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HomeMy WebLinkAboutC88-055 Fee Agreement with Greengard & Senter1 FEE AGREEMENT c88 -55 -04 Agreement made this /74.4 day of , 1988 between the Board of County Commissioners of Eagle Coun IT "Client ") and Green and do Senter, 400 South Colorado Boulevard, Suite 700, Denver, Colorado 80222 ( "Firm'. 1. Client employs Firm to represent client in an action, Taylor v. Hisata, et al., Eagle County District Court, Case Number 87 CV 24. 2. Client shall pay to Firm for all services at the rate of $85.00 per hour. Client will be billed at the hourly rate on a monthly basis. All accounts are due and payable within thirty days from the date of the billing and are subject to an interest charge on the outstanding balance of 1 1/2% per month or 18% per annum from the date of billing, when such accounts are more than thirty days overdue. 3. It is agreed that the hourly rate for services rendered shall apply to legal research, drafting of pleadings, conferences, telephone conversations, preparation of discoverable documents, investigation of facts, preparation for and appearances in court, discovery, and all other tasks necessary to adequately handle the matter in controversy. 4. Client will pay all costs and expenses in connection with this matter, including court costs, deposition costs, duplication costs, filing fees, travel expenses, long distance telephone expenses, accountants' fees, appraisers' fees, consultants' fees and other professional experts' fees incurred on Client's behalf. These expenses will be paid directly by the Client, or when advanced by the Firm, will be borne and paid for by the Client monthly. 5. The Firm will provide the Client an itemized statement setting forth in reasonable detail all advances for the above - mentioned expenses and a description in reasonable detail of all services by the Firm on behalf of the Client in this matter, with the time and date of the attorney, associate or assistant performing same and at the rate stated above. 6. In the event an appeal is determined to be necessary after trial, it is agreed and understood that a new contract will be negotiated for the services necessary to represent the Client throughout the appellate process. 7. Considering the past relationship of the Client and the Firm, it is the conclusion of the Firm that it shall waive the necessity of payment of a minimum retainer fee by the Client to the Firm. In lieu of payment of such retainer fee, Client agrees that upon receipt by it of an itemized bill for services rendered, costs and expenses incurred, at monthly or otherwise appropriate intervals, the Client will promptly pay to the Firm the balance owing-as stated on said bill. 8. The laws of the State of Colorado shall govern the construction and interpretation of this Agreement. It is stipulated among the parties that any legal proceedings necessary against Client by the Firm for nonpayment of legal fees, that such proceedings shall take place in the City and County of Denver, State of Colorado. Client agrees to pay and all attorney fees accruing in favor of the attorney or attorneys employed by Greengard & Senter to recover the fees pursuant to the terms of this contract, and additionally, the Client agrees to pay any and all court costs and expenses. Page 1 of 2 9. The Firm may withdraw as counsel for the Client and terminate this Agreement. Some examples of reasons for termination include, but are not limited to: Client's failure to pay the fee or cost within a reasonable time of Client's receipt of any billings, Client's failure to cooperate with the Firm; any action or request by Client which would require the Firm to violate the code of professional responsibility, which is otherwise illegal; conduct which renders its unreasonably difficult for the Firm to carry out its employment or which is contrary to the judgment and advice of the attorney, but prohibited under disciplinary rules. 10. Client understands that the Firm has made no representations concerning the successful termination of the claim or claims related to the matter in controversy or the favorable outcome of this legal action, and does not guarantee that the Firm will obtain reimbursement to the Client of any of the costs or expenses incurred by Client in the defense of this action. The Client further expressly acknowledges that all statements of the Firm on these matters are statements of opinion only. 11. This Agreement comprises the entire contract between Firm and Client. IN WITNESS WHEREOF, Firm and Client have executed this Agreement at , on this �'�iay of J7'� Q , 1988. BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY George K. Gates, Commissioner GREENGARD & SENTER By _ 400 S th Colorado Bouleva , Suite 700 De er, CO 80222 Page 2 of 2