HomeMy WebLinkAbout1981-09-15; City Council; 6739; Self insurance - retain special counselCITY OF CARLSBAD
AGENDA BILL NO., (f> 7 3 7 • ' Initial:
Dept.Hd.
DATE :_ September 15, 1981 .
C. Mgr.
DEPARTMENT; City Attorney
Subject: SELF-INSURANCE—AUTHORIZATION TO RETAIN SPECIAL
COUNSEL
Statement of the Matter
As part of the City's new self-insurance program it will be
necessary for our office to assume responsibility for the
defense of an undetermined, but substantial, number of personal
injury lawsuits. While it is our intention to attempt to retain
the defense of some of these cases in-house, it will be
necessary to retain special counsel to handle some of the suits.
With the exception of the City of San Diego, the other self-
insured cities in the county all utilize special counsel for
personal injury defense.
Section 2.14.130 of the Carlsbad Municipal Code provides that
the City Council may employ special counsel upon such terms it
considers proper. Rather than requiring Council action for each
individual case, it is recommended that the City Council
authorize the retention of special counsel in general. We have
obtained proposals and consulted with other cities and have
determined to recommend three firms to the City Council:
Higgs, Fletcher & Mack
Daley & Heft
Rhoades and Hollywood
The three firms all represent other cities in the county and
have previously represented the City of Carlsbad. If the
Council approves, it would be our intention to have the three
firms share the City's work, with the cases to be assigned by
our office as we consider appropriate. The proposals from the
three firms are attached. Also attached is a resolution
authorizing the retention of special counsel and, further,
authorizing our office to draw on the liability self-insurance
revolving fund to pay fpr the cost of that representation.
Exhibits
Letter/Proposal from Higgs, Fletcher & Mack, dated June 24, 1981
Letter/Proposal from Daley & Heft, dated June 22, 1981.
Letter/Proposal from Rhoades and Hollywood, dated June 19, 1981.
Resolution No. Cr if 7 /
Recommendation
If the City Council concurs, your action is to approve
Resolution No.
APPROVED
)eWITT A- HIGGS
'ERDINAND T. FLETCHER
JAVID %D- RANDOLPH
IAN E.HED1N-A.P. C..
'INCENT E. WHELAN
IARVEY H. MISER, JR.
/ILLiAM P. SHANNAHAN-A. P. C.
IQHN W. NETTER8LAD
ilCHARD A.GANT-A.P. C-
iERALD J- O'NEILL-A. P. C.OE N. TURNER
. ALAN WEtSMANTEL
•ONALD H. GLASER
RAIG D- HiGGS '.
TEPHEN K. DRUNK
. TIM KONOLDERVILLE R.THOMPSON
. SAMUEL BLICKTEVEN R. JONES
HARRY L.CARTERDOROTHY A.COLETHOMAS E. MILLERGREGG C. SINDICIMICHAEL D. PADILLADENNIS P. HICKMANDAVID W. FERGUSONMICHAEL F. BOYLEDAVID R. CLARKPATRICK .D. WEBB',JUDITH L. HALLERLINDA M.WOOLCOTTRONALD E. NULLKENNETH H.LOUNSBERYMARGARET ANNE PAYNEDAVID M. GRIFFITHBRUCE D.JAOUES,JR.BRADLEY A.BARTLETT
LAW OFFICES
GS, FJLETjCHEE & MACKi
POST OFFICE BOX 568
ISOO HOME TOWER • 7O7 BROADWAY
SAN DIEGO,CALIFORNIA 92112
(714) 236-155)
HENRY PITTS MACK 19O9-I37-4
June 24, 1981
ROBERT THORN
OF COUNSEL
LA JO1.LA OFFICE
POST OFFICE BOX 1359
I2OS PROSPECT STREET • SUITE 525
LA JOLLA, CALIFORNIA 92O3S
(714) 459-O80I
ESCONDIDO OFFICE
•442 SO. ESCONDIDO BLVD.
ESCONDIDO, CALIFORNIA 92O25
(714) 743-I2OI
OCEANSIDE OFFICE
2124 EL CAMINO REAL • SUITE IOO
OCEANSIDE, CALIFORNIA 92O54
(714) 439-47IOVincent Biondo
City Attorney
City of Carlsbad
1200 Elm
Carlsbad, CA'92008
Dear Vince:
Thank you for the call the other day. Higgs, Fletcher & Mack
is very interested in representing the City of Carlsbad. As I
indicated to you, we presently represent the City of Chula Vista
in the defense of all their personal injury cases. I am personally
in charge of that work. I am also handling three cases for police
officers from the City of San Diego on a conflict basis.
Our current rate for such work is $75 per hour. We have eight
paralegals, and we use them to do medical records,' interrogatories,
etc. The paralegal rate is $35 to $45 per hour, depending upon
their experience. Our clients have been very happy with our use- of
the paralegals, not only because of the savings in money, but also
because of the excellent work our paralegals do. At present, our
arrangement with San"Diego and Chula Vista is $60 per .hour for
attorney work. We are advising them of the increase in .our rates.
As you well know, our firm maintains offices in Escondido and
Oceanside. Dave Ferguson does our personal injury work out of the
Escondido office for the North County. He is experienced in per-
sonal injury matters and if we handled Carlsbad's work, he would
no doubt play a major role.
I will be happy to discuss the matter further with you.
don't hesitate to call me. ' 'Please
Verv>truly yours,
Craig D.
of/7
HIGGS, FLETCHER & MACK
CDH:lg
DENNIS W. DALEY
ROBERT R. HEFT
DALEY & HEFT
ATTORNEYS AT LAW
OAK TREE PLAZA BUILDING
7IO ENCINITAS BOULEVARD. SUITE 2O1
ENCINITAS, CALIFORNIA 92O24
TELEPHONE
(714) 942-544O
June 22, 1981
Vincent F. Biondo, Jr., Esq.
City Attorney
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re: Proposal for Contract Attorneys under •
Self Insurance Program
Dear Mr. Biondo: .
This letter is in response to your request for proposals for -
contract attorneys under your upcoming self insurance program.
BRIEF RESUME ' . , ' ' ',
Public entities currently represented by Daley & Heft include
the City of Oceanside, the City of San Marcos and North County
Transit District. The City of Oceanside has been under a high
retention self insurance program for the past several years.
This program has been extremely successful. Mr. Heft and I
represented Oceanside during its fully insured phase while we
were with the firm of St. John, DeBusschere, Wilhelm & Daley
and helped in the transition from the fully insured to the
self-insured program.
,While at St. John, DeBusschere, Wilhelm & Daley, Mr. Heft
and I represented a number of Southern California cities under
their full coverage insurance policies. These cities included
Anaheim, Santa Ana, Huntington Beach, Lynwood, Irvine, Carlsbad,
Vista, National City, and others.
Our work with these entities has involved the entire spectrum
of public entity litigation, including police misconduct,
engineering design problems related to highways, bridges,
drainage systems, and flood control projects as well as nui-
sance and inverse condemnation .problems. We have worked closely
with PORAC (Peace Officers Research Association of California)
and have considerable experience protecting police records
from discovery. We have handled many serious personal injury
and wrongful death cases. In addition, we have handled a
number of very large eminent domain cases for the City of
Vincent F. Biondo, Jr., Esq.
June 22, 1981
Page Two . .
Oceanside in the recent past. Because of the significant
amount of contact with City officials, we have developed a
.broad knowledge of the workings of the various City depart-
ments, especially in engineering and police related areas.
Enclosed are a firm resume with biographical information and
a proposal for legal services. • '
We invite you to contact Charles Revlett, Oceanside City
Attorney, or George Ahrens, Oceanside Risk Manager, to discuss
our experience and qualifications. We would be* pleased to ,
meet with you at any time to discuss our firm or to assist you
in any regard relating to the transition to your self-insured
program. If you have any questions, please feel free to call.
Very JfcttJly yours,
Dennis W. Daley
Enclosures
DWD/ecb
FIRM RESUME
DALEY & HEFT . ; . '
Attorneys at Law ;
Oak Tree Plaza Building!
710 Encinitas Boulevard, Suite' 201
Encinitas, California 92024
(714) 942-5440 ' ;
! ' '
Specializing in: Insurance defense, commercial claims
defense, public entity defense,
••'..' products liability, landslide/subsidence
liability, and professional malpractice
defense.
Firm Members . •
DENNIS W. DALEY, .B.A. University of Washington, J.D.
University of San Diego, admitted to the California
Bar 1976, admitted to the Washington State Bar 1977.
Research Editor, San Diego Law Review 1975-1976. Author,
Tarasoff and the Psychotherapist's Duty to Warn, 12 San
Diego Li Rev. 832 ("1975) ~. LecTturer, Justice Research
Associates on Risk Management for Self Insured Public
Entities. Specialty areas: Personal injury defense,
public entity defense, professional malpractice, eminent-
domain, and flooding and landslide liability defense.
Extensive civil,jury trial experience. Member American,
California, Washington, San Diego County and North County
Bar Associations.
ROBERT R. HEFT, B.A. California State University, San
Diego, J.D. University of San Diego, admitted to the
California Bar 1977. Contributor to lecture series by
Justice Research Associates on Risk Management for Self
Insured Public Entities and series by Southern California
Veterinary Medical Association. Specialty areas: Personal
injury defense, commercial claims defense, professional
malpractice defense, public entity defense, and landslide/
subsidence liability. Extensive civil litigation experi-
ence including trial,, motions, .and all phases of discovery
and negotiation. Graduate of the San Diego County Bar
Association Trial Advocacy College. Member American,
California, San Diego County and North County Bar
Associations.
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Firm Description
The firm is located in Encinitas, California. This
location is approximately midway between the San Diego,
Vista, and Escondido Courts. The firm is therefore
positioned so as to provide convenient service in both
North San Diego County and San Diego proper. This
location also allows us to handle litigation in the
Orange County area.
Both firm members were formerly with St. John, DeBusschere,
Wilhelm & Daley. That firm was established as an in-
surance defense practice in 1975. Our long association
and work with that firm has provided us an opportunity
to work closely and establish a rapport with many of
the practicing attorneys and judges of San Diego County.
Our current clients include the City of Oceanside, the
City of San Marcos, Hartford Accident and Indemnity
Company, Dairyland Insurance, Sentry Insurance, Transamerica
Insurance, Ohio Casualty Insurance, Transit Casualty
Company, State Farm Fire and Casualty Company, North
County Transit District, Crawford and Company, and numerous
individuals and corporate entities. References from these
clients will be provided on request. Daley & Heft is
listed in the 1981-2 Best's Directory of Recommended
Insurance Attorneys. :
Rates for insurance defense work are $50.00 per hour.
Our per diem rate for trial is $450.. 00.
The firm is prepared 'to take immediate assignments and
appreciates your consideration.
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PROPOSAL OF DALEY & HEFT
FOR CONTRACT ATTORNEY SERVICES
FOR THE CITY OF CARLSBAD
The following proposal is based on the system currently
in effect and being utilized by this office in the legal
services for the City of Oceanside. This systfem has proved
to be effective and efficient for Oceanside and other public
entities. Naturally, modifications can easily be"made to
accommodate Carlsbad's specific needs.
'- RISK MANAGEMENT AND LOSS PREVENTION
We are available for consultation on loss prevention
measures such as advice regarding posting of warning signs
and .necessary record-keeping procedures. We have assisted
Oceanside in implementing numerous policies in.this regard.
Our location allows us to be more readily available for such
consultations than many downtown San Diego firms.
P.RELITIGATION CONSULTATION :
We are available for prelitigation consultation in
situations where immediate legal advice may help in the
settlement of a claim before suit is filed. In major risk
situations, attorney input may be helpful in the conduct of
investigation before suit is filed. We are also available
for consultation with City officials to answer questions
regarding claims procedures. .
LITIGATION ' , ' : ., . ^
When a claim is filed, the Risk Manager or similarly
designated official will conduct an investigation or retain
outside investigators. If the case proceeds to suit, the
investigation file will then be forwarded to the attorney.
The City representative will conduct or authorize further
investigation as required by the attorney.. All attorney
activity is approved in advance by the entity or its"repre-
sentative. This system allows the responsible City official
to easily monitor the progress and cost o.f the litigation.
In certain- situations the City Attorney may wish to
formally associate with us where he wishes to participate in
the litigation or have closer contact with the case.
REPORTING ' •'•..•'
Once suit is filed, the case file will be forwarded to
our office. Upon receipt of the file, we will acknowledge
receipt and within 30 days submit an initial opinion letter
based on the available information. Copies of all pleadings
are forwarded upon filing.. Opinion letters or status reports
are forwarded on a monthly basis.
TRIAL AND SETTLEMENT • • ' ' -
All settlement authority comes from the City representa-
tive up to the extent of his or her authority. Settlements
beyond that authority are subject to the approval of the City
Council. Based on our experience, we are convinced that
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certain types of cases require very aggressive defense to
prevent the filing of frivolous lawsuits. These include
police malfeasance and slip and fall cases. As a general
proposition, less suits are filed where the City has the
reputation of fully defending its lawsuits. To become
known as a City that regularly pays off claims for nuisance
value invites the filing of frivolous claims. As a result
of implementation of this policy, filings against the City
of Oceanside were reduced approximately 65% shortly after
that entity became self-insured.
Those cases which are deemed to be frivolous or lacking
merit should be defended through trial.
BILLINGS
Charges for legal services are billed at $50 per hour.
Our per diem .for trial is $450. Billings are submitted on
an interim basis.
CONCLUSION .
Daley & Heft is. located in Encinitas. Both members of
the firm have practiced in North County for approximately
five years. We feel that we will be able to provide more
prompt, thorough and less expensive -service than many down-
town San Diego firms. Our location allows us to discuss
matters with City personnel and review City files without
concern for excessive travel time. We are anxious to repre-
sent the City of Carlsbad and hope you will consider us for
this assignment. .
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'John Skylstead Rhoades
Harrison R. Hollywood
Michael I. Neil
Thomas M. Dymott
Daniel M. White
Bruce El. Sulzner
Roger G. Perkins
Daniel S. Belsky
George F. Haydon
David G. Brown
William H. Neumann
Robert W. Frank
Greg J. Ryan
Robert D. Shoecraft
RHOADES AND HOLLYWOOD
. A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
IOIO SECOND AVENUE, SUITE 1712
5AN DIEGO, CALIFORNIA 92101
June 19, 1981
Area 714
Telephone 238-1712
Mr. Vincent Biondo
CITY OF CARLSBAD
1200 Elm Street
Carlsbad, CA 92008 •
Re: Rhoades and Hollywood Fee Schedule
Dear Mr. Biondo:
This will acknowledge your telephone call of June 18, 1981 •
concerning the Rhoades and Hollywood Fee Schedule for defense
negligence cases.
Enclosed herewith is a current resume of law firm. .
Our current Fee Schedule is one based on hourly rates only.
We will quote to you our "prime rate" for our most, important
clients. For senior attorneys with 5 or more years experience,
the billing rate per hour is $75.00. For intermediate lawyers
with 2 to 5 .years experience the billing rate is $60.00 per
hour. For junior attorneys with less than 2 years experience
the billing rate is $50.00 per hour.• Much of the defense
litigation these days is concerned with discovery paper work.'
We find it'more economical for our clients to have this work
done by junior attorneys at a lower billing rate. The billing
rate is negotiable with each client. Normally, we would intend
'to bill at no greater than 6 month intervals. 'Again, the
billing 'frequency is negotiable with each client's needs also.
As indicated, Mr. Neil will return to the office on June 29,
1981 and I am certain that he would be pleased to discuss this
matter is greater detail with you at that time.
Our thanks again for your consideration of our firm in your
self-insured program. ' •
Very truly yours,
RHOADES AND HOLLYWOOD
R. •Hollwood
'
. RESUME OF
RHOADES AND HOLLYWOOD
A Professional Corporation
The firm of RHOADES AND HOLLYWOOD, A Professional
Corporation,'was established February 1, 1964. It was formed
with three partners, William H. Macomber, John S. Rhoades
and H. R. Hollywood. When Judge
there were only the two partners
H.R. Hollywood. The partnership
^•-poration on February 1, 1971.
there are three shareholders of the corporation,
Michael I. Neil and Thomas M. Dymott.
Macomber went on the bench,
John S. Rhoades and
changed to a professional
At the present time,
H.R. Hollywood,
The firm specializes in defense of insurance
^ci-ies. The firm represents a number of insurance clients,
i ••-> eluding the following:
A.I.G. Risk Management
Aetna Insurance Company
American Home .
Central National Insurance
Company
Chubb/Pacific Indemnity
California Casualty
California Union
Colonial Insurance Company
Coop of American Physicians
Dentists Insurance Company
Doctors' Company
Equity General Agents, Inc.
Excelsior Adjusters, Ltd.
Financial Indemnity
Fremont Indemnity
General Insurance Company of
America
Glacier General Assurance. Company
Harbor Insurance Company
Hartford Accident and Indemnity
Company
Industrial Indemnity
Insurance Company of North America
International Surplus Lines
Adjusting Company
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Interstate National Corp.
Jefferson Insiarance Company
of New York
Lawyers Mutual Insurance
Company
Midland Insurance Company
National American Insurance
Company of New York
National Union Fire Insurance
Company
New Hampshire Insurance
Company
Proprietor's Insurance Company
Safeco Insurance Company
Sentry Insurance Company
Southern California Physicians
Insurance Exchange
Strauss Fuchs Organization, Inc. ,
Swett $ Crawford /•- ;
;v
Transamerica Insurance V
Travelers Insurance Company
Unigard
Utica Mutual Insurance
Company
Wawanesa Mutual Insurance Co.
Western World Insurance
Company, Inc.
Workmaris Auto Insurance Co.
• ' .'••' ..''13 , '
We do a considerable amount of work in the
professional liability area, and particularly in the field of
medical and legal malpractice defense. We also represent
architects and engineers, real estate agents and insurance
agents, through their errors and omissions policies. We
handle the full range of insurance defense interest.
The firm is listed in all four of the major
: insurance directories: Best's Recommenced Insurance Attorneys, .
The ^Insurance Bar, Hines Insurance Counsel a:id Th,e Underxvriter '"s
List. . .•-...
All of the files are supervised by either
H.R. Hollywood or Michael I. Neil. The supervision is much
like that of a claims officer in that each file is reviewed
at least every sixty days. In this manner, control is
established over the quantity and quality of the work performed
by the younger lawyers to ensure that not only the appropriate
work is being accomplished on the file, but, equally important,
that the files are not overprepared from the defense standpoint.
John S. Rhoades is the senior trial lawyer and is
a member of the American Board of trial Advocates and the
Association of Southern California Defense Counsel. He was
formerly a director of the latter organization. He was also
chief prosecuting attorney and Deputy City Attorney of the
City of San Diego. He holds an "av" (the highest rating
for Martindale-Hubbell). His work consists primarily in •
the field of professional liability defense. His is also a
member of the Federation of Insurance Counsel.
H.R. Hollywood was formerly a field adjuster, then
later resident representative in Long Beach of the
-Insurance Company of North America in the Los Angeles County
area from 1954 to 1961 . He has a Master of Law Degree in
insurance law. The first two and one-half years of practice
were with the local law firm of Luces Forward, Hamilton § Scripps
in the trial department. He has completed approximately eighty
Superior Court civil jury cases to verdict over the past
eighteen years, which was sufficient to qualify him for the
rank of Advocate in the American Board of Trial Advocates.
He is a member and former president of the seven-hundred man
Association of Southern California Defense Counsel. Incidentally,
this was the first time a San Diego attorney had been elected
to the presidency of that organiziation, \vhich is primarily
based in Los Angeles. He is also a member of the International
Association of Insurance Counsel. He also has an "av" rating
from Martindale-Hubbell.
That which follows is an individual resume of each
of the other attorneys performing trial work for the firm.
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Michael I. Neil was born in Long Beach, California
on August 21, 1940, and ivas admitted to the California Bar
in 1966. He holds a B.A. from San Diego State College
.and received his legal education at Berkeley, University of
California, graduating in 1966 with an LL.B. degree. He
is a member of the board of directors and shareholder of
the.firm. His duties consist primarily of trial work.
His is director of the Association of Southern California
•Defense Counsel and a member of the American Board of Trial
Advocates. As an appointee of the Governor of California to
the California Veterans Board, and \vhile serving as chairman
of that board, he supervised life, fire and disaster insurance
for the multi-million dollar Cal-Vet Home Loan Program.
He is a Lt. Col. in the United States Marine Corps Reserve.
He has an "av" rating from Martindale-Hubbell.
Thomas M. Dymott was born in Detroit, Michigan -
on September 15, 1945, and was admitted to the California
Bar in 1974. He received a B.A. from Alma College, ;
Alma, Michigan, in 1967 and completed his legal education at
the University of San Diego in 1974, receiving a J.D. degree."
He is a member of the San Diego County Bar Association,
State Bar of California and the Association of Southern
California Defense Counsel.
Daniel M. White was born in Orange, California on
February 14, 1947, and was admitted to the California Bar
in 1975. His education was completed at San Diego State
University and University of California Hastings College
of Law (J.D. 1975). He belongs to Alpha Mu Gamma and Pi
Sigma Alpha fraternities. He is a member of the San Diego
County Bar Association, State Bar of California and the
Association of Southern California Defense Counsel. '.
Bruce E. Sulzner was born April 19, 1946, in
Miami, Florida, was admitted to the California Bar in 1976,
admitted to the Colorado Bar in 1978, graduate from Tulane
University with a B.S. in 1968 and graduated from Cal Western
School of Law with a J.D., Magna Cum Laude in 1976. He is
a member of the California State Bar, the Colorado State
Bar, the Colorado Bar Association, the American Bar Association,
the El Paso County Bar Association and the San Diego County
Bar Association.
• . ... Roger G. Perkins, born May 6, 1953, in Washington,
D.C., admitted to the California Bar i"n 1979; University of ;-.
California, San Diego (B.A. 1975); Cal Western (J.D. 1978);
legal fraternity Phi Alpha Delta. He is a member of the
California State Bar, San Diego County Bar Association and
the American Bar Association. . . .
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Daniel S. Belsky, born August 29, 1952, at
New Brunswick, New Jersey, admitted to the California Bar "
in 1977; Hobart College '(B.A., Cum Laude 1974); University
of Miami (J.D. 1977). He is a member of the California ;
.State Bar and American Bar Association.
'George F. Haydon, born March 30, 1934, at Jerome,
Arizona, admitted to the California Bar in 1979; San Diego
State University (B.A. 1956); Western State University
(J.D. 1978). He was with the Travelers Insurance Company
for twenty-one years, spending the last ten years as
Manager of San Diego Claims. He is a member of the California
State Bar and the San Diego County Bar Association.
David G. Brown was born in Scottsdale, Arizona
on July 27, 1950, and was admitted to the California Bar
in 1975. He graduated with an A.B. from Occidental College
in Los Angeles, California (Cum Laude 1972). His legal
education was completed at the University of California,
i ^c- Angeles, in 1975, where he received a J.D. degree.
He belongs to Alpha Tau Omega and Phi Alpha Delta
fraternities. He is a member of the San Diego County Bar
Association and the State Bar of California.
William H. Naumann, born February 6, 1952, in
""-^ton, Ohio; admitted to California Bar in 1980; North
o^iiral College, B.A. in 1976 in Naperville, Illinois;.
J.D. USD 1980; .State Bar of California and San Diego Bar
Association. .
Robert W. Frank was born on October 23, 1955 in ,
Yerrington., Nevada; San Diego State University A.B. in 1977;
Hastings J.D. , 1980; Fraternities, Kappa Sigma and
Phi Beta Ki; California State Bar and San Diego County Bar
Association.
Greg J. Ryan, born November 2, 1949 in Rochester,
Minnesota; B.A. Bemidji State University 1972; J.D. Cal Western
1980; Fraternities, Phi Sigma Epsilon; California State
Bar and San Diego County Bar Association.
Robert D. Shoecraft, born December 31, 1954, in
Globe, Arizona; B.A. Arizona State 1976; J.D. Cal Western
1980 (Cum Laude); Member Barristers, California State Bar
and San Diego County Bar Association.
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We would be pleased to furnish any other
information you desire upon request.
I. remain, . ..'.-,
Yours very truly, '
RHOADES AND HOLLYWOOD
' •. ' HARRISON R. HOLLYWOOD
HRH:jsc
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE RETENTION
OF SPECIAL COUNSEL FOR SELF-INSURANCE DEFENSE.
WHEREAS, Section 2.14.130 of the Carlsbad Municipal
Code provides that the City Council may employ special counsel
under terras it considers proper; and
WHEREAS, the City Council has determined, upon
recommendation of the City Attorney, that it is necessary to
retain special counsel for personal injury defense; and
WHEREAS, the City has received proposals from the firms
of Higgs, Fletcher & Mack, dated June 24, 1981; Daley &' Heft,
dated June 22, 1981; and Rhoades and Hollywood, dated June 19,
1981 to provide that representation, all on file in the office of
the City Attorney and incorporated by reference herein; and
WHEREAS, the City Council wishes to accept the proposals
from the three above-referenced firms and authorize the City
Attorney to assign cases to them as he considers appropriate;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes the City
Attorney to employ the law firms of Higgs, Fletcher & Mack;
Daley and Heft; and Rhoades and Hollywood for the City's self-
insurance defense in accordance with the terms and conditions of
the above-referenced proposals. The City Attorney is authorized
to assign cases to any of the law firms as he considers
appropriate.
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3. That the City Council authorizes the expenditure
of funds from the liability self-insurance revolving fund
(Account 10-103-2870) as may be necessary to pay the fees of the
City's special counsel. ,,
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
15th day of September , 19 81 , by the following
vote, to wit: . ,
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PARKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, CitysClerk\
(SEAL)
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