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<br /> 10 <br /> CITY OF SAN MARCOS, TEXAS <br /> PERFORMANCE CONTRACT FOR PROFESSIONAL SERVICES <br /> STATE OF TEXAS § <br /> COUNTY OF HAYS § <br /> This contract and agreement is made and entered into by and <br /> between the City of San Marcos, hereinafter referred to as "City" <br /> and the Law Office of Charles W. Chapman, Attorney at Law, hereinafter <br /> referred to as "Contractor". The parties hereto have severally and <br /> collectively agreed and by the execution hereof are bound to the <br /> mutual obligations and to the performance and accomplishment of <br /> the tasks hereinafter described: <br /> Contractor shall: <br /> 1. Conduct all prosecutions in the City of San Marcos Municipal <br /> Court. <br /> 2. Be available for providing legal assistance to the City and <br /> its police officers at the scene of a shooting incident <br /> involving a police officer or police officers when such <br /> officer or officers have fired a firearm or firearms with <br /> a resulting physical injury to an individual or individuals. <br /> 3. Advise the police officer or officers who have fired a firearm <br /> or firearms with a resulting physical injury to an individual <br /> or individuals to say nothing further without benefit of <br /> independent legal counsel, if Contractor determines on the <br /> basis of Contractor's investigation or of investigation by <br /> the City Police Department that said officer or officers <br /> were negligent in such shooting, or exceeded the authority <br /> of a City police officer, or violated some City rule or <br /> regulation covering the conduct of City police officers <br /> under the specific circumstances surrounding such shooting. <br /> 4. Provide legal assistance to the City with regard to any <br /> litigation which involves the City as a party because of <br /> a shooting incident as described hereinabove in paragraph <br /> number 2. <br /> 5. Conduct legal research and provide written memoranda based <br /> on such research to the City on legal questions or issues <br /> related to the operation, management, and functions of <br /> the San Marcos Police Department. Such legal questions <br /> or issues shall be submitted to Contractor in writing by <br /> only the Mayor or her designee, under the general policy <br /> direction of the City Council, and Contractor's written <br /> memorandum in response shall be submitted by Contractor <br /> to the party who originally presented the legal question <br /> or issue for research by the Contractor. <br /> Page 1 of 3 pages <br />