HomeMy WebLinkAbout6114RESOLUTION NO. 6114
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 November 23,
1987 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: November 23, 1987
By ALLYN MIDDELKAMP
Councilman
ATTEST: APPROVED:
c
C' y Cler Vice -Pr sld�o the City Council
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into this 23rd day of
November, 1987 between PUEBLO, A MUNICIPAL CORPORATION,
hereinafter referred to as City, and THOMAS E. JAGGER, hereinafter
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, 1988 to the first day of January, 1991. 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 furnish and provide at no cost to the
City (except professional liability insurance) legal and
secretarial services necessary to carry out the functions of the
Law Department of the City which shall consist of at least four
full -time attorney equivilants including Attorney, two
secretaries, and all office space, equipment, furnishings,
supplies (except City letterhead stationery and copying services),
telephone and utilities required to perform this Contract.
III. Attorney shall provide or cause to be provided either
through himself or other attorneys engaged by him the following
legal 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 which are normally
and customerly covered by liability, errors and ommisions, or
officers and directors insurance or by participation in a
self- insurance pool.
(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
Commssion, 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
-2-
4 �
successor all files relating to the City's business which are in
his possession.
6. Attorney or in his absence another qualified
attorney engaged by him shall be available during normal business
hours and for emergencies when needed.
7. Perform or cause to be performed such other legal
services requested by the City Manager or City Council which are
reasonably necessary for the adequate and efficient legal
representation of the City.
IV. In consideration of the legal services to be performed
by Attorney and those attorneys engaged by him and the furnishing
of facilities and personnel, City agrees to compensate and
reimburse Attorney as follows:
1. For facilities and personnel furnished in accordance
with Section II and services rendered in accordance with Section
III of this Contract an annual fee of $306,320.00 payable in
twelve (12) equal installments, in advance, commencing January 1,
1988. 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 annual fee, upon monthly
-3-
billing, at the hourly rate of $80.00 per hour for representation
in district courts and before Federal and State commissions,
boards and agencies, and $95.00 per hour for representation in
appellate courts. 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
administrative 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
Attorney and those attorneys engaged by Attorney to perform
services hereunder.
V. 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.
VI. 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
-4-
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, 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.
VII. 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.
VIII. 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.
(SEAL)
ATTEST:
V1 I I ylnt I A h
C rk
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
BY
President of City Council
ATTORNEY
d �
Thomas E J. r
-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 3 'day of November, 1987.
Lewis Quigley
0
D �
DD
City of Pueblo
THOMAS E. JAGGER
City Attorney
127 West, First National Bank Bldg.
PUEBLO, COLORADO 81003
TO: Lewis Quigley, City Manager
FROM: Thomas E. Jagger, City Attorney
RE: Contract for Professional Services - City Attorney
DATE: November, 16, 1987
My current three year contract to provide legal services for the
City expires December 31, 1987. Pursuant to the Charter, the City
Manager appoints the City Attorney and the Council fixes his
compensation. I am willing to continue the contractual
arrangement for an additional period of three years subject to
termination by the City Manager for cause upon 30 days notice and
by the City Manager or myself at any time for any reason upon 120
days notice.
Under the contract, I, as City attorney and my office, as the Law
Department perform legal services for the City, its Council,
Boards and Agencies. In such capacity we provide professional
services for and act as legal advisor to the City Council, City
Commission, Liquor Board, Planning and Zoning Commission, Zoning
Board of Appeals, Urban Renewal Authority of the City of Pueblo,
and the Pueblo Area Council of Governments, and the following
departments: Aviation, City Clerk, Data Processing, Finance,
Health and Human Service, Housing and Community Service, Fire,
Parks, Personnel, Police, Public Works, Purchasing, Transportation
and Zoning. We act as legal counsel to the Pueblo Policemen and
Firemen pension boards and assist in personnel matters including
employee grievances, hearings and arbitration proceedings.
The Law Department prosecutes violations of municipal ordinances
before the Municipal Court and appeals therefrom and represents
the City in litigation (except claims customarily and normally
covered by insurance) and matters involving the City before
federal and state courts, commissions and agencies such as the
Water Quality Control Commission, Air Quality Control Commission,
Civil Rights Commission, EEOC, Public Utility Commission, Federal
Aviation Administration and Environmental Protection Agency.
Lewis Quigley
November 16, 1987
The contract requires me to furnish and provide at no cost to the
City, except professional liability insurance,, all personnel for
the Law Department and office space, equipment, supplies,
telephone and utilities required to perform the contract.
I employ two secretaries and two full -time attorneys in my office
and engage four other attorneys to perform services on a part -time
basis for the City, two to prosecute cases in Municipal Court, one
to handle zoning, subdivision and land -use planning matters, and
one to assist in collecting City claims for property damage.
I enclose a proposed contract with the City Manager's appointment
attached thereto for a three -year period commencing January 1,
1988. The compensation is based upon the approved budget for 1988
and is annually negotiated.
Thomas. Jagger
/lg
Enclosure