Agenda - Council Work Session - 01/11/2022

Home

2.6 Billing Statements. Billings by the Criminal Prosecution Attorney to the City for services will be on a monthly basis, except as may otherwise be agreed upon by the parties. The billing statement shall be of sufficient detail to adequately inform the City concerning the services performed and the nature and extent of costs and disbursements. The statement shall also contain a summary that shows the total fees, charges and disbursements. 2.7 Term of Agreement. The term of this Agreement shall be for four years. The rates specified in this Agreement will remain in effect for the term of this Agreement. For legal services in the year 2023 and beyond, the City reserves the right to extend this Agreement and to compensate the Criminal Prosecution Attorney as determined and negotiated by the City. 2.8 Chief Prosecutor. It is the intention of the parties and it is hereby agreed by the Criminal Prosecution Attorney, that the term "chief prosecutor" as used herein means and refers to Joseph Van Thomme who will supervise and be responsible to the City for the criminal prosecution services to be provided. 2.9 Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the Criminal Prosecution Attorney, and supersedes any other written or oral agreements between the City and the Criminal Prosecution Attorney. This Agreement can only be modified in writing signed by the City and the Criminal Prosecution Attorney. 2.10 Termination. This Agreement may be terminated by the City at any time or by the Criminal Prosecution Attorney upon 60 days written notice. 2.11 Conflict of Interest. The Criminal Prosecution Attorney shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the Criminal Prosecution Attorney shall arrange for suitable alternative legal representation. It is the intent of the Criminal Prosecution Attorney to refrain from handling legal matters for any other person or entity that may pose a conflict of interest. 2.12 Agreement Not Assignable. Except as provided in Paragraph 2.11 of this Agreement relating to conflicts of interest, the rights and obligations created by this Agreement may not be assigned by either party. 2.13 Agreement Not Exclusive. The City retains the right to hire other legal representation for specific legal matters. 2.14 Independent Contractor Status. All services provided by the Criminal Prosecution Attorney pursuant to this Agreement shall be provided by the Criminal Prosecution Attorney as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 4