HomeMy WebLinkAbout1987-04-07; City Council; Resolution 9011I
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RESOLUTION NO. 9011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE AGREEMENT FOR SPECIAL ZED LEGAL
SERVICES WITH THE LAW FIRM OF WHITMORE, KAY 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, Kay 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 the 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, Kay 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 theCitl
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad, California, at a regular meeting held on the 7th
day of April , 1987, by the following vote, to wit:
Council Members Lewis, Pettine, Mamaux and Larson AYES:
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
lLe&L- R. fkLdLL- ALETBA L. RAUTENKRANZ, City Cl$rk
AGREEMENT BETWEEN
THE CITY OF CARLSBAD
AND
WHITMORE, KAY & STEVENS
This agreement, effective January 1, 1987, is entered
into by and between WHITMORE, KAY & STEVENS, a
partnership (hereafter referred to as SPECIAL COUNSEL),
and the CITY OF CARLSBAD (hereafter referred to as CITY)
WITNESSETH :
WHEREAS, CITY has need for specialized legal
services; and
WHEREAS, SPECIAL COUNSEL has the training, experience and competence to perform the special legal
counsel required by CITY; and
WHEREAS, CITY has authority under state law to
employ SPECIAL COUNSEL the parties to this agreement do
hereby mutually agree as follows:
I
DUTIES OF SPECIAL COUNSEL
1. SPECIAL COUNSEL shall provide negotiations and
legal services as requested by CITY, including representation in administrative hearings, arbitrations and court proceedings as designated by the CITY’S
Manager.
2. SPECIAL COUNSEL, in carrying out the terms and
conditions of this agreement, is an independent
contractor and is not an employee of the CITY.
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DUTIES OF CITY
CITY shall cooperate with SPECIAL COUNSEL in the
performance of this agreement.
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CONSIDERATION
1. In consideration of the servi8-es rl ndered by SPECIAL COUNSEL as herein specified, CITY agrees to pay, and SPECIAL COUNSEL agrees to accept in full
payment therefore, compensation at the following rates:
Partner
Associate 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 incidental expenses and costs, such as photocopies, incurred in the performance of this agreement.
IV
TERM
The term of this agreement shall be from January
1, 1987 through December 31, 1987 and shall continue in
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 6% STEVENS a Partnership