Resolution - 2005 - 22 - Approve First Amended Agreement For Legal Services Btw City And Msbt Law - 10/26/2005
RESOLUTION NO. 05-22
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING FIRST
AMENDED AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY AND MOORE
SMITH BUXTON & TURCKE, CHARTERED; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE SAME; AND PROVIDING AN EFFECT DATE
WHEREAS, the City is desirous of retaining the law firm of Moore Smith Buxton &
Turcke, Chartered, of Boise, Idaho as City Attorney to the City and amending the Legal Services
Agreement between the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho, as follows:
Section I: The First Amended Agreement for Legal Services between the City and the
law firm of Moore Smith Buxton & Turcke, Chartered, of Boise, Idaho, a copy of which is
annexed hereto and by reference made a part hereof, is hereby approved, and the Mayor and City
Clerk are hereby authorized and directed to execute the same on behalf of the City.
Section 2: This Resolution shall take effect and be in force from and after its passage and
approval.
DATED this 26th day of October, 2005.
CITY OF EAGLE
Ad County, Idaho
ATTEST:
M~~k(~o~
haro K. Bergmann, City C rk
Page 1
FIRST AMENDED AGREEMENT FOR LEGAL SERVICES
.tit-
THIS AGREEMENT, made the '2/' day of October, 2005, between the CITY OF
EAGLE, an Idaho municipal corporation (the "Ci~(), and the law firm of MOORE SMITH
BUXTON & TURCKE, CHARTERED, 225 N. 9 Street, Suite 420, Boise, ID 83702 (the
"Attorneys").
WHEREAS, the City is a municipal corporation duly organized and existing under the
general municipal laws of the State ofIdaho and desires to retain the services of Attorneys to
serve as city attorney to the City; and
WHEREAS, Attorneys are attorneys at law duly licensed and practicing in the State of
Idaho are experienced in the provision of the type ofIegal services desired by the City, and
desire to serve as city attorney to the City
NOW, THEREFORE, for and in consideration of the mutual promises contained herein,
the parties agree:
Section I: The following paragraph is amended as follows:
SECOND: The basic retainer fee payable by the City to Attorneys shall be Three
Thousand Dollars ($3,000.00) per month, plus any actual, documented out-of-pocket expenses
incurred by Attorneys on behalf of the City, including but not limited to, long-distance telephone
charges, copying expenses, and travel, payable in the month following the performance of the
services rendered by Attorneys. Attorneys shall bill the City for payment of the basic retainer
fee and expenses in the manner provided in paragraph THIRD below. For the basic retainer fee,
Attorneys shall provide at least thirty (30) hours to the city per month including attending regular
or special meetings 0 fthe City Council, regular or special meetings of the Planning and Zoning
Commission, office hours at City Hall and other legal services requested by the City.
Section 2: The following paragraph is amended as follows:
THIRD: Attorneys shall also, when authorized and requested by the Mayor and/or City
Council, perform the following additional legal services for the City:
(a) In addition to the meetings and telephone calls referred to in paragraph SECOND
above, render routine legal advice at City Councilor other meetings or by
telephone to the Mayor, City Council members, and other City employees
designated by the Mayor or City Council, on matters pertaining to the
performance of their official duties.
(b) Represent the City in all suits or actions at law in the courts of the United States
or the State ofIdaho to which the City shall be a party, except where the City
retains special counsel, or tenders defense of the matter to an insurance carrier.
FIRST AMENDED AGREEMENT FOR LEGAL SERVICES - I
(c) Draft or review all ordinances, resolutions, contracts, leases, deeds, or other legal
instruments or documents.
(d) Provide legal research and render written legal opinions to the Mayor, City
Council, or other agents or employees of the City as directed.
(e) Attend meetings of other boards and commissions of the City, and other
conferences and meetings as directed, in addition to those meetings referred to in
paragraph SECOND above.
For any ofthe foregoing services, Attorneys shall be compensated at the hourly rate of: $150.00
for Susan E. Buxton and Paul A. Turcke; $170.00 for Bruce M. Smith and Michael C. Moore;
$130.00 for Tammy A. Zokan, $125 for Christopher E. Yorgason and Stephanie J. Bonney;
$45.00 for legal assistants; and the regular hourly rate for the attorneys of the firm as may be
assigned to a matter. These hourly rates may be amended from time to time by resolution of the
City. Services of Attorneys may be provided by other members or associates. Attorneys shall
submit a bill for services for the preceding month, including any reimbursable out-of-pocket
expenses incurred by Attorneys on behalf of the City, to the City for payment prior to a regular
monthly meeting of the City Council, and the City shall approve the same and cause such bill to
be paid expeditiously; provided, that, should Attorneys fail to submit a bill for services prior to a
regular City Council meeting, the City shall not be relieved of its obligation to pay the same, but
shall not be required to act upon said bill until its next regular or special City Council meeting.
Section 3: Except as modified herein, all terms and conditions of the October 13,
1998, Legal Services Agreement shall remain in full force and effect. In the event of any
conflict between the Legal Services Agreement and this amendment, this amendment shall
control.
Section 4: the first Amended Legal Services Agreement shall be in full force and
effect as of October 1,2005.
[END OF TEXT, SIGNATURES TO FOLLOW]
IN WITNESS WHEREOF, the parties have set their hands the date and year first above
written.
FIRST AMENDED AGREEMENT FOR LEGAL SERVICES - 2
CITY OF EAGLE
Ada County, Idaho
ATTEST:
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-./ Sharon K.Bergmann, City lerk
MOORE SMITH BUXTON & TURCKE, CHARTERED
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'S'usan E. Buxton
Shareholder
FIRST AMENDED AGREEMENT FOR LEGAL SERVICES - 3