THE NEW CITY OF OTTAWA
BETWEEN:
“the Client”
and
CORPORATE SERVICES
DEPARTMENT
I-INTRODUCTION
City of Ottawa’s strategic business planning model
calls for the corporation’s General Managers and support teams to align their
goals, and those of their employees, with the goals of the new City.
This Agreement attempts to set out operating
principles and the responsibilities of both the internal lawyers who will provide
core services and of the users who will receive services from both internal and
outside counsel.
II
– A MODEL AGREEMENT
1.
Purpose
The purpose of this
Agreement is to outline the nature of the legal services which the Police
Services Board (the Client) will require for the year 2001. In addition, this Agreement sets out the
protocols by which the services will be requested, delivered and evaluated.
2.
Scope of Services Review Process
a)
The
Client will meet with the City Solicitor and/or the Relationship Manager at the
end of the term of this Agreement to discuss all major projects and initiatives
for the next year, and to discuss the nature and frequency of the support
required for more routine legal services.
b)
Legal
Services will then prepare a scope of legal services document for the coming
year describing the type, complexity and frequency of services required by the
Client and its various business units.
3.
Request for and Delivery of Legal Services
In order to ensure that the
services meet the operational needs, initiatives and priorities of the Client,
the Client shall:
a)
Integrate
its legal needs into its annual budget;
b)
Notify
Legal Services of any change that may affect the Client’s need for the
services, including relevant budget changes, policy changes, special
initiatives or other changes in priorities;
c)
Request
the involvement of Legal Services at the earliest possible instance so that
Legal Services can provide the greatest possible array of legal alternatives
and meet the Client’s reasonable expectations;
d)
Provide
Legal Services with clear instructions and all available information and
documentation on matters to be handled by Legal Services or the external law
firm(s);
e)
Indicate
to Legal Services the priority of its request for services and reassess
priorities where there are increases in workloads upon Legal Services or
additional demands placed on Legal Services by the client;
f)
Promptly
advise Legal Services of any concerns it has with the delivery of the services.
4.
The Legal Services Team
a)
The
City Solicitor is responsible for all of the legal services provided to the new
City of Ottawa and to its related corporations and clients, whether these
services are provided by inside or outside counsel.
b)
The
Legal Services Relationship Manager for the Police Services Board is the
Manager of Litigation and Employment Law, Don Wilson.
c)
The
Legal Services team will provide services to the Client in the most
cost-effective and practical manner possible, taking into account the
complexity and importance of the issues(s).
This will include identifying more timely and/or more effective ways of
achieving the desired outcome, if required.
d)
The
Legal Services team will take steps to ensure the consistency of advice and
services provided to all users of Legal Services.
e)
For
all litigation and dispute matters assigned to outside counsel, outside counsel
will be retained by Legal Services.
5.
The Client Contact Team
The following persons are
authorized to request legal services:
Ø The Chair of the Police
Services Board, or
Ø The Executive Director of
the Police Services Board.
6.
Responsibilities of Client Department
The specific
responsibilities for operation services by Legal Services and the Police
Services Board are more fully set out in Schedule “C” attached hereto. Standards for Reporting and Timeliness
common to all departments are more specifically set out in Schedules “A” and
“B” hereto.
7. Retainer
Legal Services shall receive an annual retainer of $304,000 for the year 2001 for the provision of services as set out in this agreement. This is an amount estimated for budget purposes, as services are billed on an hourly rate on a fee-for-service basis, including external legal services retained by City Legal Services Branch on behalf of the Board.
8.
Resolution of Service Issues
If a service issue arises,
it should be discussed with the Relationship Manager or the City
Solicitor.
DATED this day of , 2001
_________________________________ _____________________________
CHAIR OF THE POLICE SERVICES CITY SOLICITOR
BOARD
_____________________________
MANAGER,
LITIGATION AND
EMPLOYMENT
LAW
SCHEDULE “A”
STANDARDS
FOR REPORTING
1. Litigation Matters
a)
Legal
Services will forward the Client a copy of the written decision of any court or
tribunal upon its receipt.
b)
Legal
Services will provide the Client with a written summary explaining the decision
of a court or tribunal as quickly as practical after the day the decision is
received.
c)
As
soon as possible after:
Ø Being served with documents
that start a court action or administrative proceeding;
Ø Receipt of any offers to
settle;
Ø Establishing hearing dates;
or
Ø The conclusion of hearings,
Legal Services will report these events to the Client and deliver the related documents.
d)
After:
Ø Issuance and entry of any
orders; or
Ø Service or receipt of
notices of discontinuance, withdrawal or abandonment,
Legal Services will report these events to the Client and deliver the related documents.
e)
Reporting
of future dates of proceedings, new developments and status of files may be
accomplished by sending the Client copies of correspondence by e-mail.
2. Non-Litigious Matters
Legal Services will
communicate relevant correspondence from other parties or any significant
developments in an ongoing non-litigation matter as soon as practicable
following the receipt or occurrence.
SCHEDULE “B”
STANDARDS
FOR TIMELINESS
1. Urgent Matters
Urgent matters will be dealt
with by Legal Services as quickly as possible on a priority basis. Legal Services staff will discuss
expectations with respect to completion, particularly in light of the
complexity of a given matter, and identify a satisfactory target date. If difficulties are encountered in meeting
the time frames, then the Relationship Manager will discuss the priorities with
the Client or Director as soon as possible.
2. Non-Urgent Matters
a)
Assignment
i)
A
request for legal assistance received by the Client’s Relationship Manager will
be assigned in a timely fashion to members of the Legal Services team.
ii)
Upon
receipt of an assignment or transfer of responsibility for a file, Legal
Services will notify the Client by phone or e-mail of who has responsibility
for the matter.
b)
Completion
Date
In the case of the preparation of opinions, contracts and documents
other than litigation documents, Legal Services staff will discuss expectations
with respect to completion, particularly in light of the complexity of a given
matter, and identify a satisfactory target date. If difficulties are encountered in meeting the time frames, then
the Relationship Manager will discuss the priorities with the Client or
Director as soon as possible.
c)
Telephone
Inquiries
Legal Services will use best
efforts to return the Client’s telephone call within one business day. Similarly, the Client agrees to apply a
similar standard in response to requests for information from the Legal
Services team.
SCHEDULE “C”
RESPONSIBILITIES
|
SERVICE |
RESPONSIBILITY
OF LEGAL
SERVICES |
RESPONSIBILITY
OF CLIENT |
|
Legal Opinions/Advice |
· Provision of accurate advice on applicable law · Response in a timely manner |
· Provide full context of and clarity for opinions sought · Requesting advice as early as possible in process |
|
Preparation and Review of Contracts/Binding Agreements |
· Accurate reflection of intention of parties · Board authority check · Reflection of Client’s program needs · Notify Client of identified risks |
· Outline of basic terms and conditions · Board approval |
|
Arbitrations/Litigation |
· Preparation of all required documentation to support Client’s position · Attendance at all tribunal/court proceedings to represent Client · Negotiation of alternative dispute resolution · Preparation of witnesses |
· Provision of all relevant background information · Notification of grievance or claim as soon as possible · Review of all documents prepared by Legal Services · Attend as Client representative at various steps in proceedings · Advice and direction on settlement proposals |
|
Legislative Requirements |
· Draft and review by-laws · Monitor legislative changes, statutes and regulations · Respond to inquiries re legislative strategy · Draft applications for enabling legislation |
· Review draft of by-law |
|
Property Transactions |
· Provision of all legal steps in entire real estate transaction · Check re authority |
· Provision of key terms and conditions · Board approval |
|
Prosecutions |
· Drafting of charges · Attendance at all stages of prosecution · Preparation of witnesses |
· Request for laying of charge with all relevant information · Witness evidence if required |