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Home My WebLink AboutPR 20385: CONTRACT WITH JESSE BRANICK AS THE CITY PROSECUTOR P. R. No. 20385 08/06/18 gt RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT WITH JESSE BRANICK AS THE CITY PROSECUTOR; FUNDING AVAILABLE IN ACCOUNT NO. 001-1021-514.54-02 WHEREAS, per Resolution No. 16-250, the City entered into a contract for services for a City Prosecutor with Jesse Branick at the rate of$3,800 per month, with an additional $275 per month to be paid to the Professional, which he may place in a Health Savings Account or other Tax Favored Health Plan, as designated by the Professional, to be distributed at his discretion for his and for his family's health care; and WHEREAS, it is now deemed in the best interests of the citizens to enter into a new Contract for Services for a City Prosecutor with Jesse Branick, as delineated in substantially the same form as attached hereto as Exhibit "A", at a rate of 53,800 per month, with an additional $275 per month to be paid to the Professional, which he may place in a Health Savings Account or other Tax Favored Health Plan, as designated by the Professional, to be distributed at his discretion for his and for his family's health care. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That City Attorney is authorized to execute a contract with Jesse Branick as the City Prosecutor, in substantially the same form as attached hereto as Exhibit "A", with the effective date being from September 6, 2018 to September 5, 2020. s.pr20385 Section 3. That funding thereof shall be subject to the availability of funds in the 2018-2019 and the 2019-2020 budgets. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2018, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: • NOES: • Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 1,f /1 Valecia R. izeno1 City • orney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Andrew Vasquez, Finance Director s.pr20385 EXHIBIT "A" s.pr20385 STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT This instrument is a contract between Jesse Branick, whose primary business is to practice law in the State of Texas, hereinafter denoted as "Professional", and the City of Port Arthur, hereinafter denoted as "City". SCOPE OF SERVICES/PRICE: This contract authorizes Professional to perform services relative to the prosecution of defendants in Municipal Court. The compensation for the Professional shall be paid at $3,800 per month, with the compensation being prorated and paid bi- weekly. The City shall also pay the Professional $275 per month, with the compensation being prorated and paid bi-weekly which may be placed by the Professional in a Health Savings Account or other Tax Favored Health Plan as designated by the Professional, to be distributed at his discretion for his and for his family's health care. The Professional shall not exceed the estimated cost or fees without further authorization of the City Attorney or of the City Council. PROGESS REPORTS/TITLE: The Professional shall make progress reports to the City Attorney as requested. Professional's title is City Prosecutor, Assistant City Attorney or Deputy City Attorney. DESIGNATION OF CITY'S REPRESENTATIVE AND DUTIES THEREOF: The City Attorney, or his designee, shall act as City's Representative. STANDARDS OF PERFORMANCE: a) The Professional shall perform all services under this Agreement in accordance with the standards of the legal profession pertaining to prosecution in Municipal Court. b) Code and Standards 1) Professional agrees the service it provides as an experience and qualified attorney will reflect the Professional standards, procedures and performances common in the industry for this project. s.branick_contract_2018 TERM: The effective date of this Agreement shall be from September 6, 2018 and shall extend until September 5, 2020. LIABILITY: The Professional shall be liable only for the portion of services performed by the Professional and shall be responsible for only the negligent acts or omissions that the Professional has direct control over. SUB-CONSULTANTS AND SUB-CONTRACTORS: The Professional shall receive approval of the City Attorney prior to the use of sub-consultants and/or sub-contractors. A copy of all contracts with sub-consultants and/or sub-contractors shall be given the City Attorney before execution of the contracts. TERMINATION OF PROFESSIONAL: The City Attorney has the right to terminate the contract with fifteen (15) days written notice and to pay (from the City Attorney's budget) only for the Professional services and sub-consultant's and/or sub-contractor's costs that were provided for and/or that were committed to and that were City approved prior to the termination. All files shall be given to the City at the time of termination. The Professional shall not be responsible for the City's misuse of files; nor shall the Professional be responsible for any work by others used to complete the cases. TERMINATION BY PROFESSIONAL: This contract can be terminated by the Professional with fifteen (15) days written notice. RECORDS: At the City's request, the City will be entitled to review and receive a copy of all documents that indicate work on the project. SUPERVISION OF THE PROFESSIONAL: The Professional shall be subject to the direction and supervision of the City Attorney. s.branick contract 2018 BILLINGS: The City shall automatically pay the Professional, without the necessity of a bill or bills. REPUTATION IN THE COMMUNITY: The Professional shall retain a high reputation in the community for providing professional legal services. The Professional shall forward a copy of any public petition or public complaint which (a) asserts more than $50,000 for errors or omissions in providing legal services and/or, (b) seeks to deny the Professional from practicing in Texas. DEFAULT OF ATTORNEY: a) If the Professional refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to complete the work within this time, the City may, by written notice to the Professional, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the City may take over the work and complete it by contract or otherwise, and may take possession of and use any records necessary for completing the work. The Professional shall be liable for any damage to the City resulting from the Professional's unreasonable refusal or failure to complete the work within the specified time, whether or not the Professional's right to proceed with the work is terminated. This liability includes any increased costs incurred by the City in completing the work. b) The Professional shall not be charged with damages under this clause if, 1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Professional. Examples of such causes include (i) acts of God or of the public enemy, (ii) acts of the Government in either its sovereign or contractual capacity, (iii) acts of another Contractor of Professional in the performance of a contract with the Government, and/or extended review or approvals by government agencies out of the control of the Professional, (iv) acts of fire, (v) floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xi) delays of sub- contractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of the Professional; and s.branick contract 2018 ; 2) The Professional, within ten (10) days from the beginning of any delay (unless extended by the City Attorney), notifies the City Attorney in writing of the causes of delay. The City Attorney shall ascertain the facts and the extent of delay. If, in the judgment of the City Attorney, the findings of fact warrant such action, the time for completing the work shall be extended. c) The rights and remedies of the City herein are in addition to any other and remedies provided by law or under this contract. APPLICABLE LAW: This contract has been made under and shall be governed by the laws of State of Texas. The parties agree that performance and all matters related thereto shall be in Jefferson County and in Orange County, Texas. NOTICES: Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U. S. Mail to the following addresses: CITY: CITY OF PORT ARTHUR ATTN: CITY ATTORNEY P. 0. Box 1089 Port Arthur, TX 77641-1089 PROFESSIONAL: Jesse Branick BRANICK WALSTON & DEVENZIO 221 Highway 69 South, Suite 100 Nederland, TX 77627 WAIVER: No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. s.branick_contract_2018 4 FUNDING: This contract shall be subject to the availability and approval of funding in the annual budget cycle. This Agreement represents the entire and integrated Agreement between the City and the Professional, Jesse Branick, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. The City of Port Arthur and the Professional, Jesse Branick, accept and agree to these terms. SIGNED ON THIS the day of , 2018. CITY OF PORT ARTHUR BY: Valecia R. Tizeno City Attorney SIGNED ON THIS the day of , 2018. BY: Jesse Branick s.branick_contract_2018 5