2012 2:00:00 PM

Monday, January 9, 2012 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV 89431

General Business: 6.13

Title: Consideration and Possible Final Approval of a Settlement for Attorney’s Fees.

Petitioner/Presenter: Chet Adams/Chet Adams

Recommendation: That the City Council authorize the payment of attorney’s fees in the amount of $5,001.00 to Ms. Gemma Waldron, Esq. for professional services rendered on behalf of her client’s claim against the City.

Financial Impact: An expenditure of $5,001.00 will be necessary if the City Council approves the attorney's fees incurred by Ms. Waldron.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: Possible final resolution of a claim presented to the City by Ms. Gemma Greene Waldron, Esq. on behalf of her client.

Background: The City received a claim from Ms. Gemma Greene Waldron, Esq. on behalf of her client. The City’s Risk Management Committee evaluated the claim and authorized the City Attorney to negotiate the claim with Ms. Waldron. Pursuant to the negotiations, and upon the recommendation of the City Attorney, the City Manager authorized the settlement of the claim for $24,999 which the City Council has previously authorized the City Manager to offer. Ms. Waldron has incurred an additional five thousand and one dollars ($5,001.00) as attorney’s fees for her efforts in resolving her client’s claim; bringing the total amount of the claim to thirty thousand dollars ($30,000) which is five thousand dollars above the City Manager’s settlement authority. The City Council is being asked to authorize the expenditure of $5,001 to compensate Ms. Waldron for her attorney’s fees.

Analysis: Ms. Gemma Waldron has spent a considerable amount of time and effort preparing for, negotiating and working with her client and the City to bring about a fair and equitable resolution of a matter without costly and time consuming litigation. Ms. Waldron’s charges are customary and appropriate for attorneys in this region and appear reasonable.

Alternatives: The City Council could accept or deny the payment of attorney’s fees based upon information it receives from the City Attorney during the attorney client session.

Recommended Motion: Approval of Settlement: If the City Council decides to approve the settlement offer, the motion should state: Based upon the advice provided by the city’s attorney, I move to approve the settlement of all claims for attorney’s fees and costs presented by Ms. Gemma Greene Waldron, Esq. for a total amount of $5,001. Rejection of Settlement: Alternatively, the City Council can reject the proposed settlement. If the City Council decides to reject it, the motion should state: I move to reject the attorney’s fees requested by Ms. Gemma Greene Waldron, Esq. for the professional services she provided on behalf of her client in resolving a claim made against the City.

Attached Files:

nichols_settlement_agreement.PDF

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