HomeMy WebLinkAboutResolution 2011-035 first amendment to the agreement for legal services with barry m. corey MARANA RESOLUTION NO. 2011-35
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH
BARRY M. COREY OF THE LAW FIRM OF DeCONCINI McDONALD YETWIN & LACY,
P.C., PROVIDING FOR MR. COREY'S REPRESENTATION OF THE GRIEVANCE
REVIEW COMMITTEE ESTABLISHED BY THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS'
ASSOCIATION
WHEREAS the Town Council via Resolution No. 2007 -198 approved an agreement for
legal services between the Town and Barry M. Corey of the law firm of DeConcini McDonald
Yetwin & Lacy, P.C., on November 20, 2007 providing for Mr. Corey's representation of the
Marana Personnel Action Review Board (PARB); and
WHEREAS pursuant to the Memorandum of Understanding (MOU) between the Town
of Marana. and the Marana Police Officers' Association (MPOA), approved and adopted by the
Town Council on June 15, 2010 via Resolution No. 2010 -60, the Town has established the
Grievance Review Committee (GRC) to conduct hearings regarding employment- related
grievances brought by members of the MPOA; and
WHEREAS the MOU provides that the GRC may be assisted by an attorney who is
appointed by and paid for by the Town; and
WHEREAS to assure that there are no conflicts of interest, it is appropriate for the GRC
to have independent legal counsel to guide it in its decision - making process; and
WHEREAS Mr. Corey has acted as the attorney for the PARB since November 20, 2007
and is qualified to act in the same capacity for the GRC.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The first amendment to the legal services agreement between the Town of
Marana and Barry M. Corey, attached to and incorporated by this reference in this resolution as
Exhibit A, is hereby approved, and the Mayor is hereby authorized and directed to execute it for
and on behalf of the Town of Marana.
Marana Resolution 2011 -35 - - {00025397.DOC /}
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the aforementioned first amendment to legal services agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15 day of March, 2011.
Mayor td Honea
ATTEST: APPROVED AS TO FORM:
J celyn C, Town Clerk F ank !C dy,
O N
OF
a Wpo
SEAL
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Marana Resolution 2011 -35 -2- {00025397.130C /}
FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN THE TOWN OF MARANA AND
BARRY M. COREY OF THE LAW FIRM
DeCONCINI McDONALD YETWIN & LACY, P.C.
This First Amendment to the agreement for legal services (this "Amendment ") is entered into
by the Town of Marana, an Arizona municipal corporation ( "Town ") and Barry M. Corey of the law
firm DeConcini McDonald Yetwin & Lacy, P.C. ( "Counsel "). Town and Counsel are sometimes
collectively referred to as the "Parties," each of which is sometimes individually referred to as a
"Part "
Y•
RECITALS
A. The Parties entered into an agreement for legal services providing for Counsel's
representation of the Marana Personnel Action Review Board, an independent board of the
Town, on November 20, 2007 (the "Original Agreement ").
B. Pursuant to a Memorandum of Understanding (the "MOU ") between the Town and the
Marana Police Officers' Association (the "MPOA "), approved and adopted by the Town
Council of the Town of Marana on June 15, 2010, the Town has established the Grievance
Review Committee, an independent committee of the Town appointed to conduct hearings
regarding employment - related grievances brought by members of the MPOA.
C. Pursuant to the MOU, the Grievance Review Committee may be assisted by an attorney who
is appointed by and paid for by the Town.
D. The Town has determined that the Grievance Review Committee has an immediate and
continuing need for an attorney to advise, counsel and represent the Committee
E. The Parties now desire to amend the Original Agreement to provide for Counsel's
representation of the Grievance Review Committee.
AGREEMENT
Now, THEREFORE, in consideration of the mutual promises made in this Amendment, the
Parties agree as follows:
1. Incorporation of the Recitals The foregoing Recitals are incorporated here by this
reference.
2. Representation of Grievance Review Committee Counsel shall serve as attorney for the
Grievance Review Committee pursuant to the same terms and provisions as described in the
Original Agreement for representation of the Marana Personnel Action Review Board.
3. Other terms Except as modified by this Amendment, all terms and provisions of the
Original Agreement shall remain in full force and effect and shall apply to this Amendment.
4. Counterparts This Amendment may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterparts may be removed from the
counterparts and attached to a single instrument so that the signatures of all Parties may be
physically attached to a single document.
(00025394.DOC /) - 1 - 2/22/2011
5. Entire Agreement This Amendment constitutes the entire agreement between the Parties
pertaining to the subject matter of this Amendment. All prior and contemporaneous agreements,
representation and understanding of the Parties, oral or written, are hereby superseded and
merged in this Amendment.
IN WITNESS WHEREOF the Parties have executed this Amendment as of the last Party's signature
date below.
THE TOWN OF MARANA, COUNSEL
an Arizona munic'p corporation
fi e
Ed Honea Blirxy._�& Corey
Mayor DeConcini McDonald Yetwin & acy, P.C.
Date Date
ATTEST:
ff el yn onson, Town Clerk
PRO D AS I
F nk idy, Town Atto ey
{00025394.DOC /} -2- 2/22/2011