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Home My WebLink About1994-230 1 2 3 RESOLUTION NO. <)4-~10 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH KAY AND STEVENS, 5 ATTORNEYS AT LAW, FOR THE PROVISION OF LEGAL SERVICES RELATING TO ALLEGATIONS OF SEXUAL HARASSMENT IN THE CITY ATTORNEY'S OFFICE. 6 7 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 section 1. The Mayor is hereby authorized and directed to execute on behalf of said City an agreement with Kay and Stevens, 10 Attorneys at Law, for the provision of legal services relating to 11 allegations of sexual harassment in the city Attorney's Office, 12 which 13 14 15 16 17 18 19 20 Exhibit nAn, and is attached hereto, marked agreement incorporated herein by reference as fully as though set forth at length. Section 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of the resolution. I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a 23 meeting thereof, held on the 1st day rpQ"1l1~r , 1994, by the following vote, to wit: of August 24 25 IIIII 26 I I I I I 27 I I I I I 28 IIIII RESOLUTION AUTHORIZING AGREEMENT WITH KAY AND STEVENS RELATING TO LEGAL SERVICES RELATING TO ALLEGATIONS OF SEXUAL HARASSMENT IN CITY ATTORNEY'S OFFICE. 1 94-230 2 3 councilmembers 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 13 AYES NAYS ABSTAIN x y X X X X X ABSENT ~y (!~~~ Clerk 14 The foregoing resolution is hereby approved this 4th August , 1994. day of 15 16 ~)1~ , Tom Minor, Mayor City of San Bernardino 17 18 Approved as to form and legal content: 19 JAMES F. PENMAN 20 City Attorney 21 By: 22 23 24 25 26 27 28 -2- 94-230 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND KAY & STEVENS CITY OF SAN BERNARDINO, referred to as CITY, and KAY & STEVENS, a partnership, located at 490 California Avenue, Suite 400, Palo Alto, California 94306, referred to as SPECIAL COUNSEL, mutually agree as follows: I. BASIS OF AGREEMENT This agreement, effective June 15, 1994, is entered into by and between KAY & STEVENS, and CITY OF SAN BERNARDINO, SPECIAL COUNSEL has the required background, experience, and expertise to perform the work to be done and has agreed to do so in accordance with the terms and conditions of this agreement. II, SCOPE OF THE WORK SPECIAL COUNSEL shall provide legal services as requested by the CITY, including an investigation of allegations of sexual harassment in the San Bernardino City Attorney's Office, At the conclusion of the investigation, SPECIAL COUNSEL shall provide the CITY with a written report of the results of that investigation, SPECIAL COUNSEL'S report will include legal reconunendations, conclusions and strategy considerations, as well as an assessment of the CITY'S position with respect to potential liability and/or litigation, -1- Exhibit "A" 94-230 III. PAYMENT The CITY shall pay SPECIAL COUNSEL an amount not to exceed twenty thousand dollars ($20,000,00) for the services described above, and including reimbursement for reasonable and necessary costs and expenses incurred in the course of performing the services identified above, including, but not limited to, travel, document preparation, document duplication, computer research, lodging, and meals, CITY shall pay SPECIAL COUNSEL for legal services at the rates specified in the attached Public Agency Fee Schedule, CITY acknowledges that the scope of work may eventually require services in excess of twenty thousand dollars ($20,000,00); but SPECIAL COUNSEL agrees that services will not be provided, nor will expenses be incurred, beyond the twenty thousand dollars ($20,000,00) limit specified above without the CITY'S express, written authorization, The CITY'S payments shall be made at the end of each month upon receipt of SPECIAL COUNSEL'S itemized invoices indicating the number of hours of service provided to the CITY and expenses incurred during the period for which a claim for payment is being made, IV, nNDEPENDENTCONTRACTOR While performing services under this Agreement, SPECIAL COUNSEL is an independent contractor and not an officer, agent or employee of the CITY. 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 the CITY as their interest may appear. -2- Exhibit "A" 94-230 ' VI, . HOLD HARMLESS AND INDEMNIFICATION SPECIAL COUNSEL shall hold harmless 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 under this Agreement. except such actions, suits or other proceedings as may arise as a result of the negligence or willful misconduct of the CITY, its officers, agents and employees, CITY shall hold harmless and indemnify SPECIAL COUNSEL, 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 under this Agreement. except such actions, suits or other proceedings as may arise as a result of the negligence or willful misconduct of SPECIAL COUNSEL, its officers, agents or employees, VII. This agreement is effective June IS, 1994, is ongoing and may be modified by mutual agreement of the parties, This agreement may be terminated by either party upon 30 days written notice, KAY & STEVENS CITY OF SAN BERNARDINO By1/]. fcuJ ~ 9,r/1-9f ~Ji;4~ Datetl Datetl ""cp 1 1\ 19~A .;t:- .-" ATTEST: R~ CL.-'-L CITY CLERK -3- Exhibit "A" ,I 94-230 FEES AND CLIENT CONTRACTS - PUBLIC AGENCIES (Hourly Rates) Partners Associates Employee Relations Specialist Senior Paralegal Paralegals $165,00 - 185,00 $145,00 - 155,00 $100,00 $70,00 $50,00 -4- Exhibit "A"