Legal Service - 1998 - City Attorney / Legal Services - 10/13/1998
JAN. -'5' 99 (MON) 09:25 MOORE & iADDEN ern
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made this ~y of ~ , 1998, between
the CITY OF EAGLE, an Idaho municipal corporation (the "City"), and the law firm of
MOORE & McFADDEN, CHARTERED, 999 Main Street, Suite 910, Boise, Idaho 83702
(the "Anorneys").
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 setvices of Attorneys w
serve as city attorney to me 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 of legal services desired by the City, and
desire m serve as city anorney to the City.
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein. the parties agree:
FIRST: Attorneys agree to serve, under the title of City Attorney, as Civil attorney
for the City, and in connection therewith to render legal services to me City as se[ fonh
hereinafter. ~
SECOND: The 5 Q.,y lainer fee payable by the City to Attorneys shall be Three
Thousan Do!~3~.OO) per month. plus any acroal, documcnted out-of-pocket
expenses incurred by Attorneys on behalf of the City, including, but not limited to, long-
distanee 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 shan attend up to two (2) regular or special meetings of
the Ciry Council per monrh and provide up to four (4) hours of legal services per monrh to the
Mayor. City Council members, and City Clcrk:, and/or for preparation for such meetings.
Additionally. for the basic retainer fee. Attorneys shall attend up to twO (2) planning and
zoning meetings per month and provide up to four (4) hours of legal services per month to the
planning sr.aff, Commission members, and for preparation for such meetings.
THIRD: Attorneys shall also, when authorized and requested by the Mayor and/or
City Council, perfonn the following additionallegaJ 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 Council or other meetings
or by relephone to the Mayor, City Council members, and orner City employees
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(b)
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designated by the Mayor or City Council, on matters pertaining to the
performance of [heir official duties.
Represent the City in all suits or actions at law in the courts of the Unired StateS
or the State of Idaho to which the City shall be a party, except where the City
rerains special counsel, or tenders defense of the matter to an insurance carrier.
(e)
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 me foregoing services, Attomeys shall be compensated at the hourly rare of: $100
per hour for legal services and for any travel time, plus reimbursement of out-ot-pocket
expenses necessarily incurred. Services of Attorneys may be provided by other members,
associates, or agents of Attorneys' firm, but compensation for such services shall not exceed
the rates set forth above. Attorneys spall submit a bill for services for the preceding month,
including any reimbursable out-of-pocket expenses incurred by Attorneys on behalf of the
City, EO 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.
FOURTH: Attorneys shall !!Q! be required to render the following services:
(a) Private legal advice not pertaining to City business to any City official or
employee.
(b) Legal advice pertaining to City business to individual members of the City
Council, except where such advice is requested by the Mayor and/or City
Council.
(c) Defense of court actions against the City where an insurance carrier renders a
legal defense,to the City or where special counsel is retained by the Ciry.
(d) Legal services for criminal prosecution.
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JAN. -~5' 99 (MON) 09:26 MOORE & PADDEN CTD
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FIFTH: The term of this agreement shall commence immediately, and shall continue
from month to month until tcnnina.ted as provided hereinafter. The parties may, however,
upon the written request of either patty, renegotiate any of the tenus of this agreement. any
muwally agreed-upon changes to take effect as of the following momho
SIXTH: This agreement may be terminated by either party upon the giving of at least
thiny (30) days' notice of termination to the other party. Notice of termination of this
agreement may be given by the City except following me procedures prescribed in Section
50-206, Idaho Code. TIle parties may, by mutual consent, terminate mis agreement 3I any
time.
SEVENTH: This Agreement shall be governed by and construed in accordance wirh
the laws of the State of Idaho.
EIGHTH: Notice under tI1i~ Agreement shall be in writing and shall be effective when
acwally delivered. If mailed, no~ce shall be deemed effective 48 hours afrer mailing as
registered or certified mail, POStage! prepaid, directed to the other party at the address set forth
below or such other address as the party may indicate by written notice to the other:
i
Moore & McFadden, Chartered City of Eagle
999 Main Street. Suite 910 I P.O. Box 477
Boise, Idaho 83702 I Eagle, Idaho 83616
NINTH: This Agreement flntains the entire understanding between and among the
patties and supersedes any prior understandings and agreements among them respecting me
subject matter of this Agreement. .
J
TENTH: The parties here~ covenant, warrant and represent to each other good faith,
complete cooperation, due diligence and honesty in fact in the performance of all obligations
of the parties pursuant to this Agreement. All promises and covenants are mutual and
dependent.
ELEVENTH: If any provision of this Agreement, or the application of such provision
to any person or ciraunstance, shall be held invalid, the remainder of this Agreemen[, or me
application of such provision to persons or circumstances other than those as to which it is
Ileld invalid, sball not be affccred jrebY.
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JAN..-?5' 99 (MON) 09:27 MOORE & FADDEN ern
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IN WITNESS WHEREOF 1 the parties have set their bands the dare and year first
above written.
A TrEST:
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./" City Clerk
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CITY OF EAGLE
Ada County. Idaho
By
~~
or
MOORE & McFADDEN, CHARTERED
_~M-
Susan E. Buxton
Shareholder