HomeMy WebLinkAboutPR 15438: CONTRACT WITH CITY PROSECUTOR JESSE BRANICKP. R. No. 15458
08/6/09 is
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT WITH JESSE
BRANICK AS THE CITY PROSECUTOR
WHEREAS, per Resolution No. 07-332, the City entered into a
contract for services for a City Prosecutor with Jesse Branick apt
the rate of $2,634 per month; and
WHEREAS, 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 $2,634 per month, wit:h
an additional $175 per month to be paid to the Professional, which
he may place in a Health Savings Account or other Tax FavorE:d
Health Plan, as designated by the Professional, to be distributE:d
at hi.s 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.
true and correct.
Section 2.
That the facts and opinions in the preamble are
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 August 15, 2009 to August 14,
2011.
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Section 3. That Jesse Branick shall be paid $1,317 for
services rendered from August 1, 2009 to August 14, 2009.
Section 4. That funding thereof shall be subject to the'
availability of funds in the 2009-2010 and the 2010-2011 budget..
Section 5. 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., 2009, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers ,
NOES:
MAYOR
ATTES'~T
CITY SECRETARY
APPROVED AS TO FORM:
~~G~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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APPROVED AS TO AVAILABILITY OF FUNDS AS
TO SERVICES IN THE 2008-2009 FISCAL YEAR
D RECTOR OF F CE
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EXHIBIT "A"
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 PoY•t
Arthur, hereinafter denoted as "City".
SCOPE OF SERVICES/PRICE:
This contract authorizes Professional to perform service's
relative to the prosecution of defendants in Municipal Court:.
The compensation for the Professional shall be paid at $2,634
per month, with the compensation being prorated and paid bi-
weekly. The City shall also pay the Professional $175 pear
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 tree
Professional, to be distributed at his discretion for his acid
for riffs family' s health care . The Professional shall not exceed
the estimated cost or fees without further authorization of tree
City Attorney or of the City Council.
PROGE~SS REPORTS:
The Professional shall make progress reports to the City
Attorney as requested.
DESIGNATION OF CITY'S REPRESENTATIVE AND DUTIES THEREOF:
The City Attorney, or his designee, shall act as City's
Representative .
STANL>ARDS OF PERFORMANCE:
a) The Professional shall perform all services under this
Agreement in accordance with the standards of tYie
legal profession pertaining to prosecution in
Municipal Court.
b) Code and Standards
i) Professional agrees the service it provides as <~n
experience and qualified attorney will reflect
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the Professional standards, procedures and
performances common in the industry for this
project.
TERM:
The effective date of this Agreement shall be from August
15, 2009 and shall extend until August 14, 2011.
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 suk~-
contr•actors. A copy of all contracts with sub-consultants
and/ar 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 f fifteen (15 ) days written notice and to pay ( from the Cit;y
Attorney's budget) only for the Professional services and suk~-
consu.ltant's and/or sub-contractor's costs that were provided
for <~nd/or that were committed to and that were City approved
prior to the termination. All files shall be given to the Cit;y
at the time of termination. The Professional shall not k~e
responsible for the City's misuse of files; nor shall tYie
Professional be responsible for any work by others used t;o
complete the cases.
TERMINATION BY PROFESSIONAL:
This contract can be terminated by the Professional with
fifteen (15) days written notice.
RFrn~m~
At the City' s request, the City will be entitled to review
and :receive a copy of all documents that indicate work on the
proj e:ct .
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SUPERVISION OF THE PROFESSIONAL:
The Professional shall be subject to the direction ar.~d
supervision of the City Attorney.
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 tY:ie
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 erroY•s
or omissions in providing legal services and/or, (b) seeks t:o
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 t:o
complete the work within this time, the City may, k>y
written notice to the Professional, terminate the
right to proceed with the work (or the separable paY~t
of the work) that has been delayed. In this event:,
the City may take over the work and complete it key
contract or otherwise, and may take possession of acid
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 incluc~e
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(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 weathez•,
or (xi) delays of sub-contractors or suppliers a.t
any tier arising from unforeseeable causes beyor.~d
the control and without the fault or negligence
of the Professional; and
2) The Professional, within ten (10) days from tY:~e
beginning of any delay (unless extended by tY:~e
City Attorney), notifies the City Attorney i.n
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 x>e
extended.
c) The rights and remedies of the City herein are i.n
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 k>y
the laws of State of Texas . The parties agree that performance
and a.ll matters related thereto shall be in Jefferson County ar.~d
in Orange County, Texas.
N[1TTf"F!C
Notices shall be mailed to the addresses designated herein
or a:~ may be designated in writing by the parties from time t:o
time and shall be deemed received when sent postage prepaid iT.
S. Mail to the following addresses:
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CITY:
CITY OF PORT ARTHUR
ATTN: CITY ATTORNEY
P. 0. Box 1089
Port Arthur, TX 77641-1089
PROFESSIONAL:
Jesse Branick
BRANICK & WALSTON
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.
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, Jes~~e
Branick, accept and agree to these terms.
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SIGNED ON THIS the day of
BY:
Mark Sokolow
City Attorney
SIGNED ON THIS the day of
2009.
BY:
Jesse Branick
2009.
CITY OF PORT ARTHUR
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