Loading...
HomeMy WebLinkAbout5506RESOLUTION NO. 5506 A RESOLUTION APPROVING A CONTRACT 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 Contract For Professional Services dated DecemhPr_ 10 , 1984 between Thomas E. Jagger, a copy porated herein is hereby Council is authorized to a Municipal corporation, same and affix the seal c Pueblo, a Municipal Corporation and of which is attached hereto and incor- approved and the President of the City execute same for and on behalf of Pueblo, and the City Clerk is directed to attest )f the City thereto. INTRODUCED: December 10 , 1984 By DOUGLAS L. RING Councilman ATTEST: APPROVED: YT sident of City Council CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into this 10th day of Decemb , 1984 between PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as City, and THOMAS E. JAGGER, herein- after referred to as Attorney. WITNESSETH: I. In consideration of the mutual promises and agreements herein contained, City hereby engages and employs Thomas E. Jagger as City Attorney for a term of three (3) years from the first day of January, 1985 to the first day of January, 1988. Attorney hereby accepts such engagement and agrees to employ himself in the professional capacity of City Attorney to manage and operate the Law Department of the City in accordance with Article 6 and other pertinent provisions of the Charter and Ordinances of the City and the terms of this Contract. II. Attorney shall provide or cause to be provided either through himself or other attorneys engaged by him the following services to City: 1. Prosecution actions instituted in the Municipal Court on behalf of the City 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 is a party except those actions for which the City is provided adequate legal defense under applicable insurance policies. (b) To advise the City Manager, City Council and Boards, Departments, Commissions or Agencies of the City in all legal matters concerning the City or the particular Board, Com- mission, Agency or Department. (c) To draft or review ordinances, resolutions, contracts, leases, declarations of intent, deeds, easements, and other documents to which the City is a party. (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 and matters. (f) To attend meetings of City Boards or Commissions 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 all files relating to the City's business which are in his possession. 6. Furnish and provide professional and secretarial services necessary to carry out the functions of the Law Depart- ment of the City which shall consist of at least four full -time attorney equalivents including Attorney 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. OPM 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 the City. 9. Provide and furnish at no cost to the City office space, equipment, furnishings, supplies (except letterhead sta- tionery and copying service), telephones and utilities required to perform this Contract. III. In consideration of the legal services to be performed by Attorney and those attorneys engaged by him, City agrees to compensate Attorney as follows: 1. For services rendered in accordance with Section II of this Contract an annual fee of $272,064.00 payable in twelve (12) equal monthly installments, in advance, commencing January 1, 1985. If the City 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. For representation of the City, its Boards, Agencies and Commissions or City employees in State or Federal Courts or before Federal and State commissions, 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 $75.00 per hour for representation in district courts and before Federal and State commissions, boards -3- and agencies, and $85.00 per hour for appellate court. The compensation provided for in subparagraphs 1 and 2 hereof shall be annually negotiated but shall not be less than set forth herein. 3. City further agrees as follows: (a) To pay court costs and those costs and expenses normally charged to a client in matters of litigation or adminis- trative law proceedings. (b) To maintain and supplement its Municipal Law Library. (c) To permit the Attorney to purchase at his expense 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 City's 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 Contract shall not be assignable. In the event of the death of Attorney this Contract shall terminate and the City shall pay to the legal representative of Attorney for all services rendered to the City pursuant to this Contract 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 -4- services provided for herein, the City Manager may terminate this Contract for cause upon 30 days prior written notice given to Attorney. Either the City Manager or Attorney may terminate this Contract for any reason and without cause upon 120 days prior written notice. Upon termination of this Contract, Attorney will resign as City 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 Contract shall be binding upon and shall inure to the benefit of the City and Attorney, their successors, personal representatives and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION f r ATTEST: By vlz C' y �erk ATTORNEY f � Thomas E. Ja rr -5- CITY MANAGER APPOINTMENT The undersigned as City Manager of the City of Pueblo does hereby appoint Thomas E. Jagger as the City Attorney for the City of Pueblo for the term and upon the conditions set forth in the foregoing Contract. Dated the 10th day of December , 1984. J hn M. Bramble