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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.