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HomeMy WebLinkAbout1996-03-12; City Council; 13539; RETENTION OF SPECIAL COUNSEL%- c D 9 2 a %8, 8 .. i= 0 4: =1 0 z 0 5 e 0 55 CITY OF CARLSBAD - AGENDA BILL AB# 17, 53 7 TITLE! CITY 1 RETENTION OF SPECIAL COUNSEL MTG. 3 -13 d7b DEPT, DEPT. CA CITY I RECOMMENDED ACTION: Approve Resolution No.94 0-80 I authorizing retention of additional special counse of general liability. ITEM EXPLANATION: The Council has previously authorized the City Attorney to retain certain law firm counsel. From time to time, these authorizations should be reaffirmed and amendl new law firms and current proposal letters. The City attorney recommends that the the law firm of Bartlett, Kirch & Lievers at the rate of $100 per hour. GENERAL LIABILITY Daley and Heft Butz, Lucas and Dunn Law Offices of Charles A. Vivian0 Law Offices of Bartlett, Kirch & Lievers WORKERS’ COMPENSATION England, Hodik & Trovillion Gillette, Loof, Langton & Hagner Heggeness & Sweet authorize the retention of additional special counsel for general liability of Bradley I Graves, Roberson & Bourassa EMINENT DOMAIN AND CONDEMNATION Asaro, Keagy, Freeland & McKinley Daley and Heft FISCAL IMPACT Funds for retention of special counsel for workers’ compensation are already included self-insurance budget. EXHIBITS: Resolution No. % - 80 % * ll e 0 I 2a mu? a08 vug ?$A &->8 ZdZ F:$ 5UU 204s 0, Onu. t ai <>ma gyl?o UU$d c?% 40-J 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 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE RETENTION OF ADDITIONAL SPECIAL COUNSEL WHEREAS, Section 2.14.130 of the Carlsbad Munici: provides that the City Council may employ special counsc terms it considers proper; and WHEREAS, the City Council has determinec recommendation of the City Attorney, that it is necessary t additional special counsel for defense of general liability and NOW, THEREFORE, BE IT RESOLVED by the City Councj City of Carlsbad, California, as follows: 1. That the above recitations are true and cor 2. That the City Attorney is hereby authorized t Bradley A. Bartlett of the law firm of Bartlett, Kirch & Lj he considers appropriate at the rate of $100 per hour pur the I1Proposal to Provide Litigation Legal Services" attachc as Exhibit "A". 3. That the City Council authorizes the expent funds as may be necessary to pay the fees of special COI liability claims. /// /// /// /// /// /// 28 t L e e Dm suz $iT$ an0 5U-U $055 ooou <;s2 zwm(J 02-1 ~ ““52 0 E23 p% m> ow2 &->S jZ+= a02 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PASSED, APPROVED AND ADOPTED at a Regular Meetinc City Council of the City of Carlsbad on the 12th day of - 1996, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall NOES : None ABSENT : Council Member ATTEST : ALETHA L. RAuTEHKmz, city perk ( SEAL 1 1 18 19 20 21 22 23 24 25 26 27 28 e,, 0 0 BARTLETT KIRCH & LIEVERS ~ ATTORNEYS ~TCI~.~ A. 61 Jacques 3. Kn Cjregm Y. LA 221 West CI 92025-172a Suite 200 Escondido, ( February 23, 1996 Tel619-738, Fax 619-738 Ron Ball, Esq. City Attorney CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Proposal to provide litigation legal services Dear Mr. Ball: Pursuant to your recent request, we propose to provide City of, Carlsbad litigation legal services under the terms , conditions set forth in this letter. Bartlett, Kirch and Lievers will provide tort defense servi at a rate of $100.00 an hour for attorneys and $50.00 an hour our paralegal. Additional terms and conditions of representation are set forth in the enclosed document entitl "Standard Terms of Engagement for Legal Services". After y review of this correspondence and the enclosure, please let us k if you have any questions or wish discussion. We greatly appreciate your consideration of Bartlett, Ki and Lievers among your panel of outside litigation counsel. look forward to working with you. ;Ak ETT, KIRCH LIEVERS 6 / BAEi/rls Enclosures, )&dley$l. Bartlett Ba112. LTR '\ 0 0 BARTLETT, KIRCH & LIEVERS Attorneys at Law STANDARD TERMS OF ENGAGEMENT FOR LEGAL SERVICES This statement sets forth the standard terms of our engageme as your lawyers. Unless modified in writing by mutual agreemer these terms will be an integral part of our agreement with yc Therefore, we ask that you review this statement carefully 2 contact us promptly if you have any questions. Please retain tl: statement in your file. 1, The Scope of Our Work, v- Luu shoal6 ha~e a clear undei-staiiding of the ie! services we will provide. Any questions that you have should dealt with promptly. We will at all times act on your behalf to the best our ability. Any expressions on our part concerning the outcome your legal matters are expressions of our best professio: judgment, but they are not guarantees. Such opinions necessarily limited by our knowledge of the facts and are ba upon the state of the law at the time they are expressed. 2. How Fees Will Be Set. Our legal services will be charged at the rate of $100 per hour for attorneys' time spent in rendering service on matter you refer to us. Our paralegals will charge at $50.00 hour. We will keep accurate records of the time we devote to y work, including conferences, negotiations, factual and le research and analysis, document preparation and revision, co time, discovery, travel on your behalf, and other related matte We record our time in units of tenths of an hour. We are often requested to estimate the amount of fees costs likely to be incurred in connection with a particular matt Whenever possible we will furnish such an estimate based upon professional judgment, but always with a clear understanding t it is not a maximum or fixed fee quotation. The ultimate c frequently is more or less than the amount estimated. 3. Out-of-Pocket Expenses. We typically incur and pay on behalf of our client variety of out-of-pocket costs arising in connection with le services. These costs include charges made by government agenc and service vendors as well as clerical charges. Whenever s costs are incurred, we will carefully itemize and bill t2 Typical of such costs are messenger, courier and express deli7 charges; telecopy and telex charges; printing and reproducl ', 0 0 costs; filing Eees; deposition and transcript costs; witness fee travel expenses; charges made by outside experts and consultant including accountants, appraisers and other legal counsel (unle arrangements for direct billing have been made) ; computerized le5 research expenses; and charges for automated document productj (word processing). We incur outside costs as agents for c clients and incur internal expenses on behalf of our clients, \ agree that these costs will always be paid on a regular basis. 4. Trust Deposits, Deposits which we receive from you will be placed ir trust account on your behalf. Deposits which are nominal in am01 or are on deposit for only a short period of time will be placed our unsegregated trust account, a non-interest bearing accou: Deposits which are not oa depsit for a short time will deposited in a segregated trust account for your benefit, and interest which accrues will be added to the deposit for y benefit. Deposits which are received to cover specific items w be disbursed as provided in our agreement, and you will be notif from time to time of the amounts applied or withdrawn. Any am0 remaining after disbursement will be returned to you. 5. Termination. YOU may terminate our representation at any time, with without cause, by notifying us. If such termination occurs, y papers and property will be returned to you promptly. Our files pertaining to the case will be retained. Your terminatior our services will not affect your responsibility for payment legal services rendered and out-of-pocket costs incurred bef termination and in connection with an orderly transition of matter. We are subject to the Code of Professic Responsibility, which lists several types of conduct circumstances which require or allow us to withdraw f representing a client; nonpayment of fees or COS misrepresentation or failure to disclose material facts; act contrary to our advice; and conflict of interest with anot client. We try to identify in advance and discuss with our clic any situation which may lead to our withdrawal, and if withdra ever becomes necessary, we immediately give the client writ notice of our withdrawal. In such event, you agree to execute 5 court. documents in such form as to permit us to withdraw in legal action then pending. 2 s~andard.2trn 0 a 1 6. Billing Arrangements and Terms of Payment. We will bill you on a regular basis, normally each monl for both fees and disbursements. You agree to make payment wit1 30 days of receiving our statement. We will give you prompt notice if your account becol delinquent, and you agree to bring the account or the retail deposit current. If the delinquency continues and you do 1 arrange satisfactory payment terms, we will withdraw from representation and pursue collection of your account. YOU agree pay the costs of collecting the debt, including court costs, fil fees and a reasonable attorneys' fee. You agree to notify us in writing if you dispute any bill entry or computation. If you fail to do so within forty (40) d after the mailing therea?, all elltries shall be deemed. by both and us as fair and correct. 7. Your Right to Arbitrate. If you disagree with the amount of our fee, ple promptly bring this to our attention. Typically, s disagreements are resolved to everyone's mutual satisfaction w little inconvenience or formality. In the event of a fee disp which is not readily resolved, you have the right to requ arbitration under the supervision of the State Bar Association, we agree to participate fully in that process. 8. Errors and Omissions Coverage. California Business and Professions Code Section 6 requires our firm to disclose whether we maintain errors omissions insurance coverage applicable to the services to rendered. Bartlett, Kirch & Lievers does maintain such covera 9. Litigation Concerning Your Bill. While we hope that it will never become necessary, in event of litigation concerning the amount of attorney's fees bii or the terms of this agreement, the prevailing party in any E litigation shall be entitled to reasonable costs and attorn€ fees. should we represent ourselves in such litigation, the f shal1,be entitled to recover fees for the time spent on litigation in accordance with the billing rate we charge on I. matters.. We will be considered the prevailing party if we recc any amount, by judgment, arbitration, stipulation or otherwise, excess of your last written offer of settlement. 3