Res 1983-053 - Laserfiche WebLink

Home Browse Search

its police officers at the scene of a shooting incident involving a police officer or police officers when such officer or officers have fired a firearm or firearms with a resulting physical injury to an individual or individuals; 6. Advise the police officer or officers who have fired a firearm or firearms with a resulting physical injury to an individual or individuals to say nothing further without benefit of independent legal counsel, if Contractor determines on the basis of Contractor's investigation or of investigation by the City Police Department that said officer or officers were negligent in such shooting, or exceeded the authority of a City police officer, or violated some City rule or regulation covering the conduct of City police officers under the specific circumstances surrounding such shooting; and 7. Conduct 1 e ga 1 research and provide written memoranda based on such research to the City on legal questions or issues related to the operation, management, and functions of the San Marcos Police Department. Such legal questions or issues shall be submitted to Contractor in writing by only the Mayor or the Mayor's designee, under the general policy direction of the City Counci1~ and Contractor's written memorandum in response shall be submitted by Contractor to the party who originally presented the legal question or issue for research by Contractor; Charles W. Chapman of the Law Office of Charles W. Chapman~ referred to 1 n this contract as Contractorll~ is a licensed attorney, licensed to practice law in the courts of the State of Texas, and is possessed of the requisite and professional knowledge to provide the services required and agrees to exert his best efforts and professional skills for the benefit of and use by the City. It is expressly understood and agreed by the parties to this contract that neither Mr, Chapman nor any associate attorney or employee of the Law Office of Charles W. thapman is an employee of the City. City further understands that Contractor is an assistant professor with Southwest Texas State University with teaching responsibilities and obliga- tions under a contract of employment with such University and City agrees that Contractor's services to City under this contract shall be rendered at such times as will not conflict with Contractorrs said teaching responsi- bilities and obligations. During the months of October and November, 1 983 ~ City shall pay to Contractor on the 1st day of each month an attorney's fee of TWO THOUSAND SIX HUNDRED DOLLARs-($2,600.00).. If by December 1, 1983~ the City Council has not appointed a City Attorney~ City shall continue to pay to Contractor on the 1st day of each month thereafter, including the month of December, 1983 TWO THOUSAND SIX HUNDRED DOLLARS ($2,600.00) as anattorney's fee until the City Council does appoint a City Attorney. If by December 1, 1983, the City Council has appointed a City Attorney~ then City shall pay to Contractor on the 1st day of each month thereafter, including the month of Decembèr, 1983 ~ ana ttorney' s fee of ONE THOUSAND SIX HUNDRED DOI:LARS ($1,600.00). Contractor agrees to indemnify and to hold the City harmless against and for all claims, demands and causes of action which may .be asserted by any third party which may arise out of, or in connection with the services to be performed by Contractor on behalf of City under this contract, if Pa ge 2 of 3 pages