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HomeMy WebLinkAboutResolution No. R20-07RESOLUTION NO. R20-07 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CITY'S PROSECUTOR DUTIES BETWEEN THE CITY OF LAUREL AND LORE LAW FIRM PLLC. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The contract negotiated between the City of Laurel and Lore Law Firm, P.L.L.C. 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 February 1, 2020. Introduced at a regular meeting of the City Council on February 11, 2020, by Council Member Herr. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 11 th day of February 2020. APPROVED by the Mayor this 11 th day of February 2020. CITY OF LAUREL %%--s omas C. Nelson, Mayor ATTEST: Bethany La7n, Citlerk/Treasurer Approved as to form: k-.Qd Sam S. Painter, Civil City Attorney R20-07 City Prosecutor Contract: Lore Law Firm PLLC PROSECUTOR t' •. THIS AGREEMENT, made and entered into by and between the City of Laurel, hereinafter referred to as Client, and Lore Law Firm, P.L.L.C. hereinafter referred to as "Attorney." ATTORNEY CLIENT RELATIONSHIP: Client hereby employs Attorney to exercise and perform 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 AND BILLING: For services performed for Client by Attorney, Client agrees to pay Attorney as follows: ® For the time period February 1, 2020 through February 29, 2020 City shall pay Client $2800.00; ® Commencing March 1, 2020 and each subsequent month thereafter, City shall pay client $5600.00 per month. 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 (1%) 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 February 1, 2020 and continue until June 30, 2022. Attorney agrees to assist with the transition if a new Prosecutor is contracted. EXTENSION OR RENEWAL: The Parties may extend or renew this contract upon written agreement. Furthermore, if a party intends or desires to negotiate a new contract, he/she shall provide notice of his/her intent to negotiate no earlier than sixty days prior to expiration date. 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 7 )C 90:_4., , 2020. CITY OF LAUREL —T56-inas Nelson, Mayor AT r t/(� Bethany La e, 1 Treasurer ATTORNEY: Julian,E. Lore, Lo/re Law Firm P.L.L.C.