CITY OF HOMER

HOMER, ALASKA

City Manager

RESOLUTION 02-78

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA RENEWING THE LEGAL SERVICES AGREEMENT WITH PERKINS COIE FOR THE TERM OF JANUARY 1 THROUGH DECEMBER 31, 2003 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.

WHEREAS, Perkins Coie has been the City’s Attorney since 1989, selected and hired by the City Council and, therefore, has a lot of corporate history with the City of Homer; and

WHEREAS, The City Council adopted Resolution 02-53(S) on August 26, 2002, which extended the 2001/2002 Legal Services Agreement from September 1 to December 31, 2002 to facilitate incorporating this agreement better into the City of Homer’s calendar year budget process, with the notation that during the last meeting of calendar year 2002 and/or in conjunction with the budget process a contract extension will be submitted for approval by the Council to run concurrent with the calendar year; and

WHEREAS, Perkins Coie requests a 10% increase in the monthly fee from $6,960.00 to $7,650.00 and an increase in the hourly rate for Gordon Tans from $160 to $175.00 per hour; and

WHEREAS, The number of budgeted hours remains at 45 hours per month as does the six free trips to Homer for Gordon Tans to attend meetings.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska hereby renews the Legal Services Agreement with Perkins Coie for the term of January 1 - December 31, 2003, and authorizes the Mayor to execute the agreement as follows:

1. Legal Services to be provided. The Law Firm agrees to serve as the city attorney for the City, providing on request legal advise as necessary to the city council and city administration, providing contract review and drafting, agenda review and drafting, ordinance and resolution review and drafting, and to represent the City in civil and criminal matters, not including litigation and those matters which may be handled by the Law Firm under separate legal services agreement or assigned to independent counsel.

2. Legal Fees. For the services described in paragraph 1 of this Agreement and based on a budget of 45 hours of legal services per month, the City agrees to pay the Law Firm a monthly fee of $6,960.00 $7,650.00. The Law Firm will send the City itemized bills on a monthly basis, and payment is due within thirty days of the date of billing. Interest at the rate of 10.5% per year shall accrue on any over-due balance.

3. Cost and Expenses. Included within the legal fees are normal out-of-pocket expenses for copying, long distance telephone, and facsimile charges. All other out-of-pocket expenses, and extraordinary expenses for copying, long distance telephone, and facsimile charges shall be paid by the City.

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Resolution 02-78

City of Homer

4. Travel. The Law Firm will provide six "free" (no fee for travel time and no travel expenses) trips to Homer each year for the attorney to attend meetings. during the period of September 1 through December 31, 2002 for the attorney to attend meetings. If additional trips are required during this period the year, the City will pay the actual out-of-pocket costs attributable to those trips and the attorney's travel time at one-half the specified hourly rate.

5. Additional Legal Services. In the instance of major projects, extraordinary matters, and/or litigation, the Law Firm will represent the City on those matters on an hourly basis. The City will pay current hourly fees for attorney and legal assistant time and all actual out-of-pocket expenses incurred on such matters. In each case, however, the Law Firm will seek the approval of the city manager prior to establishing separate billing files for such additional representations and services.

6. Attorney Assigned. The attorney in the Law Firm who shall be primarily responsible for representation of the City, and who shall be considered the city attorney, is Gordon J. Tans. For the year of this Agreement, Mr. Tans' hourly rate shall be $160.00 $175.00 for the work performed on an hourly basis under this agreement. The responsible attorney will not be changed without consent of the City. The responsible attorney may, in his discretion, assign City matters to other lawyers or legal assistants in the Law Firm for handling under his supervision.

7. Term of this Agreement. The Term of this Agreement shall be commence September 1, 2002 and end December 31, 2002. one year commencing January 1, 2003. This agreement may be terminated earlier by the City at any time. This Agreement may be terminated earlier by the Law Firm on sixty (60) days' written notice to the City.

PASSED AND ADOPTED by the Homer City Council this 9th day of December, 2002.

CITY OF HOMER

________________________

JACK CUSHING, MAYOR

ATTEST:

_________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal information: Budgeted, Professional Services, 100.5210.100.