4.20.230 Legal services.
A. Legal services shall be procured in accordance with BMC 4.20.040.
B. No negotiations or contracts for the services of legal counsel may be pursued or awarded without the prior written approval of the city attorney and/or city council. The city attorney shall review the responses received by the purchasing agent and shall be assisted by the purchasing agent in the selection process.
C. All bills or invoices for payment for legal services obtained pursuant to this section shall be reviewed and approved by the city attorney prior to payment. All funds budgeted, obligated or expended by any city department or utility for contract legal services must be charged to a separate legal services budget account within that department or utility.
D. The city council shall approve, in advance, the participation by the city in any litigation as plaintiff or intervener, where outside counsel is retained to represent the city if the cost, including attorneys’ fees and litigation expenses of that representation, is likely to exceed thirty thousand dollars ($30,000).
E. Exceptions and Waiver. The city manager, city clerk and/or city attorney are exempt from this section only during the following situations:
1. Threatened or actual litigation initiated by an outside person;
2. Temporary coverage while the city attorney’s office is vacant for any period of time;
3. Situations where immediate legal action of a specialized nature is necessary; or
4. Situations where a neutral third party attorney is needed such as appeals to a commission or the city council.
5. Following such waiver, a written report to the council shall be presented clearly outlining the waiver and the reason for it. Such written report shall be included in the next available council packet following the waiver. [Ord. 14-27 § 4.]