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HomeMy WebLinkAbout10/05/78 AGENDA RECESSED MEETING WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, OCTOBER 5, 1978 11:30 A.M. Call meeting to order. Roll Call - Board Members: Rogers, Chairman; Barton, Ratty, Bergen Hoagland 1. Approve minutes of regular meeting of October 4, 1978. 2. Scheduled Public Statements.- 3. ~Agreement between the City of Bakersfield and Hatch and Parent, a professional law corporation to retain their services, as .'special counsel. - BOARD TO APPROVE AND AUTHORIZE CHAI~4AN TO SIGN. 4. Staff Comments 5. Board Comments 6. Adjournment CITY MA~ ~'~ ! ~1 WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, OCTOBER 4, ~978 The meeting was called to order at 4:00 P.~. b~ in the City Hall Caucus Room. The secretary called the ~oll as follows: Present: Rogers, Ratty, Bergen, Hoagland kbsent: Barton Staff Present: chafin, Ho'stmYer,. Oberholzer The minutes from the regular meeting of August 30, 1978, were approved as presented. An Agreement between the City of Bakersfield and Hatch and Parent, a professional law corporation to retain their services, as special counsel was presented to the board for consideration. A brief discussion followed in which board members questioned portions of the agreement. Mr. Hoagland suggested that these questions be discussed with Mr. Hatch and Mr. Stetson upon their arrival Thursday, October 5, 1978. Board Comments t' Chairman Rogers asked whether or not the statements had been I mailed out in.the billings to the Ashe Water customers? Mr. ' Hoagland stated that he had ~approved the statements for mailing. At this time Mr. Bergen made a motion that the board be recessed at 4:20 P.M., until Thursday', October 5, 1978, at 11:30 A.M. for the purpose of acting upon the Agreement between the City of Bakersfield and Hatch and Parent. Donald A. Rogers~;Aq~hairman City of Bakersfiel~Water Board -~ifida Hostm~er, Se~retary City of Bakersfield Water Board AGREEN~NT This Agreement made this day of ' ' 1978, .by and between the CiTY OF BAKERSFIELD, a political subdivision of the State of California, hereinafter referred to as "Bakersfield", and HATCH AND PARENT, a professional corporation of the State of California, whose professional employees are duly qualified and licensed to practice law in the State Of California, hereinafter referred to as "Attorney". Bakersfield, under and by virtue of the authority vested in it by law, hereby retains, the _services of attorney,, as ~_~ special counsel, to perform the professional services hereinafter outlined. Attorney agrees to provide the professional services specified herein by its attorney-employees to Bakersfield from October 1, 1978 to June 30, 1979, both dates inclusive, for a con- sideration to be paid by Bakersfield to Attorney in the form of a minimum retainer of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per month, payable on the first day of each and every month, com- mencing october 1, 1978. Attorney shall not be required to spend in excess of twenty (20) hours per month during the term of this Agreement in HATCH AND PAR~T A PROFESSIONAL 1 rendering the basic services compensated by the retainer. Any time in excess of said hourlY limitations shal'l be billed by attorney and paid by Bakersfield at the rate of' SEVENTY-FIVE DOLLARS ($75.00) per hour for senior attorneys, SEVENTY DOLLARS ($70.00) per hour for member attorneys and SIXTY- FIVE DOLLARS ($65.00) per hour for associate attorneys of the firm; provided, however, that any such excess time shall first be reduced~ by the difference between the number, if any, of hours actually spent and twenty (20) 'hours in any Prior month during the current fiscal year in which less than twenty (20) hours were spent in rendering the professional services provided for herein. The services hereinabove referred to are '~enerally described as legal~ services to advise, or represent Bakersfield in matters relating to water and water .rights and any other matter directed by Bakersfield and its authorized agents or employees which pertain to legal matters affecting Bakersfield. Such legal services shall not include (a) any matters dealing with the issuance of bond's; and (b) any matter involving a conflict of interest. Attorney hereby agrees to represent and advise Bakersfield in said matters and to diligently perform all things necessary in the proper representation of Bakersfield to the best of its ability. Attorney, a California professional corporation, in providing its professional services by its attorney-employees to HATCH AND PAR~T A PROFESSIONAL CORPORATION ~ BANTA BARBARA, ~ --2'-- its clients, reserves the right to select the attorney to perform the services~in the best interests of its clients. Bakersfield agrees to reimburse attorney for all actual and necessary expenses, including transportation, travel subsistence, photocopy costs and long-distance telephone charges incurred by it in connection with the rendering~of the services hereunder. Travel expense by personal automobile shall be paid ~at the rate of TWENTY CENTS ($.20) per mile. Travel expense by air shall be the actual out-of-pocket cost for such travel. Expenses provided for in this paragraph shall be paid upon itemized billing filed wi~h the City Manager of Bakersfield. This Agreement will renew itself from year to year, unless either party notifies the other in writing prior to June 1 of each year of its modification or termination. In the event of any modification agreed .upon by the parties, it shall continue as modified. IN WITNESS WHEREOF, the part~ies hereto have executed this Agreement on the day and year first above written. HATCH AND PARENT a Professional Corporation By STANLEY C. HATCH, President CITY OF BAKERSFIELD HATCH AND -3-