HomeMy WebLinkAbout1987-04-07; City Council; 8947; whitmore, Kay and Stevens Agreement ApprovalAGREEMENT FOR SPECIALIZED SERVICES
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RECOMMENDED ACTION:
Adopt Resolution No. 70~1 approving the attached agreement with the law firm of Whitmore, Kay and Stevens.
ITEM EXPLANATION:
The City of Carlsbad has contracted with special counsel Whitmore,
with negotiations, representation ill administrative hearings,
Kay and Stevens to handle several pending matters. They assist
Due to the continuing nature of some of these cases, staff
arbitrations and court proceedings as directed by the City.
recommends continuing the retention of this law firm to provide legal services in accordance with the attached agreement.
FISCAL IMPACT:
Funds are available in the liability insurance appropriations account no. 610-820-1910-2973 for this purpose.
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EXHIBITS:
1. Resolution No. 90 11 approving agreement.
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RESOLUTION NO. , 9911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENT FOR SPECIALIZED LEGAL SERVICES WITH THE LAW FIRM SF WHITMORE, RAY AND STEVENS.
WHEREAS, the City of Carlsbad requires the services of legal
counsel to represent the City with respect to pending personnel
matters; and
WHEREAS, the law firm of Whitmore, Key and Stevens possesses
the necessary skills, training, competence, and expertise to
perform the specialized legal services required by the City; and
WHEREAS, funds are available in account no. 610-820-1910-
2973 for said services.
NOW, THEREFORE, BE IT RESOLVED by tile City Council Of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the agreement for legal services provided by the
law firm of Whitmore, Xay and Stevens attached hereto as Exhibit
1 is hereby approved.
3. The Mayor is hereby authorized and directed to enter into
said agreement with Whitmore, Kay and Stevens on behalf of thecity
PASSED, APPROVED AND ADOPTED by the City Council cf the City
of Carlsbad, California, at a regular meeting held on the 7th -
day of April , 1987, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
4. m.- ALETHA L. RAUTENKRANZ, City Clerk
AGREEMENT BETWEEN
THE CITY OF CARLSBAD
AND
WHImMORE. KAY & STEVENS
__. . This agreement, effective January 1. 1987, is entered
r.,<.: ,. . :
,. .. :; .: .into by and between WHITMORE, KAY & STEVENS, a
.. :-partnership (hereafter referred to as SPECIAL COUNSEL).
CITY)
and the CITY OF CARLSBAD (hereafter referred to as
WITNESSETH:
WHEREAS, CITY has need for specialized legal services: and
experience and competence to perform the special legal WHEREAS, SPECIAL COUNSEL has the training.
counsel required by CITY: and
employ SPECIAL COUNSEL the parties to this agreement do WHEREAS, CITY has authority under state law to
hereby mutually agree as follows:
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DUTIES OF SPECIAL COUNSEL
legal services as requested by CITY, including
1. SPECIAL COUNSEL shall provide negotiations and
representation in administrative hearings, arbitrations and court proceedings as designated by the CITY'S ... .. Manager.
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conditions of this agreement, is an independent 2. SPECIAL COUNSEL, in carrying out the terms and
contractor and is not an employee of the CITY.
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DUTIES OF CITY
performance of this agreement. CITY shall cooperate with SPECIAL COUNSEL in the
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CONSIDERATION
1. In consideration of the services rendered by
pay, and SPECIAL COUNSEL agrees to accept In full SPECIAL COUNSEL as herein specified. CITY agrees to
payment therefore, compensation at the following rates:
Associate Partner
Law Clerk Paralegal
- $135 per hour - $60 to $105 per hour - $40 per hour - $40 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
I -incidental expeuses and costs, such as photocopies, ., . incurred in the performance of this agreement.
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IV
TERM
1, 1987 through December 31. 1987 and shall continue in The term of this agreement shall be from January
effect thereafter unless either party shall give written notice to the other to modify or terminate. Either party may unilaterally terminate the agreement upon such written notice. Modification requires mutual
consent.
WHITMORE, KAY & STEVENS a Partnership
CITY OF CARLSBAD