HomeMy Public PortalAboutRES-CC-1998-07Resolution 07-98
APPROVING THE CITY ATTORNEY SERVICES CONTRACT
Whereas, the Moab City Council has confirmed the appointment of Christopher G. McAnany as
the City Attorney for the City of Moab, as presented by Moab City Mayor Karla Hancock; and
Whereas, the City desires to formalize this appointment through a contract between Mr.
McAnany and the City of Moab; and
Whereas, the Attorney Services Contract has been presented to the Moab City Governing Body.
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO
HEREBY RESOLVE TO APPROVE THE ATTORNEY SERVICES CONTRACT IN
SUBSTANTIALLY TIE FORM PRESENTED TO THIS BODY, AND AUTHORIZE THE
APPROPRIATE OFFICIALS TO EXECUTE AND DELIVER THE CONTRACT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing body of Moab City in open session this
020‘4_ day of „lila/2, A) , 1998.
CITY OF MOAB
BY: tgll)).rr-,ffpi,-",/�-
Karla Hancock
Mayor
Attest:
Rachel Ellison
City Recorder
ATTORNEY SERVICES CONTRACT
For and in consideration of the performances and payments
provided herein, the sufficiency of which all parties acknowledge,
Moab City Corporation (herein: "City") and Christopher G. McAnany
(herein: "Attorney"), agree as follows:
1. Attorney shall provide legal advice, counseling, and
representation on City legal business as directed by the Mayor, the
City Council, and the City Manager. Without limiting the scope of
representation, Attorney shall be responsible for the preparation
of legal correspondence, ordinances, deeds, resolutions, briefs,
memoranda, and other legal documents. Additionally, Attorney shall
be responsible for attending City Council meetings, administrative
hearings, trials, and other legal proceedings as needed.
a. It is expressly understood that prosecution and
defense of City criminal code violations are excluded from this
contract and shall continue to be handled as provided under
existing contracts.
2. The term of this agreement shall be for two (2) years
from the effective date hereof, renewable in the discretion of the
Mayor and the governing body of the City of Moab.
3. Attorney shall bill for actual time spent on City legal
work at the rate of Eighty -Five Dollars ($85.00) per hour.
Attorney shall maintain detailed records of all billings and he, or
the law firm with which he is associated, shall submit statements
for payment by the City on a monthly basis. Statements are due
upon presentment and unpaid accounts over thirty (30) days past due
shall accrue interest at the rate of one percent (1%) per month
until paid in full.
a. There shall be no c' aages for travel time between
Attorney's offices in Grand Juno-L.-on, Colorado and the City of
Moab, Utah. Charges for travel to other locations or extraordinary
expenses over Two Hundred Dollars ($200.00) shall be determined on
a case by case basis upon prior approval by the City Manager.
b. Attorney shall receive reimbursement for actual
costs of the following expenses incurred on City business:
court reporter fees;
expert witness fees;
service of process or other sheriff's fees;
extraordinary copying expenses (over 25 pages);
facsimile charges at the rate of 50 cents per page;
long distance telephone charges.
Attorney Services Contract
Page Two
c. Whenever practicable, Attorney shall engage in
alternative dispute resolution by means of mediation, arbitration,
and/or negotiation in an effort to reduce legal or other expenses
to the City. To the extent permitted by law, Attorney shall
attempt to recover from opposing parties legal fees incurred in
defending or prosecuting legal claims.
d. Attorney may make use of paralegal services where
appropriate and cost e3r.ective for City legal work. Paralegal time
shall be billed to the City at the rate of sixty Dollars ($60.00)
per hour in the same manner provided for attorney billings.
Attorney shall remain responsible for the supervision of all
paralegal work.
e. No later than two (2) years from the effective date
of this agreement the parties agree to review Attorney's
performance for the purpose of determining whether any adjustment
in hourly compensation is appropriate. The parties agree to
negotiate in good faith at that time based upon then prevailing
rates in the legal market for legal services of comparable kind and
quality.
4. Attorney, or the law firm with which he is associated,
shall during the term of this contract maintain suitable
professional liability insurance coverage with an aggregate policy
limit of one Million Dollars ($1,000,000.00).
5. on or before December 15 of each year Attorney shall
provide a written status report to the Mayor, City Council, and the
City Manager detailing all pending litigation in which the City is
a party. From time to time Attorney shall provide briefings as to
specific legal issues involving the City at the request of the
above named parties. All written settlement offers, demands, or
significant correspondence on City legal matters shall be routed to
the above named parties for consideration.
6. Attorney shall consult as needed with the City Manager
and the City Recorder to assure that legal expenses on City legal
business stay within amounts budgeted annually. In the event
pending legal activities are likely to necessitate costs in excess
of budgeted amounts Attorney shall promptly notify the City Manager
and City Recorder and obtain direction from the governing body with
regard to any such costs in excess of budget.
7. This contract is terminable at will upon action by the
Mayor and the City Council. In the event of termination, Attorney
shall promptly submit a final bill for legal services rendered and
shall return all necessary legal files to the City or any
authorized designee upon request.
Attorney Services Contract
Page Three
8. In the event of any dispute concerning this contract the
parties stipulate to jurisdiction and venue in the Seventh Judicial
District Court, Grand County, Utah. The substantially prevailing
party in any such judicial action shall be entitled to recover
reasonable attorney's fees incurred prosecuting or defending such
action, in addition to all actual damages. This contract shall be
construed pursuant to the laws of the state of Utah.
9. No other promises, representations, or modifications to
this contract shall be binding between the parties unless reduced
to writing lawfully approved by both parties.
Approved and accepted on the date set forth:
Moab City Corporation:
By:40147i4'..nc-.* 3-.2-v-qe-
M yor Ka a Hancock Date
Att /J
: By:
City Recorder Date
Attore y,:
Chffsiopta'er G. McAn y, UBA 793
Date
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