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