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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