HomeMy WebLinkAboutClark, Butler, Walsh, Hamman-6/16/2014CITY OF WATERLOO, IOWA
CITY CLERK AND FINANCE DEPARTMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571
Council Communication
City Council Meeting: June 16, 2014
Prepared: June 4, 2014
Dept. Head Signature: 6)e-612/,
Number of Attachments: One
SUBJECT: Approval of Legal Services Agreement
with James E. Walsh, Jr. and Clark, Butler, Walsh &
Hamman
Submitted by: Michelle Weidner, Chief Financial Officer
Recommended City Council Action: Adoption of a resolution to approve the
agreement with City Attorney James E. Walsh, Jr. and Clark, Butler, Walsh &
Hamman for legal services at the rates of $1,750/month retainer, $130/hour for
attorney services and $70/hour for paralegal services.
Summary Statement: A number of years ago, the State Auditor
recommended that an agreement be developed that outlines the services
provided by the City Attorney and the applicable rates. The last agreement was
approved in 2009. Jim is requesting to update the agreement and applicable
rates effective July 1, 2014.
Expenditure Required: Rates as outlined above
Source of Funds: Primarily the general fund, with certain billings
charged to other sources as used (for example, property acquisition services
charged to TIF, bonds or grants, respectively).
Policy Issue:
Alternative:
Background Information:
None
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Please return this copy to:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
Legal Services Agreement
The undersigned agrees, on behalf of himself and the law firm of which he is a member, to
provide legal services as City Attorney on an "as needed" basis for the City of Waterloo and its
related entities for the period starting July 1, 2014, until terminated by the parties, for the
following rates:
Retainer: $1,750.00 monthly (payable to James E. Walsh, Jr.)
Hourly: $130.00 for attorneys, $70.00 for paralegals (payable to Clark, Butler,
Walsh & Hamman)
The retainer payment is intended as a minimum payment (hourly charges will be in addition to
this amount) to assure continued service and availability with the understanding that the City
Attorney and all members of his private law firm are conflicted out of any representation of other
parties in any situation in which the City of Waterloo is a party. Short phone calls and
consultations (less than 1/4 hour each) and attendance of the undersigned at regularly scheduled
City Council meetings are also included in the retainer charge and will be handled without
additional charges to the City on those items only.
Monthly invoices of hourly charges and advances will be submitted by the undersigned and
members of his firm who are assigned by the City Attorney from time to time. Payment is due
upon receipt of invoice and delinquent after 30 days. Any payment arrangement other than
payment in full is subject to approval of the undersigned. "Advances" include, without
limitation, out-of-pocket expenses such as filing fees, deposition or court transcripts, long-
distance telephone calls, wireless communications access, access to electronic research
databases, copy costs, postage and appraisals. Advances will be itemized and billed to the City
in the same manner as fees. Detailed hourly billing records will be submitted for approval and
record purposes. (The narrative detail of those bills, but not the charge amounts or calculations,
shall be confidential for the use of the Finance Committee only unless prohibited by law.)
Other outside counsel may be used when conflicts occur that require their use, when specialty
matters arise which require particular special expertise, or otherwise as required due to
scheduling conflicts.
Unless otherwise instructed in writing, the undersigned will retain client files for five (5) years
after the conclusion of the matter or the termination of representation of the City. The City
hereby grants the undersigned permission to destroy the files after expiration of that period.
Agreed :. d a% cepte. this i'/ day of , 2014.
es E. Walsh, Jr.
4r 7/1( -ell
Mayor, City of Waterloo