shall represent City in all of the foregoing legal matters, and in initiating and defending all litigation
<br />unless otherwise directed by the City Council.
<br />C. Additional Specialized Legal Services: When requested in writing by the City Manager, City
<br />Attorney will provide cable television, finance, franchising, contracts, airport, water, waste water,
<br />electricity, waste management, transportation, enterprise and other specialized services which may
<br />require the assistance of special legal counsel.
<br />D. General Communication: The City Attorney will keep City informed as to the progress
<br />and status of all pending matters in accordance with such procedures as the City may establish from time
<br />to time. The City Attorney is expected to manage, control and oversee the delivery of legal services in a
<br />competent, professional, and cost-effective manner. All legal services shall be properly supervised and
<br />all personnel shall be qualified to handle the work assigned. If, with the approval of the City Council
<br />outside special counsel is retained, unless otherwise directed by the City Council, such special counsel
<br />shall be supervised by the City Attorney.
<br />E. Coordination of Services: All legal services shall be coordinated under the direction of
<br />the City Manager. Notwithstanding any other provision contained herein, any Additional Specialized Legal
<br />Services can only be authorized by the City Council or City Manager. Nothing in this Contract shall be
<br />construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to
<br />assign or reassign a legal matter of City from or to BB&K.
<br />3. CITY DUTIES
<br />City agrees to provide such information, assistance, cooperation, and access to books, records,
<br />and other information as is necessary for BB&K to effectively render its professional services under this
<br />Contract. The City desires services to be rendered whenever possible on site; as such the City, at City's
<br />expense, will make available sufficient office space, furniture, telephones, computers, facsimile
<br />machines, and secretarial support, as approved by the City Manager, as may be necessary therefore.
<br />City further agrees to abide by this Contract, and to timely pay BB&K's bills for fees, costs, and
<br />expenses, as established by this Agreement. However, nothing in this Section, or any other part of this
<br />Agreement, shall be construed in any manner as limiting the ultimate and absolute discretion of the City
<br />Council, at any time, to assign or reassign legal matters of City from or to BB&K.
<br />4. PERSONNEL
<br />City Attorney staff may be modified only as provided in Section 1 above and except as so
<br />provided, City Attorney will exercise discretion to utilize whichever attorney(s) (and staff) it determines
<br />to be best suited to render efficient and effective legal services under this Contract. City Attorney shall
<br />also, in accordance with City's rules and regulations, have authority to hire staff in the Office of the City
<br />Attorney.
<br />S. COMPENSATION
<br />A. Compensation shall be as set forth in Exhibit A.
<br />B. Payment of Compensation shall be as set forth in Exhibit B.
<br />6. BOND OR FINANCIAL SERVICES: SERVICES FOR THIRD PARTIES
<br />Notwithstanding the foregoing, (i) in the event City determines BB&K shall act as Bond Counsel
<br />3
<br />
|