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HomeMy WebLinkAbout1986-06-10; City Council; 8653; Agreement for Spcialized Legal ServicesCITY "F CARLSBAD — AGENDA-^ILL UTG. 6/10/86, CM AGREEMENT FOR SPECIALIZED LEGAL SERVICES AND AUTHORIZING THE TRANSFER OF FUNDS DEPT. H CITY ATTY CITY 'OUJso:a. Q- o o oz3Oo 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 Q 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. 20 // 21 // 22 // 23 //24 //25 //26 // 27 //28 // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: