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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