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HomeMy WebLinkAbout4900RESOLUTION NO. 4900 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 December 15, 1981 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 December 28 , 1981 By MIKE. SALARDTNQ Councilperson APPROVED: Presiden he City Council ATTEST. a City Clerk AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 15th day of December, 1981 between PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as Pueblo, and THOMAS E. JAGGER, hereinafter referred to as Attorney. WITNESSETH: I. 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, 1982 to the first day of January, 1985. 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 Com- missions when requested and 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 including himself 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 effecient legal representation of Pueblo. 9. Provide and furnish at no cost to Pueblo 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 $236,470.00 payable in twelve (12) equal monthly installments, in advance, commencing January 1, 1982. If Pueblo conducts two Municipal Courts or changes its present Municipal Court to a Court of record, the annual fee shall be increased by mutual consent to compensate Attorney for additional expenses incurred to provide services for such changed court system. -2- 2. For representation of the City, its Boards, Agencies and Commissions or City employees in State or Federal District Courts and before Federal and State boards and agencies 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 $65.00 per hour for district court and State boards and agencies, and $75.00 per hour for appellate court, plus actual expenses. The compensation provided for in paragraph 1 and 2 hereof shall be annually negotiated but shall not be less than set forth herein. 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 may 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 30 days prior written notice given to Attorney. Either Pueblo or Attorney may terminate this Agreement without cause upon six (6) months prior written notice. Upon termination of this Agreement, Attorney will resign as City Attorney. -3- 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, personal representatives, administrators and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. CITY OF PUEBLO By ATTEST: -� J ty lerk Thomas E. ger 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 JO day of December, 1981. Fred E. Weisbrod -4-