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HomeMy WebLinkAbout25H - CIT COM. INC. 1a CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: January 3, 2006 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For LEGAL SERVICES AGREEMENT WITH BANNAN, GREEN,FRANK & TERZIAN \~ rwJv Tv ~ 4 CITY MANAGER R}:COMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a legal services agreement with the litigation law firm Bannan, Green, Frank & Terzian. DISCUSSION While the City Attorney's Office provides the vast majority of its legal services and representation though staff counsel, from time to time it is necessary to contract for services through outside counsel. Those situations usually arise in complex litigating matters that require particular expertise or focused resources. The law firm of Bannan, Green, Frank & Terzian has a proven track record of representing public agencies in complex and high visibility litigation, including public employment. Mr. Richard Terzian & Ms. Kristin A. Pelletier of the firm will be the initial firm principles assigned. Mr. Terzian successfully represented the City in the late 1990's in a redevelopment-related lawsuit. The City Attorney will have approval rights over all other firm attorneys working on any assigned matter. The City Attorney initially proposes to assign a newly-filed employment matter to the firm. The firm will apply a flat billing rate of $265.00 per hour for all attorneys assigned matters by the City Attorney. As with all other litigation matters, the City Attorney will regularly confer with the City Legal Service Agreement Bannan, Green . January 3, 2006 Page 2 Council on case management and any fee increases will be subject to City Council approval. FISCAL IMPACT Funds are available in the Risk Management Liability Fund (account no. 80- 180-6291) . APPROVED AS TO FUNDS AND ACCOUNTS: ~ e ~^-' ~rancisco Gutierrez tl .. ~ Executive Director Finance & Management Services Agency . a Enrique Al va ~'Executive Director Personnel Services