ORDINANCE No. 179038

*Amend Legal Services Agreement with Miller & Wagner, LLP for outside legal counsel (Ordinance; amend Contract No. 35068)

The City of Portland ordains:

Section 1.  The Council finds:

1.  Due to a conflict of interest, the City required the services of outside legal counsel to assist in the matter of Kendra James v City of Portland, et al, USDC #03-1371-AA; Risk No. G2003-0474-01MS.

2.  Robert Wagner of Miller & Wagner, LLP, (Counsel) agreed to provide these services by Legal Services Agreement No. 35068, for a total authorized amount of $50,000.

3.  Because of the complexity of the case, and the need to take the matter to trial, it is necessary to increase the authorized amount of this agreement in the amount of $50,000 to complete payment.

4.  The length of time necessary to complete work in this matter requires the terms of the agreement to be extended to September 15, 2005.

NOW, THEREFORE, the Council directs:

a.  The City Attorney is authorized to extend Legal Service Agreement No. 35068, dated February 11, 2003, to provide for representation by outside counsel in an additional amount of $50,000, for a total amount not to exceed $100,000.

b.  The terms of the agreement are extended to September 15, 2005.

c.  If applicable, the provisions of City Code Chapter 5.68 are waived.

d.  The Mayor and Auditor are authorized to draw and deliver warrants in payment of legal services provided under this Legal Services Agreement chargeable to Center Code 57235222/Account 521000.

Section 2.  The Council declares that an emergency exists in order to pay for legal services necessary in the matter of James v City (litigation); therefore, this ordinance shall be in full force and effect from and after its passage by Council.

BACKING SHEET INFORMATION

AGENDA NO. 43-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179038