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HomeMy WebLinkAboutAgreement for Reappointment of City Attorney with White, Peterson, Morrow, Gigray, Rosman, Nye and Rosman, P.A.AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian White, Peterson, Morrow , Gigray, Rossman, Nye SL Rossinan, P.A. THIS AGREEMENT made this 2D day of S , 2000, 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, Morrow, Gigray, Rosman, Nye Sz Rosman, P.A., a professional association, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "White Peterson". I. 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; and civil matters in which the City of Meridian is a plaintiff or petitioner. 2. "Contract Legal Services" means and refers to the provision of legal services to prosecute all criminal misdemeanors, infractions, and criminal 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 regular 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 AGREEMENT - 1 government. In addition to the foregoing, "Contract Legal Services" shall mean and refer to prosecution of civil lawsuits and non-judicial action related to civil code enforcement, up to 200 hours per fiscal year, as directed by the Mayor and Council. 3. "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October I st 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. "White Peterson" means and refers to White, Peterson, Morrow, Gigray, Rosman, Nye SL Rosman, 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 1. 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 regular and special City Council meetings 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 AGREEMENT - 2 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 White Peterson provides legal services for municipalities and is 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 WORD: White Peterson 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 White Peterson as City attorney. VI. COMPENSATION: 1. For Contract Legal Services Meridian shall pay White Peterson the sum of Thirty Nine Thousand and No/100 Dollars ($39,000.00) per month; and 2. For Additional Legal Services Meridian shall pay White Peterson 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 White Peterson 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 White Peterson as authorized by Meridian. VIII RE-NEGOTIATION OR TERMINATION: 1. At the time of the preparation of the budget in accordance with the AGREEMENT - 3 procedures of Meridian, White Peterson shall submit its proposal for the scope of work and compensation for the following fiscal year. Meridian and White Peterson shall negotiate in good faith the appropriate provisions for the scope of work and compensation in accordance with the budget process. 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 White Peterson 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, Morrow, Gigray, Rossman, Nye SL Rossman, 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 AGREEMENT'- 4 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. 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. CITY OF MERIDIAN By: . OB RT D. CORRIE, MAYOR WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE &. ROSSMAN, P.A. ,~~ msg/Z:\Work\M\Meridian 15360M\Meridian Presentation\2000-01 RetainerAgmt39I< AGREEMENT - 5