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Legal Service - 1992 - Legal / Davis Wright Tremaine - 7/1/1992 AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT, made this 1st day of July, 1992, between the CITY OF EAGLE, an Idaho municipal corporation (the "City"), and the law firm of DAVIS WRIGHT TREMAINE, Boise, Idaho ("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 of legal 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: FIRST: Attorneys agree to serve, under the title of City Attorney, as attorney for the City, and in connection therewith to render legal services to the City as set forth hereinafter. SECOND: The basic retainer fee payable by the City to Attorneys shall be one thousand dollars ($1000.00) per month, plus any actual, documented out-of-pocket expenses incurred by Attorneys on behalf of the City, such as long-distance telephone charges, copying expenses, and travel (but not including travel between Attorneys' home or office and the City), 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 attend up to two (2) regular or special meetings of the City Council per month and provide three (3) hours of legal service over the phone per month to the Mayor, City Council members, and City Clerk THIRD: Attorneys shall also, when authorized and requested by the Mayor, perform the following additional legal services for 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) 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 Page 1 prosecution matters brought by the City, except where the City retains special counsel. (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, City Clerk, or other agents or employees of the City as directed. (e) Attend meetings of the City Council, other boards and commlssions 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, in addition to the basic retainer fee provided in paragraph SECOND above, at the rate of not more than $95.00 per hour for time actually expended by Attorneys. Services of Attorneys may be provided by other members or associates of Attorneys' firm, but compensation for such services shall not exceed the rates set forth above. 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 the 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 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: Attorneys 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 Council, except where such advice is requested by the Mayor 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 City. FIFTH: The term of this agreement shall commence on July 1, 1992, 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 Page 2 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 termination to the other party. No notice of termination of this agreement 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 ::~ ~-, Mayor 6" ~ .:r -1 .... ... : ..".. "". Q~"""" .: '-J 08 .. '\..A ':, lSErr.Ay..PO~"'1 \.....': .. r-CY' ;.~ . . : *. ~D... -. : - .. *". - . . - .~ If""IE r\ · .. : ~.~," I L...... .. · .00'U. 4. ,..1\: : ..", .....,... ~ U\~ '\:/>0' :? ..- i .... <.4Q;."..~~t\.1~~.~O ...... ':.. 'I( It' ~,' -:... '" ,,,: OF IU~'\. ,," ff, ,., ""UIIII.1 DAVIS JVfIZTj TREMAINE A' t By , ____' ) '7/ "'-" ( f...- Michael C. Page 3 DAVIS WRIGHT TREMAINE LAW OFfICES 702 WEST IDAHO STREET . SUITE 700 . BotSE. IOAHO 83702 (208) 338-8200 Roy L. EIGUREN PARTNER IN CHARCE February I, 1992 To our clients: During the past year we have been identifying ways to improve our billing and collection procedures. As a result of discussions with many of our clients, we've instituted several new procedures, such as providing more detailed invoices as well as summary billings for clients with multiple matters. Staning with the enclosed set of invoices, our firm's Boise clients will send their fee and cost payments directly to our Boise office. This allows our Boise-based lawyers and administrative personnel to more quickly and efficiently respond to your questions and comments concerning our bills. Accordingly, please direct all questions and comments concerning these and future invoices directly to either the Boise attorney responsible for providing legal services to you or to our Boise Office Administrator, Michael Berry. Effective January I, our firm has instituted a new policy for client chargeable expenses. A copy of the policy is enclosed. In short, our new policy provides that we will bill you for such expenses at our actual cost plus a small administrative overhead cost in certain circumstances. We do not use client chargeable expenses as a way to increase our profitability. Further, we do not bill clients for ordinary and customary costs that are traditionally included in a lawyer's hourly fee, such as word processing. \. Also enclosed is our 1992 hourly fee schedule. As is always the case, our hourly fee schedules are not applicable to those circumstances where we serve clients under alternative fee arrangements. We thank you for your selection of Davis Wright Tremaine to serve you as counsel. ' We consider it a pleasure and a privilege to be your lawyers. Please contact me or Mark Hutcheson, our firm's Managing Partner, with questions or comments at any time. With regards, DA VIS WRIGHT TREMAINE ~ \.. S'1vV~ Roy L. Eigureo Partner in ChargelBoise Enclosures f: \docl\eicur\admin\clicat.1lr FAX: (208) 3)8-8299 A....CHORACE. ALASKA . BEllEVUE, \XASHINCTOS . HO:OO;Oll!lU, HA\l,AiI . Los A....CElES. UlIFOR.....IA PoRTlA:-;O, OREGO:-; . RICHlA:'-:D, \XASHISCTOr-; , SA... FRAo,,;CISCO. CAlIFOR"... . 5EAITlE. W..SHIo,,;CTOo,,; . \X:...SHI:-;CTOo,,;, D.C. ~ 'II'.- >.. . ~ 0 ... - ilL -...-' '.... - , : _l- - J DAVIS WRIGHT TREMAINE LAw OmCES 702 WEST IDAHO STREET . SUITI 700 . BoISE, IDAHO 83702 (208) 338-8200 1992 Hourly Billing Rates for Davis Wright Tremaine Attorney Standard Rate Roy Eiguren Hugh O'Riordan Mike Moore Michael Brassey Scott Campbell Josephine Beeman Mona Mack Peter Richardson John McFadden Gary Allen Lou Grant Susan Buxton $140 $140 $125 $125 $120 $125 $105 $105 $105 $105 $ 75 $ 75 These rates are effective for all time worked as of January 1, 1992. Time worked prior to January 1, 1992, will be billed at the billing rate in effect at that time. Eu: (208) 3)8-8299 ANCHORAGE, Au.SKA . BEllEVUE, WASHINGTON . Los ANGELES, WIFORNlA . PoRTLAND, o.u:GON RICHlA."ID, WASHINGTON' SEAlTlE, WASHINGTON' WASHI'IGTO-';, D.C. DAVIS WRIGHT TREMAINE LAw OFFICES 702 WEST IDAHO STREET . SUITE 700 . BoiSE, IDAHO 8)702 (208) ))8-8200 Davis Wright Tremaine maintains a standard policy for client chargeable expenses. In addition to the hourly fee, clients will be charged for expenses as follows: Davis Wright Tremaine Policy for Client Chargeable Expenses Photocopy charges: Photocopies are charged at $.20 per COpy. Fax charges: Faxes are charged at $1.50 per page (including COver page) plus any long distance charges. Long distance: Long distance calls are charged using rate tables supplied by the local interconnect companies. The rates include a factor for the cost of local calls. Postage: Postage charges eXceeding $2.00 per mailing will be charged to the client. Computerized legal research: All computerized legal research is charged at Our cost. Secretarial overtime: Additional charges for staff support will be evaluated on a case-by-case basis and charged to the file only if absolutely necessary. Other: All costs advanced or chargeahle expenses not listed are billed at our direct cost. FAX: (208) 338-8299 ANCHORAGE, ALASKA . BEllEVUE, WASHl"IGTON . Los ANGELES, CALIfOR."I'A . PoRTlAND, OREGON RJCHlAND, WASHINGTON' SEATTLE, WASHINGTON . \l:~SHI"GTO", D.C.