CITY OF HOMER
HOMER, ALASKA
City Manager
RESOLUTION 05-124
A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA EXTENDING THE
CITY ATTORNEY CONTRACT WITH PERKINS COIE FOR THE PERIOD OF JANUARY
1, 2006 THROUGH DECEMBER 31, 2006 IN THE AMOUNT OF $7,650.00 PER MONTH
FOR FORTY FIVE HOURS AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.
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, It is the recommendation of administration that the contract be extended
from January 1 to December 31, 2006; and
WHEREAS, The City Attorney has requested no changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska
extends the City Attorney Contract with Perkins Coie for the period of January 1 through
December 31, 2006 in the amount of $7,650.00 per month for 45 hours and authorizes the
Mayor to execute the contract 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 $185. 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.
Page Two
Resolution 05-124
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. If additional trips are
required during 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 $185 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 one year commencing
January 1, 2006. 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 12th day of December, 2005.
CITY OF HOMER
____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Fiscal information: Budgeted, Professional Services, 100.5210.100.