The URL can be used to link to this page

Home My WebLink AboutR-1996-019 Legal services agreementRESOLUTION NO. R-96 1 9 A RESOLUTION authorizing the execution of a legal services contract with Menke Jackson & Beyer. WHEREAS, the City of Yakima has occasional need to contract for specialized municipal legal services; and WHEREAS, the Menke Jackson & Beyer firm has contracted with the City of Yakima to provide labor law and collective bargaining representation for many years; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to contract with Menke Jackson & Beyer for specialized labor law/collective bargaining legal services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated legal services contract with Menke Jackson & Beyer. ADOPTED BY THE CITY COUNCIL this D day of Fe-erivaiva 1996. A i EST: L a City Clerk (mlv)rea!Meeb Jackson & Beyerrp LEGAL SERVICES CONTRACT This agreement is executed between the Yakima, Washington, law firm of Menke Jackson & Beyer, a law partnership (hereinafter "the firm"), and the City of Yakima, Washington (hereinafter "the City") in consideration of the mutual covenants contained herein, as follows: 1. The City has need of specialized legal services for which it is impractical to staff within the City Attorney's office. Among other things, these requirements include labor law and collective bargaining negotiations. Retention of special counsel is specifically authorized by YMC 1.18.017(3). 2. In consideration of this City's agreement to refer some of its outside work within certain categories to the firm, the firm agrees to bill for the time of its lawyers at rates lower than those commonly charged other clients. Those rates are: Senior partners $90.00 per hour Associates $80.00 per hour Legal Assistants $40.00 per hour The parties agree that to the greatest practical extent, work will b e referred to legal assistants and associates in an effort to minimize expense, while recognizing that as to more complex problems where experience becomes more important, use of senior partners will be appropriate a n d ec onomic al. 3. As a part of this agreement, the firm agrees to give City work priority so that problems needing immediate attention receive that attention. In addition, the firm agrees to help develop a program with the City Attorney to help enhance the ability of the City Attorney's office to handle some of the matters which the firm has traditionally handled. For example, the firm will, as appropriate, associate the City Attorney's office and divide the handling of some litigation so that those coordinated efforts enhance the experience of assistant city attorneys. This contract is intended to cover work which is not practical for the City Attorney's office Page 1 (M')tF.Ml era.Yesle.sp to handle, either because of a shortage of expertise or the press of other work. 4. The firm agrees to refrain from accepting any other clients that would result in a conflict with the legal services contemplated hereunder; provided, however, that the parties agree that determining whether there is a "conflict of interest" shall be determined with reference to the specific claim or subject matter. The City agrees that it will not claim a conflict merely because of this contractual arrangement - e.g., it would not be a "conflict" for the firm to represent a client in a land -use matter in which the firm had offered no advice to the City. 5. This contract becomes effective January 1, 1996. The term of this agreement shall be indefinite with the understanding that it is to be reviewed and, if appropriate, modified each calendar year. Termination may occur by three months written notice by either party to the other. Dated this day of , 1996. CITY OF YAKIMA, WASHINGTON MENKE JACKSON & BEYER, A LAW PARTNERSHIP By: By: R.A. Zais, Jr. Anthony F. Menke City Manager Senior Partner ATTEST: Karen S. Roberts, City Clerk City Contract No. Resolution No. Page 2 (®h).g.lg! rwN.Yz.rp ANTHONY F. MENKE ROCKY L. JACKSON G. SCOTT BEYER MENKE JACKSON & BEYE Attorneys at Law 1400 SUMMITVIEW, SUITE 100 • YAKIMA, WASHINGTC RECEIVED [Z iz CITY OF YAKIMA SEP 151995 J 98902 OFFICE OF CITY MANAGER FAX: (509) 575-0351 ATTORNEY - CLIENT PRIVILEGED AND CONFIDENTIAL COMMUNICATION September 13, 1995 Dick Zais, City Manager City of Yakima Yakima City Hall 129 N. 2nd Street Yakima, Washington 98901 Re: Proposal for Revision to Fees for Services/Letter of Agreement Dear Dick: We would sincerely appreciate your consideration of an increase in our fee for services arrangement. We have greatly appreciated and enjoyed the long term ten year relationship with you and the opportunity to accomplish positive goals and results for the City. We are most interested in continuing our relationship with you. Just like you, we have had progressive increases in operating expenses inclusive of rent increases, employee wage increases, increases in medical premiums for employees, increases in technical resource capabilities inclusive of computer hardware and software upgrades, library services, computer services and telephone expenses. We have been at the same $50.00 per hour fee structure for ten years. The reason we would greatly appreciate your serious consideration of a rate revision is because we are substantially below the norm for our expertise in the labor law field. As an example, we have periodically retained Mr. Cabot Dow for expert witness purposes particularly as relates to analysis of comparables and fiscal data. Cabot is not an attorney but rather is a labor consultant. His current hourly rate is $90.00 per hour plus support staff rates and fees. Other labor attorneys, such as Otto Kline, are currently at a rate of $150.00 per hour and up. Associates in Otto Kline's firm are at $120.00 per hour. The average hourly rate for Yakima attorneys on a myriad of issues and legal specialties is $120.00 per hour. Additionally, Paul McMurray, Assistant City Attorney, has been doing a terrific job in assisting and representing the City on a significant majority of the personnel and labor issues confronting the City. Our involvement has been in the course of representing and assisting the City with labor relations involving firefighters, police, transit and other specialized issues such as unit clarifications, certain types of grievances and September 13, 1995 Page -2 - arbitrations. We currently advise Paul and other officials on special request types of issues such as suggested legislative changes for interest arbitration proceedings and other matters. While the vast majority of the work we do is at the $50.00 per hour rate, we have a specific category for the City Attorney's Office at $100.00 per hour currently. Dick, I am most appreciative of the opportunities that you have provided our firm and me with regard to representing the City. I would sincerely appreciate your serious consideration for a revision to our current fee structure such as a fee per unit of service approach. I have enclosed a draft letter of agreement/fee structure suggestion for your review and consideration.. 1. certainly welcome any opportunity to explore and discuss this matter further with you at your convenience. Thank you for your continued support. Respectfully yours, Antho/y P. ienke cc: (Ra aolella, City Attorney eryl Smith, Deputy Personnel Officer Enclosure AFM/bkb