HomeMy WebLinkAbout1986-06-10; City Council; 8653; Agreement for Spcialized Legal ServicesCITY "F CARLSBAD — AGENDA-^ILL
UTG. 6/10/86,
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AGREEMENT FOR SPECIALIZED LEGAL
SERVICES AND AUTHORIZING THE
TRANSFER OF FUNDS
DEPT. H
CITY ATTY
CITY
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Adopt Resolution No. %S~j[3_t approving the attached agreement with
the firm of Whitmore, Kay & Stevens and authorizing the transfer
of funds.
ITEM EXPLANATION:
The City requires the services of special legal counsel for several
pending matters. Staff recommends the retention of the law firm of
Whitmore, Kay & Stevens to provi'de these services in accordance with
the attached agreement (Exhibit #2) . The agreement shall be in
effect through December 1986.
FJSCAL^IMPACT:
Staff recommends a fund transfer of $25,000 from an available surplus
of unexpended funds in the liability insurance premiums account 610-
840-1910-2971 to the liability insurance appropriations account 610-
840-1910-2973 for this purpose. Although the total cost of this
agreement will be contingent upon the actual hours of service needed
through December 1986.
1. Resolution No. PjTjffi, approving the agreement and transferring
funds .
2. Agreement for specialized legal services.
1 RESOLUTION NO. 8599
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT FOR SPECIALIZED LEGAL
3 SERVICES AND TRANSFERRING FUNDS
4 WHEREAS, the City of Carlsbad requires the services of legal counsel
5 to represent the City with respect to pending personnel matters; and
WHEREAS, the law firm of Whitmore, Kay and Stevens possesses the
7 necessary skills, training, competence, and expertise to perform the
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specialized legal services required of the City; and
9 WHEREAS, the City Council approves a funds transfer in the amount
° of $50,000 from account 610-840-1910-2971 to account 610-840-1910-2973 for
11 said services
12 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Carlsbad, California:
14 1. That the above recitations are true and correct.
15 2. That the agreement with the law firm of Whitmore, Kay and Stevens
16 attached hereto as Exhibit A is hereby approved.
17 3. That the Mayor is hereby authorized and directed to enter into
TO
an agreement with the law firm of Whitmore, Kay and Stevens on behalf of
19 the City.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of
Carlsbad, California, at a regular meeting held on the _lOth_day of June ,
1986, by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None .
^L il tf>/ (S\^tA^^T *J • L-
MARY H. CA^lER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
AGREEMENT BETWEEN
THE CITY OF CARLSBAD
AND
VHITMORE, KAY 4 STEVENS
This agreement, effective March 1, 1986, is entered into by and
between WHITMORE, KAY 4 STEVENS, a partnership (hereafter referred to as
SPECIAL COUNSEL), and the CITY OF CARLSBAD (hereafter referred to as CITY)
VITNESSETH:
WHEREAS, CITY has need for specialized legal services; and
WHEREAS, SPECIAL COUNSEL has the training, experience and competence
to perform the specialized legal services required by CITY; and
WHEREAS, CITY has .authority under state law to employ SPECIAL COUNSEL;
NOW, THEREFORE, the parties to this agreement do hereby mutually agree
as follows:
I
DUTIES OF SPECIAL COUNSEL
1 . SPECIAL COUNSEL shall provide legal services as requested by
CITY, including representation in administrative hearings, arbitrations and
court proceedings as designated by the City's Manager.
2. SPECIAL COUNSEL, in carrying out the terms and conditions of this
agreement, is an independent contractor and is not an employee of the CITY.
II
DUTIES OF CITY
CITY shall cooperate with SPECIAL COUNSEL in the performance of this
agreement.
U
Ill
CONSIDERATION
1 . In consideration of the services rendered by SPECIAL COUNSEL as
herein specified, CITY agrees to pay, and SPECIAL COUNSEL agrees to accept
in full payment therefore, compensation at the following rates:
Partner - $135 per hour
Associate - $60 to $105 per hour
Graduate
Legal Assistant - $45 per hour
Law Clerk - $40 per hour
Paralegal - . $4-0 per hour
2. SPECIAL COUNSEL shall be entitled to compensation for travel time
at the rates set forth above. SPECIAL COUNSEL shall also be entitled to
reimbursement for necessary and actual travel and incidental expenses and
costs, such as photocopies, incurred in the performance of this agreement.
IV
TERM
The term of this agreement shall be from March 1, 1986 through
December 31, 1986.
WHITMORE, KAY 4 STEVENS CITY OF
a Partnership CARLSBAD
By By /t t^-^-x^ U.
Dated: Dated: