Loading...
HomeMy WebLinkAbout4279RESOLUTION NO. 4279 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL 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 9, 1978 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 Corporation, and the City Clerk is directed to attest same and affix the seal of the City thereto. INTRODUCED October 23, 1978 By MIKE SALARDINO Councilman APPROVED: A ,! President of the City Counci ATTEST: Y C er] G` AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 9th day of October, 1978 between PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as Pueblo, and THOMAS E. JAGGER, hereinafter 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 three (3) years from the first day of January, 1979 to the first day of January, 1982. Attorney is hereby retained and does hereby agree to employ him- self 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 either through himself or other attorneys engaged by him the following services to Pueblo: 1. Prosecution of legal actions instituted in the Municipal Court on behalf of the City of Pueblo 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 and Boards, Depart- ments, Commissions or Agencies of the City of Pueblo and the City Manager in all legal matters concerning the City of Pueblo or the particular Board, Commission, Agency or Department. (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. Furnish professional and secretarial services necessary to carry out the functions of the Law Department of the City of Pueblo which shall include at least four attorney equivalents and two secretaries. 7. Attorney or in his absence another qualified attorney engaged by him 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 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 by Attorney and those attorneys engaged by him, Pueblo agrees to compensate Attorney as follows: 1. For services rendered in accordance with Section II of this Agreement an annual fee of $189,000.00 payable in twelve (12) equal monthly installments, in advance, commencing January 1, 1979. At the time Pueblo conducts two Municipal Courts or expands its present Municipal Court system, the annual fee shall be increased mr-a by mutual consent to compensate Attorney for additional expenses incurred to provide 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 in excess of 500 hours annually, Attorney shall be compensated in addition to the above annual fee, upon monthly billing, at the hourly rate of $50.00 per hour for district court and $60.00 per hour for appellate court, plus actual expenses. The compensation provided for in paragraph 1 and 2 hereof shall be annually increased by 80. 3. Pueblo further agrees as follows: (a) To pay Court costs and those costs normally charged 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 equipment as he may deem necessary. (d) To provide facilities and space for storage of legal files. (e) To pay for professional liability insurance for those attorneys engaged by Attorney to perform services hereunder. 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 agreement upon 60 days prior written notice given to Attorney. CtIC 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 WHERE, the parties have hereunto set their hands and seals on the date first above written. CITY OF PUEBLO By 2L..., Aa sue' PrdN Council ATTEST: 1T City AC 1 rk i Thomas E. Ja The undersigned as City Manager of the City of Pueblo does hereby appoint Thomas E. Jagger as the City Attorney of the City of Pueblo for the term and upon the conditions set forth in the foregoing Agreement. Dated the 9th day of October, 1978. - - 'ej h Fred k. Wersbrod -4-