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AGREEMENT FOR PERSONAL SERVICES WITH THE CITY OF MOSCOW CITY ATTORNEY THIS AGREEMENT, made the 17th day of September, 1990, between the City of Moscow, a Municipal Corporation organized and existing pursuant to the laws of the state of Idaho hereinafter referred to as the 'CITY' and William L. Herrington, hereinafter referred to as the 'ATTORNEY'; WITNESSETH: 1. EMPLOYMENT: The CITY hereby contracts with the ATTORNEY to provide the legal services of city Attorney for the CITY. 2. SERVICES: Services to be provided by the ATTORNEY shall include the following: a. The ATTORNEY shall report to the City Supervisor. b. Perform all responsibilities delegated to the City Attorney position under Idaho Law. (Including prosecution of misdemeanors as directed by city Supervisor). c. Represent the city in any civil case filed against the City in any court of law within the State of Idaho. d. Provide staff with legal advice at the direction of the City Supervisor. e. The ATTORNEY shall supervise such other legal staff as may be employed by the City in accordance with the City's personnel rules and regulations and as directed by the city Supervisor. f. Provide the Mayor andjor City Council with legal advice at the direction of the Mayor. g. Provide legal training sessions for Police Department as directed by City Supervisor. h. Prepare ordinances, resolutions and proclamations at the direction of the city Council, the Mayor or the City Supervisor. i. Prepare and review of agreements and contracts at the direction of the city Supervisor. j. Represent the City in any personnel hearing as directed by the City Supervisor. k. Represent the City in civil code enforcement proceedings as directed by the City Supervisor. 1. Attend all Council meetings unless excused by the Mayor or city Supervisor. m. Perform such other duties as may be assigned by the Mayor or City Supervisor. ---PAGE BREAK--- 3. RECORDS: a. The ATTORNEY shall maintain records as to time expended on various duties and projects in a detailed fashion by subject area or project by project basis. b. The ATTORNEY shall provide a report of the prosecution and legal activities that accurately portrays the level of services to the city, permitting comparison of services on a and annual basis. Monthy reports shall be submitted on or before the 15th day of the following month. This report shall list projects and activities that are pending. c. The ATTORNEY shall prepare an annual report for the City Council. The annual report shall be submitted during the month of January of the following year. 4. TERM: This agreement shall be in effect from the 1st day of October, 1990 through the 30th day of September, 1991. 5. COMPENSATION: The ATTORNEY shall receive for professional services as provided herein a salary of $2902.00 per month. During any period that the City does not have a deputy attorney for prosecution under contract, the ATTORNEY shall receive $22 per hour for additional prosecution services which would have been performed by that deputy. 6. COMMITMENT OF TIME: The ATTORNEY shall serve as a part-time employee. The ATTORNEY recognizes that his primary professional obligation is to the CITY and hereby agrees to subordinate all other professional obligations he may undertake to the duties set forth herein. The ATTORNEY shall provide legal services for a minimum of twenty-six (26) hours per week, averaged on a basis (except during periods when excused in writing for vacations or sick leave). The restrictions of the City personnel rules are not applicable to the ATTORNEY. 7. SUPPORT SERVICES: Office space, secretarial services, appropriate training, and other support services will be provided by the CITY. 8. INSURANCE AND BENEFITS: The CITY shall pay all professional liability insurances and membership fees as may be required for purposes of City business. For purposes of liability, the ATTORNEY has the status of an employee of the CITY and the CITY shall cause any ---PAGE BREAK--- civil suit resulting from the ATTORNEY'S work on behalf of the CITY to be defended. The CITY shall provide medical insurance through the city's group plan and such employee benefits as are consistent with those available to other part-time employees. 9. SICK LEAVE AND VACATION: The ATTORNEY shall earn credit for sick leave at the rate of one day (8 hours) for each 170 hours worked (not to exceed 12 days per year) and vacation at the rate of one day (8 hours) for each 135 hours worked (not to exceed 16 days per year). Accumulated vacation (not to exceed 30 days) and sick leave shall carry over if this agreement is extended. The ATTORNEY need not work on holidays recognized by the City. There will be no monetary payment by the City of vacation or sick leave not taken. 10. OUTSIDE EMPLOYMENT: The ATTORNEY agrees not to enter into any other contracts or work commitments which would present a conflict of interest with his representation of the City. 11. ENTIRE AGREEMENT: This agreement shall represent the entire agreement between the parties hereto, and any other prior understandings, agreements, or contracts being hereby cancelled without any further liability whatsoever on either party. IN WITNESS WHEREOF, the ATTORNEY and the CITY, by and through its Mayor and City Clerk, have set their hands and seal to this Agreement to be effective the day and year set forth above. Paul c. Agi;:MaYOr City of Moscow ATTEST: :Eaii'le Russetcity Clerk ---PAGE BREAK--- NOTICE OF PERSONAL SERVICES CONTRACT NOTICE IS HEREBY GIVEN that on September 16, 1990 the City Council of the City of Moscow entered into a personal professional services agreement w1th William L. Herrington to provide legal services as City Attorney for the City. Such contract to run from October 1, 1990 to September 30, 1991 in the amount of $2,902.00 per month. The personal service agreement IS on file in the office of the Moscow City Clerk and is available for inspection during regular business office hours. The above notice is made as required by IC 59-514. Elaine Russell, City Clerk Publish: September 22, 1990 ---PAGE BREAK--- Affidavit of Publication STATE OF IDAHO County of Latah Theresa Myers ss. being first duly sworn, on oath, deposes and says: That he is the printer of The IDAHONIAN, a newspaper of general circulation, printed and published daily except Sundav ht Moscow, Latah County, Idaho, m compliance with Sections 60- 106, 60-107, and 60-108 of the Idaho Code and the amendments thereto; that the notice of which · the annexed is a full, true and correct printed copy was pub lished in the regular and entire issues of said newspaper and not in a supplement thereto, upon e following dates: · J 77° the same being the dates desig nated for the publication of said notice. Subscribed and sworn before me th Notary Public, residing at MOSCO\"S, ldl}hO My commission expires: 0?'6 NOTICE OF PERSONAL SERVICES CONTRA.cr NOTICE IS HEREBY GIVEN that on September 16, 1990 the City. Council of the City of Moscow en tered· into a personal professional services agreement with William L. Herrington to provide iegal services as City Attorney for the City. Such contract to run from October 1, 1990 to September 30, 1991 in the amouJlt of $2,902.00 per month. The personal service agreement is on file in the office of the Moscow City Clerk and is available for in spection during regular business of- fice hours. · The above notice is made as re quired by IC 59-514. - Elaine Russell, City Clerk Sept. 22, 1990