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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