HomeMy WebLinkAbout13094RESOLUTION NO. 13094
A RESOLUTION ENGAGING SILVER AND DEBOSKEY,
P.C., TO PROVIDE LEGAL SERVICES TO THE CITY
RELATING TO THE LISTING OF THE COLORADO
SMELTER SITE ON THE NATIONAL PRIORITIES LIST
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Legal Services Agreement between Silver and DeBoskey, P.C. and the City
of Pueblo, dated October 17, 2014, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved. The City Manager’s
signature on and execution of the engagement letter on behalf of the City is hereby
ratified.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached Legal Services
Agreement to effectuate purposes of same.
SECTION 3.
This Resolution shall become effective immediately upon final passage.
INTRODUCED: November 10, 2014
BY: Chris Nicoll
City Clerk’s Office Item # M-7
Background Paper for Proposed Resolution
COUNCIL MEETING DATE: November 10, 2014
TO: Vice President Ami Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney, Law Department
SUBJECT: A RESOLUTION ENGAGING SILVER AND DEBOSKEY, P.C., TO PROVIDE
LEGAL SERVICES TO THE CITY RELATING TO THE LISTING OF THE
COLORADO SMELTER SITE ON THE NATIONAL PRIORITIES LIST
SUMMARY:
Attached is a proposed Resolution authorizing the City to engage Silver and DeBoskey, P.C., to
provide legal services relating to the listing of the Colorado Smelter site on the National
Priorities List.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The U.S. Environmental Protection Agency (“EPA”) is in the process of listing the Colorado
Smelter site, located in the Eilers neighborhood of the City, on the National Priorities List
(“Superfund” list) under the Comprehensive Environmental Response Compensation and
Liability Act (“CERCLA”) 42 U.S.C. 9601-9675. Section 42 U.S.C. 9706(a) of CERCLA provides
that the owner of land within a Superfund site which contains hazardous substances “shall be
liable for all costs of removal or remedial action incurred by the United States Government or a
State.” The EPA may seek to hold the City liable for costs associated with the removal or
containment of lead and arsenic in Benedict Park and the alleys and rights of way within the
Eilers neighborhood. It would be in the best interest of the City to engage the services of legal
counsel with experience in environmental law.
FINANCIAL IMPLICATIONS:
The total cost of this engagement to the City is unknown. Robert R. Marsh, a partner in the firm
of Silver and DeBoskey, P.C. has agreed to represent the City at the reduced rate of $295.00
per hour.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The City could engage a different firm to provide these services.
RECOMMENDATION:
Approve the engagement.
Attachments:
Legal services agreement
Robert R.Marsh
Direct: 303.953.3764
Email:marshr@s-d.com
October 17,2014
Sent via Electronic Mail to DKo2ovsek(a)pueblo.us
Daniel C.Kogovsek,Esq., City Attorney
City of Pueblo Law Department
1 City Hall Place,Third Floor
Pueblo, Colorado 81003
Re, Colorado Smelter Site
Dear Dan:
It has been a pleasure speaking with you about the EPA's activities at the Colorado
Smelter site and the City of Pueblo's ("City") adjacent. We are happy to assist with this matter
and, as of the preparation of this letter, have confirmed the absence of any conflict that would
prevent our doing so. As you know, Colorado's ethical rules governing lawyers also require us
to communicate, in writing,the manner in which our fees will accrue. Accordingly, this letter
sets forth the fee agreement between the City and this law firm, and will apply to any services
requested on its behalf absent our reaching a separate, express written agreement with respect to
those services.
We will charge for our services at an hourly rate,based upon the actual time expended in
rendering those services,and measured in increments of one-tenth of one hour. In consideration
of our relationship and the City's circumstances, the firm has agreed to discount my hourly rate
for this matter to $295.00 per hour. As you know, that is a substantial reduction from my usual
hourly rate. I will also involve my colleague, Lisha McKinley, in the case as appropriate.
Lisha's rate will be $240.00 per hour. Rates for the other attorneys in the firm vary from
$225.00 to$480.00 per hour. Whenever appropriate,we may employ a paralegal or law clerk to
perform services, which services will be billed at lower rates ranging from $120.00 to $150.00
per hour. These rates may be increased at some time in the future. By signing this agreement,
the City agrees to pay for our services, including any services rendered before the date of this
agreement.
The City also agrees to fully reimburse the firm for any reasonable out-of-pocket
expenses incurred on its behalf (such as copying costs, filing fees, recording fees, postage,
deposition costs, expert witness fees,mileage and the like). We understand that you will be our
point of contact with the City and that we will coordinate our work on behalf of the City through
your office. Invoices for costs in excess of $500.00 will be forwarded to you for payment
directly to the vendor. Expenses for other than routine matters will not be incurred without your
prior authorization. nn
SILVER IY DEBOSKEY - A PROFESSIONAL CORPORATION
The Smith Mansion 1801 York Street Denver,CO 80206 www.silverdeboskey.com p: 303.399.3000 f: 303.399.2650
SILVER&?DEBOSKEY
APROFFSSIONALCORPORATION
)v
Daniel C. Kogovsek,Esq.,
City Attorney
October 17,2014
Page 2
We will invoice the City on a regular monthly basis for all services performed and costs
expended. Any amount billed is due upon receipt of the invoice and, if not paid within sixty
days after the date of the invoice, will draw interest at the rate of 1-1/2% per month (18% per
annum) commencing on the date of the invoice. If legal action is necessary to collect amounts
due and owing, or any other dispute arises concerning fees, costs, or charges payable under this
agreement, the City and this firm mutually agree to submit the matter to arbitration before the
Colorado Bar Association's committee on fee disputes, or in Denver before such other arbiter as
shall be mutually agreed upon. In addition,the City will be liable to Silver& DeBoskey for its
reasonable attorneys' fees and costs incurred in any effort to collect past-due amounts.
We will retain our entire file on this matter for forty-five days following the conclusion
of this engagement. During that time, we will return to you any original records in our
possession and, upon request, be happy to provide you a complete copy of the file or any
portions of the file that you may desire. No sooner than forty-five days following the conclusion
of this engagement, we will review our file, retain such portions of the file as we may deem
necessary and destroy those portions of the file that we du nut believe should be preserved. The
portions of the file to be preserved may then be scanned or sent offsite for long-term storage and
scheduled for destruction at a later date. Your signature on this fee agreement constitutes your
permission for us to destroy, without further notice to you, all or any portions of your file as
described above.
We may communicate with you and you may communicate with us via electronic mail.
As with any method of communication,there are inherent risks associated with the transmission
of confidential information by electronic mail. If you have any concerns in that regard, we are
happy to discuss them with you.
Please excuse the formality of this letter. We appreciate the opportunity to provide legal
services to the City and look forward to working with you again. If you have any questions
concerning any of the above,please discuss them with me before you sign this fee agreement.
If this fee agreement does, however, accurately reflect our agreement to provide legal
services to the City, please arrange for the City Manager's signature where indicated below and
return the original countersigned copy of this letter to me at your convenience.
SILVE1L&DEBOSKEY
PROFESSIONAL CORPORATION
t
T
Daniel C.Kogovsek,Esq.,
City Attorney
October 17,2014
Page 3
Sincerely yours,
SILVER&DeBOSKEY,
A Professional Corporation
By:
Robert R. Marsh
ACKNOWLEDGED AND AGREED:
CITY OF PUEBLO
By: ^ 10 - W - 1cl
Sam Azad, City Manager Date
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APPROVED AS TO FORM AND CONTENT.
` atm A'( .0 o 14. 2.6
Daniel C. Kogovsek, City Attordey
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Date