HomeMy WebLinkAboutRes1991-155
.
.
.
Sponsored by: Arvidson
CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A CONTRACT FOR LEGAL SERVICES
WHEREAS, the City Attorney is one of the tree persons directly
supervised by the City Council; and
WHEREAS, the city has need of professional legal services in
a wide variety of settings including employment relations,
contracting, real property transactions, ordinance and resolution
drafting, environmental and financial matters, as well as more
generalized services to the city; and
WHEREAS, it is in the public interest to engage the services
of a law firm with the required areas of expertise and experience
in municipal law issues; and
WHEREAS, the increasing budgetary restraints
governments in Alaska mandate careful management of the
of legal services to the city; and
on local
provision
WHEREAS, the city has retained the services of a nationally
recognized accounting firm to review the city's acquisition and
management of legal services; and
WHEREAS, the City Council has determined to adopt many of the
recommendations made by that firm; and
WHEREAS, the City Council and City Attorney have engaged in
extensive discussion of those recommendations along with active
participation by city administrative officials; and
WHEREAS, the parties have reached agreement for the provision
of legal services commencing on January 1, 1992;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The legal services agreement attached hereto as
Exhibit A is hereby APPROVED.
Section 3. This resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 9th day of December, 1991.
-1-
.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-155
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
L '/'(L
,[ 6~U: IIJ t" /1tt~
Donald W. Cripps, yor
Crane, Cripps, Krasnansky, Swartz, White
None
Burgess, Dunham
None
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
.
.
(City Seal)
7~N~
Fred B. Arvidson
City Attorney
-2-
.
.
.
LEGAL SERVICES AGREEMENT
THIS AGREEMENT dated 2D~/~
effective January 1, 1992, is made between
and the law firm of Perkins Coie.
, 199' , and
..,...,-
the c~ty of Seward
1. Legal Services to be provided. The Law Firm agrees
to serve as the city attorney and to provide, on request,
legal advice and services as necessary to the city Council and
city administration. Legal services to be provided are
categorized in two ways: general services and special
matters. For purposes of budgetary controls and financial
planning, the provision of legal services under this agreement
will be considered a city departmental function with the
normal budgetary restraints.
For each annual budget cycle, and as required during
the fiscal year, the city attorney shall prepare, with the
approval of the city manager, a budget for services for the
fiscal year. The city manager shall be responsible for
overall budget compliance in the same manner as other city
departments. Billings by the Law Firm for general services
are not to exceed the budgeted amount without the required
appropriations by the city Council.
2. General services. The category of general services
is intended to include routine and normal services such as
agenda, resolution and ordinance review and drafting, oral and
written advice to the city Council and city administration on
questions asked or advice sought, and attendance at regular
Council meetings.
3. special matters. Special matters are those legal
services and projects or litigation that are beyond the scope
of the general services. They include unbudgeted litigation
matters, special projects such as capital projects, and other
matters as agreed between the city and the Law Firm from time
to time.
Except on an emergency basis (~, responding to
litigation seeking emergency relief), the Law Firm is not to
provide or bill for any special matters without first
obtaining the approval of the City. Such approval may be
provided by the city manager up to the limits established by
city code, but shall also, where appropriate, consist of
IAA91 324Q,OIO)
12/19/91
.
.
.
(
specific City council authorization when an additional
appropriation for a special matters is required. Billings by
the Law Firm for special matters are not to exceed approved or
budgeted amounts.
Where possible, special matters shall be identified
annually in the budget process and included in the City legal
serv~ces budget. When that is not possible (~, when the
city is the subject of litigation commenced after the
beginning of the fiscal year), the city manager shall request
the city attorney to prepare an outline form budget for a
special matter which shall be submitted by the city manager to
the Council for approval.
city administration will provide the Council with
regular financial information at least quarterly showing the
actual expenses year to date, a comparison to the budgeted
amounts, and such other information as the council may request
in order to monitor both the extent and expense of legal
services.
4. Fees for services. services provided under this
agreement will be based on hourly rates for the various
members of the Law Firm. The rates will be established no
more than once each year and the rate schedule for FY 92 is
attached as Exhibit A. The rates reflect discounts from
standard billing rates of the Law Firm. Travel costs shall be
charged at one-half the discount rate for the individual
involved. Direct out-of-pocket expenses shall be charged at
actual costs.
Law Firm billings will be separated into matters
that reflect the city's accounting codes and accounts. The
city will provide a list of such accounting codes as required
by the Law Firm. The initial and agreed upon list is attached
as Exhibit B. The Law Firm will not bill for any special
services aside from those listed without first obtaining
approval from the City. That approval will be reflected on
forms developed by the Law Firm and city administration and
may, where appropriate, include estimated project budgets and
other information.
Itemized monthly billing information shall include
all of the following items:
The date the service was rendered.
The individual who performed the service.
The time spent performing the service.
[AA913240,OIO]
-2-
12/19/91
~
.
.
A narrative desoription of the service.
The hourly rate of the individual who performed the
service.
An extension of the above items showing the cost
(rate multiplied by the time) for the specific service.
In addition, the Law Firm will provide a one-page
summary sheet each month showing by project account code
(using city account codes) the various projects and cost of
each. This summary will be provided for information to the
Council each month.
The Law Firm will not bill for regular incidental
charges such as telephone, copy, or facsimile. The Law Firm
will not bill for extraordinary expenses (such as a major
copying project) without prior approval from the city manager.
In order to preserve the attorney-client privilege, or where
it would be in the best interests of the city to utilize the
attorney work product doctrine to protect the legal interests
of the city, the Law Firm may include charges and costs for
experts or others who work on behalf of the City but only upon
prior approval and consent of the city. Billings for those
services will be separately itemized and the Law Firm will not
charge any mark-up or administrative fees for administering
those projects.
The Law Firm will send the City itemized bills on a
monthly basis and payment is due within thirty (30) days of
receipt of the billing. Interest at the rate of 10.5% per
year will accrue on unpaid invoices after sixty (60) days.
The Law Firm will cooperate and assist the city's auditors in
review and analysis of the City's legal services costs,
including those incurred by outside counsel.
5. Responsible or lead attorney. For purposes of the
city Charter and other requirements, Fred B. Arvidson will be
the designated city attorney. He may, in his discretion,
assign city matters to other attorneys or legal assistants in
the Law Firm for handling work under his supervision.
6. Monthly reports. The Law Firm will provide the
Council, at least monthly, a written report on all legal
matters and issues involving the city. The Law Firm will be
responsible for obtaining information on matters handled by
outside counsel (such as insurance company appointed counsel)
and will coordinate the annual audit letter preparation for
the city. The monthly reports are to be considered subject to
the attorney-client privilege unless that privilege is waived
by the Counc i 1.
[AA913240,OI0)
-3-
12/19/91
.
7. Term of Agreement. This agreement will take effect
on January 1, 1992, and shall continue from year to year until
terminated by either party. The city may terminate this
agreement at any time and for any reason. The Law Firm may
not terminate this agreement without first giving ninety (90)
days' written notice to the City.
LAW FIRM
PERKINS COlE
By 7-< hI~
Fred B. Arvidson
CITY
CITY OF SEWARD
B~~
ts ~ _
. :
. < ' rph,
/ Of SEI_~-,
.' <~"., 'P(f"~"1 ':.-
0' "(\.,~.,,, ~,,~,,;P ~
'~ ~.a ,-
:' '" __.. () -, 'B
\-
SEAL }.~
. ......... : f.
\, "(,, ",.: ~
\J1" ". .~E' 1, ~~~ ..' t-.I'
#f,.~ OF"~\.~~/'
. .~
,;'
.
.
lAA913240,010]
-4-
12/19/91
.
EXHIBIT A
perkins Coie Anohorage Offioe
1991-1992 Billing Rates - Attorneys and Legal Assistants
SEWARD
ATTORNEY I STANDARD DISCOUNT
LEGAL ASSISTANT RATE RATE
Fred Arvidson 204 175
victoria Barcott 99 90
Bill Bennett 229 208
Bruce Bookman 229 208
Kevin Clarkson 187 170
Krissell Crandall 127 115
carolyn Crosley 116 105
Thomas Daniel 229 208
Carol Giles 149 135
Richard Johannsen 220 200
. David Jones 198 180
David Knapp 198 180
Michael Kreger 202 184
James Leik 226 205
Clark Nichols 231 210
Gordon Tans 204 185
George Trefry 229 208
JoAnne Yerkes 116 105
Special Assistant 66 60
(3086)
Travel rate will be billed at one-half the discount rate for
the individual involved.
.
EXHIBIT A
[AA912880,OO5]
12/10/91