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
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Date:
Pagf . Fitzer, Shareholder
(2 /(Gl//.&'
LEGAL SERVICES AGREEMENT FOR THE CITY OF MCCALL - 6