Resolution - 2007 - 37 - Approve Second Amended Agreement For Legal Services With Msbt Chartered - 12/18/2007
RESOLUTION NO. 07-37
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING
SECOND 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 EFFECTIVE 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 Second 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 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~day of December 2007.
CITY OF EAGLE
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Nancy C. Merrill, Mayor ~
ATTEST:
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K:\COUNCIL\Resolutions\draft resolutions\07-37 second amendment to legal sery contract doc
SECOND AMENDED AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made the 18th day of December 2007, between the CITY OF
EAGLE, an Idaho municipal corporation, (the "City"), and the law firm of MOORE SMITH
BUXTON & TURCKE, CHARTERED, 950 W. Bannock Street, Suite 520, Boise, Idaho 83702
(the "Attorneys").
WHEREAS, the City is a municipal corporation duly organized and existing under the
general municipal laws of the State of Idaho 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 oflegal 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 1: The following paragraph is amended as follows:
SECOND: The basic retainer fee payable by the City to Attorneys shall be $3,500.00 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 of the 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 of Idaho 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.
(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 of the foregoing services, Attorneys shall be compensated at the hourly
rate of $190.00 for Shareholders; $165.00 for senior associates; $150.00 for associates
and $55.00 for legal assistants; and the regular hourly rate for the attorneys of the firm as
may be assigned to the 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, 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 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
26,2005 First Amended Agreement for Legal Services 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 Second Amended Legal Services Agreement shall be in full force
and effect as of December 18, 2007.
IN WITNESS WHEREOF, the parties have set their hands the date and year first above.
CITY OF EAGLE
Ada County, Idaho
Nancy C. Merrill, Mayor
ATTEST:
K:\COUNCIL\Resolutions\draft resolutions\Res 07-37 altachmentdoc
Sharon K. Bergmann, City Clerk
MOOORE SMITH BUXTON & TURCKE
Susan E. Buxton, Shareholder
K:\COUNCILlResolutions\draft resolutions\Res 07-37 altachmentdoc