Dan R Olsen Attorney At Law ~ C180034 _a
r.
City of`Tigard
October 1, 2018
Dan R Olsen,Attorney at Law
Attn: Dan R Olsen
2918 SE Main
Portland OR 97214
REF.: Attorney Services Contract
Period:January 1, 2019 through December 31, 2019
CONTRACT NOTICE OF AWARD-RENEWAL
Contract# C180034
Dear Mr. Olsen:
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the _lgreement, desires to exercise its first (1) one-
year extension to the Contract effective from January 1, 2019 through December 31; 2019. This
renewal period shall be governed by the specifications, pricing, and the terms and conditions set
forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Dan R Olsen,Atiorney at Law.
Sincerely,
r
Jamie Greenberg
Purchasing Assistant
503-718-2492
jamie@dprd-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements,terms,and conditions as set forth in the above referenced Contract.
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CITY OF TIGARD.OREGON-CONTRACT SUMMARY FORM
THIS FORM MUSTACCOMPANYEVERY CONTRACT
Contract Title: Attorney Services—On-Call Number:
Contractor: Dan R Olsen,:attorney at Law Contract Total: $195/hour
Contract Overvielkv: On-Call Attorney Services to be used on an as needed basis.
Initial Risk Lev-et ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract:Manager: Shelby Rihala Ext. 25"79 Depattment .attorney
Type: ❑ Personal Svc ® Professional Sx-c ❑ .ai:chitectutal.A.gt ❑ Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Start Date. 1/9/18 End Date: 12/31/2018_
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Account String: Fund-Division-Account Fork Order—Activity Ing_Amount,
FY
FY
FY
FY
FY
A�urovals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
Ciq lblanager Comments:
Citv Manager Signature:'---
After
ignature: --After securing all requited approvals, forward original copy to the Contracting and Purchasing OiEce along with a
completed Contract Checklist.
CITY OF TIGARD,OREGON
ATTORNEY SERVICES CONTRACT
THIS AGREEMENT made and entered into this 9thth day of January,2018 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called City, and Dan R. Olsen, .attorney at Law,
hereinafter called Legal Counsel,
RECITALS
NXTIREAS,the City's 2017-2018 Fiscal Year budget provides as needed attorney services;and
WHEREAS, City has need for the services of an attorney or attorney firm with a particular training, ability,
knowledge,and experience possessed by Legal Counsel,and
WHEREAS, City has determined that Legal Counsel is qualified and capable of performing the professional
services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE,the Parties agree as follows:
1. LEGAL SERVICES TO BE PROVIDED
Legal Counsel shall initiate services immediately upon receipt of City's notice to proceed together with
an executed copy of this Agreement. Legal Counsel agrees to perform on-call,general counsel legal work,
and real estate services as requested by City. Any and all work assigned by the City will be contained in
subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective January 9,2018, and shall expire,unless otherwise terminated or
extended, on December 31, 2018. This Agreement may be extended at the written agreement of both
parties,with sixty (60) days'notice, for up to four (4) additional one (1)year terms. All work under this
Agreement shall be completed prior to the expiration of this Agreement. In accordance with the City's
best practice,the total duration of this agreement may not exceed five (5)years.
3. COMPENSATION
A. The City agrees to pay Legal Counsel in accordance with this section for performance of services
described herein. Payment shall be based upon a detailed monthly billing showing work performed
and identifying specific legal matters worked on.
B. Hourly Rates
The Parties agree on a rate of One Hundred Ninety-Five and No/100 Dollars ($195.00) per hour
during the first year of this Agreement. The Parties may,by mutual agreement,adjust these rates each
year upon written mutual acceptance of an extension year. Any proposed new price must be in
writing sixty (60) days prior to a new contract year.
C. The direct cost for such items as long distance charges,messenger services,printing,mileage (at the
contract year's IRS approved rate),copy charges,faxes,and the like will be billed to the City with no
markup or overhead charge added. Mileage for trips between Legal Counsel's office(s) and the City
offices shall not be charged to the City.
City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 (503) 639-41711 www.tigard-or.gov
D. Payment will be made in installments based on Legal Counsel's invoice, subject to the approval of
the City Manager, or designee, and not more frequently than monthly. Payment shall be made
only for work actually completed as of the date of invoice.
E. Payment by City shallrelease City from any further obligation for payment to Legal Counsel, for
ser%ices performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
F. Legal Counsel shall make payments promptly,as due, to all persons supplying labor or materials for
the prosecution of this work.
G. Legal Counsel shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
H. Legal Counsel shall pay to the Department of Revenue all sums withheld from employees pursuant
to.ORS 316.167.
I. If Legal Counsel fails,neglects or refuses to make prompt payment of any claim for labor or services
furnished to Legal Counsel or a subcontractor by any person as such claim becomes due, City's
Finance Director may pay such claim and charge the amount of the payment against funds due or to
become due the Legal Counsel. The payment of the claim in this manner shall not relieve Legal
Counsel or their surety from obligation with respect to any unpaid claims.
J. Legal Counsel shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one week except for individuals under the contract who are excluded under ORS 653.010
to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
K. Legal Counsel shall promptly, as due, make payment to any person, co-partnership, association or
corporation,furnishing medical,surgical and hospital care or other needed care and attention incident
to sickness or injury to the employees of Legal Counsel or all sums which Legal Counsel agrees to
pay for such services and all moneys and sums which Legal Counsel collected or deducted from the
wages of employees pursuant to any law, contract or agreement for the purpose of providing or
paying for such service.
L. The City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this contract.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Legal
Counsel which result from this Agreement, including any computations, plans, correspondence or
pertinent data and information gathered by or computed by Legal Counsel prior to termination of this
Agreement by Legal Counsel or upon completion of the work pursuant to this Agreement
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and until
the other party has so consented. If City agrees to assignment of tasks to a subcontract,Legal Counsel
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shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by
them, and neither the approval by City of any subcontractors nor anything contained herein shall be
deemed to create any contractual relation between the subcontractors and City.
6. STATUS OF LEGAL COUNSEL AS INDEPENDENT LEGAL COUNSEL
Legal Counsel certifies that:
A. Legal Counsel acknowledges that for all purposes related to this Agreement, Legal Counsel is and
shall be deemed to be an independent Legal Counsel as defined by,ORS 670.700 and not an employee
of City,shall not be entitled to benefits of any kind to which an employee of City is entitled and shall
be solely responsible for all payments and taxes required by law. Furthermore,in the event that Legal
Counsel is found by a court of law or any administrative agency to be an employee of City for any
purpose,City shall be entitled to offset compensation due,or to demand repayment of any amounts
paid to Legal Counsel under the terms of this Agreement,to the full extent of any benefits or other
remuneration Legal Counsel receives (from City or third party) as a result of said finding and to the
full extent of any payments that City is required to make (to Legal Counsel or to a third party) as a
result of said finding.
B. The undersigned Legal Counsel hereby represents that no employee of the City, or any partnership
or corporation in which a City employee has an interest,has or will receive any remuneration of any
description from Legal Counsel, either directly or indirectly, in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
If this payment is to be charged against Federal funds, Legal Counsel certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his or her
normal charge for the type of service provided.
Legal Counsel and its employees, if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year by any
public employer participating in the Retirement System.
C. Legal Counsel certifies that it currently has a City business license or will obtain one prior to delix-ering
services under this Agreement
D. Legal Counsel is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. INDEMNIFICATION
City has relied upon the professional ability-and training of Legal Counsel as a material inducement to
enter into this Agreement. Legal Counsel warrants that all its work will be performed in accordance
with generally accepted professional practices and standards as well as the requirements of applicable
federal,state and local laws,it being understood that acceptance of Legal Counsel's work by City shall
not operate as a waiver or release.
Legal Counsel agrees to indemnify and defend the City, its officers, agents and employees and hold
them harmless from any and all liability, causes of action, claims,losses,damages,judgments or other
costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,
whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which
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in any way arise from, during or in connection with the performance of the work described in this
contract, except liability arising out of the sole negligence of the City and its employees. Such
indemnification shall also cover claims brought against the City under state or federal worker's
compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this
indemnification.
8. INSURANCE
Legal Counsel and any subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover allrisks arising directly or indirectly out
of Legal Counsel's activities or work hereunder,including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Legal Counsel and its subcontractors shall provide
at least the following limits and coverages:
A. Commercial General Liability Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
B. Legal Errors & Omissions/Lawyers Professional Liability Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect during the term of this
contract, Legal Errors & Omissions/Lawyer's Professional Liability Insurance covering any
damages caused by an error, omission or any negligent acts. This coverage shall include Annual
Aggregate&Per Occurrence limits of$350,000 per attorney.
C. Commercial Automobile Insurance
Legal Counsel shall also obtain,at Legal Counsel's expense,and keep in effect during the term of
the contract, Commercial Automobile Liability coverage including coverage for all owned, hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than
$500,000.
D. Personal Liability Umbrella. Personal liability umbrella coverage in an amount not less than
$1,000,000.
E. Workers' Compensation Insurance
The Legal Counsel,its subcontractors,if any, and all employers providing work,labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law shall
comply with ORS 656.017, which requires them to provide workers' compensation coverage that
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satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Legal Counsels who perform work without the assistance or
labor of any employee need not obtain workers'compensation coverage.All non-exempt employers
shall provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each
accident.
F. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile Insurance policies and
other policies the City deems necessary shall include the City,its officers,directors,and employees
as additional insureds with respect to this contract.
G. Extended Reporting Coverage
If any liability insurance required by this contract is arranged on a "claims made"basis, Extended
Reporting coverage will be required at the completion of this contract to a duration of 24 months
or the maximum time period the Legal Counsel's insurer will provide if less than 24 months. Legal
Counsel will be responsible for furnishing certification of Extended Reporting coverage for 24
months following contract completion. Continuous "claims made"coverage will be acceptable in
lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective
date of this contract.
6. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to
renew insurance coverage without 30 days'written notice to the City. Any failure to comply with
this provision will not affect the insurance coverage provided to the City. The 30 days'notice of
cancellation provision shall be physically endorsed on to the policy.
7. Insurance Carrier Rating
Coverages provided by the Legal Counsel must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
8. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Legal Counsel shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the required certificates
have been received and approved by the City. The certificate will specify and document all
provisions within this contract. A renewal certificate will be sent to the above address 10 days
prior to coverage expiration.
9. Independent Legal Counsel Status
The service or services to be rendered under this contract are those of an independent Legal
Counsel. Legal Counsel is not an officer, employee or agent of the City as those terms are used
in ORS 30.265.
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10. Primary Coverage Clarification
The parties agree that Legal Counsel's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
11. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
Legal Counsel's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy,
certified as a true copy by an authorized representative of the issuing insurance company, or at the
discretion of City,in lieu thereof,a certificate in form satisfactory-to City certifying to the issuance of such
insurance shall be forwarded to:
City of Tigard
Attn: Contracts and Purchasing
13125 SW Hall Boulevard
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit Legal Counsel's liability hereunder.
Notwithstanding said insurance, Legal Counsel shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
9. METHOD &PLACE OF SUBMITTING NOTICE,BILLS AND PAYMENTS
All notices,bills and payments shall be made in writing and may be given by personal delivery,mail or by
fax. Payments may be made by personal delivery,mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments,and other information:
CITY OF TIGARD DAN R.OLSEN,ATTORNEY AT LAw _
Attn: Shelby Rihala, City Attorney Attn: Dan R. Olsen
Address: 13125 SW Hall Boulevard Address: 2918 SE Main
Tigard, Oregon 97223 Portland, Oregon 97214
Phone: (503) 718-2759 Phone: (503) 680-9110
Email Address: shelbyr@dgard-or.gov Email Address: danolaw.olsen@gmail.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid,
or when so faxed, shall be deemed given upon successful fax. In all other instances, notices,bills and
payments shall be deemed given at the time of actual delivery. Changes may be made in the names and
addresses of the person to who notices, bills and payments are to be given by giving written notice
pursuant to this paragraph.
10. MERGER
This writing is intended both as a final expression of the Agreement between the parties with respect to
the included terms and as a complete and exclusive statement of the terms of the Agreement. No
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modification of this Agreement shall be effective unless and until it is made in writing and signed by both
parties.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by a
Legal Counsel that does not represent clients on matters contrary to City interests. Further,Legal Counsel
shall not engage services of an attorney and/or other professional who individually,or through members
of his/her same firm,represents clients on matters contrary to City interests.
Should the Legal Counsel represent clients on matters contrary to City interests or engage the services on
an attorney and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests,Legal Counsel shall consult with the appropriate
City representative regarding the conflict
After such consultation, the Legal Counsel shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period,the agreement
may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause,City shall have the right in its sole discretion,to terminate this Agreement
by giving notice to Legal Counsel. If City terminates the contract pursuant to this paragraph,it shall pay
Legal Counsel for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Legal Counsel,or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state,local,or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be
modified to accommodate a reduction in funds
2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this Agreement
3) If any license or certificate required by law or regulation to be held by Legal Counsel, its
subcontractors,agents,and employees to provide the services required by this Agreement is for
any reason denied,revoked,or not renewed.
4) If Legal Counsel becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Legal Counsel,if a receiver or trustee is appointed for Legal Counsel,or if there is an
assignment for the benefit of creditors of Legal Counsel.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default(including breach of contract) to Legal Counsel,may terminate the
whole or any part of this Agreement:
1) If Legal Counsel fails to provide services called for by this agreement within the time specified
herein or any extension thereof,or
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2) If Legal Counsel fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its terms,
and after receipt of written notice from City, fails to correct such failures within ten (10) days
or such other period as City may authorize.
3) If Legal Counsel fails to eliminate a conflict as described in Section 11 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including breach of
contract)by Legal Counsel shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement
If City terminates this Agreement under paragraph B,Legal Counsel shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred, an amount which bears the
same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Legal
Counsel bear to the total services otherwise required to be performed for such total fee;provided,,
that there shall be deducted from such amount the amount of damages,if any,sustained by City due
to breach of contract by Legal Counsel. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Legal Counsel as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
15. BAR MEMBERSHIP/OCAA MEMBERSHIP REQUIREMENTS
Legal Counsel is responsible fox maintaining Legal Counsel's professional standing as a member of
the Oregon State Bar Association and the Oregon City Attorney's Association.
16. FORCE MA EURE
Neither City nor Legal Counsel shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil
unrest,volcano,earthquake,fire,flood,epidemic,quarantine restriction,area-wide strike,freight embargo,
unusually severe weather or delay of sublegal Counsel or supplies due to such cause;provided that the
parties so disenabled shall within ten (10) days from the beginning of such delay,notify the other party in
writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim
for additional compensation. Each party shall, however, make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under the Agreement
17. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Legal Counsel of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment
to any extent of its rights to assert or rely upon such terms or rights on any future occasion.
18. NON-DISCRIMINATION
Legal Counsel agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Legal Counsel also shall comply with the Americans with
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Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant
to those laws.
19. ERRORS
Legal Counsel shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
20. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement, Shelby Rihala, City Attorney, may authorize extra
(and/or change)work. Failure of Legal Counsel to secure authorization for extra work shall constitute a
waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra
work and Legal Counsel thereafter shall be entitled to no compensation whatsoever for the performance
of such work.
21. ATTORNEY FEES
In case suit or action is instituted to enforce the prox isions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the
State of Oregon. Any action or suits involving any question arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Legal Counsel shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and contractors and
income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a
part of this agreement.
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict between
the terms of this instrument in the proposal of the contract, this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
25. AUDIT
Legal Counsel shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract period.
Legal Counsel agrees to permit City,the State of Oregon,the federal government,or their duly authorized
representatives to audit allrecords pertaining to this Agreement to assure the accurate expenditure of
funds.
26. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the agreement.
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27. MEDICAL CARE AND WORKERS'COMPENSATION
Legal Counsel shall promptly, as due, make payment to any person, co-partnership, association or
corporation, fiunishing medical, surgical and hospital care or other needed care and attention incident to
sickness or injury, to the employees of such Legal Counsel, of all sums which the Legal Counsel agrees to
pay for such sen-ices and all moneys and sums which the Legal Counsel collected or deducted from the
wages of the employees pursuant to any law,Legal Counsel agreement for the purpose of providing or pa)ing
for such service.
28. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver,
consent,modification,or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent,modification, or change if made,shall be effective only in
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Legal Counsel, by the
signature of its authorized representative, hereby acknowledges that he has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned
officer and Legal Counsel has executed this Agreement on the date hereinabove first written.
CITY OF TIG DAN R. OLSEN,A oRNEY AT LAW
By: Marty Wine, City Manager B3.Auffiorized Agent of Legal Counsel
Date Date
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