02-384 Terminate Legal Services
RESOLUTION 02-384
BY THE CITY COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY
A RESOLUTION APPROVING THE STIPULATION TO TERMINATE AGREEMENT
FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL
SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST
SAID STIPULATION ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the Stipulation to Terminate Agreement For The Reappointment
of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees
And Costs, a copy of said Agreement marked Exhibit "A" attached hereto and
incorporated herein by reference, be, and the same is hereby, approved as to both form
and content.
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to
respectively execute and attest said Agreement for and on behalf of the City of
Meridian.
Section 3. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
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27 -day of
ADOPTED by the Council of the City of Meridian, Idaho, this
/lvc-~t' of- , 2002.
v
APPROVED by the Mayor of the City of Meridian, this
;::fur¡- t ,2002.
2- 7~ day of
STIPULATION TO TERMINATE AGREEMENT FOR THE REAPPOINTMENT OF
CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT
OF ATTORNEY FEES AND COSTS
City of Meridian (CITY)
White, Peterson, Morrow, Gigray, Rossman, Nye, & Rossman, P.A. (WHITE-
PETERSON)
WHEREAS, the CITY having decided to consider new Requests for Proposals (RFP) for
Legal Services.
WHEREAS, the current agreement between the CITY and WHITE-PETERSON must be
terminated to allow for a new agreement to be negotiated between the party or parties that are the
successful bidders from this new RFP.
WHEREAS, the Mayor and at least one half plus one members ofthe City Councilor the full
Council acting alone are prepared to vote to terminate the current agreement in accordance with
Section VIII of the Agreement and I.C. 50-206.
WHEREAS, the CITY and WHITE-PETERSON want to give ample notice that the
current agreement will be ending at a fixed date in the future.
THEREFORE, the above parties having entered into an Agreement for the
Reappointment of City Attorney, the Provision of Legal Services and for Payment of Attorney
Fees and Costs (AGREEMENT) on the 16th day of October, 2001 now hereby stipulate to
terminate said agreement. Pursuant to VIII RE-NEGOTIATION AND TERMINATION of said
agreement the parties hereby agree to terminate the current agreement as of October 31, 2002.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date below.
Dated this 27th day of August, 2002.
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Parties:
Approved by City Council
STIPULATION TO TERMINATE AGREEMENT FOR THE REAPPOINTMENT OF
CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT
OF ATTORNEY FEES AND COSTS
City of Meridian (CITY)
White, Peterson, Morrow, Gigray, Rossman, Nye, & Rossman, P.A. (WHITE-
PETERSON)
WHEREAS, the CITY having decided to consider new Requests for Proposals (RFP) for
Legal Services.
WHEREAS, the current agreement between the CITY and WHITE-PETERSON must be
terminated to allow for a new agreement to be negotiated between the party or parties that are the
successful bidders from this new RFP.
WHEREAS, the Mayor and at least one half plus one members of the City Councilor the full
Council acting alone are prepared to vote to terminate the current agreement in accordance with
Section VIII of the Agreement and I.C. 50-206.
WHEREAS, the CITY and WHITE-PETERSON want to give ample notice that the
current agreement will be ending at a fixed date in the future.
THEREFORE, the above parties having entered into an Agreement for the
Reappointment of City Attorney, the Provision of Legal Services and for Payment of Attorney
Fees and Costs (AGREEMENT) on the 16th day of October, 2001 now hereby stipulate to
terminate said agreement. Pursuant to VIII RE-NEGOTIATION AND TERMINATION of said
agreement the parties hereby agree to terminate the current agreement as of October 31. 2002.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date below.
Dated this 27th day of August, 2002.
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Parties:
Approved by City Council
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. 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 t e custodian of its records and minutes
and do hereby certify that on the Z7-ð day of .rt ,2002, the following action
has been taken and authorized:
A RESOLUTION APPROVING THE STIPULATION TO TERMINATE AGREEMENT
FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL
SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST
SAID STIPULATION ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING
AN EFFECTIVE DATE.
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 the above
stipulation, 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 on behalf of the City of
Meridian that certain stipulation with White Peterson Morrow Rossman Gigray Nye and
Rossman, P.A., entitled "STIPULATION TO TERMINATE AGREEMENT FOR THE
REAPPOINTMENT 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 and to bind this City to its terms and conditions.
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CITY OF MERIDIAN """ °OIINT'!, ~ """
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STATE OF IDAHO, )
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County of Ada, )
On this 1, 1~day of ~ ,in the year 2002, before me, the
undersigned, a Notary Public, appeared WIL lAM 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.
(SEAL)
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CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
2
STIPULATION TO TERMINATE AGREEMENT FOR THE REAPPOINTMENT OF
CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT
OF ATTORNEY FEES AND COSTS
Parties:
City of Meridian (CITY)
White, Peterson, Morrow, Gigray, Rossman, Nye, & Rossman, P.A. (WHITE-
PETERSON)
WHEREAS, the CITY having decided to consider new Requests for Proposals (RFP) for
Legal Services.
WHEREAS, the current agreement between the CITY and WHITE-PETERSON must be
terminated to allow for a new agreement to be negotiated between the party or parties that are the
successful bidders ITom this new RFP.
WHEREAS, the CITY and WHITE-PETERSON want to give ample notice that the
current agreement will be ending at a fixed date in the future.
THEREFORE, the above parties having entered into an Agreement for the
Reappointment of City Attorney, the Provision of Legal Services and for Payment of Attorney
Fees and Costs (AGREEMENT) on the 16th day of October, 2001 now hereby stipulate to
terminate said agreement. Pursuant to vrn RE-NEGOTIATION AND TERMINATION of said
agreement the parties hereby agree to terminate the current agreement as of October 31. 2002.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date below.
Dated this - day of August, 2002.
PartnerlPrincipal of the firm
CITY OF MERIDIAN
ATTEST:
MAYOR
CITY CLERK
Approved by City Council
AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE
PROVISION OF LEGAL SERVICES AND
FOR PAYMENT OF ATTORNEY FEES AND COSTS
City of Meridian
White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A.
THIS AGREEMENT made this 16.;1: day of tJe.-þb e f- , 200 I, 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, Rossman, Nye & Rossman, P.A., a
professional association, organized and existing by virtue of the laws of the State of
Idaho, hereinafter referred to as "White Peterson".
Parties:
1.
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 (but including appeals of
District Court decisions in planning and zoning judicial reviews),
defense of claims (including construction claims and disputes) or
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; civil matters in which the
City of Meridian is a plaintiff or petitioner; and any other legal services
not included in the definition of "Contract Legal Services" below.
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 (excluding appeals of
AGREEMENT - I
II
District Court decisions), 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. 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 150 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 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.
"White Peterson" means and refers to White,Peterson, Morrow, Gigray,
Rossman, Nye & Rossman, P.A. an Idaho Professional Association
organized and existing under the laws of the state of Idaho for the
purpose of providing Legal Services.
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 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
AGREEMENT - 2
2.
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 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 WORK: White Peterson shall perform Contract Legal Services
and Additional Legal Services for the City of Meridian in accordance with the
provisions of this agreement.
1.
APPOlNTMENT 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.
COMPENSATION:
a. For Contract Legal Services Meridian shall pay White Peterson the sum of
Forty Thousand and No/I 00 Dollars ($40,000.00) per month; and
b. For Additional Legal Services Meridian shall pay White Peterson the sum
of One Hundred Ten and No/lOO Dollars ($110.00) 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
AGREEMENT - 3
authorized by Meridian. After October I, 200 I the Meridian Police
Department will begin implementing a digital imaging system for police
records, and the City Clerk's office or other departments may begin
implementing a digital imaging system for City Council meeting packet
information and other items. If it becomes desireable for White Peterson to be
able to use the same system, City agrees at its expense to provide the requisite
software licenses to use this software. White Peterson ,vill be responsible for
any hardware purchases or upgrades necessary to use the software. City will
also make training available to White Peterson employees, at no additional
cost to White Peterson.
VIII RE-NEGOTIATION OR TERlV1INATION:
IX
3.
1.
At the time of the preparation of the budget in accordance with the
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
r.c. § 50-206 or White Peterson may terminate this agreement with 90
days notice.
GENERAL PROVlSIONS:
1.
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.
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:
AGREEMENT - 4
City of Meridian
33 E. Idaho
Meridian ID 83642
White, Peterson, Morrow, Gigray, Rossman, Nye & 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
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 pan hereof in the first
instance.
6.
Counterpans: This agreement shall be executed by the parties in two
(2) counterparts, and each such counterpan shall be deemed an
"original" .
AGREEMENT - 5
IN WITNESS WHEREOF, the parties have executed this agreement the day
and year first above written.
CITY OF MERIDIAN
BY:
By:
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AGREEMENT - 6