Loading...
HomeMy WebLinkAbout03201RESOLUTION NO. 3201 A RESOLUTION APPROVING AN AGREEMENT FOR PRO- FESSIONAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THOMAS E. JAGGER AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. The Agreement For Professional Services dated October 1, 1973 between Pueblo, A Municipal Corporation and Thomas E. Jagger, a copy of which is attached hereto and incorporated herein, is hereby approved and the President of the City Council is authorized to execute same for and on behalf of Pueblo, A Municipal Corpora- tion, and the City Clerk is directed to attest same and affix the seal of the City thereto. SECTION 2. This Resolution shall become effective immediately upon passage. INTRODUCED October 8, 1973 By PAT KELLY Councilman APPROVED: Attest: President o ity Co it C ty 1e AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT OF EMPLOYMENT, made and entered into this lst day of October, 1973 between PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as Pueblo, and THOMAS E. JAGGER, herein- after referred to as Attorney, WITNESSETH: 1. In consideration of the mutual promises and agreements herein contained, Pueblo does hereby appoint and employ Thomas E. Jagger as City Attorney for a term of five (5) years from the first day of October, 1973 to the 30th day of September, 1978. Attorney is hereby retained and does hereby agree to employ himself in the professional capacity of 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 the terms of this Agreement. II. Attorney shall provide or cause to be provided the following services to Pueblo: 1. Prosecution of 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, Departments, Commissions or Agencies, and the City Manager in all legal matters concerning the City of Pueblo or the particular Board, Commission, Agency or Department. z (c) To draft or review ordinances, resolutions, contracts, leases, declarations of intent, deeds, easements, and title opinions. (d) To prepare and present evidence and testimony when required during hearings before the City Council. (e) To participate in and advise concerning legal - administrative procedures. (f) To attend meetings of City Boards or Commissions as required. 3. Attend all regularly scheduled City Council and executive committee meetings, unless otherwise directed. 4. Advise in the re- codification of ordinances. 5. Maintain and keep files current and transmit to his successor upon demand all files relating to Pueblo business. 6. Obtain professional and secretarial services necessary to carry out the functions of the Law Department of the City of Pueblo. 7. Attorney or in his absence a member of his firm shall be available during normal business hours and for emergencies when needed. 8. Perform or cause to be performed such other services requested by the City Manager or City Council which are reasonably necessary for the adequate and efficient legal representation of Pueblo. 9. Provide and furnish at no cost to Pueblo all office space, equipment, furnishings, supplies (except letterhead stationery and copying service), telephones and utilities required to perform this agreement. III. In consideration of the legal services to be performed, Pueblo agrees to compensate Attorney as follows: -2- 1 For services rendered in accordance with Section II of this Agreement an annual fee of $98,500.00 payable in twelve (12) equal monthly installments. At the time Pueblo conducts two Municipal Courts or expands its present Municipal Court system, the annual fee shall be increased by mutual consent to compensate Attorney for additional expenses incurred to pro- vide services for such expanded court system. 2. 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 annual fee, upon monthly billing, at the hourly rate of $35.00 per hour for district court and $40.00 per hour for appellate court, plus actual expenses. The compen- sation provided for in paragraph 1 and 2 hereof shall be annually increased by 6% if not prohibited by any wage or price controls then in effect and if so limited the annual increase shall be the maximum increase authorized but in no event shall such increase exceed 6% per rate annum. 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 supplement its Municipal Law Library. (c) To permit the Attorney to purchase through the office of the City Purchasing Agent such office supplies and equip- ment as he may deem necessary and the cost of such supplies shall be deducted from the monthly payment of compensation. (d) To provide facilities and space for storage of legal files. -3- IV. It is further agreed between the parties hereto that Attorney shall continue his 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 the death of Attorney this Agreement shall terminate and Pueblo shall pay to the legal representative of Attorney for all services rendered to Pueblo pursuant to this Agreement a sum to be based as far as possible on the fees set forth herein. In the event Attorney shall fail to adequately and efficiently perform the services provided for herein, Pueblo may terminate this agree- ment upon 30 days prior written notice given to 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. CITY OF PUEBLO i By President of t e Counci -�� -� ATTEST: City�le Thomas F% agge L___ -4-