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HomeMy WebLinkAbout7275i 1 RESOLUTION NO. 7275 A RESOLUTION APPROVING A CONTRACT FOR PROFES- SIONAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THOMAS E. JAGGER AND AUTHOR- IZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Contract For Professional Services dated December 13, 1993 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 author- ized to execute same in the name of 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 13, 1993 ATTEST: City Clerk By MICHAEL OCCHIATO Councilperson APPROVED: Z e442�4 L Pr n of the City Council TJ 70. 27 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into this 13th day of December, 1993 between PUEBLO, A MUNICIPAL CORPORATION, herein- after 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 Attorney to provide legal services to the City upon the terms and conditions contained herein for a term of one (1) year commencing on the first day of January 1994 and ending on the thirty -first day of December 1994. This Contract shall be automatically renewed for successive one (1) year terms upon the same conditions unless either party gives written notice of non - renewal to the other party on or before December 1, 1994 or on or before December 1 of any successive one year renewal term. This Contract is subject to annual appropriations by the City Council and if funds are not appropriated for any subsequent fiscal year, this Contract shall terminate on December 31 of the prior fiscal year. Attorney hereby accepts such engagement and agrees 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 all legal and secretarial services reasonably required to carry out the functions of the Law Department of the City and to perform this Contract which shall consist of at least four full - time attorney equivalents including Attorney, two secretaries, and all office space, equipment, furnishings, office supplies (except City letterhead stationery and copying services), telephone, utilities and insurance (except professional liability insurance). 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. Prosecute contested actions instituted in the Municipal Court on behalf of the City or appealed to the Pueblo County Courts. 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 special counsel has been retained or which are normally and customarily covered by liability, errors and ommisions, or officers and directors liability 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 legal matters concerning the City or the particular Board, Commission, Agency or Department. (c) To draft or review ordinances, resolutions, contracts, leases, deeds, easements, and other instruments and documents to which the City is a party. (d) To prepare and present evidence and testimony when required during hearings before the City Council or quasi - judicial hearings before City's Boards or Commissions. (e) To participate in and advise concerning legal- administrative procedures and matters. -2- (f) To attend meetings of City Boards or Commis- sions 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 transmit to his successor all files relating to the City's business which are in his possession. 6. 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 repre- sentation 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 reim- burse 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 $383,327.00 (the "Annual Fee ") payable in twelve (12) equal installments, in advance, commencing January 1, 1994. 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, -3- Agencies, Commissions or 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 periodic billings, at the hourly rate of $95.00 per hour for representation in State and Federal district courts and before Federal and State commissions, boards and agencies, and $115.00 per hour for representation in State and Federal appellate courts. The compensation provided for in paragraphs 1 and 2 above shall be annually negotiated for each renewal term but shall not be less than the amount set forth herein plus a percentage increase equivalent to the increase in salary and benefits provided to the City's directors of departments. 3. City further agrees as follows: (a) To pay court costs, deposition charges, expert witness fees and other costs and expenses including travel, meals and accommodations normally charged to a client in matters of litigation or administrative law proceedings. (b) To maintain and supplement the City's 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 -4- services hereunder. (f) To pay all abstracting, title insurance, surveys, and recording fees and charges incurred in any property transactions involving the City. V. It is further agreed between the parties hereto that Attorney may continue his private law practice in addition to performing legal services under this Contract and the duties of City Attorney. VI. 1. This Contract shall not be assignable. 2. If Attorney fails to perform the services to be performed by Attorney hereunder in any material manner, City Manager may terminate this Contract for cause upon 30 days prior written notice given to Attorney specifying the grounds for such termination. If Attorney dies, this Contract will terminate at the end of the month in which death occurs. Either the City Manager or Attorney may terminate this Contract upon 90 days prior written notice given to the other party specifying the date of termination. If this Contract is terminated for any reason except cause, or if this Contract is terminated by expiration of its one year term and is not extended or renewed, City will pay to Attorney on the first day of the next two calendar months after the month in which termination occurs, one - twelfth of the Annual Fee in effect upon the date of termination. 3. Upon termination of this Contract, Attorney will resign as City Attorney and, unless this Contract is terminated for cause, will, if able, be available at reasonable times to consult with the successor City Attorney for a period not to -5- exceed two months after termination. 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, heirs, 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 [ S E A L ] By , X ATTEST: Presi nt of he City Council Ci y Clerk ATTORNEY Thomas E. J gg TJ 70.28 -6- 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 terms and upon the conditions set forth in the foregoing Contract. Dated the 13th day of December, 1993. Lewis Qui ley, C y M nage