HomeMy WebLinkAbout03-City Attorney
. CIr.....Y OF SAN BERNARt".~O - REQUF~T FOR COUNCIL AC",ION
From: Ralph H. Prince
Subject: Agreement with Law Office of
Balfrey & Abbott
Dept: City Attorney
Date: April 9, 1987
Synopsis of Previous Council action:
3/23/87
Mayor and Common Council approved the retention of
Attorney Bill Abbott to act as a consultant in
processing an application to the Office of Planning
and Research for a time extension in regard to the
general plan.
Recommended motion:
Adopt resolution.
d$~tf~
Signa r
Contact penon: Ralph H. Prince
Phone:
5255
Supporting datllltlched: Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
$5,000.00
Sourca:
(ACCT.
(ACCT.
NO.) 001-051-53050 ~
DESCRIPTION) C "" ~+..,... t.. :;.<..+>..~
Finance: j.Jc.....-e' /ZA-
Council Notes:
F"'kJJ" (..;11 fa :J..+:I;..1
f',.", C; ...-.1 r...J
.rc./..,y J"fi ..,:...,./ .....Cl
.
(,L
oj--"c.,,,,, .{:~_,..J ;loo",-- +-LL. 1'+4~e~".. ~tC."'''''+
}S.02l2
Agenda Item No.
@
"00-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
27
}1~.
, >
.."
,
,-,.,.,/
/
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE LAW OFFICE OF
BALFREY & ABBOTT RELATING TO LEGAL SERVICES PERTAINING TO THE
CITY'S GENERAL PLAN,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CI~Y OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The EXECUTION BY THE City Attorney of the City of
San Bernardino on behalf of said City of an Agreement with Balfrey
& Abbott relating to legal services pertaining to the City's
General Plan, a copy of which is attached hereto, marked Exhibit
WAW and incorporated herein by reference as fully as though set
forth at length, is hereby approved and ratified.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1987, by the following vote,
to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1987.
25
Mayor of the City of San Bernardino'
26 Approved as to form:
r".
\,....
c
.~
.J
AGREEMENl' FOO. LEXiAL SERVICES
'Ibis Jlo,j...eetllent for Legal Services is made between 'mE CITY CF SAN
BERNARDINO (hereinafter "Client") and Ll\W OFFICES CF BALFREY & ABBCIl'T
(hereinafter "Attorney").
Client wishes to retain Attorney to represent Client in all legal matters
related to the legal status of Client's General Plan. '!be actual scq:>e of
101Ork will be deteImined 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 andlor raredy Client's injuries.
Attorney will keep Client infoIlll!d of the nature and status of Attorney's
won.
Client understands that Attorney is not prevented by this J1g..."""oent fran
representing other persons with similar legal prcblems.
Attorney is authorized to enploy other attorneys or oon-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."
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 time of signing this Agl:eauent.
Attorney will deposit this anount into a "Client Trust 1\cooUnt." Attorney may
ally witirlraw m:mey iran this account as 101Ork is CCIIpleted or as costs are
incurred. Client is entitled to a retum of all unearned lIOIley in this
account at any time. Client understands that Attorney may disexlntinue \<<lrk
should the anount in this Trust Acoount be insufficient to pay for Attorney's
fees or costs. Client agrees to deposit additional funds in the Client's
Trust Acoount upon request by Attorney as necessary to cover Attorney's fees
and costs. Attorney will provide Client with a rronthly acoounting of
disbursarents fran Client's Trust 1\cooUnt.
Attorney agrees to advance all necessary costs, All costs are
reinbJrsable by Client and will be charged against Client' s Trust Account when
incurred.
Attorney will provide Client with a rronthly acoounting of Attorney's fees
and costs and disbursarents fran the Trust Acoount.
Client will be billed rronthly for any fees andlor costs incurred by
Attorney in perfonnance of \<<lrk authorized by Client 10Ihere Client's Trust
1\cooUnt does not have sufficient rronies available to offset such fees andlor
oosts, or where Client does not have a Trust 1\cooUnt 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
maxinun rate peoni.tted by law,
-1-
3/25/87
EXr,:05iT A
-
.....".,..
.-.,
....,I
--
J
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
/l&i2~~q
City Attorney
By
Date: March 27, 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
::J{fif; tflj,-X{
Date: 1/-2 -JIJ
.I '
-2-
c
c
.-
__I
;;
LAW OFFICES OF BALFREY & ABBOTT
RATE SCHEDULE "B".
PARTNER $105,00 per hour
ASSOCIATE ATTORNEY III $105.00 per hour
ASSOCIATE ATTORNEY II S 90.00 per hour
ASSOCIATE ATTORNEY I $ 75,00 per hour
COPYING S .10 per page
MILEAGE S .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.