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Home My Public Portal AboutORD10037 BILL NO. D %Q SPONSORED BY COUNCILMAN ORDINANCE NO. 160 37 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE A CONTRACT WITH WILLIAM M. BARVICK FOR THE PROVISION OF LEGAL SERVICES, AND AUTHORIZING A BUDGET ADJUSTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with William M. Barvick for the provision of legal services for the sum of $17,500. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. There is hereby appropriated out of the Unappropriated General Fund Balance $32,500 for the purpose of increasing the appropriations of Utility Rate Cases, Account Number 10-15-336. Section Q. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed (/t'�L�,yLit1� .2.2 /l _ Approved Z & fr� 2 1293 esi ing Off' er Mayor ATTEST: �C.(�c/J V WILL City Clerk LEGAL SERVICES CONTRACT This contract is made and entered into this day of 1983, by and between the City of Jefferson, Missouri, a muni ipal corporation, hereinafter referred to as "City", and William M. Barvick, hereinafter referred to as "Attorney". The parties agree as follows: 1. Attorney will represent the City of the Union Electric Company - Missouri Power and Light Company Merger currently pending before the Missouri Public Service Commission. Such representation shall include reviewing all testimony in the case, consultation with the City regarding the position that it wishes to take in the case and the selection of expert witnesses to present testimony in support of that position, consultation with the Commission's Staff and the Public Counsel regarding their positions in the case, briefing and arguing the case before the Commission, and such other similar matters as may be necessary to fully prepare and conclude the case before the Commission. 2. The City will pay for the services rendered by Attorney at the rate of $60/hour. The City will also pay any out-of-pocket expenses incurred by Attorney in connection with those services, including travel, long distance telephone calls, copies, and postage for mailing packages. 3. Attorney will submit to the City a detailed bill each month itemizing the cost of the services rendered. The City will pay Attorney on a monthly basis. The total cost of the services under this contract shall not exceed $17,500 without the prior written approval of the City. 4. If the City decides to join with other cities in the presentation of a common position, Attorney will undertake the additional representation insofar as it does not conflict with representation of the City. The charge for this joint representation would be at the same rate of $60/hour. The City will pay Attorney for the entire cost of the joint representation. Contribution to the payment of those costs by the participating cities is a matter to be worked out between Jefferson City and the other cities. 5. City will hire the expert witnesses to be used in the case. Attorney shall consult with the City concerning the selection of the expert witnesses. 6. Attorney's letter to the City Counselor, dated August 22, 1983, is hereby incorporated by reference into this contract. 7. City may terminate this contract by giving notice in writing to the Attorney. Upon termination of this contract, City will pay ® Attorney for any unpaid services he has already performed and for any unpaid out-of-pocket expenses already incurred. CITY OF JEFFERSON By - Y ayor ATTEST: City Clerk WILLIAM M. BARVICK Attorney at Law • WILLIAM M. BARVICK ATTORN[Y AT LAW 124 EAST HIGH STREET JEFFERSON CITY, MISSOURI 65101 314-634-47" August 22, 1983 Mr. Lynn Porterfield City Counselor 320 East McCarty Street Jefferson City, Missouri 65101 Re: Union Electric Company-Missouri Power & Light Company Merger Dear Mr. Porterfield: It is my understanding that Jefferson City has inter- vened in the above case before the Missouri Public Service Commission and that it is seeking the assistance of outside counsel to represent it in that proceeding. I have extensive experience before the Public Service Commission. I represented the public before the Commission as the Public Counsel for the State of Missouri for six and a half years. As a result, I would like to submit the .following proposal to provide legal services to the City and any other city with a similar interest in the above proceedings. I will provide legal advice to the City and any other city with a similar interest, and I will provide representation before the Missouri Public Service Commission to protect and to promote the City's interest in assuring that any action taken by the Commission on the proposed merger of the Union Electric Company and its three subsidiaries does not result in any un- warranted and unreasonable increase in the rates that the City is paying for electricity under the current Commission approved tariffs governing the rates charged by the Missouri Power & Light Company. My work would, among other things, consist of reviewing all testimony in the case filed by any party, atten- dance at hearings in the case, consultation with the City regarding the position that it wishes to take in the case and the selection of expert witnesses to present testimony in support of that position, consultation with the Commission's Staff and the Public Counsel regarding their positions in the case and briefing or arguing the case before the Commission. My charges for the above services are sixty dollars an hour for my time plus the actual cost of such expenses as travel, long distance telephone calls, copies or postage for mailing packages, (,e.g. the cost of mailing copies of testimony, briefs or other large documents to the various parties in the proceeding) . Mr. Lynn Porterfield -2- August 22, 1983 I would anticipate that the work associated with the preparation for and appearance at hearings in Jefferson City would not require more than two hundred and fifty hours. Attendance at hearings in Cape Girardeau, Moberly, St. Louis and Clayton would most likely add another thirty to forty hours to the task. On the assumption that attendance at these latter hearings would not be required, I would propose to do the work associated with this case at a maximum cost to the City of $15,000 unless otherwise authorized. In addition to the cost of my services, the City should anticipate hiring expert witnesses. I would anticipate that the sum of $15, 000 should be sufficient to pay for the cost of expert testimony in this case. In the event that the City should decide to join with other cities in the presentation of a common position, I would be willing to undertake the additional representation insofar as it would not conflict with my duties to Jefferson City. The charge for my services would be the same. While I would look to Jefferson City for payment of my fees and expenses, contribution to the payment of those costs by the participating Aft cities would be a matter to be worked out between Jefferson City and the other cities. Enclosed for your information is a copy of my resume. If you have any additional questions about my qualifications and experience or about this proposal, please let me know. Very truly yours, William M. Barvick WMB:mb Enclosures