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HomeMy WebLinkAbout13189RESOLUTION NO. 13189 A RESOLUTION ENGAGING KLINE ALVARADO VEIO, P.C. TO PROVIDE LEGAL SERVICES RELATING TO THE CITY’S LOAN OF FUNDS TO THE PUEBLO URBAN RENEWAL AUTHORITY IN SUPPORT OF THE CITY’S REGIONAL TOURISM PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Fee Agreement between Kline Alvarado Veio, P.C. and the City of Pueblo, dated March 9, 2015 a copy of which is attached hereto, having been approved as to form by the City Attorney is hereby approved. The President of the City Council is hereby authorized and directed to execute said agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. 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 the purposes of same. SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED: _ March 9, 2015 BY: Chris Nicoll City Clerk’s Office Item # M-9 Background Paper for Proposed Resolution COUNCIL MEETING DATE: March 9, 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 SUBJECT: A RESOLUTION ENGAGING KLINE ALVARADO VEIO, P.C. TO PROVIDE LEGAL SERVICES RELATING TO THE CITY’S LOAN OF FUNDS TO THE PUEBLO URBAN RENEWAL AUTHORITY IN SUPPORT OF THE CITY’S REGIONAL TOURISM PROJECT SUMMARY: Attached is a proposed Resolution authorizing the City to engage Kline Alvarado Veio, P.C. to provide legal services relating to a proposed loan from the City to the Pueblo Urban Renewal Authority (“PURA”) in support of the City’s Regional Tourism Project. PREVIOUS COUNCIL ACTION: On December 8, 2014, by Ordinance No. 8804, City Council amended the Half-Cent Sales Tax Criteria Ordinance to authorize the loan of half-cent sales tax funds to PURA to support the RTA Project. BACKGROUND: It is anticipated that the loan to PURA for the RTA Project will take the form of a “lease lease- back” financial arrangement. It would be in the best interests of the City to engage the services of legal counsel which has experience in representing lenders in such transactions. FINANCIAL IMPLICATIONS: The total cost of this engagement to the City is between $40,000 - $50,000 and is guaranteed not to exceed $50,000. Pursuant to P.M.C. Sec. 14-4-85.5 of the Half-Cent Sales Tax Criteria Ordinance the payment of these legal fees as “contracted professional services” are authorized to be paid out of the Half-Cent Sales Tax Fund. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The City could engage a different firm to provide these services or perform same internally. RECOMMENDATION: Approve the Ordinance. Attachments: Fee Agreement 1.4 y j l r KLINE icy ALVARADO VEIO.PC Our Clients'Rock March 3, 2015 City of Pueblo 200 S. Main Street Pueblo, CO 81003 Attn: Daniel C. Kogovsek, City Attorney RE: Fee Agreement for Representation—City of Pueblo, Colorado Dear Dan: The purpose of this letter Is to confirm the terms and conditions under which this firm will provide legal services to the City of Pueblo, Colorado(the"City"). Our firm would propose to provide legal services to the City relating to the CIty's loan of funds from the City's half-cent sales tax to the Pueblo Urban Renewal Authority in support of the City's regional tourism project. Our fee for this service will be $40,000 to $50,000 depending on the amount of time and resources that we will be required to devote to this representation of the City, but in no event will exceed $50,000, plus disbursements. In addition to charging fees for legal work, we also may charge for certain out-of-pocket costs incurred by us in representing you, such as, filing fees, transcript preparation fees, computer-assisted legal research fees, overnight delivery service charges, travel, meals or hotel accommodations, etc. We may require that you pay the party providing those services directly or that you advance to us the estimated amount for such items prior to our incurring those expenses on your behalf. You shall at all times have the right to terminate our firm's services upon written notice. Our firm shall at all times have the right to terminate our representation of you upon written notice, If you do not pay our fees, or if we determine that our continued representation of you would be unethical or inappropriate, or if we have another reasonable basis for termination consistent with our professional duties to you. You also agree that the "personal attorney-work product" of our attorneys and staff, as defined in Colorado Ethics Opinion 104, or its successor, is the property of the firm. It is our policy to destroy all client files (Including all documents and materials therein), eight years after we close such files upon completion of each matter. This file destruction KLINE ALVARADO VEIO,P.C.,LAWYERS 1 1775 Sherman Street,Suite 1790 I Denver,Colorado 80203 303 534 3390 I lax 303.831.1011 I www.kvfirm.com City of Pueblo Attn: Daniel C. Kogovsek, City Attorney March 3, 2015 Page 2 procedure is automatic and you will not receive further notice prior to the destruction of these files. Accordingly, we advise you to maintain your own files relating to the matters, which we are handling. Please indicate your agreement to the terms of this letter by executing the enclosed copy and returning it to me. We appreciate the opportunity to represent you. Very truly yours, KLINE ALVARADO VETO, P.C. 600-- C. 14k) By: Kent C. Veio, Esq. cc: Brent J. Kline, Esq. ACCEPTED and AGREED TO: CITY 0 -• = • •i -•RADO gll 411�,,� -i•- _- •en • y ouncil `�� Date: ir,, RLN of Di.5- ATTESTED BY: Set,,,,,CJIA-kr--LZA ity Clerk 4P'8Lo,00 40 ./Er %, 4/'::-- 10 b