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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. -ß 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. ~IP' .al f;!kth fi . artner nnClp 0 e lrm 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. ~# 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. \\\\\1\1"""""1/1/11 "., ., rJF MF¡¡g,. "" ~ " :<'"' "2'.-. .0:. /J4 £ ,," c} ~0It1 -J1- ~ ~ 'P . ~ .:P % ~ ~ -e¡¡,' ! " L ~ ILLIAM G. BERG, JR. v § SEA § ~ ~ ~ ~ ~ ct>. ,tfof CERTIFICATEOFCL1) I!~' ~~~ CITY OF MERIDIAN """ °OIINT'!, ~ """ "'lllli~;,~ i,'II"IIII' STATE OF IDAHO, ) : ss. 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) ...n... ..~N S#) .~~óT~;:~~. :"'/ '\ ~ : ! I : . . . . . , I . ....~,~\~...' .. 'i}iii OP1P. f"..' ."'... ~hMDYl ~ Notary Public for Ida 0 Commission Expires: 1-l8-Oc) 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: /O-I.þ,\"f~5r!D. CORRIE, IvIAYOR ",'è\~~ " ,.::~ .':.>' . ./ eJ. ro.:'?.O'~tì:'-.'. J"~.,- f ~-,.,-, ~ð ". " .: ..: ::;=~;:..L i - ,~: '?,. ~. <::", .-' ~ ~6 ~~..¿::/ '-:\~~fft.E¡~~Š:ON, MORROW, GIGRAY, ROS'SMA'Ñ':-NvE & ROSSMAN, PA /J¡/¡;ro~a¡"j ßÌ:1 ('~Jo~ ATfEST: B~ \IN? A - NTS40 ]DasERVER_ZI W ork\M\MeridianlMeridian 1 5360MlMeridian Presentation\200 -O2RetainerAgmt40K.doc AGREEMENT - 6