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HomeMy Public PortalAboutRES-CC-2003-07RESOLUTION 07-2003 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB ADOPTING A CITY PROSECUTOR PROFESSIONAL SERVICES AGREEMENT WHEREAS, Moab City is m need of City Prosecutor Services, and WHEREAS, after a competitive proposal process the City has selected an individual to provide such services NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT the attached City Prosecutor Professional Services Agreement is hereby adopted and in effect immediately PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 11`s day of February, A D , 2003 ATTEST Rachel Ellison, City Recorder SIGNED David L Sakrison, Mayor Resolution N07-2003 Page I Of I CITY PROSECUTOR PROFESSIONAL SERVICES CONTRACT For and, in consideration of the performances and payments provided herein, the sufficiency of which all parties acknowledge, City of Moab (herein: "City") and Ham( Morgan (herein "Attorney"), agree as follows 1 Attorney shall provide criminal prosecution for the Moab City Police Department for Class B misdemeanors and below, including screening of possible criminal prosecutions, preparing cases for trial, researching cases, interviewing appropriate individuals, appearing in court for motions, changes of pleas and sentencing, and all other aspects of City of Moab criminal prosecution work Attorney shall provide prosecutions of municipal code violations, including zoning violations Attorney shall maintain positive and open communications with the Moab City Police Department and City Administrative offices Attorney will work closely with the County Attorney on felony cases and other relevant matters 2 This agreement shall be renewable annually for a period of up to three (3) years from the effective date hereof renewable in the discretion of the Mayor and the governing body of the City of hereof, 3. The fee for services provided under this agreement shall be a monthly fee of $2,500.00 for the period of February 2003 to July 2003 The fee for services provided under this agreement beginning August 2003 shall be $2,900.00 until the expiration of this agreement The City shall make payments under this agreement after services have been rendered and Attorney has submitted an invoice for such services to the Gty. 4. 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 5 In the event of any dispute concerning this contract the parties stipulate to Turisdiction and venue in the Seventh Judicial District Court, Grand County, Utah he 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 6. No other promises representations, or modifications to this contract shall be binding between the parties unless reduced to writing lawfully approved by both parties If any provision or part of this agreement shall be declared illegal, void on unenforceable for any reason, the other provisions and parts shall not be affected but shall remain in full force and effect This agreement is entered into this 11t' day of February2003 and was approved and accepted by the Moab City Council on the 11 day of February 2003 APPROVAL City SIGNED �-q c rye �C C/ David L Sakris n, Mayor Rachel Ellison, City Recorder Attorney Happy State of Utah ) § County of Grand ) On the i 7 day of 1 9 , personally appeared before me , who duly acknowledged to me that they ex cuted the same NOTARY PUBLIC LORETTA M THAMES • South 100 Ent Moab tlt•h 114538 Commission Expire* 004 BTATL OM �T H My Commission Expires 10 31-04- 4v2e4.,7r1, ,M041„.4._ Notary Public Residing in Grand County