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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 erg