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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