HomeMy WebLinkAboutR-2000-163 Edgley Law Offices Agreement (Ryan M. Edgley)RESOLUTION NO. R-2000- 163
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute a legal services agreement between the City of Yakima
and Ryan M. Edgley d/b/a Edgley Law Offices, in order to
provide legal services to the various City Civil Service
Commissions.
WHEREAS, the City Charter Civil Service Commission, the City Fire Civil
Service Commission, and the City Police Civil Service Commission ("Commissions")
require professional attorney services to provide independent legal advice; and
WHEREAS, on occasion the City Legal Department has not been able to provide
independent legal advice to the Commissions because of ethical and legal restrictions;
and,
WHEREAS, Ryan M. Edgley, d/b/a Edgley Law Offices, has the experience and
expertise necessary to provide independent legal advice to the Commissions and is
willing to do so in accordance with the terms and conditions of the attached agreement;
and,
WHEREAS, the City Council has determined that it is in the best interest of the
City to contract with Ryan M. Edgley, d/b/a Edgley Law Offices, in accordance with
terms and conditions of the attached agreement in order to provide legal services to the
Commissions, now, therefore,.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Legal Service Contract with Ryan M. Edgley, d/b/a Edgley Law Offices,
for the purpose of providing legal services to the City Charter Civil Service
Commission, the City Fire Civil Service Commission, and the City Police Civil Service
Commission.
ADOPTED BY THE CITY COUNCIL this 19th day of December, 2000.
ATTEST:
Karen S. Roberts, City Clerk
„/Y
Mary Place, Mayor
LEGAL SERVICES CONTRACT
THIS LEGAL SERVICES AGREEMENT, hereinafter "Agreement", is entered into by and between
the City of Yakima, a municipal corporation, hereinafter the "City", and Ryan M. Edgley, dba Edgley Law
Offices, hereinafter "Ryan M. Edgley."
WHEREAS, the City Charter Civil Service Commission, the Fire Civil Service Commission, and the
City Police Civil Service Commission ("Commissions") require professional attorney services to provide
independent legal advice; and
WHEREAS, on other occasions the City Legal Department has not been able to provide independent
legal advice to the Commissions because of ethical and legal restrictions; and
WHEREAS, Ryan M. Edgley has the experience and expertise necessary to provide independent legal
advice to the Commissions and is willing to do so in accordance with the terms and conditions contained
herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, conditions and agreements
set forth herein, it is agreed by and between the City and Ryan M. Edgley as follows:
1. Legal Services.
Ryan M. Edgley agrees to provide independent legal advice and services to any of the Commissions
when so requested. The City will compensate Ryan M. Edgley for such services in accordance with the
attached "Engagement of Services" Letter, dated November 30, 2000, and attached hereto as Exhibit "A" and
incorporated herein by this reference. Request for additional legal services is subject to the limitations of
budget authority as established by the Yakima City Council.
2. Consideration.
The City agrees to compensate Ryan M. Edgley at an hourly rate of $150.00 for legal services and $50.00
per hour to draft any correspondence or documents. Other fees will be charged such as, but not limited to
filing fees, delivery fees, copy charges, charges of outside experts and consultants, and for taking of
depositions, travel and computer assisted research. No substantial expenses will be incurred without prior
client approval.
4. Term of Agreement.
The term of this Agreement shall be effective upon execution and shall continue indefinitely with the
understanding that it is to be reviewed and, if appropriate, modified each calendar year; provided, however,
that either the City or Ryan M. Edgley may terminate this Agreement, with or without cause, by giving ten
(10) days written notice of termination.
5. Severability.
If any portion of this Agreement is changed per mutual agreement or any portion is held invalid; the
remainder of the Agreement shall remain in full force and effect.
6. Integration.
This written document constitutes the entire agreement between the City and Ryan M. Edgley. No
changes or additions to this Agreement shall be valid or binding upon either party unless such change or
addition be in writing and executed by both parties.
Page 1 of 3
7. Notices.
Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered
to the parties to their addresses as follows:
TO CITY:
TO FIRM:
Chief Examiner
Civil Service Commission
City Hall
129 North 2nd Street
Yakima, WA 98901
Ryan M. Edgley
Edgely Law Offices
402 East Yakima Avenue, Suite 1080
Yakima,WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be
sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective
when mailed or hand delivered at the addresses specified above.
8. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
9. Venue.
The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of
Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
Dick Zais, City Manager
QI\CI\r'/N
Rya M. Edgley
Date: a I O c? P.Date: —b¢ c ¢ ',At 0. \ Z O U
AT 1'EST:
City Clerk
City Contract No. 2000-106
Resolution No_ R-2000-163
Page 2 of 3
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LABOR &
EMPLOYMENT LAW
e-mail address:
edgleyr@hscis.net
November 30, 2000
LAW OFFICE OF
RYAN M. EDGLEY, PLLC
402 East Yakima Ave., Suite 1080
YAKIMA, WA 98901
Yakima Civil Service Commissions
City Hall
129 North 2nd Street
Yakima, WA 98901
RE: Engagement of Services
Dear Commissioners:
EXHIBIT A
Telephone
(509) 248-1740
Facsimile
(509) 248-1573
Thank you for hiring Ryan M. Edgley, PLLC, to provide independent legal advice
and services to the City Charter Civil Service Commission, the Fire Civil Service
Commission, and the City Police Civil Service Commission when so requested.
Pursuant to RCW §§41.08.140 and 41.12.140, my representation will be limited to
matters for which I am specifically appointed. Further, when allowed by attorney
Rules of Ethics, I will confer and cooperate with the City Legal Department to avoid
duplication of effort and minimize the legal fees or expenses incurred by the
Commission. I will seek authorization from the Commission or the Commission's
authorized representative, before undertaking any particular task that I anticipate
will incur substantial legal fees or expenses.
There may be occasions when I will need direction from the Commission before
undertaking discussions with the City Legal Department. To facilitate my ability to
undertake that commitment, and to facilitate obtaining tentative authorization for
undertaking particular courses of action, I ask that the Commissions consider
delegating tentative authority (subject to approval of the Commission at its next
meeting) to a chairperson, other commissioner or representative to direct my
representation.
The City of Yakima will be billed for my services on an hourly basis, at a rate of
$150.00 per hour for research, communication of advice and/or consultation,
preparation of documents, necessary attendance at meetings, preparation for, and
representation during court and administrative proceedings. When appropriate, my
legal assistant may draft correspondence or documents for which the City of
Yakima will be billed at a rate of $50.00 per hour. I will review and approve all
Yakima Civil Service Commissions
November 30, 2000
Page 2
correspondence and documents.
Billing is done on a regular basis each month for the billable time spent on your
behalf, and for other costs incurred relating to my work on your behalf, which may
include, but is not limited to, such items as filing fees, delivery fees, copy charges,
charges of outside experts and consultants, and for the taking of depositions, travel,
and computer assisted legal research. No substantial expenses will be incurred
without prior client approval.
Each of the Commissions may terminate my representation, with or without cause,
by giving a ten (10) day written notice of termination. I reserve the right to
withdraw from representing any of the Commissions, and will provide sufficient
advance written notice of my intent to withdraw to enable the Commission to obtain
other legal representation.
Thank you for giving me the opportunity to represent you.
cerely,
Ryan . Edgley
RME/rb
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ! f
For Meeting of December 19, 2000
A resolution authorizing the City Manager to execute a Legal Services
Contract with Ryan M. Edgley, d/b/a Edgley Law Offices
Tim Carlson, Charter Civil Service Commission Chairman
Jesse Cox, Charter Civil Service Commissioner & Police & Fire Civil
Service Commissioner
Beverly Warren, Charter Civil Service Commissioner & Police & Fire Civil
Service Commissioner
William Wright, Police & Fire Civil Service Commission Chairman
CONTACT PERSON/TELEPHONE: Carol Bates, x6090
SUMMARY EXPLANATION:
This resolution authorizes the execution of a Legal Services Agreement with Ryan M. Edgley,
Edgley Law Offices for legal services to the various City Civil Service Commissions. The
commissions require professional attorney services to provide independent legal advice and
on occasion the City of Yakima Legal Department has not been able to provide independent
legal advice to the Commissions because of ethical and legal restrictions. Ryan M. Edgley has
the experience and expertise necessary to provide independent legal advice and is willing to
do so in accordance with the terms and conditions of the attached agreement. The cost is
$150.00 per hour for legal services, such as research, communication of advice and/or
consultation, necessary attendance at meetings, preparation for, and representation during
court and administrative proceedings, especially the pending Ramos disciplinary case. There
will be an additional $50.00 per hour to draft any correspondence or documents. Other fees
that will be charged, but not limited to filing fees, delivery fees, copy charges, charges of
outside experts and consultants, and for taking of depositions, travel and computer assisted
research. No substantial expenses will be incurred without prior client approval. The City
will monitor these expenses on a monthly basis. The cost of the Ramos defense will likely be
several thousand dollars.
Resolution X Ordinance Contract Other (Specify) Personal Services Contract
Funding Source Legal Operating Budget
APPROVED FOR SUBMITTAL:
C. Manager
BOARD/COMMISSION RECOMMENDATION:
STAFF RECOMMENDATION:
COUNCIL ACTION: Resolution adopted.
Recommend Approval
Recommend Approval
RESOLUTION NO . R-2000-163