HomeMy WebLinkAbout1988-01-05; City Council; Resolution 88-2I
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RESOLUTION NO. 88-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR1 CALIFORNIA , APPROVING THE AGREEMENT FOR SPECIALIZED
SERVICES WITH THE LAW FIRM OF WHITMORE, KAY AND STET
WHEREAS, the City of Carlsbad requipes the services of legal cc
to represent the City with respect to pending personnel matters; and
WHEREAS , the law firm of Whitmore, Kay and Stevens possesses
necessary skills, training, competence, and expertise to perform the
legal services required by the City; and
WHEREAS, funds are available in account no. 610-820-1910-2973
services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the agreement for legal services provided by the law fi
Whitmore, Kay and Stevens attached hereto as Exhibit 1 is hereby ap
3. The Mayor is hereby authorized and directed to enter into s
agreement with Whitmore, Kay and Stevens on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the 1
Carlsbad, California? at a regular meeting held on the 5th day o
January, 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and La1
NOES: None
AB SENT : None
ATTEST:
a&tiL 4-KA ALETHA L. RAUTENKRANZ, City blerk
(SEAL)
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AGREEMENT BETWEEN
CITY OF CARLSBAD
AND
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WHITMORE, KAY & STEVENS
CITY OF CARLSBAD hereafter referred to as CITY,
WHITMORE, KAY & STEVENS, a partnership, located at 490 Califo
Avenue, Suite 300, Palo Alto, California 94306, herea
referred to as SPECIAL COUNSEL, mutually agree as follows:
I. r
BASIS OF AGREEMENT
This agreement, effective January 1, 1988, is entered :
by and between WHITMORE, KAY & STEVENS, and CITY OF CARLSBAD.
SPECIAL COUNSEL has the required background, experience,
expertise to perform the work to be done and has agreed to dc
in accordance with the terms and conditions of this agreement.
11.
SCOPE OF THE WORK
SPECIAL COUNSEL shall provide services as requested by
CITY, including representation in administrative hearin
arbitrations, court proceedings and negotiations as designated
the CITY'S Manager.
111.
PAYMENT
The CITY shall pay SPECIAL COUNSEL for all time Spent
CITY work, including necessary travel, at the rates specified
SPECIAL COUNSEL'S Public Agency Fee Schedule, attached here
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CITY un'derstands that such rates may be changed by SPE(
COUNSEL from time to time, provided, however, SPECIAL COUI -
shall give CITY at least thirty (30) days advance written not
of such change. Payments shall be made at the end of each mc
upon receipt of itemized invoices indicating the number of hc
of service provided to the CITY during the period for whic
claim for payment is being made.
CITY shall pay and reimburse SPECIAL COUNSEL for reason2
and necessary costs and expenses incurred in the course
performing such services, including, but not limited to, trav
document preparation, document duplication, computer resear
and meals. Where appropriate SPECIAL COUNSEL shall apport
such expenses with other clients SPECIAL COUNSEL represents
adjacent areas.
IV.
INDEPENDENT CONTRACTOR
While performing services hereunder, SPECIAL COUNSEL is
independent contractor and not an officer, agent or employee
the CITY.
V.
INSURANCE
SPECIAL COUNSEL and CITY shall take out and maintain dur:
the period of this agreement such general liability, worker
compensation and vehicle insurance as is required to protf
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 C
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its officers, agents and employees from and against any and
actions, suits or other proceedings which may arise as a re
of performing the work hereunder, except such actions, suit:
other proceedings as may arise as a result of the negligencc
willful misconduct of the CITY, its officers, agents
employees.
CITY shall hold harmless and indemnify SPECIAL COUNSEL,
officers, agents and employees from and against any and
actions, suits or other proceedings which may arise as a re;
of performing the work hereunder, except such actions, suit:
other proceedings as may arise as a result of the negligencc
willful misconduct of SPECIAL COUNSEL, its officers, agents
employees.
VII.
This agreement is effective January 1, 1988, is ongoing
may be modified by mutual agreement of the parties. 1
agreement shall be terminable by either party upon 30 c
written notice.
WHITMORE, KAY & STEVENS CITY 04' CARLS D /hA.- /jf: "'
BY 1 /:-,/ f<,L.i.
Dated //+347 Dated Yd/f// /
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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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