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
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