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Home My Public Portal About2000.11.01 Amended Aggreement for Legal Services Moore, Smith, Buxton & TurckeJAN, -28'. 02 (MON) 12:28 MOORE SMITH BUXTON TEE:208 331 1202 P. 002 MOORE SMITH BUXTON & TURCKE, CHARTERED ~ NOR'tVa ~ Sll~,l~-r. I~OLgI~ ID fl~7~lZ Te-~O~: (~,~) 3~4~00 F~c (~.~ AIVlENDED AGREEM~.NT FOR LEGAL SERVICES TI-IlS AGREEMENT, made as of the 1st day of November, 2000, between the CITY OF McCALL, an Idaho municipal corporation (the "City"), and the law firm of MOORE SMITH BUXTON & TURCKE, CHARTERED, 225 North 9t~ Street, Suite 420, Boise, Idaho 83702 (the "Attorneys"). vsrH-E~AS, the City is a municipal corporation duly organized and existing under the general municipal laws of the State of Idaho and desires to retain the services of Attorneys to serve as city attorney to the City for civil matters; and WHEREAS, Attorneys are attorneys at law duly licensed and practicing in the State of Idaho, are experienced in the provision of the type of legal services desired by the City, and desire to serve as city attorney to the City for civil matters. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree: FIRST: Attorneys agree to serve, under the title of City Attorney, as Civil attorney for the City, and in connection therewith to render legal services to the City as set forth hereinafter. SECOND: The basic retainer fee payable by the City to Attorneys shall be Four Thousand Four Hundred and Sixteen Dollars (54,416.00) per month, plus any actual, out-of- pocket expenses incurred by Attorneys on behalf of the City, payable in the month following the performance of the services rendered by Attorneys. For the basic retainer fee, Attorneys shall attend two City council meetings each month, undertake routine legal services associated with the preparation for City Council meetings and routine business of the City as directed by the City Manager and/or the City Council_ THIRD: Attorneys shall also, when authorized and requested by the City Manager and/or the City Council, perform the following additional legal services for the City as separate matters, outside the basic retainer described in paragraph SECOND, as follows: (a) Represent the City in all suits or actions involving admirfistrafive proceedings, grievance proceedings, judicial confirmation matters, arbitration and mediation JAN,-28102(MON) 12:28 MOORE SMITH BUXTON TEL:208 351 1202 P, 003 Amended Legal Services Agreement Page 2 matters, and court cases in state or federal courts in which the City is a party, except where the City retains special counsel, or tenders the defense of such matter to an insurance carrier where the insurance carder appoints other legal counsel to represent the City. (b) Draft and/or review major rewrites or amendments of the City Code or Comprehensive Plan, policy manuals, draft and/or review major contracts, leases, deeds, or other legal instruments or documents, legal opinions and legal research, negotiating threatened litigation matters, or other services deemed non.routine and/or extraordinarily time consuming that such would not I~ifly be included in the retainer. When such situation arises, the City Manager shall approve Attorneys undertaking said additional work. (c) Undertake specialty legal work which includes but is not limited to bond counsel, water rights, environmental and natural resources law matters. (d) Matters in which attorney fees are reimbursable including, but not limited to, federal or state funded projects where all or part of the attorney fees are reimbursable, professional services that are reimbursed by a land use applicant, or similar such situations. For any of the foregoing services in paragraph THIRD, Attorneys shall be compensated at an hourly rate not to exceed $125 per hour plus out-of-pocket expenses incurred. The hourly rate shall not apply to matters requiring bond counsel services provided in separate agreements. Attorneys shall submit a bill for services and exp~nses for the preceding month for services rendered pursuant to both paragraphs SECOND and THIRJ) prior to a regular monthly meeting of the City Council and the City shall approve the same and cause such bill to be paid expeditiously; provided, that should Attorneys fail m submit a bill for services prior to a regular City Council meeting, the City shall not be relieved of its obligation to pay the same, but shall not be required to act upon said bill until its next regular or special City Council meeting_ FOURTH: Attorneys shall not be required to render the following services: (a) Private legal advice not pertaiaing to City business to any City official or employee. (b) Legal advice perminm' g to City business to individual members of the City Council, except where such advice is requested by the Mayor and/or City Council. (c) (d) Defense of court actions against the City where an insurance carrier renders a legal defense to the City or where special counsel is retained by the City. Provide legal services for criminal prosecution. JAN, - 2,~.' 02. (MON) 12:28 MOORE SMITH BUXTON TEL:208 SS1 1202 P, 004 Pmaended Legal Servic~ Agreement Page 3 FIFTH: The term of this agreement shall commence immediately, and shall continue from month to month until terminated as provided hereinafter_ The parties may, however, upon the written request of either party, renegotiate any of the terms of this agreement, any mutually agreed-upon changes to take effect as of the £ollowing month. SIXTH: Thi_q agreement may be terminated by either party upon thc giving of at least thirty (30) days' notice of termination to thc other party. Notice of termination o£this agreement may be given by the City except following thc procedures prescribed in Section 50-206, Idaho Code. The parties may, by mutual consent, terminate this agreement at any time. SEVENTH_: This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. EIGHTH: If at any time during the term of this Agreement any dispute, difference, or disagreement shall arise upon or in respect of the Agreement, and the meaning and construction hereof, every such dispute, difference, and disagreement shall be referred to a single arbiter agreed upon by the parties, or if no single arbiter can be agreed upon, an arbiter or arbiters shall be selected in accordance with the rules of the American Arbitration Association and such dispute, difference, or disagreement shall be settled by arbitration in accordance with the then prevailing commercial rules of the American Arbitration Association, and judgment upon the award rendered by the arbiter may be entered in any court having jurisdiction thereof. NINTH: Notice under this Agreement shall be in writing and shall be effective when actually delivered. If mailed, notice shall be d~emed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address set forth below or such other address as the party may indicate by written notice to the other: Moore Smith Buxton & Turcke, Chartered 225 North 9m Street, Suite 420 Boise, Idaho 83702 City of McCall P.O. Box 986 McCall, Idaho 83638 TENTH: This Agreement contains the entire understanding between and among thc parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agrcemem. ELEVENTH: The parties hereto covenant, warrant and represent to each other good faith, complete cooperation, duc diligence and honesty in fact in the performance of all obligations of the parties pursuant to this Agreement All promises and covenants are mutual and dependent. dAN,=2~O~(MON) 12:29 MOORE SMITH BUXTON TEL:208 351 1202 P, OOS Amended Legal ServicesAgreement Page 4 TWELFTH: If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. IN WITNESS WHEREOF, thc parties have set their hands the date and year first above written. ATTEST: / . ? ." "t City Clerk (SEXL) CITY OF McCALL Valley County, Idaho Mayor MOORE SMITH BUXTON & TLrRCKE, CHAR D --~__ Shareholder