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AGREEMENT FOR PERSONAL PROFESSIONAL SERVICES DEPUTY CITY ATTORNEY THIS AGREEMENT, made the 20th day of April , 1992, 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 MARK s. MOORER, hereinafter referred to as the 'ATTORNEY'; WITNESSETH: 1. EMPLOYMENT: The CITY hereby contracts with the ATTORNEY to provide the legal services of Deputy city Attorney for the CITY. 2. SERVICES: Services to be provided by the ATTORNEY shall include the following: a. The ATTORNEY shall be direced by and report to the city Attorney. b. Perform all prosecution responsibilities delegated to the City Attorney's office under Idaho Law as directed by the City Attorney. c. Represent the City in any criminal or infraction prosecuted by the city in any court of law within the State of Idaho. Shall include responsibility for preparation of case files, motions, notices, briefs, orders, judgments, jury instructions, and other related paperwork. d. Provide Police Department with legal advice. e. Provide training sessions on law or procedure for Police Department personnel as directed. f. Prepare ordinances and resolutions which relate to criminal offenses or to operation of the Police Department. g. Parking Violations: review citizen appeals from parking citations and grant relief where appropriate. h. Perform such other duties as may be assigned by the Mayor, city supervisor, or City Attorney. 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 (due by the lOth day of the following month) 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. This report shall list projects and activities that are pending. AGREEMENT; Page No. 1 ---PAGE BREAK--- c. The ATTORNEY shall prepare an annual report for the city Council. This report shall be provided on or before January 10 of the following year. 4. TERM: This agreement shall be in effect from the 1st day of April, 1992 through the 30th day of September, 1992. 5. COMMITMENT OF TIME AND COMPENSATION: The ATTORNEY shall serve the City on a full-time basis 40 hours per week. The ATTORNEY shall be available during normal business hours. The ATTORNEY recognizes that his 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 receive for his services the sum of $2,333.00 per month. As a contractual employee, the restrictions of the city personnel rules are not applicable to the ATTORNEY. 6. SUPPORT SERVICES: Office space, secretarial services, appropriate training, and other support services will be provided by the CITY. 7. INSURANCE AND BENEFITS: The CITY shall pay all professional 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 when working on City projects and the CITY shall cause any civil suit resulting from the ATTORNEY'S work on behalf of the CITY to be defended. Neither medical insurance nor retirement benefits are provided under this agreement. 8. SICK LEAVE AND VACATION: The ATTORNEY shall earn credit for sick leave at the rate of one day (8 hours) for each one hundred and sixty (160) hours worked and vacation at the rate of eight hours for every one hundred and sixty· (160) hours worked. Accumulated vacation (not to exceed ten (10) days) and accumulated sick leave (not to exceed twenty (20) days) shall carry over if this agreement is extended. The ATTORNEY need not work on holidays recognized by the City. 9. OUTSIDE EMPLOYMENT: The ATTORNEY agrees not to enter into any other contracts or work commitments which would create a conflict of interest with his representation of the City. 10. TERMINATION: Either party may terminate this agreement upon thirty days written notice to the other party. 11. ENTIRE AGREEMENT: This agreement shall represent the entire agreement between the parties hereto, and any AGREEMENT; Page No. 2 ---PAGE BREAK--- 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. Atto ney Pa City of Moscow ATTEST: AGREEMENT; Page No. 3 ---PAGE BREAK--- NOTICE OF PERSONAL SERVICES CONTRACT NOTICE IS HEREBY GIVEN that on April 20, 1992 the City Council of the City of Moscow entered into a personal professional serv{ces agreement with Mark s. Moorer to provide services as Deputy City Attorney to the City. Such contract to run from April 1, 1992 to September 30, 1992 in the amount of $2,333.00 per month. The personal services 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: April 25, 1992 ---PAGE BREAK--- Affidavit of Publication STATE OF IDAHO County of Latah ss. e Gale being first duly sworn, on oath, deposes and says: That she is the printer of Moscow-Pullman Daily News, a newspaper of general circulation, printed and published daily except Sunday at Moscow, Latah County, Idaho, in 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 published in the regular and entire issues of said newspaper and not in a supplement thereto, upon the following dates: r:Jp ;2 s / 7 9 L Subscribed and s •orn lO before me thiday of residing at Moscow, Idaho My commission expires: -9 J NOTICE OF PERSONAL SERVICES CONTRAcr NOTICE IS HEREBY GIVEN that on April 20, 1992 the City Council of the 'City of Moscow entered into a personal professional services agreement with Mark S. Moorer to • provide services as Deputy City At· torney to the City. Such contract to run from April I, 1992 to September 30, 1992 in the amount of $2,333.00 per month. The personal services agreement is on file in the office of the Moscow Citv C.IP.rk 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 April25, 1992