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Home My WebLink About1992-05-05; City Council; 11668; Whitmore, Kay and Stevens Contract ApprovalUPDATING CONSULTANT CONTRACT FOR RECOMMENDED ACTION: City Council adopt Resolution No.Yg-fi% approving this consultant JJJM FXPLANATION; The Human Resources Department requires the professional expertise of Whitmore, Johnson & Bolanos, a law firm which has the requisite knowledge and skills in legal matters relating to employer/employee relations issues. The City has, in association with the law firm of Whitmore, Kay and Stevens, previously conducted business with Richard S. Whitmore. Mr. Whitmore has recently changed the name of the law firm to Whitmore, Johnson & Bolanos in conjunction with a change in partnership. This contract update is necessary to ensure that a current contract is in place with the new firm of Whitmore, Johnson & Bolanos. This agreement is effective December 26, 1991, is ongoing and may be modified by mutual agreement of the parties. This contract shall be terminable by either party upon thirty (30) days written notice. FlSCAl IMPACT; This action will have no fiscal impact. The City has been conducting business with this consultant for a number of years. The funds for these services have been included in the departmental operating budget for fiscal year 1991 -92. EXHIBITS; I. Resolution NO. 92- 2. Contract signed by firm of Whitmore, Johnson & Bolanos. WHITMORE, JOHNSON & BOLANOS ATTORNEYS AT LAW Richard 5. Whitmore Janice E. Johnson Richard C. Bolanos April 8, 1992 Julie Clark Hman Reso!.lrces Analyst City of Carlsbad 1200 Carlsbad Village Drive Carlsbad. California 92008-1 989 Re: Leaal Service Billina Rate Dear Julie: Craig W. Patenaude Cynthia J. ONeill Helene L. Leichter Kathryn I. Burke Pursuant to our telephone conversation yesterday, this letter serves as confirmation that Dick Whitmore's billing rate for the City of Carlsbad is $185.00 per hour. Please be advised that periodically our firm reassesses and adjusts billing rates. In case of such a change, thirty (30) days advanced written notice will be given to the City. Please let me know if you have any questions, or need more information. PS:ydc Very truly yours, WHITMORE, JOHNSON & BOLANOS BY Pari Sadri Business Manager 2570 W. El Camino Real, Suite 600 Mountain View, CA 94040 415-941-9333 = 800-585-4529 W FAX 415-941-9476 AGREEMENT BETWEEN CITY OF CARLSBAD AND WHITMORE, JOHNSON R- ROLANOS City of Carlsbad, hereafter referred to as City and WHITMORE, JOHNSON 22 BOLANOS, a partnership, located at 2570 West El Camino Real, Suite 600, Mountain View, CA 94040, hereafter referred to as SPECIAL COUNSEL, mutually agree as follows: I. BASIS OF AGREEMENT This agreement, effective December 26, 1991, is entered into by and betweell WHITMQRE, JOHNS~N s: BOLANOS, and City. SPECIAL COU,NSEL has the required background, experience and expertise to perform the work to be done and has agreed to do so in accordance with the terrns and conditions of this agreement. 11. SCOPE OF TIHE 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. -1- 111. BILLING PROCEDURES AND PAYMENT I The client shall pay SPECIAL COUNSEL for all time spent 011 City work, including necessary travel, at the rates specified in SPECIAL COUNSECS Public Agency Fee Schedule, attached hereto. City understands that SPECIAL COUNSEL periodically reassesses and updates City’s fee schedule, generally 011 an annual basis; provided, however, SPECIAL COUNSEL shall give City at least thirty (30) days advance written uotice of suc11 change. Payments shall be made upon receipt of itemized invoices indicati~lg the number of hours of sewices provided to the City during the period for which a c1ai111 for payment is being made. Further, City shall pay interest at the rate provided by law for a11 anlounts due in excess of 120 days. City shall pay and reimburse SPECIAL COUNSEL for reasonable and necessary costs and expenses incurred in the course of perforlning such services, i~~clutling, but not limited to, travel, document preparation, document duplication, conlputer research, facsimile and meals. Where appropriate, SPECIAL COUNSEL shall apportion such expenses wit11 other clients SPECIAL COUNSEL represents. I v. INDEPENDENT CONTRACTOR While perfor-ming services hereunder, SPECIAL COUNSEL is an indepe~lde~~t contractor and not an officer, agent or employee of tlle City. -2- 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 City as their interests may appear. VI. HOLD HARMLESS AND INDEMNIFICATION SPECIAL COUNSEL shall hold Ilarmless 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 proceedingswhicl~ may arise as a result of the negligence or willful misconduct of the client, its officers, agents or employees. City shall hold Ilalmless and indemnify SPECIAL COUNSEL, its officers, agents and employees from and against any and a11 actions, suits or other proceedings which IIIZI~ arise ill connection with the work performed llereunder, except such actions, suits or other proceedings which may arise as a result of the negligence or willful Inisconduct of SPECIAL COUNSEL, its officers, agents or employees. i VII. This agreement is effective December 26, 1991, is ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party LIPOII thirty (30) days written notice. -3- WHITMORE, JOHNSON Sr BOLANOS BY q” \ Janice JO~IISOII. Managing Partner -4- WHITMORE, JOHNSON U BOLANOS Hourlv Rate Richard S. Whitmore, Partner Janice E. Johnson, Partner Richard C. Bolanos, Partner Cynthia J. O'Neill, Associate Kathryn J. Burke, Associate Craig W. Patenaude, Associate Helene L. Leichter, Associate Nancy J. Clark, Associate David E. Towns, Graduate Legal Assistant Paralegals $1 85.00 175.00 175.00 145.00 145.00 140.00 125.00 115.00 95.00 55.00 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 RESOLUTION NO. 92-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT AN RFSOURCES CONSUI TlNG SFRVICES. WHEREAS, the City Council has determined that it is desirable and necessary to retain professional consulting services in legal matters relating to employerlemployee relations issues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitation is tcue and correct. 2. That the City Cou&l approves an agreement authorizing the retention of Whitmore, Johnson and Bolanos as a consultant to provide legal services relating to ' employerlemployee relations issues. 3. That funds are available in the Human Resources Department budget for fiscal year 1991-1992. Ill ? _- .. 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 at a regular meeting of the City Council of the City of Carlsbad, California, on the 5th day of MAY , 1992, by the foilowing vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT None LEWIS, Mayor ATTEST ". L22dd!cA"- ALETHA L. RAUTENKRANZ, City Cle k (SEAL)