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