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APPROVE RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF ZIMMERMAN LAW P.C.
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RECOMMENDATION
It is recommended that the City Council adopt a resolution approving an Agreement for Legal Services with the firm of Zimmerman Law, P.C.
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Summary
The City needs to hire outside counsel from time to time to handle special, complex legal matters, including litigation, personnel, water, wastewater, stormwater, solid waste, public-works, complex transactions, fee, tax and real estate issues, and maritime matters. Section 1306 of the City Charter authorizes the Office of the City Attorney to retain or employ outside counsel with the approval of the City Council.
DISCUSSION
Background
Under City Charter Section 1301, the City Attorney is the primary legal officer for the City, and advises the City Council, Boards, Commissions, and other officers on legal issues related to their jobs. The City Attorney is also responsible for representing the City in “all suits, actions, and proceedings in behalf of or against the City . . .” While the current structure of the City Attorney’s Office is designed to minimize the need for outside counsel, there are a number of vacancies, including the City Attorney position, that require the office to utilize outside counsel. In addition, certain areas of the law either require a higher level of specification than is typically found in an in-house City Attorney’s Office, or they can be handled more efficiently by an outside firm.
Currently, the City Attorney role is being filled on an interim basis by the law firm of Burke, Williams & Sorensen, LLP. While the Burke firm is a full-service firm, with specialization in all areas of municipal law, there are circumstances in which it may be more cost-effective and/or efficient to use another firm for specific projects or litigation. Section 1306 of the City Charter allows the Office of the City Attorney to retain outside legal counsel with the approval of the City Council.
Present Situation
The City has a particular need for the availability of experienced counsel to handle both general and specialized litigation matters that are better served by independent outside counsel. While the City Attorney’s Office will continue to provide oversight of all litigation matters, certain matters can be handled more efficiently by outside counsel. The City Attorney’s Office is requesting authorization to hire Zimmerman Law, P.C. as outside counsel to assist with litigation matters on an as-needed basis. Their respective hourly rates and other fees are reasonable and extremely competitive.
FINANCIAL SUMMARY
Legal services will be billed on an hourly basis pursuant to the rates set forth in the Agreement. The fees will be paid through various accounts, depending on the nature of each matter.