Legal Service - 2010 - Prosecution / Criminal Legal Services - 9/14/2010
~
~
~
MSUSAN LYNN&
IMURA ASSOCIATES PllC
CRIMINAL DEFENSE - BUSINESS .. FAMILY LAW
LETTER OF EN(;AGEMENT
CONTRACT FOR LEGAL SERVICES
September 3, 2010
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
(208) 939-6813
Flat Fee: $45,000/year ($3,750.00/month)
Plus additional hourly for excepted legal services
Mayor and City Council for the City of Eagle:
I am providing this letter to you in order to make sure that we have a mutual understanding of
what legal services are sought and how payment for those services will be provided. The terms
of engagement provide the framework for our professional elationship. THIS IS A
CONTRACT. If you have any questions regarding any of these terms, DO NOT SIGN this
contract. Instead, please contact me through your City Attorney so that we can clarify any
questions you may have. I want to make sure that you fully understand all of the terms and
conditions of this agreement and feel comfortable in signing it.
General BiIlinl! Information
In exchange for legal services provided, you agree to pay SUSAN LYNN MIMURA &
ASSOCIATES, PLLC. (hereinafter referred to as the "'Firm") a Flat Fee of $45,000.00 for one
year of service. The Flat Fee should be paid in twelve (12) payments of $3,750.00 per month,
payments being made on the 1 st day of each month, commencing October 1 st and the last
payment due on September 1, 2011.
The Flat Fees cover all of our Legal Services up to what is described in the "Scope of Wark"
section of this Agreement. The Firm cannot guarantee a particular legal result and the fees
therefore not be predicated on the outcome of your malter. Be assured that I will be diligent and
efficient in working on behalf of the public and your community.
Letter of Engagement
1
3451 E. Copper Point Drive Suite 106. Meridian, Idaho 83642. P: 208.286.3140' F: 208.286.3135
Leeal Fees
Please feel free to ask me any questions that you have regarding the Firm's fees for any matter. I
want you to be satisfied with both the quality of the legal services and the reasonableness of the
fees for those services. My Firm will attempt to provide as much billing information as you
require and I'm willing to discuss any billing format to suit your needs.
Costs
In addition to legal fees, you agree to pay the Firm for any extraordinary out-of-pocket expenses
for costs made on behalf of the State for certain support activities. Costs generally include fees
incurred for filings, recordings, certifications, depositions, transcripts or registrations made on
your behalf as well as costs for producing evidence or exhibits. As a general practice, I do not
charge for internal costs such are photocopies, faxing, or postage to you or opposing counsel.
During the course ofthe Firm's legal representation, it may become appropriate or necessary to
contract with third parties to provide services on your behalf. These services may include such
things as consulting or testifying experts, investigators, treatment providers, court reporters or
computer litigation support. These independent contractors are generally $50.00- $450.00 per
hour. Because of the legal "work product" protection afforded to services an attorney requests
from a third party, the Firm may, in certain situations:, assume responsibility for retaining the
appropriate service provider or "expert" with your prior approval. If the Firm does so, you are
responsible for paying the fees and expenses directly to the service provider, unless otherwise
agreed upon between us. You may pay estimated costs in advance to the Firm to be held in trust
until the expenses are incurred at which time the third party will be paid by the Firm. It is very
important to understand that you are responsible for all amounts owed for any advanced cost and
that these costs are not included in the "attorneys fees."
Onlv Lel!al Services Provided
The Firm will provide services of a strictly legal nature as described in this Contract for Legal
Services. Unless specifically stated in the Scope of Work, the Firm will not perform non-
attorney services
Scope of Work
The Firm is being retained and appointed to provide the prosecutorial legal services for the City
of Eagle as provided in Idaho Code 950-208A, and further described by reference in Idaho Code
931-2604 and under its authority provided in Eagle City Code 91-6-1A. In exchange for the flat
fee, the Firm will handle the criminal prosecution of misdemeanors and infractions occurring
within the city limits of Eagle, Idaho. This includes:
Screening of cases
Charging or filing of Uniform Citations
Preparation of Summons/Warrants
Prosecution
Letter of Engagement
2
Discovery process
Motions/Briefs
Court appearances
BAC hearings
Trial
Enforcement
Contempt/Probation Violations
Appeals to District Court
Victim's Rights Notifications
Monthly reporting of time and workload to City of Eagle
Those Other Lel!al Services not included in the flat fee are:
After normal working hours:
On-call service for legal advice to the Eagle law enforcement officers. In meeting with
Chief Hippe, Captain Folwell and Sgt. McDaniel, it was determined that they will establish a
protocol that will require a supervisor to screen and make the contact on behalf of the Eagle
officers where after-hour service is contemplated. Examples of when I may be utilized: Search
warrants for anticipated misdemeanor crimes where time is of the essence.
Police Training
Report Writing, Testifying, Search and Seizure, Use of Force, Public Records,
Civil Rights and Civil Liability. Will provide written updates on emerging case
law and new legislation, and enforcement of Eagle ordinances (Code
Enforcement).
Other Department Training
Code Enforcement for Planning and Zoning,
Annual Review of City Code for recommendation to City Council for amending, revising or
adding criminal ordinances in order to strengthen City's ability to enforce provisions, improve or
maintain the quality of life in Eagle.
Hourly rate: Discounted from standard rate $225.00/hour to $lOO.OO/hour.
Communication with Client
You agree to provide the Firm with such factual information and materials as may be required to
perform the services identified in this Scope of Work; however, the Firm has already undertaken
Letter of Engagement
3
the responsibility of retrieving files from the Ada County Prosecutor's Office, obtaining access
to 1ST ARS, the Judicial Repository, the IDOT Drivers Services records, the digital exhibits from
the Ada County Sheriff, and the scheduling requirements from the Trial Court Administrator.
The Firm will keep you advised of all developments as necessary to perform legal services and
will consult with you regularly to ensure timely, effective, and efficient completion oflegal
tasks. Reports as to time, caseload and information relevant to your budget needs and
administrative requirements will be provided regularly.
Regarding the Professional Rules of Conduct: attorneys are governed by ethical rules which
deserve emphasis. The responsibility of prosecutors is to enforce the laws, including the
protection of the civil rights guaranteed under the state and federal Constitutions. As a
prosecutor, the Firm will exercise its discretion, fairly and reasonably in light of all the evidence
and circumstances with regard to the particular case or matter.
You may have all copies of documents or billings sent to you either by mail or by email. Please
check and initial your preference:
_ Hard copy mail
-X- Electronically sent to email address:?h.ar-..---.G)C~ d-.p~1JL C)~
Conflicts in Representation
During the term of this engagement, my Firm will not accept the representation of another client
whose interests are adverse to the prosecution or Eagle's interests. Where a conflict or the
appearance of conflict exists, the Firm has made arrangements with your City Attorney, Moore
Smith Buxton and Turcke Chartered to act as a special prosecutor in those situations.
Termination of the Attornev-Client Relationship
While I hope to develop a long-term relationship with all of my clients, upon completion of these
matters as described in the Scope of Work, the attorney-client relationship will end unless you
and I have expressly agreed to the continuation with respect to the prosecution or other matters
as described herein. Due to the investment in the undertaking of providing Eagle with
prosecutorial services, this contract is not terminable for one (1) year, except upon either mutual
agreement evidenced in writing by both parties, or breach of contract by either party.
Acceptance of Terms and Conditions
By executing this contract below City of Eagle acknowledges that it understands and fully
accepts of all of the terms and conditions. If any term or condition is unacceptable to you or
ambiguous, please advise me immediately so we can resolve any differences and proceed with a
clear, complete and consistent understanding of our relationship. The contractual relationship is
Letter of Engagement
4
necessarily built on mutual trust and full communication. I invite you to freely discuss, at any
time, any questions that you may have regarding the Firm's representation.
I appreciate your decision to retain my Firm and will do my best to protect and promote your
municipality's interests to preserve the quality of life, protect the health, safety and welfare of
your citizens, and support the enforcement of those laws that promote your City's goals and
objectives. I am committed to diligently providing you with the highest quality legal services.
Susan Lynn Mimura
Managing Member
I have read the entire Letter of Engagement/ Contract for Legal Services. I understand its terms
and conditions, and agree to them.
Read and Accepted this JY#aayof 5~~Pe"'-, 2010.
CITY OF EAGLE
~d
Michael Huffake
Acting Mayor of
Letter of Engagement
5