HomeMy Public PortalAboutResolutions_23-04_1/9/2023 (2)RESOLUTION NO. 2023-04
A RESOLUTION ESTABLISHING
COMPENSATION FOR THE CITY ATTORNEY
WHEREAS, The City of Marcus has appointed Alyssa A. Herbold, P.L.C. as City
Attorney; with Alyssa Herbold representing the City;
WHEREAS, Section 372.13 Code of Iowa requires the City Council establish the
compensation of the City Attorney;
NOW THEREFORE BE IT RESOLVED by the City of Marcus, Iowa that
the Compensation of Alyssa A. Herbold, PLC for Alyssa A. Herbold as City
Attorney shall be at the rate of $175.00 per hour for services performed through
June 30, 2024, along with reimbursement of usual and normal expenses and those
incurred in litigation.
Passed, adopted and approved this ath day of jZ.41t4L24Lf'- 2023.
ATTEST: 4/0/344i) a.
RobinHarvey, City Clerk
Patrick Bunt, Mayor
ATTORNEY FEE CONTRACT
. IT IS AGREED between the City of Marcus, Iowa as Client and Alyssa A. Herbold as Attorney
as follows:
1. EMPLOYMENT: • Client employs Attorney to represent Client in connection with their
legal matters beginning on July 1, 2023 and ending June 30, 2024.
-=• 2 -. °EXPENSES: -_Client shall pay Attorney for all expenses for telephone calls, travel
_.. ......._ .expense,photocopies,_.seouring records . or documents, photographs, hospital records, medical
. .......reports; inedical..examihatioris, court costs, depositions, expert witness fees, and all other expenses
_.__..-._ incurred_b_y._Attorney,on:behalf .of.Client. Client shall advance money for fees from time to time
_ . ..._ as_requested by. Attorneylto :pay.::anticipated expenses. Any unused portion of the Advance Fee
-Payment shall -be-refunded to .Client. Any unpaid expense may be billed periodically by Attorney
and shall be paid by Client upon billing. Any unused expense money advanced to Attorney by
Client shall be refunded to Client.
3. FEE. Client shall pay Attorney a fee for services as follows:
- 3:1 HOURLY FEE.. -Client shall pay Attorney Alyssa A. Herbold a fee of $175.00 per
hour for all services perforriied under this Contract. Client shall advance money for fees from time
to time as requested by Attorney to pay anticipated fees. Any unused portion of such advances
shall be refunded to Client. All fees will be billed periodically and shall be due and payable at the
time of billing.
4. PLACE OF PAYMENT. All sums due herein shall be paid at Attorney's office at the
address stated below.
5. WITHDRAWAL. .Non-payment of expenses or fees when due shall be a basis for
Attorney's withdrawal from representation of Client.
6. NO GUARANTEE. Attorney makes no guarantee as to the outcome of any case.
7. ADDITIONAL TERMS.
A. Monthly statements of charges will be provided, and, as set forth above, all fees
shall be due and payable upon the receipt of such statements. The amount of
- - the advance fee payment for legal services and the amount of the advance fee
payment for expenses do not indicate the total charges for such services and
- - - - expenses inasmuch as it is impossible to know at the outset the extent of the
services which will be provided and the expenses which will be incurred.
Dated the
day of 9f2atvzq-'
0;*"."4
Patrick Bunt, Mayor
(C rent) ... _ . ....
City of Marcus
PO -Box 542
Marcus, Iowa 51035
Phone: -(7.12) 376-4715
, 2023.
sa,'.Herbold, (•ttornee
ICIS PIN No: #AT0011874
Alyssa A. Herbold, P.L.C.
427 W. Main St. P.O. Box 100
Cherokee, Iowa 51012
Phone: (712) 225-3143
E -Mail: alyssaherbold@gmail.com