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RES 87-04 CITY ATTORNEY CONOLEY RESOLUTION NO. 87-04 A RESOLUTION APPROVING AN AGREEMENT APPOINTING ROBERT O. CONOLEY AS CITY ATTORNEY. WHEREAS, the City Council of the City of Winslow, Washington, feels it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to enter into an agreement appointing Robert O. Conoley as City Attorney; and WHEREAS, the laws of the State of Washington allow such agreements; NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed agreement (Exhibit A attached hereto) appointing Robert O. Conoley as City Attorney is hereby approved. PASSED BY THE COUNCIL of the City of Winslow, Washington, this 8th day of January, 1987. ALICE B. TAWRESEY 7 MAYOR ATTEST: DONNA JEAN~ BUXTON' CLERK/TReASURER AGREEMENT BETWEEN THE CITY OF WINSLOW AND THE CITY ATTORNEY Subject Matter: CITY OF WINSLOW Department: BY: ~.~ . . This agreement this ~,4~ day of January, 1987 between the City of Winslow (hereafter City) and its City Attorney (here- after City Attorney) also known also as parties, WITNESSETH: In consideration of the mutual covenants, promises, and sums below, the parties agree: FOR THE CITY The City retains the City Attorney named below on a part-time basis for routine legal services, except those relating to Police Court Prosecutor, Bond Counsel, and Insurance-Retained Legal Counsel, but same shall coordinate when necessary to insure appropriate legal services to the City. This agreement shall last for 1 year, from January 1, 1987 until December 31, 1987. Further, the Attorney shall serve as provided by ordinance. This contract may be renewed for subsequent terms as the parties may agree upon. Thirty days prior notice shall be given if either party wishes to cancel. The City Attorney retainer billing invoices shall be submitted monthly to the City Clerk-Treasurer by the City Attorney, and paid to him monthly by her. 4. The retainer sums paid by the City shall be: for a basic monthly retainer of $2,100, for which the City shall receive 30 hours of attorney work; for special law projects, including matters beyond the 30 hours, which shall be billed at $75.00 per hour; and for as requested preventive maintenance practices; which shall be billed at $50.00 per hour. Actual annual CLE tuition costsyonly shall be reimbursed by the City Retainer time used which is less than 30 hours a month total shall be credited and accrued toward Special Law Projects. All time billed beyond 30 hours will be billed at $75 an hour except those tasks under Preventive Maintenance. Costs for court, service, long distance, continuing legal education; insurance, etc. exceeding $10 a month shall be billed monthly to the City as they occur, and shall be paid in addition to any fees. The legal services described above are: I. Basic Retainer Services ($2,100 per month): Monthly Council meetings and agenda preparation - 10 Daily help requests and documents for City - 20 TOTAL HOURS 30 II. Special Law Projects ($75 per hour): III. Clarification of planning agency roles and documents. All civil litigation and court appeals. Deeds, easements, contract, beyond retainer. LID handling, beyond retainer. Documents and ordinances, beyond retainer. Special assignments from elected officials. Ordinance revisions, beyond retainer. Legal advice, beyond retainer. Long range research, beyond retainer. Review of land use development contracts and laws. Rewrite of Comprehensive Plan and zoning code. As Requested Preventive Maintenance Practices ($50 per hour): Start-up survey of City legal processes. Twelve month analysis of legal problems ahead. Department and key official legal clinics. Hour-a-month legal audits for departments. Written advisory opinions; for repeated use. Problem area diagnosis, beyond retainer. Telephone hot line use, for special issues. Annual legal audit of City. Ordinance recodification or simplification. FOR THE CITY ATTORNEY The City Attorney shall provide all routine legal services required by the City upon request and as needed for a period of one year on a timely basis, except as to the following, who shall be responsible directly to the City: Police Court Prosecutor, Bond Counsel, and Insurance-Retainer Legal Counsel. -2- The City Attorney shall provide his services in a reasonable, workman-like manner and on a timely basis, consistent with accepted legal standards for similar services in the State of Washington. The City Attorney shall avoid conflicts of interest, including private clients whose matters are inconsistent with the ethical representation of the City, in accordance with the Washington State Rules of Professional Conduct. In the event of partial disability, the City Attorney shall endeavor to find a temporary replacement agreeable to the City; if he is so disabled as to be unable to find a replacement, the City reserves the right to term- inate this contract as provided-for herein and designate a replacement. The City Attorney shall provide liability insurance, as needed, at the least cost to the City, either through his own carrier or through a separate policy. Dated this first day written above. For the City: ATTEST: ROC:al -3-