HomeMy WebLinkAbout13154RESOLUTION NO. 13154
A RESOLUTION ENGAGING BUXMAN KWITEK, P.C., FOR THE
PROVISION OF LEGAL SERVICES TO AND
REPRESENTATION OF THE CIVIL SERVICE COMMISSION OF
THE CITY RELATING TO PENDING CASE NO. 2015 CV 030003,
DISTRICT COURT, COUNTY OF PUEBLO, STATE OF
COLORADO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Legal Services Agreement between Buxman Kwitek, P.C. and the City of
Pueblo, dated January 12, 2015, 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: _ January 26, 2015
BY: Chris Nicoll
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: January 26, 2015
TO: President Stephen G. 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 BUXMAN KWITEK, P.C., FOR THE PROVISION
OF LEGAL SERVICES TO AND REPRESENTATION OF THE CIVIL SERVICE
COMMISSION OF THE CITY RELATING TO PENDING CASE NO. 2015 CV
030003, DISTRICT COURT, COUNTY OF PUEBLO, STATE OF COLORADO
SUMMARY:
Attached is a proposed Resolution authorizing the City to engage Buxman Kwitek, P.C., for the
provision of legal services and representation of the Civil Service Commission of the City in
pending Case No. 2015 CV 030003, District Court, County of Pueblo, State of Colorado
(“District Court Action”).
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The City has filed a Complaint to review a proceeding of the Pueblo Civil Service Commission
with respect to the demotion of a probationary police sergeant. The Law Department cannot
represent both the Plaintiff and Defendant, and as such special counsel must be appointed to
represent the Civil Service Commission in the District Court Action.
FINANCIAL IMPLICATIONS:
The total cost of this engagement to the City is unknown. Douglas J. Kwitek of Buxman Kwitek,
P.C. has agreed to represent the Civil Service Commission of the City at the rate of $180.00 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
4
LAW OFFICES OF 601 N.MAIN STREET,SUITE 200
PUEBLO,COLORADO 81003
EK ux anKwftek9 P.C. (719)544-5091
Hr FAX:(719)546-3457
DARRIN L.BUXMAN LINDA MCMILLAN
DOUGLAS J.KWITEK STACIE N.SHIRLEY
January 12,2015
City of Pueblo
Civil Service Commission
Dan Archibeque,Chair
200 S. Main Street
Pueblo,CO 8I003
Re: Legal Representation relating to Appellant Sergeant Jeff Capito
Dear Chairman Dan Archibeque,
On behalf of 13uxmanKwitek, P.C. we would like to thank you for considering using our law firm
for the above-referenced legal services, We would be more than willing to represent the Commission relating
to Sergeant Capito's appeal and the City of Pueblo's Petition for Judicial Review of matters incident thereto
pursuant to C.R.C.P. 106.
With respect to our billing practices, we bill twice a month, usually on the 5d'day of the month for
work performed during the last half of the preceding month and usually on the 20th of the month for work
performed during the first half of that month. We bill frequently because our billing statements are detailed
and serve to update you as to the actions we have been undertaking. We do not expect to be paid on each
invoice, but monthly payments would be appreciated. The billing rate of the attorneys as it relates to the
services described herein is$180.00 per hour. Because all four attorneys are members of one law firm,more
than one attorney may perform work on your file,but I would act as lead counsel. If it is your preference, I
will be your only contact on the matter.
Our agreement with our clients is that we will do the work in a timely, professional, and efficient
manner in exchange for the client paying the bill when presented. If the account for the City ever becomes
past due, we reserve the right to withdraw from representation. Normally we would require a retainer, but
given the nature of the anticipated representation and other factors,we will not require a retainer.
In most cases, the firm will advance costs such as court filing fees, service of process, publication
costs, ICCES online fees and other out-of-pocket expenses. The Commission would be responsible for
payment of all costs,which will be included with your statements. If we encounter an extraordinary cost,one
which exceeds S500.00,we will ask your approval to incur it,and we may ask that you forward payment of it
outside of our typical billing statements.
Thank you again for considering utilizing our firm. Should you have any questions or concerns,
please do not hesitate to contact me. Furthermore,should you need any additional matters to be addressed in
this fee agreement letter,please contact me.
By signing this letter agreement, this Iaw firm will undertake representation of the Commission for
the matter and on the terms described herein.
BUXMANKWITEK,P.C.
By: Douglas J. Kwitek
City of Pueblo
Date l - 12-A, - 15
By: Sam Azad, City Manager
GVi"\) o%e• Date ! -- 13 - 1 5'.
For: Dan Kogovsek,Ci Attorney