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HomeMy WebLinkAboutProfessional Services Agreement for appointment of City Attorney White, Peterson, Pruss, Morrow and Gigray, P.A.i 1 AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian White, Peterson, Pruss, Morrow & Gigray, P.A. THIS AGREEMENT made this 1st day of October , 1999, by and between the City of Meridian, a Municipal corporation organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "Meridian", and the firm of White, Peterson, Pruss, Morrow ~ Gigray, P.A., a professional association, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "WPPMG". DEFINITIONS: 1. "Additional Legal Services" means and refers to legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and/or judicial confirmations and other matters involving legal actions against the City of Meridian not covered by the City's Insurance Carrier and/or matters involving litigation pursued under federal regulation and/or matters involving particular expertise under federal regulations. 2. "Contract Legal Services" means and refers to the provision of legal services to prosecute all criminal misdemeanors, infractions, and code enforcement action involving matters occurring within the corporate limits of or initiated by Meridian or involving the enforcement of City ordinances and/or Idaho State Law; and the provision of legal services which shall include staffing of all City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal work, but this definition does not include circumstances when Meridian is required to provide separate legal counsel in employment matters, or matters under the jurisdiction of the state and or federal government. AGREEMENT - 1 3. "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 4. "Meridian" means and refers to the City of Meridian a municipal corporation organized and existing under the laws of the State of Idaho, party to this Agreement. 5. "WPPMG" means and refers to White, Peterson, Pruss, Morrow ~ Gigray, P.A. an Idaho Professional Association organized and existing under the laws of the state of Idaho for the purpose of providing Legal Services. II RECITALS WHEREAS Meridian is to appoint a city attorney as provided in Idaho Code § 50-204; 2. WHEREAS Meridian is in need of legal services to prosecute all criminal misdemeanors and infractions and code enforcement actions involving matters occurring within the corporate limits of or initiated by Meridian involving the enforcement of City ordinances and/or Idaho State Law; and 3. WHEREAS Meridian is in need of legal services which shall include attendance at all City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal work. 4. WHEREAS Meridian may from time to time need additional legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and or judicial confirmations; and 5. WHEREAS WPPMG provides legal services for municipalities and is AGREEMENT - 2 willing and capable of providing Legal Services and Additional Legal services to the City of Meridian under the terms of this agreement. III TERM: The term of this Agreement shall commence on the date hereinafter set forth and shall be for an initial term commensurate with the fiscal year, subject to renewal and negotiation on scope of work and compensation as hereinafter provided for. IV SCOPE OF WORIG WPPMG shall perform Contract Legal Services and Additional Legal Services for the City of Meridian in accordance with the provisions of this agreement. V. APPOINTMENT OF CITY ATTORNEY: For purposes of the legal requirements of I.C. § 50-204, Meridian appoints the Directors and lawyer associates employed by WPPMG as City attorney. VI. COMPENSATION: For Contract Legal Services Meridian shall pay WPPMG the sum of Thirty Three Thousand and No/100 Dollars ($33,000.00) per month; and 2. For Additional Legal Services Meridian shall pay WPPMG the sum of One Hundred and No/100 Dollars per hour for judicial review matters and for other Additional Legal Services based upon agreement between Meridian and WPPMG as authorized by the Mayor and City Council as a reasonable fee for the type of legal service required. VII COSTS: recording fees, exhibit costs and subpoena and witness fees and travel costs will be billed separately as incurred by WPPMG as authorized by Meridian. VIII RE-NEGOTIATION OR TERMINATION: At the time of the preparation of the budget in accordance with the procedures of Meridian, WPPMG shall submit its proposal for the scope of work and compensation for the following fiscal year. Meridian and WPPMG shall negotiate in good faith the appropriate provisions for the scope of work and compensation in accordance with the budget process. AGREEMENT - 3 2. This agreement may be terminated upon mutual agreement of the parties, or Meridian may terminate this agreement with 60 days notice by following the procedure for removal of appointive officer set forth in I.C. § 50-206 or WPPMG may terminate this agreement with 90 days notice. IX GENERAL PROVISIONS: Alterations: No change, alteration, modification, or addition to this agreement shall be effective unless in writing and properly executed by the parties hereto. 2. Governing Law. This Agreement shall in all respects be subject to, and governed by, the laws of the State of Idaho. 3. Notices: All notices required to be given to each of the parties hereto under the terms of this Agreements shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: City of Meridian 33 E. Idaho Meridian ID 83642 White Peterson Pruss Morrow ~ Gigray, P.A. 200 E. Carlton Ave Meridian ID 83642 4. Headings. The Article and Section headings in this Agreement are inserted for convenience only and are not part of the Agreement. 5. Severability: In the event any section, paragraph, or portion of this agreement shall be or be deemed to be by any court having lawful jurisdiction of the subject matter of this agreement void, voidable, or invalid for any reason, this agreement shall be otherwise valid and enforceable as if said void, voidable, or invalid section, paragraph or portion of this agreement had not been a part hereof in the first instance. AGREEMENT - 4 6. Counterparts: This agreement shall be executed by the parties in two (2) counterparts, and each such counterpart shall be deemed an "original". IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written`~~ti,,,,,,,,,,~~~~~~, ~'G ~o =. CITY OF MERIDIAN r fi r,, ~y: .%J,n O ~ ~`~w RT D. CORRIE, MAYOR id .~ Cf~ C~~c.lc WHITE, PETERSON, PRUSS, MORROW ~ GIGRAY, P.A. By: ey/Z:\Work\M\Meridian 15360M\Meridian Presentation\wfgAgreement AGREEMENT - 5 CERTIFICATE OF PROFESSIONAL ASSOCIATION RESOLUTION OF WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. I, Philip A. Peterson, do hereby certify that I am the Secretary of WxrrE PETERSON, PRUSS, MORROW & GIGRAY, P.A., and I do hereby further certify that at a meeting of the Board of Directors of the professional association, duly called, held and convened according to the articles and bylaws of the professional association on the 30th day of November, 1999, at 11:30 A.IVI. , a quorum being present and voting thereon, the following resolution was presented to the Board of Directors and approved by it; that the following is a full, true and correct copy of the resolution as it appears in the records of the professional association; that it has not been altered, amended or repealed and is now in full force and effect; and that I am the duly authorized and proper officer of the corporation to make certified copies of its records in its behalf. RESOLVED, by the Board Of DlrectorS Of WHITE PETERSON, PRUSS, MORROW & GIGRAY, P. A. , that Wm. F. Gigray, III, a Vice President of the corporation, be authorized to enter into, on behalf of said professional association, an agreement entitled "Agreement for the Appointment of City Attorney, the Provision of Legal Services and for Payment of Attorney Fees and Costs," by and between the City of Meridian, Idaho, and WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. , a copy of which is attached hereto marked as Exhibit "A" to this resolution, and to bind this professional association to its terms and conditions. IN WITNESS WHEREOF, I have signed my name and affixed the corporate seal on this 4th day of January, 2000. i ~' ~~ Phi p A. Pe erson - ;,.~-.._--_ ° ~= ~ ~ Corporate Secretary -. ~ =_ (CORP\ORATE S>~i,) _ __ \_ CERTIFI~A'~E OF CORPORATE RESOLUTION OF WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. FF/A : \W PP-CORD-RES 140. wpd RESOLUTION NO 280 BY:~i~/~ irk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS", DATED THE DAY OF ~G~ ~ .1999, BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., denoted as Agreement For The Appointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., entitled "Agreement For The Appointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs" dated the day of ~G,`~h~ ~~'~, by and between the City of Meridian and White, Peterson, Pruss, Morrow & Gigray, P.A., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION - 1 ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7~ day of ~~. PPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7~ day of ~~' AYOR ATTEST: \`,` J~`,,, i, i rl ~ i +.+aiii,. i ~~~ '~~ ~ f'fr `* ~r ` ~ *` ~ ,~ CITY CLERK _ ~~, ~~ _ ~ ~ z ey/Z:\ Work\M\Meridian 15360M\Meridian PresentatioiL) Res 1 ~ ~''~ T'~ `,rte ,y7 P~~~ RESOLUTION - 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of it records and minutes and do hereby certify that on the ~ day of / ~'i-- ,/9q9 the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS", DATED THE ~ DAY OF OC~6PiL- /~Cl,~ , BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., denoted as "Agreement For The Appointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., entitled "Agreement For The Appointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs" dated the day of ©C--~ (Pig- l~j l~ , by and between the City of Meridian and White, Peterson, Pruss, Morrow & Gigray, P.A., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 ````~~Illi{111/1~~~`,' G~ ~a'o~~ TF ~ ~~ r ; 9 ~T 15~ ' ~ ~~ ,,~ O,a ~~ ``~,~ STATE OF IDAHO, ) County of Ada, . ss: j2~t-t---~/~u ~ ' WILLIAM G. BERG, JR. CITY CLERK On this ~~ l~cl~ day of e ~ ~h~-~ in the year z686', before me, ~(hv1 t' ~ ~~Dlcl,i~1'i uv a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .~~~~~~• • s •~`~, E.___G~ • ~~ ` ~ (SEAL) :~~ ~ ~ ~ 'a~ • ~, ;~ jy ~Ug~,1G~~;~~O,: '•~OFIDP''~' ~~ . Notary lic for Idaho r Commission Expires: ~ I ~~' ~ ~-~ msg/Z:\Work\M\Meridian 15360M\Meridian Presentation\CertifClerkMayorRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2