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CONTRACT NO. 22-41 RENEWAL OF CONTRACT FOR PROSECUTOR LEGAL SERVICES Recitals WHEREAS, on December 1, 2007, the Mayor and Common Council of the Town of Wickenburg (hereinafter called the “Town”) did approve a three (3) year Contract for Prosecutor Legal Services with the Law Office of Eileen M. McGuire, PLLC, attached to and incorporated herein as “Exhibit A.” WHEREAS, on December 1, 2010, the Mayor and Common Council of the Town of Wickenburg did approve a three (3) year renewal of the Contract for Prosecutor Legal Services with the successor in interest to McArthur & McGuire, the Law Office of Eileen M. McGuire, PLLC; and the Mayor and Common Council of the Town of Wickenburg did approve three (3) three (3) year renewals of that Contract, which renewals were dated December 1, 2013, December 1, 2016 and December 1, 2019. WHEREAS, the Town of Wickenburg desires to retain the services of the Contractor for an additional three (3) year term. Terms NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows: 1. The Contract for Prosecutor Legal Services between the Town and Contractor is hereby renewed for a period of three (3) years, commencing on December 1, 2022, and terminating automatically on December |, 2025. 2. Contractor’s hourly rate for prosecutor legal services was $214.44 effective December 1, 2021, and shall increase annually on each successive December | by the percentage of the Consumer Price Index for the Greater Phoenix area. 3. The balance of the Contract for Prosecutor Legal Services is hereby amended to reflect the purpose of this renewal. The Town and Contractor hereto acknowledge that except as expressly modified hereby, the terms of the Contract for Prosecutor Legal Services and all subsequent renewals remain unmodified and in full force and effect. 3626317.1 IN WITNESS WHEREOF, the Town and Contractor have executed this agreement as of the date set forth below their respective signatures. - rf Rui Pereira Date: [I- > - CU ATTEST: Bec Amy Brown, Towh Clerk APPROVED AS TO FORME iEBED Thist! Stuhan(Towr-Att To (Town-Attomey Pierce Coleman PLLC 36263171 Contractor: LAW OFFICE OF EILEEN M. McGUIRE, PLLC arniae = DUPLICATE ORIGINAL CONTRACT FOR PROSECUTOR LEGAL SERVICES CONTRACT dated this 1st__day of December, 2007, between the TOWN OF WICKENBURG, a municipal corporation of the State of Arizona, acting by and through its duly authorized officers, hereinafter called the “Town”, and MCARTHUR & MCGUIRE hereinafter called the “Firm.” RECITALS: 1. The Town requires the services of a Town Prosecutor to provide prosecution services to it. 2. Firm desires to provide legal services to Town in the capacity of Town Prosecutor. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows: TERMS: 1. APPOINTMENT OF TOWN ATTORNEY: Town hereby appoints and retains Firm as its Town Prosecutor. As Town Prosecutor, Firm shall provide prosecution services to Town. Such services shall include prosecution of violations of the Wickenburg Town Code and State law over which the Wickenburg Municipal Court has jurisdiction, in accordance with applicable Arizona Supreme Court rules and procedures. 2. ACCEPTANCE: The Firm hereby accepts the appointment and promises it will render, to the best of its abilities, the services described herein during the continuance of this Contract. 3. COMPENSATION: The Town shall pay to Firm for the services agreed to be rendered $_156.00 per hour, plus reimbursable expenses of postage, electronic research and litigation expenses including expert witness fees. This rate will be in effect for one (1) year from the date of this Contract. Firm shall bill Town on a monthly basis. Such bill shall be itemized and shall include charges for all time incurred during that month. The hourly charge will increase by the percentage increase in the Consumer Price Index (CPI) for the greater Phoenix area on the anniversary date of each year this Contract is in effect. 4. PAYMENT: The Town shall pay all compensation and reimbursable expenses within fifteen (15) days of mailing of statements or billings therefore, unless the parties agree otherwise. Unpaid invoices after thirty (30) days shall bear interest at the rate of fourteen percent (14%) per year. 5. STANDARD OF PERFORMANCE: Firm agrees to faithfully represent the interests of the Town as its’ Town Prosecutor and to.provide, furnish, and pay for all of Firm’s non-reimbursable overhead expenses, and to make available personnel and equipment necessary to accomplish those ends. Services shall be performed in accordance with all standards, canons, and practices, approved by the Arizona Supreme Court and the State Bar of Arizona. Contract: Town Prosecutor Services — 2007-2010 Page 2 of 3 6. WORKING FACILITIES: Firm shall furnish assistance to the Town from the Firm’s office normally suitable and adequate for the performance of the duties as set forth in this Contract. 7. INDEPENDENT CONTRACTOR: In performing the services herein specified, Firm is acting as independent contractor. 8. EXTENT OF SERVICES: Firm shall devote the necessary time and attention to its obligations as specified in this Contract. However, the Town recognizes that the Firm shall also be allowed to engage in the private practice of law that includes representation of clients other than the Town. The parties acknowledge there will be situations where Town may contract with other persons to provide specialized legal services beyond the scope of the Firm’s obligations under the Contract, including but not limited to, situations where the Firm has a conflict of interest or conflict in scheduling. The Firm shall not be required to handle or assist in the handling of such matters unless the conflict can be resolved. in such cases, the Firm shal! have the authority to contact substitute counsel to handle the matters under the same terms of this Contract. 9. BENEFIT: This Contract shall inure to the benefit of and be binding upon McArthur & McGuire, and its successors and assigns. In the event any employee of Firm should withdraw from the Firm or be unable to act during the term hereof, the remaining member or members of the Firm shall perform all services required hereunder and, at Firm’s option, additional qualified personnel may, at any time, be added to the Firm to perform said services. 10. TERM; TERMINATION: The term of this Contract shall begin upon appointment and run for a term of three (3) years. Either party may terminate this Contract upon ninety (90) days written notice to the other party. All amounts then due shall be paid upon termination. In the event Town shall fail to pay any fees when due, this Contract may be terminated by Firm giving written notice of termination to the Town. Town shall then make necessary arrangements for proper handling of pending matters and for payment of all fees and costs. 11. RENEWAL: This Contract can be renewed at the end of the three (3) year period by mutual consent to a renewed Contract of the parties for another three (3) year term. 12. LITIGATION: If either party to this Contract is required to enforce the provisions of any or all terms of this Contract by arbitration or litigation, the prevailing party shall be entitled to recover from the lesing party all costs and attorneys’ fees incurred herein. 13. NOTICES: Any notice required ‘or permitted to be given under this Contract shall be sufficient if in writing and if sent by.:certified or registered mail to the other party at the respective offices listed below: Eileen M. McGuire Gary Edwards, Town Manager McArthur & McGuire Town of Wickenburg 830 North Tegner Street 155 North Tegner Street, Suite A Wickenburg, AZ 85390 Wickenburg, AZ 85390 T:\CONTRACTS\2007\Prosecution-McGuireLegal.doc Contract: Town Prosecutor Services — 2007-2010 Page 3 of 3 14. CONFLICT OF INTEREST: Under A.R.S. §38-511, as amended, the Town of Wickenburg may cancel any contract it is a party to within three (3) years after its execution and without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the Town is, at any time while the contract or any extension thereof is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. In the event the Town elects to exercise its rights under A.R.S. §38-511, as amended, the Town agrees to immediately give notice thereof to Eileen M. McGuire, at the address specified above. 15. ENTIRE CONTRACT: This instrument contains the entire Contract of the parties. This Contract may be changed only by a written agreement signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Contract at the Town of Wickenburg, Arizona, the day and year first above written. TOWN OF WICKENBURG MCARTHUR & MCGUIRE ph LL VA By: aA AI- R.R. Badowski, Mayor Eileen M. McGuire, Town Prosecutor ATTEST: c : SoS en Rey,» © Donna Riffel, Town Clerk) U APPROVED TO AS FORM: Susan D. Goodwin, Town Attorney _ Curtis, Goodwin, Sullivan, Udall & Schwab, PLC T:\CONTRACTS\2007\Prosecution-McGuireLegal.doc CONTRACT NO. 19-34 RENEWAL OF CONTRACT FOR PROSECUTOR LEGAL SERVICES Recitals WHEREAS, on December 1, 2007, the Mayor and Common Council of the Town of Wickenburg (hereinafter called the “Town”) did approve a three (3) year Contract for Prosecutor Legal Services with the Law Office of Eileen M. McGuire, PLLC, attached to and incorporated herein as “Exhibit A.” WHEREAS, on December 1, 2010, the Mayor and Common Council of the Town of Wickenburg did approve a three (3) year renewal of the Contract for Prosecutor Legal Services with the successor in interest to McArthur & McGuire, the Law Office of Eileen M. McGuire, PLLC; and the Mayor and Common Council of the Town of Wickenburg did approve two three (3) year renewals of that Contract, which renewals were dated December 1, 2013 and December 1, 2016. WHEREAS, the Town of Wickenburg desires to retain the services of the Contractor for an additional three (3) year term. Terms NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows: 1. The Contract for Prosecutor Legal Services between the Town and Contractor is hereby renewed for a period of three (3) years, commencing on December 1, 2019, and terminating automatically on December 1, 2022. 2. Contractor’s hourly rate for prosecutor legal services shall be $198.38 effective December 1, 2019, and shall increase annually on each successive December 1 by the percentage of the Consumer Price Index for the Greater Phoenix area. 3. The balance of the Contract for Prosecutor Legal Services is hereby amended to reflect the purpose of this renewal. The Town and Contractor hereto acknowledge that except as expressly modified hereby, the terms of the Contract for Prosecutor Legal Services and all subsequent renewals remain unmodified and in full force and effect. 3626317.1 IN WITNESS WHEREOF, the Town and Contractor have executed this agreement as of the date set forth below their respective signatures. Contractor: LAW OFFICE OF EILEEN M. McGUIRE, PLLC By: Sho cactus AX T [e) Date: fof d-2- /) g Amy Brown, Town Clerk APPROVED AS A FORM: Trish S —— “ Gust Rosenfeld; 3626317.1