HomeMy WebLinkAboutR-1994-011 Halverson & Applegate, P.S.RESOLUTION NO. R-94- 11
A RESOLUTION authorizing the execution of a Legal Services Contract 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 contract 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 for 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 municipal 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 8th day of February , 1994.
S
ATTEST: Mayor
r
City Clerk
ilsires /halverson 4 applegate rp
LEGAL SERVICES CONTRACT
This agreement is executed between the Yakima, Washington, law firm of Halverson
& Applegate, P.S., (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
defense of tort claims for which the City has self insured. 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 $130.00 per hour
Jr. partner/Sr. Associates $110.00 per hour
Associates $100.00 per hour
Legal Assistants $ 55.00 per hour
The parties agree that to the greatest practical extent, work will be 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 and economical.
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 matters in which the firm can offer training and assistance. 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.
4. This contract is intended to cover work which is not practical for the City
Attorney's office to handle, either because of a shortage of expertise or the press of other
work. The legal work anticipated to be referred under this agreement may include some
zoning, tax, personnel, self-insured tort claims and other municipal legal problems.
5. 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.
6. This contract becomes effective January 1, 1994. 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 ary, 1994.
CITY OF YAKIMA, WASHINGTON HALVERSON & APPLEGATE, P.S.
By:
Richard A. Zais, 1r., City Manager
A TEST :
Karen S. Roberts, City Clerk
City Contract No.
O -y
Resolution No. R-94-11
By.
Don W. Schussler
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