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iv. Evaluate all cases for the appropriate charges and correct procedures to <br />be followed. <br />v. Represent City in all arraignments and pretrials in criminal matters. <br />vi. Perform legal research and writing necessary for criminal cases. <br />vii. Notify all witnesses and officers of necessary court appearances. <br />viii. Try all criminal court trial and jury trial cases. <br />ix. Examine, evaluate, prepare briefs and argue all appeals to the Minnesota <br />Court of Appeals and the Minnesota Supreme Court. <br />x. Perform legal services for motor vehicle forfeitures at the rate of $130 <br />per hour, which shall be billed monthly to City. The hourly rate is a <br />change from receiving 30% of the net proceeds of the sale of any <br />forfeited vehicles, which is no longer permitted under the revised <br />forfeiture law. <br /> <br />4. Amendment and Termination of Contract. <br />i. This contract between City and Prosecutor shall continue in full force <br />and effect until amended in writing by the mutual agreement of the <br />parties hereto or terminated in accordance with the conditions <br />hereinafter contained. <br />ii. Either party to this contract may terminate the same for any reason upon <br />90-days written notice to the other party. <br />iii. City may terminate this contract without advance notice in the event <br />Prosecutor is guilty of malfeasance or nonfeasance in office, has the <br />right to practice law in the State of Minnesota suspended, or disbarred, <br />or is found guilty of a felony. <br /> <br />5. Conflict of Interest. Prosecutor shall use best efforts to meet all professional <br />obligations to avoid conflicts of interest and appearances of impropriety in <br />representation of City. In the event of a conflict, Prosecutor shall arrange for <br />suitable alternative legal representation. It is the intent of Prosecutor to refrain <br />from handling legal matters for any other person or entity that may pose a <br />conflict of interest. <br /> <br />6. Contract Not Assignable. Except as provided in Paragraph 5 of this contract <br />relating to conflicts of interest, the rights and obligations created by this contract <br />may not be assigned by either party. <br /> <br />7. Independent Contractor Status. All services provided by Prosecutor pursuant to <br />this contract shall be provided by Prosecutor as an independent contractor and <br />not as an employee of City for any purpose, including but not limited to: income <br />tax withholding, workers' compensation, unemployment compensation, FICA <br />taxes, liability for torts and eligibility for employee benefits. <br /> <br />8. Work Product. All records, information, materials and other work product <br />prepared and developed in connection with the provision of services pursuant <br />to this contract shall become the property of City.