HomeMy WebLinkAboutRes2009-094Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE LEGAL SERVICES AGREEMENT
BETWEEN THE CITY OF SEWARD AND THE LAW FIRM
WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE AND BROOKING
WHEREAS, the City's law firm has been providing legal services to the City of Seward
since February 23, 1993; and
WHEREAS, the hourly legal fees have increased only once since the original attorney
contract was negotiated in 1993; and
WHEREAS, the amendment before Council for approval represents a change in hourly
fee for shareholders and senior associates to $195 per hour; and
WHEREAS, the contract contemplates a year to year renewal of the contract until such
time as the City terminates the contract for any reason, or the law firm terminates the contract
with ninety days' written notice.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEWARD, ALASKA, that:
Section 1. The City Council of the City of Seward hereby authorizes the city manager to
enter into Amendment #1 to the Amended and Restated Legal Services Agreement attached
hereto.
Section 2. This resolution shall take effect January 1, 2010.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
28`}' day of September, 2009.
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION 2009-094
AYES: Valdatta, Dunham, Smith, Corbridge
NOES: Keil,
ABSENT: Bardarson
ABSTAIN: None
VACANT: One
ATTEST:
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Council Agenda Statement
Meeting Date: September 28, 2009
From: City Manager Phillip Oates
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Agenda Item: Recommending Approval of Resolution 2009-094 Amending the Contract
with the City Attorney
BACKGROUND & JUSTIFICATION:
The law firm of Wohlforth, Johnson, Brecht, Cartledge and Brooking has been providing quality
legal services to the City since 1993. Since that time their rates have increased only once. The
amendment presented at this meeting reflects an increase in the legal fees, which continues to be
substantially below prevailing rates for legal services in Alaska.
The administration periodically assesses whether it remains prudent to contract out the legal
needs of the City, as opposed to hiring staff in-house to provide legal services. We continue to
believe that the outsourcing of legal services provides a broad range of legal expertise, which
would not otherwise be available by hiring a single individual. The law firm has numerous
experts available to address specific municipal issues (land use, capital financing, personnel,
contracts, etc.).
No other changes in the City Attorney contract are proposed at this time. The City Attorney will
continue not charging for time spent traveling to and from Seward for one meeting each month,
or 12 visits per year.
ATTORNEY REVIEW: Yes
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward city Code, charter, Comprehensive
Plans, Land Use Plans, Strategic Plan and city Council Rules of Procedures.
FISCAL NOTE:
The change in fees from $175 to $195 per hour will be incorporated in the upcoming budget to be
presented to council. In 2008, the actual legal fees of the City's funds (excluding electric fund,
which hires other legal experts), was $172,350. Based on the hourly cost increase, the approximate
additional annual cost to the City is $19,647. It is unlikely the City would be able to fund a staff
person, and provide an office and access to law library resources, for a lower cost.
RECOMMENDATION:
Council approve Resolution 2009-094 authorizing the city Manager to enter into an amendment to
the contract with the City Attorney.
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