Written contract required for special counsel

(a) No private attorney retained as special counsel pursuant to Charter § 5-204.3, to represent the city, an officer, employee, or agency of the city, shall be paid for legal services rendered except pursuant to a formal written contract. The contract shall be dated and signed by the private attorney retained, by the director of budget and fiscal services, and by the corporation counsel, who shall approve as to form and legality. The contract shall also contain the signature of the officer, employee, or head of the agency being represented by the private attorney, or in the case of special counsel representing the city or the council, the signature of the chair of the council, as confirmation that the attorney has been selected by the officer, employee, agency, or city. (b) The contract required by this section shall include but need not be limited to the following provisions: (1) The name of the case and civil number for which the private attorney is being retained and the name of the represented party; (2) The commencement date of legal services, the approximate date when the case is expected to be concluded, and an estimate of the total cost of the case, exclusive of any appeal; (3) The categories and names of the private attorneys, if known, assigned to the case who will provide legal services and the hourly rate charged by each attorney; (4) The nature of the work and the rates to be charged to the city for work performed by nonattorneys, including persons on contract with the private attorney who perform specialized services, such as investigators, expert witnesses, etc.; (5) Special rates, if any, which differ from the hourly rate specified in subdivision (3) for legal work performed by attorneys; (6) A description of court costs and out-of-pocket expenses that will be charged to the city; and (7) Express agreements that: (A) Should the case continue beyond the estimated date for conclusion, or the total cost exceed the estimated cost, the council shall be promptly informed in writing; (B) No appeal shall be taken or settlement entered into in the case without the prior approval of the council; (C) All settlement proposals received from the opposing party shall be transmitted to the council in a timely manner and within the time frame specified by the proposal, if any, for its acceptance or rejection; (D) When requested, the attorney will attend meetings with the council or a council committee to discuss matters relating to the case; and (E) The attorney shall comply with all the applicable provisions of this article. (c) A copy of the executed contract shall be transmitted to the city clerk after it has been signed by all parties.