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HomeMy WebLinkAbout12521RESOLUTION NO. 12521 A RESOLUTION APPROVING A LEGAL SERVICES AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND BUXMAN KWITEK & OHLSEN, PC BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Legal Services Agreement between Pueblo, a Municipal Corporation, and Buxman Kwitek & Ohlsen, PC, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. Pursuant to Section 6-7 of the City Charter, the City Attorney is authorized to execute and deliver the Legal Services Agreement for and on behalf of the City. SECTION 2. This Resolution shall become effective upon passage and approval. INTRODUCED: October 22, 2012 BY: Sandy Daff COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE:October 22, 2012 AGENDA ITEM # M-5 DEPARTMENT: Law Department Robert P. Jagger, Interim City Attorney TITLE: A RESOLUTION APPROVING A LEGAL SERVICES AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND BUXMAN KWITEK & OHLSEN, PC ISSUE: Should the City Council approve a legal services agreement between Pueblo and Buxman Kwitek & Ohlsen, PC? RECOMMENDATION: Approve the Resolution. BACKGROUND: Due to the resignation of Mr. Florczak as City Attorney, the Law Department will be short-staffed until his replacement is hired. In the interim, it may be necessary for the City to contract out some work relating to transactions, real estate and land use matters. The law firm of Buxman Kwitek & Ohlsen, PC is willing to perform these services on an hourly rate basis, with the services being performed by attorneys Mark A. Ohlsen and Linda McMillan. Mr. Mark A. Ohlsen with the firm has substantial expertise representing clients in transactions and real estate matters, and would associate with Linda McMillan, an associate of the law firm who also has experience in those areas. Buxman Kwitek & Ohlsen, PC is willing to represent Pueblo in these matters as special counsel, as may be directed by the Interim City Attorney, and will serve under his direction in accordance with Section 6-7 of the Charter. FINANCIAL IMPACT: Funds for the legal services to be provided by Buxman Kwitek and Ohlsen, PC are available from the Law Department budget for 2012 due to personnel savings arising from the vacancy and will be paid therefrom. The current billing rate for the supervising attorney Mark A. Ohlsen is $200 per hour. The billing rate for other attorneys in the firm ranges from $150 to $200 per hour. LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT ( "Agreement ") is entered into between Pueblo, a Municipal Corporation (hereafter "Client ") and BUXMAN KWITEK & OHLSEN, PC (hereafter "Firm ") on the date entered below. In consideration of the mutual promises contained herein, the parties agree as follows: 1. Client hereby retains the Firm to represent it as Special Counsel regarding certain transactional, real estate or land use matters as determined by the Acting or Interim City Attorney of Client ( "City Attorney "). The City Attorney of Pueblo shall request the services of the Firm from time to time for each specific matter included within the above scope of services, and pursuant to Section 6 -7 of the Pueblo Charter, the Firm shall serve solely under his direction. 2. It is agreed that the attorney with principal responsibility for performing and supervising the work for Client shall be Mark A. Ohlsen. Client understands that the current billing rate for the supervising attorney is $200 per hour. The Firm reserves the right to assign other lawyers in the Firm to represent the Client, if in the Firm's reasonable judgment that becomes necessary. The Client understands that the current billing rate for other lawyers in the Firm ranges from $150 to $200 per hour. Other Firm personnel, such as law clerks and paralegal assistants, may be assigned to Client's matters in the discretion of the supervising attorney. Paralegal and clerk time is currently billed within the range of $25 to $60 per hour. It is understood that the above stated rates may be modified over time. The Firm's monthly statement to the Client shall reflect the current rates in effect at the time the service was performed. 3. Out -of- pocket expenses incurred on behalf of Client, such as filing costs, service of process, travel, photocopying, and deposition and transcript costs, will be in addition to the costs of legal services and Client agrees to pay all of said out -of- pocket expenses. 4. Client understands that the Firm will submit itemized bills for its time and expenditures on a monthly basis. The billing month of the Firm runs from the 26th day in one month to the 25th day in the next consecutive month. Client agrees that, subject to appropriations being available in the Law Department budget for legal services, it shall keep all billings paid on a current basis, and shall not allow overdue balances to accumulate unless it is specifically agreed to by the Firm in writing. This Agreement becomes effective when it has been signed by the Client and delivered to the Firm. This Agreement shall be binding on the parties, their heirs, successors, and assigns. BUXMAN KW TEK & OH - - P' Dated /6 -3/- / 2-- By - Mark A. 0 Isen CITY OF PUEBLO Dated ID- 51- 1 By Its: Acting City Attorney