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HomeMy WebLinkAboutResolution 2007-198 agreement for legal services with Barry M. Corey relating to personnel action review boardMARANA RESOLUTION NO. 2007-198 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR LEGAL SERVICES WITH BARRY M. COREY OF THE LAW FIRM OF DeCONCINI McDONALD YETWIN & LACY, P.C., TO SERVE AS COUNSEL TO THE TOWN OF MARANA PERSONNEL ACTION REVIEW BOARD; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana Personnel Action Review Board (PARB) has been the official entity in place to hear appeals from final decisions of the Town Manager relating to major personnel actions; and WHEREAS it now appears that a couple of pending personnel matters may be heard by the PARB; and WHEREAS to assure that there are no conflicts of interest, it is appropriate for the PARB to have independent legal counsel to guide it in its decision making process; and WHEREAS Barry M. Corey of the law firm of DeConcini McDonald Yetwin & Lacy, P.C., is qualified to act in this capacity. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The legal services agreement between the Town of Marana and Barry M. Corey, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned legal services agreement. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby (00006892.DOC FJClcds 1116107 declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of November, 2007. Mayor Ed Honea ATTEST: celyn . ?Bronson, Town Cl?erk APP90YED AS TO FORM: Frank' Cassidy, Town Attorney -2- AGREEME NT FOR LEGAL SERVICES THIS AGREEMENT, made and entered into this 2ziay of ±I?wl(?, 2007, by and between the TOWN OF MARANA, a political subdivision of the State of Arizona, hereinafter referred to as "Town" and Barry M. Corey of the Law Firm of DeCONCINI McDONALD YETWIN & LACY, P.C., hereinafter referred to as "Counsel;" WITNESSET WHEREAS, the Town has determined that the Town of Marana Personnel Action Review Board, an independent agency of the Town, hereinafter referred to as the "Board," has an immediate and continuing need for special counsel to advise, counsel, and represent said Board on certain legal matters; and WHEREAS, the Town and the Board desire to engage the services of an attorney to provide such advice, counsel, and legal representation as may be required or requested by the Board on the basis set forth below; NOW, THEREFORE, in consideration of the foregoing, and in consideration of the covenants, conditions, and provisions hereinafter set forth, the parties hereto do hereby agree as follows: Counsel agrees to serve as special counsel to the Board and to provide such advice, counsel, and representation as may be required or requested by said Board in the following matters: A, All appeals by employees or former or prospective employees before the Board and all matters related to any such appeals or any potential or prospective appeals, involving interpretation and revisions of rules, policies, and related matters. B. Preparation and delivery of legal opinions and advice with reference to any appeal or potential or prospective appeals before the Board as requested by the Chairperson or Acting Chairperson of the Board or the Town's Human Resources Director or the Town Attorney or the designee of any of them; C. Such other legal services with reference to any appeal or potential or prospective appeals before the Board or other matters related to the functions of the Board as may be requested by the Chairperson or Acting Chairperson of the Board or by the Town's Human Resources Director or the Town Attorney or the designee of any of them; D. Other legal services for the Board and/or representation of the Board before any court of record or whenever it has been determined by the Town Attorney or his or her designee that it would be improper, unsuitable, or inappropriate for the Office of the Town Attorney to provide such other legal services or representation to the Board. Counsel shall utilize professional judgment in determining whether to render the above services personally or though other legal professionals in his law firm or under his supervision and control. Counsel may also, as needed or in the exercise of professional judgment, render these services by utilizing the resources of other lawyers or legal professionals with whom he is associated or affiliated. 2. The Marana Town Attorney or a Deputy or Assistant Town Attorney, who shall be designated by the Town Attorney, shall serve as contact within the Office of the Town Attorney for Counsel. Said Attorney shall be responsible for arranging, providing, and expediting access to Town personnel records or other matters which may be necessary or appropriate in consonance with the responsibilities of Counsel as set forth above. 2 3. In conjunction with any hearings of appeals handled by Counsel in accordance with the terms of this Agreement, Counsel will coordinate such action as required with the designated Town Attorney so as to keep the Office ofthe Town Attorney apprised as to the status of all such hearings and the results thereof The Town agrees to pay Counsel in accordance with the attached Schedule A, Statement of Costs and Expenses, and for the services rendered to the Board, including travel time, as follows: A, Any legal services provided by Counsel for the Board, except for work in matters in litigation, during the term of this Agreement shall be compensated by the Town at the rate of two hundred twenty five dollars ($225.00) per hour, during the calendar year 2007, and at an hourly rate increasing by five dollars ($5.00) per hour of Counsel's time for each subsequent year. B, In addition to those payments specified in Subparagraph A above, the Town shall compensate Counsel at the rate of one hundred forty dollars ($140.00) per hour for law clerk, paralegal, and/or legal intern. research or other services which may be required on behalf of the Town during the calendar year 2007, and at an hourly rate increasing by five dollars ($5.00) per hour for each subsequent year. C. For all work in matters in litigation, Counsel shall be compensated by the Town during the calendar year 2007 at the rate of one thousand eight hundred dollars ($1,800.00) per day, or any portion thereof on a pro-rata basis, for the work of the assigned lawyer or lawyers. For the purposes of this Subparagraph, a day shall constitute not less than six (6) hours, and any work in matters in litigation comprising less than six (6) hours shall be compensated on said pro-rata basis using the above-quoted price as the base compensation for a six-hour period. For years subsequent to 2007, the rate set forth above shall be increased by the sum of thirty dollars ($30.00) per day for each subsequent year, 5. Payment for the services rendered hereunder shall be made upon receipt of statements when properly certified by the authorized Town officers confirming the services for which payment is requested. 6. All the work product and materials of Counsel, including pleadings, briefs, notes, research, and other papers shall be the property of the Town and shall be delivered to the Town at the written request of the Town Attorney or his or her designee, provided, however, that the Town shall, at the request of Counsel, and at the sole expense of the Town, furnish to Counsel copies of any or all the foregoing at the time of said delivery by Counsel. Any such documents left in the possession of Counsel longer than one (1) year after the final disposition of the matter concerned may be disposed of by Counsel without further responsibility. 7. It is agreed that Counsel and other members of his law firm may engage in the representation of the Town or any individual or entity against the Town and that any potential conflict of interest arising as a result of Counsel's advice to and representation of the Board be and hereby is waived, currently and prospectively, except as to any situation in which Counsel or any member of his law firm or other counsel with whom he may affiliate might wish to appear before the Board representing any party, whether the Town, or any employee or employee group, in which case this waiver would not apply. 8. Counsel agrees to hold han-nless, indemnify, and defend the Town of Marana, and its Mayor and Council Members, officers, employees, and agents from a losses, suits or damages of any kind (including attorney's fees, defense costs, and expenses) arising out of actual malpr-actice of Counsel. 9. Counsel shall maintain, for the duration of this Agreement, policies of insurance covering workers' compensation and malpractice liability, in forms and limits acceptable to the Town's Risk Manager. 10, Ms Agreement is effective as of 2007, and supercedes any previous agreements entered into by these parties, and shall continue in full force and effect until 4 terminated by either party. Termination may occur upon thirty (30) days written notice by either party to the other party, and in a manner consistent with the established ethics of the legal profession. Should termination occur, Counsel shall professionally continue his work on assigned tasks until all such tasks are closed or transferred, with the Town's consent, to other counsel, subject to all the rights and obligations of this Agreement, unless the Town gives written approval of another method of disposing ofthe open tasks being performed by Counsel. IN WITNESS WHEREOF Counsel has executed this instrument and the Town has caused this instrument to be executed by its duly authorized officers thereto as of the day first written above. TOWN OF MARANA, a political subdivision of the State of Arizona By: ATTEST: A-I T WN CL OF THE TOWN OF MARANA APPROVEaAS TO FORM: TOWWATTORNEY 1:\FIL.ES\DOCS\FIRM05\45645600C\IiI 1930 DOC 5 COST AND EXPENSES SCHEDULE"A" 1 . Telephone Calls: The actual cost of long distance telephone calls, including tax. 2. Photocopies: $.25 cents per copy. Outside copying services (Reproductions, etc.) will be billed at actual cost incurred by the firm. 3. Travel: Travel time will be billed at the regular hourly rate. There is no mileage meals, lodging charge for travel by personal motor vehicle. Expenses of other modes of travel (airfare, etc.) plus costs of, etc., will be billed at actual cost. 4. Postage: Actual cost. 5. Express Delivery and/or Messenger Service: Actual cost incurred by the firm for outside express mail and/or outside delivery services; for delivery by firm personnel, $15.00 per hour, plus expenses described under "Travel". 6. Clerical/Computer Word Processing: No charge for ordinary word processing; other clerical work, if voluminous, will be billed at rates commensurate with current charges in this community for the specific services being performed. 7. Computerized Legal Research (Westlaw, Lexis, Etc.): Actual, pro rata on-line charges billed to the firm for our clients. 8. Facsimile Charges: Fifty cents ($.50) per page (Sending only). 9. Miscellaneous Charges: All court-related charges (i.e., expenses of litigation; court reporter services for depositions; expert witness testimony and/or reports for trial; jury fees; witness fees; outside preparation of any and all extraordinary exhibits or trial preparations which the firm is unable to produce internally) will be billed at the actual, cost incurred by the firm. 10. Expert or Other Professional Services: In the event that complete representation requires the services of an expert or the services of a professional which cannot be provided by the firm, the expenses for these services shall be billed at actual cost. 11. Any other expenses incurred by the firm pursuant to the representation will be billed at actual cost. (00006891.DOC /)