPYING $ .10 per page
MILEAGE $ .22 per mile
ADDITIONAL COSTS (including
telephone, postage and delivery) Billed as incurred
*
This Rate Schedule is adjusted January 1st of each year.
This schedule may also be adjusted at any time upon
thirty (30) days prior notice to client.
NOTE: No more than 5 hours of work shall be performed under
this Agreement by an Associate without the prior written
approval of the City Attorney.
The total amount payable under this Agreement shall not
exceed Five Thousand Dollars ($5,000) without the prior
written approval of the City Attorney
In any action or proceeding arising out of this
Agreement or the performance of services hereunder, the
prevailing party shall be entitled to reasonable attorney's
fees and costs. Venue for any action or proceeding shall be
in San Bernardino County.
I agree to all of the terms of this Agreement for Legal
Services.
CLIENT:
CITY
OF SAN BERNARDINO
pe@W; cD
~ Ir ~~~/
City Attorney
By
Date: March 271 1987
Address: City Hall, 300 North D
San Bernardino, CA 92418
Phone: (714) 383-5255
I agree to all of the terms of this Agreement for Legal
Services.
ATTORNEY:
LAW OFFICES OF BALFREY & ABBOTT
By ({~IL: it/. (lItt-tl
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Title /[(1;;0~.
Da te : t/-- 2 -/('7
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