HomeMy WebLinkAbout1988-01-05; City Council; 9257; AGREEMENT FOR SPECIALIZED SERVICES-
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AGREEMENT FOR SPECIALIZED SERVICES
RECOMMENDED ACTION:
Adopt Resolution No. 17 8- 2 approving the attached agreement with
the law firm of Whitmore, Kay and Stevens.
I TWEXPLAN A T I ON :
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The City of Carlsbad has contracted with special counsel Whitmore, Kay and Stevens to handle several pending matters.
negotiations, representation in administrative hearings , arbitrations and
court proceedings as directed by the City. nature of some of these cases, staff recommends continuing the retention
of this law firm to provide legal services in accordance with the attached agreement.
They assist with
Due to the continuing
FISCAL IMPACT:
Hourly billing rates have been increased for associates from $60 - $105
per hour to $80 - $120 per hour, for paralegal and law clerks from
$40 to $45 per hour, and a rate has been established for graduate legal
assistants of $60 per hour. The billing rate for partners remains unchanged.
EXHIBITS :
1. Resolution No. fr-3 approving agreement.
2. Agreement.
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RESOLUTION NO. 88-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA
SERVICES WITH THE LAW FIRM OF WHITMORE, KAY AND STEVENS
WHEREAS, the City of Carlsbad requires the services of legal counst
CALIFORNIA, APPROVING THE AGREEMENT FOR SPECIALIZED LEG,
to represent the City with respect to pending personnel matters; and
WHEREAS, the law firm of Whitmore, Kay and Stevens possesses the
necessary skills, training, competence, and expertise to perform the speci
legal services required by the City; and
WHEREAS, funds are available in account no. 610-820-1910-2973 for E
services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citj
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 o
Whitmore, Kay and Stevens attached hereto as Exhibit 1 is hereby approvc
3. The Mayor is hereby authorized and directed to enter into said
agreement with Whitmore, Kay and Stevens on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City
1 Carlsbad, California, at a regular meeting held on the 5th day of
January, 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None ?
CEAUDE &&&A, A. L IS, Mayor
ATTEST:
a&%@&.. 4.R- ALETHA L. RAUTENKRANZ, City plerk
( SEAL)
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AGREEMENT BETWEEN
CITY OF CARLSBAD
AND
WHITMORE, KAY 6 STEVENS
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CITY OF CARLSBAD hereafter referred to as CITY, and
WHITMORE, KAY & STEVENS, a partnership, located at 490 California
Avenue, Suite 300, Palo Alto, California 94306, hereafter
referred to as SPECIAL COUNSEL, mutually agree as follows:
I. I
BASIS OF AGREEMENT
This agreement, effective January 1, 1988, is entered into
by and between WHITMORE, KAY &. STEVENS, and CITY OF CARLSBAD.
SPECIAL COUNSEL has the required background, experience, and
expertise to perform the work to be done and has agreed to do so
in accordance with the terms and conditions of this agreement.
11.
SCOPE OF THE WORK
SPECIAL COUNSEL shall provide services as requested by the
CITY, including representation in administrative hearings,
arbitrations, court proceedings and negotiations as designated by
the CITY'S Manager.
111.
PAYMENT
The CITY shall pay SPECIAL COUNSEL for all time spent on
CITY work, including necessary travel, at the rates specified in
SPECIAL COUNSEL'S Public Agency Fee Schedule, attached hereto.
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CITY understands that such rates may be changed by SPECIAL
COUNSEL from time to time, provided, however, SPECIAL COUNSEL
shall give CITY at least thirty (30) days advance written notice
Of such change. Payments shall be made at the end of each month
upon receipt of itemized invoices indicating the number of hours
of service provided to the CITY during the period for which a
claim for payment is being made.
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CITY shall pay and reimburse SPECIAL COUNSEL for reasonable
and necessary costs and expenses incurred in the course of
performing such services, including, but not limited to, travel,
document preparation, document duplication, computer research,
and meals. Where appropriate SPECIAL COUNSEL shall apportion
such expenses with other clients SPECIAL COUNSEL represents in
adjacent areas.
IV,
INDEPENDENT CONTRACTOR
While performing services hereunder, SPECIAL COUNSEL is an
independent contractor and not an officer, agent or employee of
the CITY.
V.
INSURANCE
SPECIAL COUNSEL and CITY shall take out and maintain during
the period of this agreement such general liability, workers'
compensation and vehicle insurance as is required to protect
SPECIAL COUNSEL and the CITY as their interest may appear.
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VI *
HOLD HARMLESS AND INDEMNIFICATION -
SPECIAL COUNSEL shall hold harmless and indemnify the CITY,
its officers, agents and employees from and against any and all
actions, suits or other proceedings which may arise as a result
of performing the work hereunder, except such actions, suits or
other proceedings as may arise as a result of the negligence or
willful misconduct of the CITY, its officers, agents and
employees.
CITY shall hold harmless and indemnify SPECIAL COUNSEL, its
officers, agents and employees from and against any and all
actions, suits or other proceedings which may arise as a result
of performing the work hereunder, except such actions, suits or
other proceedings as may arise as a result of the negligence or
willful misconduct of SPECIAL COUNSEL, its officers, agents or
employees.
VII.
This agreement is effective January 1, 1988, is onqoing and
This may be modified by mutual agreement of the parties.
agreement shall be terminable by either party upon 30 days
written notice.
CITY 0 C L5 D /gJ[,,&& WHITMORE, KAY & STEVENS
BY
Dated //- 23 c 8 7 Dated 52.2.//4/
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- FEES AND CLIENT CONTRACTS - PUBLIC AGENCIES
(Hourly Rates)
Partners $135.00 Associates $80.00 - 120.00
Graduate Legal Assistants $60.00 Paralegals $45.00
Law Clerk $45.00
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