Loading...
HomeMy WebLinkAboutRes1993-018 . . . Sponsored by: Mayor & Council CITY OF SEWARD, ALASKA RESOLUTION NO. 93-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER AND THE MAYOR TO NEGOTIATE A CONTRACT FOR LEGAL SERVICES WHEREAS, the city solicited proposals from firms and individuals interested in providing legal services to the city of Seward; and WHEREAS, twenty-one proposals were received as a result of the city's request for proposals; and WHEREAS, during a publicly noticed and convened work session, the City Council reviewed the proposals received and determined to interview three of the proposers; and WHEREAS, the three proposers selected by the Council were interviewed in public session on Friday, January 22, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager and the Mayor are hereby authorized to negotiate a professional services agreement with Wohlforth, Argetsinger, Johnson and Brecht to provide legal services to the city of Seward. Section 2. The professional services agreement shall be approved by resolution of the City Council at a regular or special meeting called for the purpose of approving said agreement. 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 8th day of February, 1993. THE CITY OF SEWARD, ALASKA ~~.Cj~ Dave W. Crane, Mayor . . . LEGAL SERVICES AGREEMENT THIS AGREEMENT dated and effective February 23, 1993, is made between the CITY OF SEWARD (the "City") and the law firm of WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT (the "Law Firm"). 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. 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 under a budget line item are not to exceed the budgeted amount without the required appropriations by the City Council. 2. SCOPE OF SERVICES. The Law Firm shall act as city attorney of the City, shall represent the City in all civil and criminal proceedings except those matters which may be assigned by the City to other counsel, and shall act as legal advisor to and be attorney and counsel for the City Council and City Manager in all matters of law affecting the City. Except on an emergency basis (~, responding to litigation seeking emergency relief), the Law Firm is not to provide or bill for any legal services without first obtaining the approval of the City. Such approval may be provided by the City Manager up to the limits established by the City Code, but shall also, where appropriate, consist of specific City Council authorization when an additional appropriation is required. Where possible, categories of legal services shall be identified annually in the budget process and included in the City legal services 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 matter which shall be submitted by the City Manager to the Council for approval. The 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. CITY OF SEWARD / LEGAL SERVICES AGREEMENT AGGOO49A PAGE 1 . . . 3. FEES FOR SERVICES. Services provided under this agreement will be based on hourly rates for the various members of the Law Firm as set forth in the rate schedule attached as Exhibit A. The rates set forth in Exhibit A shall be subject to renegotiation between the City and the Law Firm no more frequently than once every two years. There will be no charge for responding to telephone calls from the Mayor, Council members or senior administrators of the City seeking basic legal information concerning their functions and responsibilities, where the response requires minimal research effort. There will be no charge for travel time, as such; work actually performed for the City while traveling will be billed at the applicable hourly rate. 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 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. A narrative description 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 interest of the City to utilize the attorney work product doctrine to protect the legal interest 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. CITY OF SEWARD / LEGAL SERVICES AGREEMENT AGGOO49A PAGE 2 . . . 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. The above provisions do not apply to any services of the Law Firm as the City's bond counsel. Fees for bond counsel services will be negotiated separately for each bond financing transaction where the Law Firm is engaged as bond counsel. 4. RESPONSIBLE OR LEAD ATTORNEY. For purposes of the City Charter and other requirements, Thomas F. Klinkner 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 Council. CITY OF SEWARD / LEGAL SERVICES AGREEMENT AGG0049A PAGE 3 . . . 7. TERM OF AGREEMENT. This agreement will take effect on February 23, 1993, 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 WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT By ~f~ City CITY OF SEWARD By ~P-~~- ~~ ~"'4{( -r J Its A TIEST: CITY OF SEWARD / LEGAL SERVICES AGREEMENT AGGOO49A PAGE 4 . . . . EXHIBIT A WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT BILLING RATES Partners Senior Associates Associates Paralegals CITY OF SEWARD / LEGAL SERVICES AGREEMENT AGGOO49A $150 $130 $115 $ 65 PAGE 5 . . . EXHIBIT B CITY OF SEWARD LEGAL EXPL'lllTURlS For PlIcal Year Endlnl June 30, 1993 Subject MIihe!' BIIIIl ml I...... m2 IlIbJed .. ~ ...... Yr MatIIr ~ . 0.0' 016.,. 4401 ToCal MarIJIi'. , I 16-Peb-93 Puc t . . . CITY OF SEWARD LEGAL EXPENDITL"RES For Fiscal Year Endi'lg June 30,1993 S.bject Billa Y.T.1) Mauer To De A.~tual rNo. Subject Mutler ~roY'd: (t lil,nl!'!l., ,-I. ! >---- I ...-_1 L ! ElecCri~ FUlld; I --1 ~~l i O~ Howard.So. I... .' ! f---- 0 I ;..J.Qq2 , ~ Cor.~~tom. !rll;. v. I I l--- . 150031 Oecrxc Howmti.Sc. 2 ',. 19~"r , SOC4 . Ocncra1 I ' Ci t:'na1locate41ellsl bUi.tllCl '.... : ..; . Tlllal ElectrIc F1md .II l. jWau.rfsewerfUJId:.... .. ~ I 700~-cn(\l21 """ n_-----l i ! L-~lOCated 1~ budJ!et I I . ' I TOWl Water/Sewer Fund. I B"dI.c "'01' B t Subject 19;),.._.. o TOTAL 514,434 sno~qz UJ4~~ S6.Y.8:41 ~ LEGAL RECOVElUHS r~2T A8:i.ll~~_Q,1!IU1lCIOrs. el at v. : I I i SeIIWBY ExPI'CSS BankT.1!ll\CY. ._ fY91 Blldl~L_ FY':' 'Jt or Prior Yr BudKet nalallCf I -~..~ l SJ6~ I SlIbJecl Matter Totals $i6~ I Annul' ~I"~ TOTAL ~J. so SZ6.8$l ~~~ 16-F.b-93 Pal': 2 . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-018 AYES: NOES: ABSENT: ABSTAIN: A TIEST: Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz & White None None None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska V(J::-\..~U \...c'-. _ ~ -~ c.':!--..i~~~ t.c~Linda S. Murphy, CMC/AAE City Clerk ~/V~ Fre B. Arvidson City Attorney . . (City Seal)