HomeMy WebLinkAboutResolution No. R20-0217OCTO'ilili li [l�►i►[i�:7►�Ia1T►•l
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR THE CITY'S PROSECUTOR DUTIES BETWEEN THE
CITY OF LAUREL AND THOMPSON PAINTER LAW, PC.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section l: Approval. The contract negotiated between the City of Laurel
and Thompson Painter Law, PC for the City Prosecutor duties is accepted and hereby
approved. A copy is attached hereto for convenience.
Section 2: Execution. The Mayor and City 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 effective date for the attached contract is hereby
approved effective January 1, 2020.
Introduced at a regular meeting of the City Council on January 14, 2020, by Council
Member Wilke.
PASSED and APPROVED by the City Council of the City of Laurel, Montana,
this l4t' day of January 2020.
APPROVED by the Mayor this 14th day of January 2020.
CITY OF LAUREL
71,
Thomas t" e son, mayor
ATTEST:
Bethany City Clerk/Treasurer
Approved as to form:
Sam S. Painter, Civil City Attorney
R20-02 City Prosecutor Contract
ATTORNEY CONTRACT
THIS AGREEMENT, made and entered into by and between the City of Laurel,
hereinafter referred to as Client, and Thompson Painter Law, PC hereinafter referred to as
"Attorney."
ATTORNEY CLIENT RELATIONSHIP: Client hereby employs Attorney to
exercise the criminal prosecutorial duties of the City Attorney for Client, which includes
the provision of prosecution services for Client for matters assigned and directed by
Client. Client's Mayor shall be the primary contact for Attorney and shall assign and
direct the Attorneys' provision of criminal prosecution services in city court as well as all
subsequent appeals. Attorney agrees to provide his/her own office, staff and equipment
at no additional charge to Client. Client agrees to provide on-site workspace for Attorney
immediately prior to and during any required court appearances. Client also agrees to
provide copy paper upon request for services under this contract. Attorney agrees 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 Attorney, Client agrees to pay
Attorney the flat rate of $5,600.00 for services performed for Client by Attorneys from
January 1, 2020 to December 31, 2020. In addition to the fees provided above, Client
agrees to reimburse Attorneys for costs incurred during the course of representation.
Attorney agrees to provide Client an invoice each and every month itemizing services
rendered and costs incurred each and every month. Client agrees to pay Attorney 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, if unpaid, shall bear
interest at the rate of one percent (I%) per month.
Travel costs beyond local travel shall be undertaken only upon Client's request.
Client shall reimburse Attorney his/her 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 January 1, 2020
and continue until December 31, 2020. Attorney agrees to assist with the transition when
a new Prosecutor is contracted.
MODIFICATION AND TERMINATION: This contact or any provision
thereof may be modified at any time upon mutual consent expressed in a mutually signed
writing. The contract may be terminated at any time by either party without cause.
DATED this day of 1, „ir'`2020.
CITY OF LAUREL
i
fl�
omas Ne lson, Mayor
A
Bethany La , C rk/Treasurer
ATTORNE
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Sam S. Painter, Thompson Painter Law, PC