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HomeMy WebLinkAboutR-1990-D5858 Halvorson & Applegate• RESOLUTION NO. D 5858 _A RESOLUTION authorizing execution of a Legal Services Con- tract with Halverson & Applegate, P.S. WHEREAS, the City of Yakima self insures against claims, some of which require legal defense; and WHEREAS, the City of Yakima has occasional need to con- tract for municipal legal services because of an overload in its Legal Department or the necessity of obtaining special legal expertise; and WHEREAS, Halverson & Applegate, P.S. has contracted with the City of Yakima to provide claims defense since 1987; 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 Halverson & Applegate for claims defense and other muni- cipal legal services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby directed to execute the attached and incorporated legal services contract with Halverson & Applegate. ADOPTED BY THE CITY COUNCIL this day o 1990. ATTEST: 1 C.411c- City Clerk (res/lglserv) Mayor hereinafter referred to as Attorney, and the City of Yakima, Washington, a municipal corporation, hereinafter referred to as client, under the following terms and conditions: 1. Client has undertaken to self insure certain risks within this general program of risk management and employs Attorney to be primarily responsible to represent it in the handling of claims which come within its self insurance program, among other things. In addition, Client uses Attorney to represent it in some zoning, tax, personnel and other municipal legal problems. 2. Attorney agrees to prosecute and defend all causes of action accrued or to accrue during the period of this agreement, for or against Client, to the extent in those circumstances requested by the Client; to render legal advise sought by the Client and to render such other legal services as the Client may require. 3. Client agrees to pay Attorney for time expended on the Client's behalf at a basic hourly rate of $90.00 for firm principals, with the understanding that the time of associates in Attorney's firm will be billed at $5.00 an hour less than their stated rate during the calendar year. Attorney will submit to Client an itemized monthly billing, detailing the services rendered and the hours worked. 4. Attorney accepts said employment and agrees to render services on the terms and conditions set forth herein to the Client and will refrain from accepting employment in conflict therewith. 5. Client understands and agrees that Attorney will be the law firm primarily responsible for handling the self-insurance claims, although the Client does not, by this contract, commit itself to be exclusively represented by Attorney in these or other matters. 6. It is the intent of the parties that the term of this agreement shall be indefinite, with the understanding that it is to be reviewed and, if appropriate, modified, each calendar year. This contract may be terminated by either party upon 60 days written notice to the other. This agreement supersedes all previous agreements for legal services between the parties. City Contract No. 90-95 Res. No. D-5858 CITY OF YAKIMA, WASHINGTON a municipal corporation s � By: \,, City Manager, Richard A. Zais, Jr. ATTEST: K(L-2,1-,ti ,% 12 City Clerk HALVERSON & APPLEGATE, P.S. By: , Don W. Schussler