HomeMy WebLinkAboutResolution No. R18-35BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval.. The contract negotiated between the City of Laurel
and Elk River Law Office P.L.L.P. for the provision of prosecution services is accepted
and hereby approved. A copy is attached hereto for convenience.
Section 2: Execution. The Mayor and Clerk/Treasurer of the City of Laurel
are hereby given authority to accept and execute said agreement on behalf of the City.
Section 3. Effective Date. The term of this contract shall commence July 1,
2018.
Introduced at a meeting of the City Council on July 2, 2018, by Council Member
Stokes
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 2',d day
of July 2018.
CITY OF LAUREL
Thomas C. Nelson, Mayor
ATTES
-Treasurer
Sam Pain(6r—Civil City Attorney
R18-35 Elk River Law Office Prosecution Contract
ATTORNEY CONTRACT
THIS AGREEMENT, made and entered into by and between the City of Laurel,
hereinafter referred to as Client, and Elk River Law Office, P.L.L.P. hereinafter referred to
as "Attorneys."
ATTORNEY CLIENT RELATIONSHIP: Client hereby employs Attorneys to
exercise the prosecutorial duties of the City Attorney for Client, which are to include the
provision of prosecution services for Client for matters assigned and directed by Client.
Client's Mayor and/or Chief Administrative Officer shall be the primary contact for
Attorneys and shall assign and direct the Attorneys' provision of criminal prosecution
services. Attorneys agree to provide their own office, staff and equipment at no additional
charge to Client. Client agrees to provide on-site workspace for Attorneys immediately
prior to and during any required court appearances. Client also agrees to provide copy
paper upon request for services under this contract. Attorneys agree to spend a minimum
of two (2) hours per week at Laurel City Hall in order to meet with pro se criminal
defendants living in the Laurel area.
FEES: For services performed for Client by Attorneys, Client agrees to pay
Attorneys the flat rate of $4,583.33 per month or $55,000.00 per year for services
performed for Client by Attorneys from July 1, 2018 to June 30, 2020. In addition to the
fees provided above, Client agrees to reimburse Attorneys for costs incurred during the
course of representation. Attorneys agree to provide Client an invoice each and every
month itemizing services rendered and costs incurred each and every month. Client agrees
to pay Attorneys each and every month for services rendered and costs incurred. Client
understands that Attorney billing schedule is monthly.
COSTS: Costs are defined as all filing fees, court costs, subpoena costs, certified
driving records for defendants, mail costs, copies of video-taped or DVD evidence,
depositions, court report charges, expert witness fees, expert reports, witness statements,
and travel expenses except as set forth herein, and any other disbursements or expenses
incurred by Attorneys while representing Client. Photocopies shall be reimbursed at $.05
per page. These costs may be billed monthly by Attorneys and, ifunpaid, shall bear interest
at the rate of one percent (1 %) per month.
Travel costs beyond local travel shall be undertaken only upon Client's request.
Client shall reimburse Attorneys their actual costs of travel (other than local) and pay per
diem at rates established by the State of Montana.
DURATION: This contract shall immediately commence on July 1, 2018 shall
continue until June 30, 2020. Each party reserves the right to re -negotiate any material
term of this contract prior to its expiration on June 30, 2020. At any rate, either party may
terminate this agreement at any other time for any reason upon thirty (30) days written
notice provided to the other party.
MODIFICATION: This contact or any provision thereof may be modified at any
time upon mutual consent expressed in a mutually signed writing.
DATED this 2"d day of July, 2018.
CITY OF LA REL
Thomas Nelson, Mayor
ATTE .
Ego--
Bet' y v a<i k/Treasurer
ELK RIVER LAW OFFICE
tad/ ,
Georg:i --:';g!•• ,
2