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HomeMy Public PortalAbout2017.01.01 MSBT Law Legal Services Agreement - ProsecutorLEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL THIS AGREEMENT is made between the City of McCall, Idaho, (hereinafter referred to as "Client" or "City"), and the law firm of MSBT Law, 950 W. Bannock Street, Suite 520, Boise, Idaho 83702 (hereinafter referred to as "MSBT" or "Attorneys"). The purpose of this Agreement is to outline services to be provided by MSBT and to establish a corresponding compensation structure. 1. Description of Services (a) MSBT will serve City as an independent contractor for the provision of prosecutorial services and criminal code enforcements (the "Services"). MSBT agrees to prosecute violations of McCall City Code ordinances, state traffic infractions, state misdemeanors, code enforcements, animal control, and vicious animal hearings committed within the municipal limits of the City of McCall. MSBT shall exercise absolute discretion as to charging, case strategy, dismissal, case management and other matters incident to the performance of the services provided hereunder. (b) In the capacities described in paragraph 1(a) above, Attorneys will provide legal counsel, advice and representation as part of MSBT's services, the City shall assist Contractor by compiling and providing to MSBT, at the City's expense, copies of all police reports, documents, electronic files, CD's, DVD's, etc. needed by prosecutor to prosecute any and all cases that fall within MSBT's responsibilities. If requested by MSBT, the City shall, at its own expense, provide MSBT with an additional copy of the police reports, documents, electronic files, CD's, DVD's, etc. needed by prosecutor to prosecute any and all cases that fall within MSBT's responsibilities so that the same can be provided to opposing parties and their counsel. In addition, the City shall assist MSBT by mailing, at its own expense, any and all discovery documents, pleadings, or other criminal litigation material that arc necessary for MSBT to provide to opposing parties and their counsel pursuant to MSBT's litigation responsibilities. (c) Client may request that Attorneys represent Client in specific projects, which Attorneys determine, due to the magnitude of the project, complexity of legal issues, likelihood of litigation or similar factors should be handled as an individual billing matter. In such instances, Client and Attorneys will consult and mutually determine whether the project at issue will be covered within the prosecutor status or will be identified as a separate matter subject to a project - specific file and billing arrangement. A separate task order may be issued by Attorneys to Client describing the specific project, scope and compensation arrangements. (d) Attorneys shall provide legal advice and representation, and shall perform such tasks and services as are necessary, in the Attorneys' judgment, to accomplish this duty. The Attorneys' role is primarily that of adviser and counselor, not decision maker, and the City is expected and required to authorize major decisions regarding the outcome or conduct of the representation. Such "major decisions" might include, but are not necessarily limited to, settlement authority or terms, approval for filing dispositive substantive motions, employment of expert witnesses or consultants, and initiation or participation in appeal proceedings. Any litigation also includes "additional decisions" involving matters of execution, strategy or tactics, LEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL - 1 which, due to scope, timing, or other factors will generally be addressed without formal approval by the City. Such "additional decisions" might include, but are not necessarily limited to, structure and presentation of written and oral argument and selection of exhibits, witnesses, terminology or techniques used in argument; routine correspondence with court staff, agency personnel or opposing counsel; direction and scope of legal research efforts; and other specific decisions of a tactical nature. 2. Period of Agreement The term of this Agreement shall commence ;tULti(// J , 2017 , and shall continue until terminated by either party as set forth in paragraph 8 of tfus Agreement. 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 specified. 3. Compensation The basic retainer fee payable by the City to Attorneys shall be $4,166.66 per month plus any actual, documented out-of-pocket expenses incurred by Attorneys on behalf of the City, including but not limited to, jury fees, driver's packets, copying expenses, and postage, payable in the month following the performance of the services rendered by Attorneys. The basic retainer fee covers the following prosecutorial services: Attend the Fourth Judicial District, Valley County criminal calendar, which is currently anticipated to be approximately 4-6 days per month plus additional telephonic appearances as scheduled by the Court. As raised by staff, attorneys may also, when requested by staff and authorized by the Mayor and/or City Council, perform the following additional legal services for the City. (a) Criminal legal training of police staff. (b) Legal advice at City Council or other meetings or by telephone to the Mayor, City Council members, and other City employees. Telephone calls shall be returned immediately, where possible, or within the same business day for urgent issues, and/or within one (1) business day for non -urgent issues unless previous notification and arrangements have been made. (c) Draft or review all ordinances pertaining to the criminal provisions of the McCall City Code. (d) Provide legal research and render written legal opinions to the Mayor, City Council, or other agents or employees of the City as directed. Travel expenses, at the IRS standard mileage rate, related to criminal law training, appearances before city council, and criminal ordinance revisions shall be provided for these additional legal services. LEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL - 2 For any of the foregoing services that exceed the basic retainer, Attorneys shall be compensated at the hourly rate of $200.00 for Shareholders; $150.00 for associates; and $60.00 for paralegals. These hourly rates may be amended from time to time by agreement of the City. Services of Attorneys may be provided by other members or associates. Attorneys shall submit a bill for services for the preceding month, including any reimbursable out-of-pocket expenses incurred by Attorneys on behalf of the City, the City for payment 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 to submit 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. Attorneys will, within approximately the first fifteen (15) days of each month, submit a monthly summary of activities, total hours, and expenses for the preceding month. The summary serves as a billing statement; and the total amount indicated on the statement is due and payable within twenty (20) days, by the end of the month, or by the next City Council meeting following receipt of the invoice, whichever is later. 4. Reporting and Communication MSBT will communicate with the Client as the need indicates and as otherwise requested by the Clients throughout the duration of this Agreement. Similarly, Client shall timely communicate with Attorneys as questions arise, as information becomes available or as circumstances change regarding the matters covered by this Agreement. Material actions taken by MSBT will be reviewed with the Client prior to implementation unless some unforeseen or emergency circumstance arises where action by Attorneys is necessary without Client's prior review. In addition to the above -described communication process, the City agrees to make reasonable efforts to: (1) to promptly communicate with the Attorneys and advise them of any changes in goals or expectations in any litigation and/or representation, concerns about the existence or disclosure of privileged communications, and any material factual developments that could influence the outcome or strategic posture of any litigation and representation; (2) to abide by, and make reasonable efforts to ensure compliance with any instructions provided by the Attorneys regarding strategic matters and communications with the media or the general public regarding any litigation and/or representation; and (3) to vigorously protect and defend the attorney -client privilege, attorney work -product privilege, and other protections covering communications between the City and the Attorneys that are conducted in confidence and address matters pertaining to any litigation and/or representation. 5. Confidentiality All information gathered by or provided to Attorneys in the performance of responsibilities set out in this Agreement would remain confidential throughout the term of the Agreement and after the Agreement has terminated. No confidential information will be released to a third party without the approval of Clients or their designated agents. LEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL - 3 6. Authority The signatories to this Agreement aver and represent that they are fully empowered and authorized to enter into this Agreement on behalf of their respective organizations. 7. Conflicts of Interest As legal consultant to Client, Attorneys will refuse any new relationship or agreement which may tend to conflict with the interests of a current client. On rare occasions, conflicts develop among the interests of existing clients; in those cases, Attorneys will make every effort to resolve the conflicts in such a way as to allow uninterrupted representation for Client. Attorneys do not anticipate any issue arising under this Agreement that would require Attorneys to advise or represent Client regarding issues involving any Idaho local government entity, and Client understands that Attorneys, due to other client relationships, may be unable to file a lawsuit against any Idaho local government entity or the state of Idaho on behalf of Client. Client acknowledges that Attorneys represent other Idaho governmental and quasi - governmental entities. Attorneys have evaluated the possible interests of each of these clients as they may relate to representation of Client, and have concluded that Attorneys can reasonably undertake joint representation of Client and any or all of these parties without adverse effect to the interests of any of the affected parties. This conclusion is based, in part, upon the parties' mutual determination that the subject clients have closely aligned interests on relevant issues. Client acknowledges it has been advised of the nature of such joint representation and possible associated risks, that it has considered this information, and consents to the proposed joint representation by Attorneys. In the event Attorneys determine they can no longer conduct joint representation of Client and one or more other clients without adverse effect to the interests of one or more of the jointly -represented parties, Attorneys will immediately advise all affected clients and will take such measures as are necessary to protect the interests of the parties and to provide representation for all parties in a manner that is appropriate under the applicable Rules of Professional Conduct. 8. Termination Either party may terminate the relationship at any time as set forth in §50-206, Idaho Code. In such case, Attorneys shall, as soon as practicable, assemble and submit a summary of outstanding fees and expenses, which shall be due and payable within thirty (30) days of its receipt by Client. All Client files, including work product produced, shall be returned to the Client as soon as practical. If Client decides to terminate this Agreement for any reason, including an actual or perceived conflict of interest, Client agrees that, notwithstanding such withdrawal, Attorneys shall not be disqualified from continuing to represent Attorneys' other Idaho governmental or quasi - governmental clients, including any such representation in any ongoing or future litigation. Client further explicitly agrees that no subsequent or subsequently discovered conflict shall preclude the LEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL - 4 continued representation by Attorneys of other political subdivision clients, notwithstanding Attorneys' receipt of confidential and otherwise privileged information from Client. 9. Notice Notice under this Agreement shall be in writing and shall be effective when actually delivered. If mailed, notice shall be deemed effective forty-eight (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. MSBT Law 950 W. Bannock Street, Suite 520 Boise, ID 83702 10. Entire Agreement City of McCall 216 E. Park Street McCall, ID 83638-3832 This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement. 11. Good Faith, Cooperation and Due Diligence The parties hereto covenant, warrant and represent to each other in good faith, complete cooperation, due diligence and honesty in fact in the performance of all obligations of the parties pursuant to this Agreement. A11 promises and covenants are mutual and dependent. 12. Savings Clause 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. 13. Counterparts This Agreement may be executed in several counterparts and all so executed shall constitute on Agreement, binding on all the parties hereto even though all the parties are not signatories to the originals or the same counterpart. LEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL - 5 IN WITNESS WHEREOF, the parties have set their hands the date and year first above written. CITY OF MCCALL MSBT LAW, CHTD. VALLEY COUNTY, IDAHO ayor Date: /:l/5 //LI ATTEST: City Clerk Date: / PI / la ,,} Date: Pagf . Fitzer, Shareholder (2 /(Gl//.&' LEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL - 6