HomeMy WebLinkAboutC-1343 - Services for oil litigation (Kadane)I :
PURCHASE ORDER No: 5306
OF NEWPORT BFH INVOICE IN DUPLICATE
.C& THIS ORDER MUMMER HURT"
_ APPEAR -'ON ALL IMOICES, _SHIP-
;BOU
3300 NEWPORT - LEVARD - _ PING NOTICES,' SILLS - or LAD-
. - INS, EXPRESS RECEIPTS AND
NEWPORT BEACH, CALIFORNIA 92¢60 PACEANES. _ --
PHONE: (714) 673 -2110 DECrvERT TICKETS SMALL IN.
CLUDE UNIT PRICE. .
VENDOR SHIP TO
(SAME UNLESS OTHERWISE NOTED)
Ricft&n4 Watson i Hemmerling, Attorn"s
615 S. Flower St.
Los Angeles, Calif. 94017
DATE March 16, 1971
DEPT City Council
QUANTITY
DESCRIPTION OF ARTICLES OR SERVICES REQUIRED _
UNITzRi�E...
TOTAL
1 services in connection with lawsuit filed by The City
;s
Ne port Beach against Edward C Kadane, at al. or
rt Cast No. 176551.)
As per hourly rate curtained in contract.
10,000.00
i
-
ontract No. C -1343
Resolution No. 7384
FOR CITY
USE ONLY
'IMPORTANT
....
coca
AMOUNT
CITY OF NEWPORT BEACH
1416
q� M
10,0000.00
The A IcI C.*md by this Purchase Order or Contract mueF
- -
\
form wdh the Safety Orders of the State of California, Division
-
of Industrial. Safety.
-
` '.
Show as a separate item any retail sales tax, use tax or Federal
- -
tAx applicable to this purchaee.�
This order subject to California anion tax.
- - D. W. MEANS
All allowable tranaa,,tation charges must be prepaid and shmm as
a separate item on the inwice. Do not include Federal 3mnsporla-
PURCHASING AGENT
lion to..
DEPARTMENT COP(
I
•
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. r_iaua
Description of Contract TaRal r.uiroe 4n 0WA,Qt4QA 4d-%h 30i8jt
filed by the City of Newport Beach against Edward G. Kadane, et al
Superior cotmt Case No. 176555
Authorized by Resolution ,o. 73AU , adopted on
3-3 7l
Effective date of Contract Match 1Q, 1971
Amount of Contract P-Imly rare- - coo ..Page ') of contract
&,eA4�� zaa::4�.
City Clerk
Log , v,Pi� � i �✓ �
CITE CLERK
March 11, 1971
1UI.I,Y SEYMOUR, CITY ATMMEY
LAURA LAGIOS, CITY CLERK
AG EDM WM RICFiAM, WA7SM 8 iH?4£RLIN09 ATMRM
Enclosed are two signed copies of the Agreement between
the City and Richards, Watson t Heemerling, Attomeys,
in connection With oil litigation for transmittal to the
"Attorneys."
Laura Lagios
City Cleric
LL:ewk
am.
/ f j
0
AGREEMENT
(Legal Services)
J�2
3
4 THIS AGREEMENT, made and entered into this 10 TH day of
6
1971, between the CITY OF NEWPORT BEACH, a
6 municipal corporation, hereinafter referred to as "City", and
7 RICHARDS, WATSON & HEMMERLING, a co-partnership, hereinafter re-
8 ferred to as "Attorneysill.
9 R E C I T A L S
10 The City of Newport Beach has filed a lawsuit in the
11 Superior Court of Orange County, entitled "City of Newport Beach vs
12 Edward G. Kadane, et al., Superior Court Case No. 176555", for the
13 purpose of enforcing certain regulations contained in the Charter
14 of said City relating to oil wells.
15 The City Council has determined that Attorneys are well
16 qualified to perform said services, and it is the desire of the
17 Council to retain Attorneys to represent the City in said litigatiol
18 in accordance with the following terms and conditions.
19 NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties
20 as follows:
21 1. The CITY OF NEWPORT BEACH hereby retains and employs
22 the law firm of RICHARDS, WATSON & HEMMERLING to represent City in
23 prosecuting the above referenced lawsuit for declaratory relief and
24 for a permanent injunction; Attorneys agree to perform all legal
25 services in connection with said lawsuit.
26 1 2. Attorneys agree to coordinate their activities with
27 the City Attorney, to keep the City Attorney and the City Council
28 fully informed of all developments in said lawsuit, and to furnish
29 the City Attorney with copies of all correspondence, pleadings,
30 interrogatories, depositions and other documents relat!Ag.to said
31 lawsuit.
32
2L
3. Attorneys agree that any decision as to settlement ofl
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the litigation, or any decision as to appeal from the judgment of
the trial court in which the action is first tried, shall be
subject to review and approval by the City Council.
4. Attorneys agree to assign as supervising partner
Mr. Glenn R. Watson of the firm, and further agree that Mr. Watson
will act as Chief Trial Counsel.
5. City agrees to compensate Attorneys at the following
hourly rates for all time expended by them on behalf of the City:
$35 ................ Associates
$50 ................ Junior Partners
$75 ................ Senior Partners
Attorneys agree to furnish City with monthly itemized
billings, showing in detail the nature of the services performed
and all costs and disbursements charged to City. The above hourly
rates shall include all office overhead and all secretarial and
clerical work.
6.` City agrees to pay all necessary costs and expenses
incidental to'the preparation for and trial of said lawsuit,
including filing fees, costs of copying documents, costs of pre -
paring transcripts, reporters' fees, consultants' and expert
witnesses' fees.
City agrees to pay mileage fees at the rate of 8)&-
per mile for automobile travel necessarily incurred by Attorneys
in traveling to and from Newport Beach or other points in Orange
County.
7.
City reserves
the
right
to terminate
this Agreement
at any time.
In the event
that
City
exercises its
right of
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THS:mh
2/26/71
Ah
termination it shall iab a Attorneys only for services
, 1 le �.P Y Y Y
and expenses incurred prior receipt of notice of terminatior.
by Attorneys.
IN WITNESS WHEREOF, the parties hereto have executed
this,Agreement on the date'-'first above written.
APPROVED AS TO FORM:
—Ld
City A6torneY4
CITY OF NEWPORT BEACH
By: e7 �
Mayor
irerY�
City Clerk
RICHARDS, WATSON & HEMMERLING
By
By
-3-
saLCr: 7384
A RMOVEM OF THE 'Y Ct :IL (V "M CITY
Of UPIPORT SRA= MMORIZING 8.m4dttTTIiBII
x�m rj.cmj ns , VA"Im AND HubwammIG, FOR, a
AM
SCR IN CQWBMOR N7r" Mr, LITIGATI�'
WHBELWX, there h",*ean presented to the City Cte=Vil
Of the City of Newport Beat a certain agreement between the
City Of Newport Beach and the law fires of Ridharft, Watson and
Remmerling for legal services in cogn6ation with piNneecutiote_:bf
complaint for declaratory relief filed by the City in Orange
County Superior Court, Case No. 1765551 ant!
'9 MRMS , the City Council has considered they terms
and conditions of said agreement and fownd theme to be fair aft
equitable)
NM@ THZPJ+'ORB, BS IT RMOLVXD that said agreement
for the legal services above described is moved, and the
Kayor and City Clerk are hereby authorized and directed to , .
execute the smut on behalf of the City of Newport Beachi
ADOPTED this Sth day of _ March 1571.
buwor
ATTSSTa
City Clark
��adw