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DEPUTY CITY ATTORNEY FOR PROSECUTION AGREEMENT FOR PERSONAL PROFESSIONAL SERVICES 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 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 Prosecution for the CITY. 2. SERVICES: Services to be provided by the ATTORNEY shall include the following: a. The ATTORNEY shall report to the City Attorney. b. Perform all prosecution responsibilities delegated to the City Attorney's office under Idaho Law. 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 as needed. 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 October, 1990 through the 30th day of September, 1991. 5. COMPENSATION: The ATTORNEY shall receive for professional services as provided herein the sum of $2167.00 per month. 6. COMMITMENT OF TIME: The ATTORNEY shall serve the City on a full-time basis (an average work week of 40 hours will satisfy this commitment. 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. As a contractual employee, 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 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. 9. SICK LEAVE AND VACATION: The ATTORNEY shall earn credit for sick leave at the rate of one day (8 hours) for each month worked and vacation at the rate of 5/6 day for each month worked. Accumulated vacation (not to exceed ten (10) days) and sick leave shall carry over if this agreement is extended. The ATTORNEY need not work on holidays recognized by the City. 10. OUTSIDE EMPLOYMENT: The ATTORNEY may not undertake any outside employment without the prior approval of the City Attorney. Any outside commitments between the hours of 8:00 a.m. and 5:00 p.m. shall also require the approval of the City Supervisor. The ATTORNEY agrees not to enter into any other contracts or work commitments which would present a potential conflict of interest with his representation of the City. AGREEMENT; Page No. 2 ---PAGE BREAK--- 11. TERMINATION: Either party may terminate this agreement upon sixty days written notice to the other party. 12. 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. Attorney Paul c. Agidi Mayor city of Moscow ATTEST: Elaine Rus ,Clerk AGREEMENT; Page No. 3 ---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 with Mark S. Moorer to provide services as Oeputy City Attorney for Prosecution services to the City, Such contract to run from October 1, 1990 to September 30, 1991 in the amount of $2,167.00 per month. The personal service agreement is on file in the office of the Moscow City Clerk and 1s available for inspection during regular business office hours. The above notice is made as required by IC 59-514. Elaine Russell, City Clerk Publish: September 22, 1990 ---PAGE BREAK--- Affidavit of Publication STATE OF IDAHO County of Latah Theresa Myers ss. being first duly sworn, on oath, deposes and says: That he is the printer of The IDAHONIAN, a newspaper of general circulation, printed and published daily except Sunday at Moscow, Latah County, Idaho, in compliance with Sections 60- 106, 60-107, and 60-108 of the Idaho Code and the amendments thereto; that the notice of which the annexed is a full, true and correct printed copy was pub lished in the regular and entire issues of said newspaper and not in a supplement thereto, d- ;22, l'!?tJ up:;:ollowing date" / the same being the dates desig nated for the publication of said notice. Subscribed and swor before me thisy orc;:h:;, 19_2'_$ Notary Public, residing at Mosco,, Idaho My commission expires: 0-;/6-ry NOTICE OF PERSONAL SERVICES CONTRACT 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 Mark S. Moorer to provide legal services as Deputy City Attorney for Prosecu tion services to the City. Such con tract to tun from October 1, 1990 to September 30, 1991 in the amount of $2,167.00 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