HomeMy WebLinkAboutContracts & Agreements_116-2021STONE BUSAILAH, LLP
Lawyers
1055 EAST COLORADO BLVD., SUITE 320
PASADENA, CALIFORNIA 91106
TELEPHONE (626) 683-5600
FAX (626) 683-5656
HOURLY FEE AGREEMENT
This is an agreement between the City of Redlands (hereinafter referred to as "Client") and Stone
Busailah, LLP (hereinafter referred to as "Firm"). Unless a different agreement is made in writing,
this Agreement alone shall govern the rights and responsibilities of the respective parties with
respect to the subject matter hereof
1 CONDITIONS This Agreement will not take effect, and the Firm shall have no obligation
to perform or provide any services, until Client returns a signed copy of this Agreement.
2. DESCRIPTION TO SERVICES TO BE PERFORMED UNDER THIS AGREEMENT
Client retains the Firm conduct an investigation of two separate personnel issues associated with
Client's Fire Department pursuant to Client's separate written direction This Agreement does
not cover any related legal services that may be required. if such matters arise, separate agreements
for legal services will be required if Client wishes the Firm to handle such matters. The Firm will, in
connection with this representation, take reasonable steps to keep Client informed of the progress
and to respond in a timely manner to all Client inquiries
3 SERVICES TO BE PERFORMED BY THE FIRM. The Firm agrees to perform
the necessary services with respect to the matter described in paragraph 2 The Firm retains
the exclusive right to determine which of its attorneys will perform the services.
4 SERVICES NOT COVERED BY THIS AGREEMENT If additional services are
necessary in connection with Client's claims, and Client requests the Firm to perform such
services, additional fee arrangements must be made betweenClient and the Firm.
5 NO GUARANTEE AS TO RESULT' Client acknowledges that the Firm has made
no guarantee, promise or representation as to the ultimate outcome of Client's matter
6 COSTS AND EXPENSES The Firrn is authorized to incur reasonable costs and expenses
in performing the services required by thisAgreement. Client agrees to pay for such costs and
expenses in addition to the fees discussed below The Firm shall seek and obtain Client's approval
before incurring any costs in excess of $500
(a) Particular Costs and Expenses The costs and expenses necessary in this case may include
any or all of the following items [this list is notexclusive, other items may also be necessary; the
1
L:\ca\djm\Agreements\Stone Busailah Legal Service Agreement.docx
Telephone calls to Client, opposing party, or necessary third party relating to Client's
matter
Case strategy and trial planning among Firm's legal staff
Attendance at depositions, court, hearings, meetings of counsel or other
proceedings on behalf of Client
Research and review of legal issues raised by Client matter
Travel time to and fromproceedings related to Client representation
Drafting of correspondence or status reports to Client, opposing party/counsel, third
party payor, etc
Fee Award by Court Not a Limit on Hourly Fee Any fee awarded by the court, pursuant to
statute or contract, in connection with the subject matter of this representation, shall be paid to
the Firm and shall be applied against Client's fee obligation under this Agreement, and may limit
or discharge Client's fee obligation. Client hereby agrees and understands that any attorney fees
awarded by a court based upon the Firm's application therefor, shall be the sole property of the
Firm, and shall not in any way constitute a part of client's recovery Client understands that some
federal and state statutes provide for an "award of reasonable attorney fees to the prevailing
party" in certain kinds of cases Client understands and agrees that if the Firm or its attorneys
make application for such an attorney fee award, based upon the hours the Firm's lawyers have
spent on the Client's matter and considering the skill, experience and effort applied by the Firm's
lawyers in Client's behalf, any award of attorney's fees made as a result of the application shall be
the Firm's sole property, even if the Client, as a "party," is awarded the attorney's fees However,
to the extent such an award satisfies Client's costs and fees obligations under paragraphs 7 and
9 above, Client's costs and fees obligations under these paragraphs will be reduced or eliminated
to the same extent. After satisfaction of the Client's obligations under paragraphs 7 and 9., the
Firm shall retain the balance of the fee award as its sole and exclusive property The arrangement
will not result in a "double recovery" of attorney's fees, that is, if the amount of fees and costs
awarded by a court meet or exceed the amounts Client owes the firm under paragraphs 7 and 9 ,
Client is relieved of any obligation to pay attorney's fees under paragraph 9 and to reimburse
the Firm for costs under paragraph 7 Client agrees that this provision is a fair disposition of
attorney's fees and costs awarded by a court to the Client as a prevailing party
9 APPROVAL NECESSARY FOR SETTLEMENT The Firm will not make any
settlement or compromise of any nature of any of Client's claims without Client's prior
approval. Client retains the absolute right to accept or reject any settlement. Client
3
L.\ca\djm\Agreements\Stone Busailah Legal Service Agreementdoex
agrees to seriously consider any settlement offer the Firm recommends before making a
decision to accept or reject such offer Client agrees not to make any settlement or
compromise of any nature of any of Client's claims without prior notice and approval from the
Firm.
10 EFFECT OF WITHDRAWAL BY THE FIRM. The Firm may withdraw as counsel for
Client for good cause. Good cause shall include, without limitation, Client's failure to cooperate
with the Firm, failure to comply with the terms of this Agreement, or requesting the Firm to act
in a manner that would violate the professional rules of conduct of the State Bar of California.
Such withdrawal shall not affect Client's obligation to reimburse the Firm for costs previously
incurred In addition, the Firm shall be entitled to the reasonable value of legal services
performed prior to withdrawal. The reasonable value of the Firm's services prior to withdrawal shall
be based on the following factors: the number of hours expended, the Firm's hourly rates; the Firm's
experience in handling similar matters; and the reputation and ability of the Finn.
11 EFFECT OF DISCHARGE BY CLIENT. Client shall have the right to discharge the
Firm at any time upon written notice to the Firm. Such discharge shall not affect Client's
obligation to reimburse the Firm for costs incurred prior to such discharge. In addition, the Firm
shall be entitled to the reasonable value of services performed prior to such discharge, and shall
be granted a lien against any recovery by client, whether by settlement, verdict, judgment or
otherwise.
12. CHARGING LIEN To secure payment to the Firm for all sums due under this
Agreement for services rendered or costs advanced, Client hereby grants the Firm a lien on
Client's claim and any cause of action or lawsuit filed thereon, and to any recovery Client may
obtain, whether by settlement, verdict, judgment orotherwise.
13 INTEREST Interest shall accrue on any unpaid balance owed to the Firm from Client
at the rate of one and one-half percent (1 5%) per month. Interest shall continue to accrue
until such time as the balance owed has been completely satisfied
14 INSURANCE DISCLOSURE. The Firm maintains errors and omissions insurance
coverage. Such coverage is in compliance with California Business and Professions Code section
6148
15 RECEIPT OF ALL PROCEEDS All proceeds of Client's case shall be deposited into
the Firm's trust account for disbursement in accordance with the provisions of this Agreement.
4
L:\ca\djm\Agreements\Stone Busailah Legal Service Agreement.docx
16 EFFECTIVE DATE This Agreement will govern all legal services performed by the Firm
on behalf of Client commencing with its effective date.
17. CLIENT'S RECEIPTOF AGREEMENT AND KNOWLEDGE OF TERMS Client
acknowledges that it has received, read and fully understands all of the terms and conditions of this
Agreement
Executed at Redlands, CA. on
6-24 -2)
Date
Paul T Bartell, Mayor
ATTEST
�ci11�-2—
e Donaldson, City Clerk
STONE BUSAILAH, LLP, Lawyers
5
L \ca\djm\Agreements\Stone Busailah Legal Service Agreement.docx
CLIENT INFORMATION
Name: Sibk . / �-aw-�.. � 4414
Telephone. (dam e3 -5-6 00
Work. ( ) cry-
Cell. (0.6) 976 '
Address.
/ 656- 49-1,4z &
c)�-,4 3 as
R24,4= r-, 91/a
Email m , ,lam L.4-s-2r/4 4 () e// ce 14-)7,re coo
-. A/ ?7, — 69.4 03/
�aeilreerzrity �d�r
Date -of -Birth: / /
Emergency Contact: %,ce.,„/a,
Relationship d-, .,. , ,/aaa,f 42./4.)
Telephone: (4) 94 5 -o3 9.S'
Address.
6
L:\ca\djrn\Agreements\Stone Busailah Legal Service Agreement.docx