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.
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(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,
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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
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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