Legal Service - 1986 - Agrt for Legal Services/Lindsay, Hart, Neil & Weigler/1986 - 12/9/1986
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made this 9th day of December, 1986,
between the CITY OF EAGLE, an Idaho municipal corporation (the
"City"), and MICHAEL C. MOORE, of the law firm of Lindsay, Hart,
Neil & Weigler, Boise, Idaho ("Attorney").
WHEREAS, the City is a municipal
organized and existing under the general
State of Idaho and desires to retain the
serve as city attorney to the City; and
corporation duly
municipal laws of the
services of Attorney to
WHEREAS, Attorney is an attorney at law duly licensed
and practicing in the State of Idaho, is experienced in the
provision of the type of legal services desired by the City, and
desires to serve as city attorney to the city.
NOW, THEREFORE, for and in consideration of the mutual
promises contained herein, the parties agree:
FIRST: Attorney agrees to
City Attorney, as attorney for the
therewith to render legal services
hereinafter.
serve,
City,
to the
under the title of
and in connection
City as set forth
SECOND: The basic retainer fee payable by the City to
Attorney shall be three hundred dollars ($300.00) per month, plus
any actual, documented out-of-pocket expenses incurred by Attorney
on behalf of the City, such as long-distance telephone charges,
copying expenses, and travel (but not including travel between
Attorney's home or office and the City), payable in the month
following the performance of the services rendered by Attorney.
Attorney 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, Attorney shall provide the following
services to the City:
~(a) Render routine legal advice at City Councilor
other meetings or by telephone to the Mayor, City
council, and City Clerk on matters pertaining to
the performance of their official duties.
~(b) Attend up to two (2) regular or special meetings of
the City Council and/or City Planning and Zoning
Commission per month.
Page I
THIRD: Attorney shall also, when
requested by the Mayor, perform the following
services for the City:
(a) 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, including
criminal prosecution matters brought by the City,
except where the City retains special counsel.
authorized and
additional legal
(b)
Draft or review all
contracts, leases, deeds,
ments or documents.
ordinances,
or other
resolutions,
legal instru-
(c) Provide legal research and render written legal
opinions to the Mayor, City Council, City Clerk, or
other agents or employees of the City as directed.
(d) Attend meetings of the City Council, 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, Attorney shall be compensated,
in addition to the basic retainer fee provided in paragraph SECOND
above, at the rate of $75.00 per hour for time actually expended
by Attorney. Services of Attorney may be provided by other
members or associates of Attorney's firm, but compensation for
such services shall not exceed the rates set forth above.
Attorney shall submit a bill for services for the preceding month,
including any reimbursable out-of-pocket expenses incurred by
Attorney on behalf of the City, to the City for payment prior to
the regular monthly meeting of the City Council, and the City
shall approve the same and cause such bill be to paid
expeditiously; provided, that, should Attorney fail to submit a
bill for services prior to the 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: Attorney shall not 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 ~~&i~, except
where such advice is requested by the Mayor or City
Council.
Page 2
(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
City.
FIFTH: The term of this agreement shall be one year
commencing on January 1, 1987, and shall continue from year to
year until terminated as provided hereinafter. The parties may,
however, upon the written request of either party during the
annual budget adoption process of the City, renegotiate any of the
terms of this agreement, any mutually agreed-upon changes to take
effect as of the following January 1.
SIXTH: This agreement may be terminated by either party
upon the giving of at least thirty (30) days' notice of termin-
ation to the other party. No notice of termination of this agree-
ment may be given by the City except following the procedures
prescribed in section 50-206, Idaho Code. The parties may, by
mutual consent, terminate this agreement at any time.
IN WITNESS WHEREOF, the parties have set their hands
the date and year first above written.
CITY OF EAGLE
Ada County, Idaho
By
Mayor
ATTEST:
..--------
( SEAL)
Michael C. Moore
Page 3
LINDSAY. HART. NEIL & WEIGLER
LAWYERS
WORLD TRADE CENTER BUILDING
SUITE 3704
P.O. 57
2-4-1 lIAMAMATSU-CHO
MINATO"KU
TOKYO 105 JAPAN
1031 432-8998
SUITE 400
JEFFERSON PLACE
350 N. 9TH
BOISE, IDAHO 83702
SUITE 1800
222 S. W COLUMBIA STREET
PORTLAND, OREGON 97201.6618
15031226-1191
TELEPHONE (208) 338-8644
TELECOPIER (206) 338,6633
2011 EYE STREET. N. W.
WASHINGTON,D.C.20036
(202) 296-3006
MICHAEL C. MOORE
December 2, 1986
Barbara Montgomery
City Clerk
City of Eagle
P. O. Box 477
Eagle, Idaho 83616
Dear Barbara:
Enclosed are two copies of an agreement for legal services.
I would appreciate it if you and Mayor Haley would review these
and call me this week if the City wants any changes. We will make
the changes and see that you receive the revised contract on
Monday.
Thank you.
Michael C. Moore
MCM:kj
Enclosures
LINDSAY, HART. NEIL & WEIGLER
LAWYERS
WORLD TRADE CKNTER BUILDING
SUITE 3704
P.O. 57
2.4-1 HAMAMATSU-CHO
MINATO-KU
TOKYO 105 JAPAN
1031 432-8998
SUITE 400
JEFFERSON PLACK
350 N. 9TH
BOISE, IDAHO 83702
SUITE 1800
222 S. W. COLUMBIA STREET
PORTLAND, OREGON 97201-6618
(503) 226-1191
TELEPHONE (206) 338.6644
TELECOPIER (206) 338-6633
2011 EYE STREET, N. W.
WASHINGTON. D.C. 20036
(2021 296'3006
MICHAEL C. MOORE
October 23, 1986
Barbara Montgomery
City Clerk
City of Eagle
P.O. Box 477
Eagle, Idaho 83616
Dear Barbara:
As we discussed, enclosed is a resume of our firm's municipal
law services. I would be pleased to serve as your city attorney
on any mutually-agreeable fee basis, and would be available at the
convenience of the Mayor and Council to discuss this further.
Sincerely,
Lm?T' CEIGLER
Michael C. Moore
MCM/lk
Enclosure
rDJ~r;~\r?nf'''~ '"=;)
L~JI~~~ '21
JHAEL PETER ALCAN'IA.R, p, C.
...NATHAN A_ ATER
THOMAS A. BALMER
JAMES H. BEAN
STEVEN K. BLACKHURST
PETER J. BURGER
WILLIAM C. CAMPBELL
CATHERINE S. COOKE
DoUGLAS R. COURSON
MARK S. DODSON
DAVID T. DOUTHWAITE
ROY L. EIGUREN >k
VALERIE D. FISHER
MARK E. FOSTER
JAMES N. GARDNER
DOUGLAS E. GOE
DAVID J. GOLD
P. CAMPBELL GRONER III
MICHAEL E .IlAGLUND
RICK HASELTON
JAMES F. HENSEL
CAROL A. HEWITT
I.ARRY G. HITTL E
MICHAEL K. KELLEY
JAMES M. KENNEDY
RHONDA W. KENNEDY
W. W. KIRTLEY
JACK L. LANDAU
FRANH V. LANGFITT III
STEVEN E. LARSON
DENNIS LINDSAY
DAVID H. LoHMAN
GLEN MCCLENDON
THOMAS E. McDERMOTT
MICHAEL C. MOORE*
CARL R. NEIL
ELIZABETH NEWCOMB
DANIEL A. NYE
LINDSAY, HART. NEIL & WEIGLER
LAWYERS
SUITE 400
JEFFERSON PLACE
350 N. 9TH
BOISE. IDAHO 83702
TELEPHONE (2061 336-6844
TELECOPIER12061336-6633
W. HUGH O'RIORDAN'
STEVEN R.ORMISTON*
TURID L. OwREN
ROBERT W. PALMER
CATHERINE RI FFE
RICHARD D_ ROBERTS
IIARVEY W. ROGERS
RONALD L. SAXTON
JACK W. SCHIFFERDECKER, JR.
LINDA M. SELUZICKI
MICHAEL W. SHACKELFORD
ROBERT C. SHOEMAKER
DANIEL H. SKERRITT
DOUGLAS D. SMITH
STEPHEN J. SMITH
WH. DAVID SPRAYBERRY
CORY STREISINGER
GRANT E. TANNER
PAUL S. TAYLOR
WILLIAM M. TOMLINSON
CATHERINE S. TRAVIS
LINDA TRIPLETT
HARK A. TURNER
JERARD S. WEIGLER
JULIANA B. WELLMAN
JANICE R. WILSON
STEVEN E. WYNNE
OF COUNSEL
AllAN BART
KEVIN L. MANNIX. P. C.
R. W. NARSTOLL
THOMAS D.WILCOX,P.C"
"'ADMITTED IN IDAHO
Mike Moore is a long-time Idaho municipal attorney with
extensive local government and municipal finance experience. Mike
graduated from the University of Idaho College of Law in 1968, was
admitted to the Idaho State Bar that year, and began his law
practice in Lewiston, where he served as City Attorney from 1971
to 1978 and again from 1982 to 1983 before entering private
municipal bond law practice. Mike also served as Boise City
Attorney and was the first Chief of the Local Government Division
of the Idaho Attorney General's office.
MUNICIPAL LAW RESUME
MICHAEL C. MOORE
For many years, Mike also taught local government law at the
University of Idaho College of Law while serving as Lewiston City
Attorney. He has been a frequent speaker for the Association of
Idaho Cities, and regularly helps conduct training workshops for
city officials. He has written numerous articles, pamphlets, and
other publications on Idaho municipal law. Mike serves as
general counsel to the Association of Idaho Cities and is
frequently consulted by city attorneys, mayors, and city council
members for advice and assistance. In his general municipal
practice, Mike has also served as special counsel to several Idaho
cities in a wide variety of matters involving litigation, zoning
disputes, financial questions, and labor negotiations, and has
recently served as special counsel to a department of the State
of Idaho on a legal matter involving the financial powers of the
State. Mike is also a recognized municipal bond attorney and has
served as bond counsel to several Idaho cities, counties, and
other entities.
PORTLAND: SUITE 1800,222 S. W. COLUMBIA STREET, PORTLAND, OREGON 97201-8618 15031228'1191
TOKYO: WORLD THADE CENTER BUILDING, SUITE 3704; P. 0.57; 2'4-1 HAMAMATSU'CHO; MINATO-KU, TOKYO 105 JAPAN (03)432'8998
WASHINGTON, D. C.: 2011 EYE STREET, N. W:; WASHINGTON, D. C. 20036 12021 296-3006