RESOLUTION NO le A RESOLUTION BY THE CITY TO AUTHORIZE A CONTRACT WITH PARKER AND ZEGA, PLC TO PROVIDE LEGAL SERVICES TO THE CITY

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1 RESOLUTION NO le A RESOLUTION BY THE CITY TO AUTHORIZE A CONTRACT WITH PARKER AND ZEGA, PLC TO PROVIDE LEGAL SERVICES TO THE CITY WHEREAS, the City of Lincoln, Arkansas does not have an elected City Attorney; and WHEREAS, since November, 2006, the City has used the services of Steven L. Parker and the firm of Parker and Zega, PLC to provide legal services; and WHEREAS, the City desires to continue using the legal services of Steven L. Parker and the firm of Parker and Zega, PLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINCOLN, ARKANSAS: That the City Council hereby authorizes the Mayor and Clerk/Treasurer: 1. To enter into the attached personal services contract with Parker and Zega, PLC to provide legal services to the City. 2. To take such steps as are necessary and incident to its implementation. PASSED AND APPROVED on this 14th day of January, APPROVED: ATTEST: Mayor Rob Hulse Beeker, Clerk-Treasurer

2 Parker and Zega, PLC Attorneys at Law P.O. Box 1160, 140 E. Buchannan St., Suite 1 Prairie Grove, Arkansas (479) (479) (fax) Steven S. Zega, Attorney* Steven L. Parker, Attorney January 4, 2013 Mayor Rob Hulse City of Lincoln PO Box 967 Lincoln AR Thank you for choosing Parker and Zega, PLC ("the Law Firm") for your legal needs. This is a letter of engagement, outlining our responsibilities in this process to each other. 1. Subject Matter of Agreement. The Law Firm, upon receipt of a fully executed copy of this agreement, and upon receipt of the retainer required by this agreement, agrees that it will represent the Client in the following matter: All legal services required by the municipality: including advice; drafting of ordinances and resolutions; attending council meetings; review of documents and contracts; criminal prosecution in City Court; representation of the City in all litigation; any other services of a legal nature as required. This Agreement is effective until January 31, 2014 unless terminated earlier by either party. 2. Legal Services to be Provided. This agreement requires that the Law Firm represent the Client with respect to the above-described subject matter only. Any other matters, other than those incidental to and necessarily included with the above subject matter, must be the subject of a separate agreement between the Law Firm and the Client. 3. Appeals Not Required by This Agreement. This agreement does not obligate the Law Firm to appeal on behalf of the Client from any judgment, opinion or order, nor otherwise seek review of any judgment, opinion or order. 4. Legal Fees Payable by the Client. The Client agrees to pay the Law Firm for its legal services in accordance with the fee computation method checked below: [X] (a) Hourly Rate. Services performed by the attorney with primary responsibility normally will be based on the hourly rate of $ The legal fees for other attorneys performing services in this matter may vary depending upon the attorney involved and the nature *Licensed in Arkansas and Oklahoma

3 of the services performed. All services performed by paralegals or legal assistants will be based on the hourly rate of $35.00, and all services performed by law clerks will be based on an hourly rate of $ The Client will be billed on an hourly rate basis for all services rendered, with time recorded in multiples of 10ths of an hour. The minimum time devoted and billed to any one task will be twotenths (0.2) of an hour. This includes all time devoted to conferences, telephone calls, review and preparation of correspondence, preparation of pleadings and other documents, appearances at meetings, depositions, court hearings, or other proceedings, including travel time to and from such proceedings, court filings, legal research, negotiations and all other legal services provided in this matter. [1 (b) Fixed Fee. For all services required by this agreement, the Law Firm shall be paid a fee of $--, including costs. Provided, however, that should this matter become contested in any way, the client will pay the law firm an hourly rate as set forth in (a) above. [1 (c) Contingent Fee. The Client agrees to pay the Law Firm a fee contingent upon the outcome in this matter: 33 1/3% of all sums actually recovered for the client. 1 (d) Statutory Fee. The legal fees in this matter are fixed by statute, rule or regulation (Probate, Social Security, etc.), and the Client agrees to pay the Law Firm in accordance with such statute, rule or regulation. [1 (e) Potential for Legal Fees to Be Recovered. ONLY IF THIS BOX IS CHECKED, the Attorney has evaluated this case and believes that a Court or other adjudicative body may award the Client his, her or its attorney's fees in the event Client prevails. Despite that evaluation, Client understands and agrees that Client is primarily responsible for payment of fees. To the extent attorney's fees are awarded in this matter, and to the extent said fees are actually collected from the adverse party, the Law Firm will apply said collected fees in the following order: (i) First, to reimburse the client for attorney's fees (to the exclusion of costs), without interest or penalty to the Law Firm, until the Client is made whole for attorney's fees expended from said collected fees; and (ii) Second, if any excess remains after the client has been made whole, to the Law Firm. Law Firm will use all reasonable efforts to collect attorney's fees from the adverse party. 5. Costs and Expenses Payable by the Client. In addition to payment of the legal fees as stated above, and regardless of the fee computation method designated, the Client agrees to pay to the Law Firm the costs of extraordinary photocopying, facsimile charges, extraordinary telephone toll charges, messenger and delivery services, computer legal research charges, travel *Licensed in Arkansas and Oklahoma

4 expenses, extraordinary postage, and all other out-of-pocket expenses incurred or advanced by the Law Firm in this matter, and the Client further agrees to pay to the Law Firm or directly to others all filing fees and other court costs, fees for experts, fees for medical examinations or records, fees for service of process, investigative expenses, witness fees, costs of depositions, costs of obtaining copies of documents, bond premiums, recording fees, and any other costs or expenses properly related to this matter. 6. When Payments Are Due. Legal fees, costs and expenses shall be payable by the Client as follows: (a) Initial Payment (Retainer). The Law Firm will begin its representation of the Client upon the receipt of $0.00. $-0- is for attorney's fees; $-0- is for filing fees, and $-0- is for process server's fees. This sum will be used to pay the Client's fees, costs and expenses in accordance with this agreement. Until this payment is received, this agreement will not be effective. (b) Subsequent Payments. The Law Firm will send the Client itemized bills from time to time. Bills are normally mailed at the end of each month. The Law Firm may require that costs and expenses be paid in advance. All bills are due upon receipt. The minimum monthly payment will be $300 on any bill of $1200 or more. Any other bill must be paid monthly at a rate of 25% of the largest monthly balance. (c) Interest on Unpaid Bills. The Client will be charged interest at a yearly rate of 10% (ten percent per annum) on any balance that is not paid within 30 days from the date of the bill. 7. Termination of Agreement. The Law Firm may terminate this agreement and withdraw from representing the Client if the Client breaches any of the Client's obligations under this agreement, including the obligation to pay any bill when due, or if the Law Firm is required to withdraw from representing the Client because of the rules of professional conduct governing attorneys. The Client is entitled to terminate this agreement at any time, subject to the Client's contractual liability to pay all fees, costs and expenses due to the Law Firm at the time of termination. If the Client fails to pay the minimum monthly amount set forth in paragraph 6 above, payment for two (2) consecutive months, the Law Firm will be entitled to withdraw from representation. 8. Client's Obligations in Aiding Representation. The Client agrees that the Client will: (a) Tell the lawyers and their staff the truth; (b) Promptly advise the Law Firm of any change in phone number, address, marital status, or place of employment; (c) Assist the Law Firm in: securing the names, addresses and phone numbers of witnesses; in locating physical evidence; in securing and organizing documentary evidence;

5 (d) Submit to such physical, psychological, medical or other testing as the Law Firm may direct and may be appropriate to the case; (e) Timely comply with requests to complete answers to legal discovery; (f) Not ask the Law Firm to do anything illegal or unethical; and (g) Not willfully violate any court order. Upon one major infraction of any of these conditions or repeated minor infractions the Law Firm may terminate this agreement in accordance with paragraph 8 above. 9. Complete Agreement. This writing includes the entire agreement between the Client and the Law Firm in this matter. This agreement can only be modified with another written agreement signed by the Client and the Law Firm. This agreement shall be binding upon both the Law Firm and the Client and their respective heirs, legal representatives and successors in interest. 10. Signatures. Both the Client and the Law Firm have read and agreed to this agreement. The Law Firm has provided the Client with answers to any questions and has explained this agreement to the complete satisfaction of the Client, who has also been given a copy of this agreement. Steven L. Parker - Attorney Rob Hulse, Mayor - Client Becky earier, Clerk/Treasurer - Client