HomeMy WebLinkAbout027187? /:I-
RESOLUTION NO. 2718
A RESOLUTION AUTHORIZING THE EXECUTION
OF A PROFESSIONAL SERVICES CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The contract for professional services, dated the 13th
day of April, 1971, copies of which are attached hereto and made
part hereof by reference, between the City of Pueblo, Colorado,
and Thomas E. Jagger for the position of City Attorney, is hereby
approved; subject to the conditions set forth in said contract.
SECTION 2.
The City Manager is hereby directed and authorized to
sign the contract for the City of Pueblo.
By
INTRODUCED April 12 , 1971
H REYES
Councilman
ATTEST:
City,` Clerk
v'
3/26/71
f°
i
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT OF EMPLOYMENT, made and entered into
this of Agril A.D., 1971 between THE CITY OF PUEBLO,
COLORADO, hereinafter referred to as Pueblo, and THOMAS E. JAGGER,
hereinafter referred to as Attorney,
WITNESSETH:
I. In consideration of mutual promises and agreements
herein contained, Pueblo does hereby employ Thomas E. Jagger as
City Attorney for a term of two (2) years from the first day of
the calendar month following the month this Agreement is approved
and executed by the parties hereto. Attorney is hereby retained
and does hereby agree to employ himself in the professional capacity
of the City Attorney and to manage and operate the Law Department
of the City of Pueblo in accordance with Article 6 and other
pertinent provisions of the Charter of Pueblo and such other pro-
visions provided in this Agreement.
II. Attorney further agrees that as a part of the
terms of employment he shall provide the following services to
Pueblo:
1. Prosecute all legal actions on behalf of the
City of Pueblo instituted in the Municipal Court or appealed to
the County Courts of the State of Colorado.
2. When requested by the City Manager, or
City Council:
(a) To institute and defend all legal actions
to which the City of Pueblo is a party.
(b) To advise the City Council, Boards,
Commissions or Agencies, and the City Manager in all legal matters
concerning the City of Pueblo or the particular Board, Commission
or Agency.
(c) To draft or review contracts and leases,
declarations of intent, deeds, easements and title opinions.
(d) To prepare and present evidence and
testimony when required in licensing and condemnation matters before
the City Council.
(e) To participate in and advise concerning
legal- administrative procedures.
(f) To attend all other meetings of the City
Council, City Boards or City Commissions.
3. To attend all regularly scheduled City Council
meetings unless otherwise directed.
4. To draft all ordinances and resolutions
requested by the City Manager or the City Council or any member
thereof.
5. To advise in the re- codification of ordinances
presently under consideration by the City Council, and after final
Council approval, to maintain text and index current with limited
distribution of amendatory material.
6. To defend City employees under Code Section
10 -16.3; provided that attorney fees of special counsel of employee's
choice when approved pursuant to said Section shall be paid by the
City and not be deducted from Attorney's compensation.
7. To maintain and keep files current and transmit
to his successor upon demand all files relating to Pueblo business.
8. To obtain professional and secretarial services
necessary to carry out the functions of the Law Department of the
City of Pueblo.
9. Attorney or in his absence a member of his firm
shall be available during normal business hours and for emergencies
at anytime needed.
-2-
III. In consideration of the services to be performed
by Attorney, Pueblo agrees to compensate Attorney as follows:
1. For services rendered in accordance with
Section II of this Agreement the sum of $62,000.00 per year payable
in twelve (12) equal monthly installments.
2. For all other work of a non - retainer type not
specified in Part II above and for representation of the City,
its Boards, Agencies and Commissions or City employees in State
or Federal District Courts and appeals therefrom Attorney shall
be compensated in addition to the above upon monthly billing at
Pueblo County Bar Association Minimum Fee rates plus actual
expenses, when such work and representation has been approved and
directed by the City Manager or City Council in accordance with
Charter and Ordinances. Travel and out of town expenses shall be
reimbursed according to the expenses and travel reimbursement rate
allowed City Employees.
3. Pueblo further agrees as follows:
(a) To pay Court costs and those costs
normally assessed to a client in litigation.
(b) To maintain and update the present
Municipal Law Library including McQuillin on "Municipal Corporations ".
(c) To pay the costs of printing of the Code
of Ordinances and amendatory material, including master sheets.
(d) To permit the Attorney to purchase through
the office of the City Purchasing Agent such office supplies and
equipment as he may deem necessary and the cost of such supplies
shall be deducted from the monthly payment of compensation.
(e) To provide office space and furnishings
sufficient for Attorney, or a member of his staff to be present in
the City Hall for a period of no less than two half -day periods
per week.
=10
(f) To provide facilities and space for
storage of legal files.
IV. It is further agreed between the parties hereto
that Attorney shall be permitted to continue a private law practice
in addition to the performance of the duties of City Attorney.
V. This Agreement shall not be assignable. In the
event of death or incapacitation of Attorney, Pueblo may terminate
this Agreement upon payment to the legal representatives of Attorney
for services rendered to Pueblo pursuant to this Agreement, the
payment to be based as far as possible on the fees as established
in this Agreement, or where this Agreement cannot be applied, then
the basis shall be the Attorney's payroll cost plus 100% for all
time actually and necessarily consumed under this Agreement; provided
however, that Pueblo shall not be responsible for distribution of
such payment among the legal representatives of Attorney.
VI. Claims against the City, its agencies or employees
shall be settled only with the consent and approval of the City
Manager or City Council pursuant to the Charter and Ordinances.
VII. This Agreement shall be binding upon and shall
inure to the benefit of Pueblo and Attorney, their successors,
executors, administrators and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals on the date first above written.
A
ATTEST:
C ;L �y Clerk
Thom E: gger