Agr Litigation Services
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AGREH1ENT FOR L ~TIGATIO~ SERVICES
THIS AGREHiENT entered into thi s Sth- day of
January
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19_~~_, by and between
the Urb.<óU:L.R.ene\va L.Ag.ellCY
of the City of ----~~~jna
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State of
herein called the "Local Public Agency/' and
Kansas
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__.__Ç9.n~t.§.'ps_e_M~ Acht_~I..ber~____~ Attorney, 1~~;dlth )StreeL
\t"\ ress
P. G.,Box 160L~ ~ engaged in the practice of law in the City of
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Salina
-' State of
~.herein called
Kansas
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"Counsel.1I
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~IITNESSETH THAT:
WHEREAS, the Local Public Agency has under date of
19 73 , entered into a contract (herein called IIFederal Aid ContractU) ",lith
the United States of America (herein called the IIGovernmcntll) acting through
the Secretary of Housing and Urban Development, for f"inarlciùl aid under Title I of
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_!:he Ho_usi~K.._Act. of 1949 ' ---~ as amenåed~ for a(n) u:r¿ban rene\'ml project,'
jdentified as Neighborhood Development
Urban Rene\val project, identified as Project No. Kansas A-8 ,
and
~iliERU\S,l! Lois M. Befort and Eunice Jo Smith, d/b/a The Howard
Shop have filed an action against the Salina Urban Rene\\7al Agency,
Johnston \-Jrecking and Excavating Company and Richard Cowel, pursuant
to the petition and amended petition, copies of which are attached
. hereto and incorporated herein.
1/ describe the nature of the legal services or litigation, the principal
rs~~u~s, the clai;:Jants, style of the lé.H'JSUit. case number. for'um. etc..
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WHEREAS, the Local Public Agency desires to engage Counsel to
represent the Local Public Agency in said legal proceedings, including
any ensuing appeal.
NOW, THEREFORE, the parties do agree as follows:
1. SCOPE OF SERVICES. Counsel shall perfonn all legal services in
conn~ction with the above-identified legal proceedings in lower or trial
court and appellate courts. .,'
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2. TIME OF PERFORMANCE. The services of Counsel are to commence upon the
execution of this Agreement, and shall be undertaken and completed in such
sequence as to assure their expeditious completion in the light of the
purposes of this Agreement.
3.
COMPENSATION, REIMBURSEMENT AND METHODS OF PAYMENT.
(a)
Compensation.
(1) Fee Basis. Fees shall be charged either on an hourly basis
foraiTlëgal-services rendered in connection with the legal
proceedings, both office and court work, or on a combined hourly
and per diem basis. In the latter event, the hourly rate shall
apply to legal services (1) which, in the lower or trial court
stage of the legal proceedings, precedes or follows the actual
trial (e.g. conferences, interviews, communications, legal
research, dt'afting of pleadings, trial briefs, law memoranda,
discovery depositions, pretrial, petitions for rehearing or new
trial, and the filing of, presentation of, or court appearances
in opposition to motions, pleadi~gs and proposed orders); and
(2) which, in any appeal stage of the legal proceedings, precedes
or follows the argument or hearing on appeal (e.g. records,
briefs, motions, stipulations, conferences, legal research and
petitions for rehearing). The per diem rate, if specified, shall
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apply only to the actual trial, to actual oral argument or hearing
on appeal, and while in travel status for a day or more, to be
prorated as provided in pat'agraph (d)(l) hereof for portions of
a day after the first day.
(2)
The hourly rate shall be $ 25.00
, per
Amount of Fees.
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hour and $250.._Q~ per day actual court time for principal
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(b)
Reimbursement.
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In addition to the compensation provided above, the Local Public
Agency will reimburse Counsel for ~he following expenses;
(1) Necessar.x:..JI.~veL~n~~!-,bsistence Expenses in connection'
with the perfonnance of Counsel IS services pursuant to this
Agreement. Based upon the actual cost of his transportation
by common carrier, Ot' the sum of 15 cents per ndle if the
travel, is perfonned by pr';vately owned automobile, and not to
exceed $25 per day for actual subsistence expense; and,
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(2) Such filing costs, witness fees, printing expenses, long
distance telephone calls and telegrams, expenses of services of
process, cout~t reporterls charges, jury fees, and s'imi1at~ costs
relatinj to legal proceedings and generally chargeable to a
client; provided, however, such expenses shall not include normal
- office operating expenses. ~ - -
(c)
!=_~!1.!.!l.9tc~_~v1axif1!~.I!L CQ.!5?~nsation and Re'imbursement.
It is estimated thétt the total compensation and reimbursement paid
hereunder shall be a maximum of 10 000.00 , \'Ihich amount,
hoVJevet~, fot~ the purposes of thï"Š--7\9t'-ëefìlC¡:lt, sha1TEe considered
only as an estimate and not a limitation.
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(d)
t1ethod.:~_Qf Paymerl..!...
(l) t'1v thly stdter1lenLs. As a condition pn:cedcnt to any payment to
Counsel under this f\grcclnent, Counse I shall subrni t to the toca 1
Public Agency in duplicate a statement. of account which clearly
sets forth by dûtes (y(~aì', month, day): the deslg!ìdted it'c;IDS of
St1'ike where inapplicable.
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\'m'k; by whom performed if more than one attorney is involvt~d;
the time appropriately charged thereto (prorated in terms of 10
or 15 minutes an hour. or multiples thereof. in connection with
services charged on an hourly rate basis. and in terms of a quarter
day. or multiples thereof in connection with per diem rate basis);
and the total number of hours and/or days charged under each rate
for each attorney. Such statements shall be submi tied monthly
except that the Local Publ-ic Agency may waive such submissions if
unbil1ed fees do not exceed $200 and a fee statement is submitted
and in any event not less often than quarterly. '
('2 )- Timing of Payment,. NotHithstandir{g\.the requ'¡ rement fm' perioc(¡ c
sÙ~ements in subPa.rpgiaph (d)(l) a..bo/e,. $.~ch stateíî.ents Shð.lï:n t
be P~'d by the Locgl Pub'\ic Agency ut:1til fi~al di.sposition of t e
case 'n the court ¡for \"hiÒ~he legãl servic~s covered by the
statem nt pertaip~'provide that ih cases \'lhè e the trial cp rt
stage ~'the ;{:l itigation _or a \ enslflng appeal i~unusuç.al1Y protracted
or a r~l~tive ubstantial amo~n~ of fees has b~e~\.earned bót might -
not other\1~E1 be payable unde~~~e'fOregoing reqUiÌ\~me_n~/for three
or more mo~lns; then seventy-f}v~ percent of the fe~\ çharged and
approv__ed f9r\vayment may. at ~he ,\e_quest of counsel. þ~ disbursed
\'¡ithO;L prejud\ce on the par1/ of t~e Local Publ ic A9éncY. to
subsequ7ritly d}~.' approve thejemaining twenty-five percen~or any,
subse9yently char~ed fees apd expensès in the ev~rit and tÒ\the .
exteny it is late~determilled that th~fees, if¡iÍot disbursè .
could' not have been ~appro¡'led for paymen~" _under/thi s Agreement
eit~er because of th in?ligibility of s eci~c items of legal
spfvices or in the li ~t of the amount of t e total fee approvab
þereunder.
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(3) Approval of the Government. Notwithstanding any other
pr'ovision of this Agreement, no part of the fees, reimbursement
or compensation charged by Counsel under this Agreement, to the
extent such fees. reimbursement or compensation are to be paid by
the Local Public Agency from funds subject to the provisions of
the Federal Aid Contract, shall be paid to Counsel without approval
of the Regional Counsel of the Department of Housing and Urban
Development prior to the payment thereof, in whole or in part.
4. SUBt~ISSION OF PAPERS AND DOCU~,1ENTS TO THE GOVERNr~ENT. At appropriate
times--dur'Ìngthe íit-Îgation, or -upon request oftF\e-Local Public Agency ot~
the Government. Counsel shall submit to Reg'ional Counsel, Department of
Housing and Urban Development, Region VII, 911 ~'Jalnut, Kansas City.
N'issouj~i 64106, one copy of all such pleadings. motions,' ordeì's, briefs
and legal opinions or memoranda for which fees are charged. Upon request
of Regional Counsel of HUD. Counsel shall also provide a complete status
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5. ~1PLOYMENT OF OTHER COUNSEL, SPECIALIST OR EXPERTS. Counsel will not
employ or-õ-Ü)êndse--'incur an' obligation to pay õther---Còunsel, specialists,
or experts for services in connection with the legal proceedings without
prior approval of the Local Public Agency and the Regional Counsel of HUD.
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6. TERMINATION OF AGREEMENT AND LEGAL SERVICES. This Agreement and all
legar~s.érvT'c6.s'-fo.be. rendered here.under IÎlay beterminated at any time by
written notice from either party, with or without cause. In such event,
all finished and unFinished documents, pleadings, exhibits, project data,
reports and evidence shall, at the option of the Local Public Agency,
become its property and shall be del ivered to it or to any party it may
designate. In the event of such termination, Counsel shall be paid for all
satisfactory vlOrk, unless such termincltion is made for cause, in \.¡h'ich
event compensation, if any, shall be adjusted in the light of the particular
f¿¡cts and circumstances involved in such tetmination.
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7. INTEREST OF ME~mERS OF LOCAL PU!1LIC AGENCY. No member of the qoverni ng
body-of the Local Public Agency, and no other off"icer, employee, or agent
of the Local Public Agency who exercises any functions or responsibilities
in connection with carrying out the Project to which the litigation
pertains, shan have any personal interest, direct or indirect, in this
Agreement.
8. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing
/:;>::1y 0 ftJiCloc a 1 fty in \^thic¡.¡-tfï-e-Þroject 1s situated, and no other publ ic
official of such loçality, \^tho exercises any functions or responsibilities
in the review or approval of the carrying out the Project to which the
legal proceedings pertain, shall have any personal interest, direct or
indirect, in this Agreement.
9. INTEREST OF CERTAIN FEDERAL OFFICIALS: No member of or delegate to
the [ô:1gress of the United States, and no Resident Commission, shall be
admitted to any share or part of this Agreement or to any benefit to ari~e
therefr'om. .
10. INTEREST OF COUNSEL. Counsel (including partners, associates and
pr'ofess {õ-nal"i';¡iipfoyees'}-covenants that he does not now have any interest,
direct or indirect, in the area covered by the Project (sometimes called
this "Pl'oject Area," \'/hich Project Area is more pëlrticula~~ly described in
the pe¡~tinent Federal Aid Contract) or any par'.:els therein or any other
i nterest ~'Jhi ch waul d confl1 ct in any manner or degree wi th the performance
of his services hereunder. Counsel furthe~' covenants that in the pe~'fonnance
of his duties hereunder, no person having any such interest shall be employed
and that no! partner, associates or professional employee is now or shall
represent any party in litigation against either the Local Public Agency
or HUD.
11. ElliJAL E~1PLOYr1ENT OPPORTUNITY.
ment, -Couns.ër-;¡gr-ees ¿lštÒlToÇ¡s-:-
During the performance of this Agree-
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{a) Counsel will not discriminate against any employee or applicant
T~r employment because of race, creed, color, sex or national origin.
Counsel \'Iill take affirmative action to ensure that appl icants are.
employed, and that employees are treated during employment, \'Jithout
egard to their race, creed, color, sex or national ol'igin. Such action
shJll include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitrr.ent or recruitment adver-
tising; layoff or ternrination; rates of payor othe' forms of
compensation; and selection for training including apprenticeship.
Counsel agrees to post in conspicuous places, available to employees
and appl icants for employment, notice to be pl'ovided by the Local
Public Agency setting forth the provisions of this nondiscrimination
cléwse.
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(b) Counsel will, in all solicitations or advertisement for employees
placed by or on behalf of Counsel, state that: all qualified applicants
will receive consideration for employment v¡ithout regard to race,
creed, color, sex, or national origin. .
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(c) Counsel will cause the foregoing provisions to be inserted in
all subcontracts for any work covered by this Agreement so that such
provisions will be binding upon each subcontractor.
IN WITNESS WHEREOF, the Local Public Agency and Counsel have executed
this Agreement as of the date first above v/ritten.
TillLU ,RAI'L_BE.NEHAL AGENCY O~'Y
OF SAEiNi, (Agency) KANSAS
By
ATTEST:
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C ONs.Tb.N.CE,_l1_L-.AClITERBER~ .
116 South 7th Street, P. O. Box
Sa 1-Lna,- ,Kans.a~T-;./2.71LO]
(l:, (a ttal'n oy s name and a.ddres s )
By -~ ~ØÍkfL~L f 3ft . _'--1 /I~.l«
1604
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