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HomeMy WebLinkAbout4756 Resolution - Amend No. 1 to the PSA with Ogden Murphy Wallace PLLCResolution – Amendment No. 1 Personal Services Agreement for City Attorney General Legal Services - 1 RESOLUTION NO. 4756 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT FOR CITY ATTORNEY GENERAL LEGAL SERVICES BETWEEN THE CITY OF PASCO, WASHINGTON, AND OGDEN MURPHY WALLACE PLLC. WHEREAS, pursuant of RCW 35A.13.090 required the City to make provision for legal counsel, either by appointment of a City Attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services; and WHEREAS, pursuant to Pasco Municipal Code (PMC) 2.15.010 the City Manager shall secure legal counsel for the City by appointment of such full-time, part-time, and/or contractual professional services as best serve the interests of the City: and WHEREAS, the City Council of the City of Pasco, Washington previously approved Resolution No. 4691 authorizing a Personal Services Agreement with Ogden Murphy Wallace PLLC for City Attorney Legal Services; and WHEREAS, the City desires to continue utilizing Ogden Murphy Wallace PLLC to provide ongoing general legal services to the City; and WHEREAS, the City requested that Ogden Murphy Wallace PLLC prepare Amendment No. 1 to the Personal Services Agreement to extend the agreement term, scope of work, and fee schedule for continued legal services; and WHEREAS, the City Council of the City of Pasco, Washington, has, after due consideration, determined that it is in the best interest of the City of Pasco to approve Amendment No. 1 to the Personal Services Agreement with Ogden Murphy Wallace, PLLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approved the terms and conditions of Amendment No. 1 to the Personal Services Agreement between the City of Pasco and Ogden Murphy Wallace PLLC., as attached hereto and incorporated herein as Exhibit A, and Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Agreement on behalf of the City of Pasco;, and to make any minor substantive changes as necessary to execute said Agreement. Be It Further Resolved, that this resolution shall take effect immediately. Resolution – Amendment No. 1 Personal Services Agreement for City Attorney General Legal Services - 2 PASSED by the City Council of the City of Pasco, Washington, on this 15th day of June, 2026. Charles Grimm Mayor ATTEST: _____________________________ Krystle Shanks Deputy City Clerk EXHIBIT A Scope of Work CITY ATTORNEY SERVICES A. General Legal Advice - Provide legal advice to the Mayor, City Council, Department Directors, and City Boards and Commissions on all legal matters related to their duties. - Maintain knowledge of issues facing the City and deliver timely legal opinions within an established response framework. - Bring to the attention of the City Council, City Manager or staff matters of relevance as a result of new legislation or recent court decisions. B. Meeting Attendance and Preparation - Attend all regular City Council meetings (1st and 3rd Mondays) and workshop meetings (2nd and 4th Mondays – as needed) either in-person or via virtual participation. - Serve as Parliamentarian, provide the City Council with guidance as to parliamentary procedure and related procedural and parliamentarian matters. - Participate in additional meetings, special sessions, retreats, board, commission, or committee meetings as requested by Council or the City Manager or designee. - Assist with preparation of meeting agendas and materials. C. Litigation and Representation - Advise on municipal risk and tort law, including advice to avoid civil litigation. - Represent the City in judicial, arbitration, and mediation proceedings as needed. - Represent the City in litigation or assist attorneys appointed by the insurance pool. - Handle administrative proceedings or appeals initiated by or against the City. - Represent the City in land use and permitting matters, as well as before the City’s Hearing Examiner. D. Prosecutor’s Office and Office of Indigent Defense - City contracts for prosecution of criminal matters and public defense. Office of Public Defense provides legal advice to defendants in criminal matters. - Monitor and evaluate the performance of contracted legal service providers to ensure compliance with the terms of their agreements. - Serve as the point of contact and liaison for the contracted City Prosecutor and Indigent Defense attorneys. E. Code Development - Code development including the integration of new legislative requirements, as well as crafting language to accurately reflect the intent of elected officials. F. Contract Review and Drafting - Draft, review, and negotiate contracts, including but not limited to real estate transactions, interlocal agreements, labor agreements, professional services agreements, and service or product procurement contracts. - Prepare or review ordinances, resolutions, and other documents as needed to protect the City’s interests. G. Policy and Legislative Compliance - Review and draft ordinances and resolutions to ensure compliance with state and federal laws. - Advise on legislative updates and recent court decisions affecting City operations. H. Risk Management and Public Records - Ensure Open Public Meetings Act compliance. - Counsel City officials on ethical standards and appearance of fairness issues, including conflict avoidance. I. Accessibility and Responsiveness - Respond to inquiries from the Mayor, City Manager, and staff within one business day, when feasible, providing a timeline for responses and legal opinions. - Be available for phone consultations, in-person meetings, video conferencing, and site visits. - Provide regular status reports on active issues as requested. - Ensure the City Attorney is readily available by phone, email, and video conference for urgent matters. - Attend special City Council sessions, retreats, and committee meetings as requested. - Be available for one in-person work day at City Hall per quarter, to be scheduled in coordination with the City Manager’s office, to facilitate regular meetings with leadership team. *NEW* J. Inter-organizational Collaboration - Coordinate with the Washington Cities Insurance Authority and other special legal counsel on specialized matters. - Maintain liaison with legal experts in areas TRANSITIONAL SERVICES – REMOVED. PERFORMANCE STANDARDS A. Timeliness: Respond promptly to all legal inquiries and meet deadlines for legal opinions, contract reviews, and other services. B. Professional Expertise: Maintain current knowledge of municipal law and provide informed, actionable advice. C. Accessibility: Be consistently available to the City Manager, City Council, and staff for consultations and meetings. D. Ethical Compliance: Uphold ethical standards and advise City officials on maintaining transparency and public trust. EXHIBIT B FEE SCHEDULE 2026 Hourly Billing Rates: General Legal Services (including the services called for in Exhibit A) Member $405/hr Associate $355/hr Paralegal $230/hr Retired/Of-Counsel $405/hr • Rates shall increase by 4% effective each January 1st. Travel Time Travel time for other OMW attorneys for City-related business will be billed at applicable hourly rates. Travel associated with the once per quarter work day at City Hall will not be billed to the City. Miscellaneous Expenses The City will not be charged for normal clerical or secretarial work, the expense of which has been calculated into OMW's hourly rates for attorneys. Reimbursement will be made by the City for expenditures related to court costs and fees, copying, postage, computer-aided legal research when conducted on behalf of the City, mileage, and parking. Other expenses shall be reimbursed when authorized in advance by the City.