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HomeMy WebLinkAbout13578 RESOLUTION NO. 13578 A RESOLUTION ENGAGING KISSINGER & FELLMAN, P.C., TO PROVIDE LEGAL SERVICES TO THE CITY RELATING TO WIRELESS COMMUNICATION FACILITIES INCLUDING PROPOSED LICENSE AGREEMENT WITH MOBILITIE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Legal Services Agreement between Kissinger & Fellman, P.C., and the City of Pueblo, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The City Attorney is authorized to execute the engagement letter on behalf of the City. SECTION 2. The compensation and costs of special counsel are authorized to be paid out of City Council’s Professional Services Account upon approval thereof by the City Attorney. SECTION 3. 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 4. This Resolution shall become effective immediately upon final passage. INTRODUCED: December 12, 2016 BY: Ed Brown City Clerk’s Office Item # M-6 Background Paper for Proposed Resolution COUNCIL MEETING DATE: December 12, 2016 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 KISSINGER & FELLMAN, P.C., TO PROVIDE LEGAL SERVICES TO THE CITY RELATING TO WIRELESS COMMUNICATION FACILITIES INCLUDING PROPOSED LICENSE AGREEMENT WITH MOBILITIE SUMMARY: Attached is a proposed Resolution authorizing the City to engage Kissinger & Fellman, P.C. to provide legal services relating to wireless communication facilities including proposed license agreement with Mobilitie. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Pursuant to recent enactments under both federal and state law, broadband providers have been granted certain rights to access and occupy the public right of way. Recently, Mobilitie LLC, a Nevada corporation, has requested to enter a license agreement with the City under the authority of such enactments for the purpose of not only collocating wireless communication facilities upon existing utility/telecommunication poles but also to construct new poles in the City right of way. It would be in the best interest of the City to engage the services of legal counsel which has experience in the telecommunication industry and specifically negotiating license agreements with this company. FINANCIAL IMPLICATIONS: The total cost of this engagement to the City is unknown. Kenneth S. Fellman, a Vice President of Kissinger & Fellman, P.C., has agreed to represent the City at a reduced rate of $290.00 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 KISSINGER & FELLMAN, P.C. ATTORNEYS AT LAW PTARMIGAN PLACE,SUITE 900 3773 CHERRY CREEK NORTH DRIVE DENVER,COLORADO 80209 RICHARD P.KISSINGER TELEPHONE: (303)320-6100 KENNETH S.FELLMAN TOLL FREE: 1-877-342-3677 JONATHAN M.ABRAMSON FAX: (303)327-8601 ars BOBBY G.RILEY www.kandf.com t� JORDAN C.LUBECK BRANDON DITTMAN PAUL D.GODEC,SPECIAL COUNSEL Providing Since 1976 REPRESENTATION AGREEMENT City of Pueblo, Colorado ("Client"), hereby employs the law firm of Kissinger & Fellman, P.C., ("the Firm") to provide legal counsel, advice and assistance in connection with wireless communications facilities matters related to Mobilitie, and other matters that may be authorized by Client in writing from time to time. Legal fees and costs will be billed in accordance with the Billing Policies of the Firm set forth on this Representation Agreement which are part of this agreement. It is understood and agreed that the firm's hourly rates may increase in the future, with the exception of hourly rates related to the Mobilitie Project will not exceed$290 per hour for the duration of the Project. The Firm's policy is to require from time to time an advance fee deposit/retainer for services and fees from each client prior to beginning any new or additional work on the client's matters. In this particular situation,an initial fee deposit/retainer of$0.00 has been agreed upon. This deposit/retainer will be placed in the Firm's trust account and applicable disbursements will be made from the trust account to the Firm each month at the time of billing, to cover fees earned and expenses accrued. Client agrees to promptly make such subsequent deposits/retainers as the Firm may require from time to time. BILLING POLICIES Our regular hourly charges for professional services of each attorney in the firm are as follows: Abramson $300 per hour Kissinger $400 per hour Dittman $160 per hour Riley $225 per hour Fellman $250 per hour* Lubeck $185 per hour Fellman $290 per hour** Paralegal/Law Clerk $ 85 per hour Godec $275 per hour *Hourly rate through December 31,2016 **Hourly rate effective January 1, 2017 Adjustments in the Firm's rates and charges do occur from time to time, and we endeavor to notify all our then active clients of any changes at the time they are to take place. Nonetheless we still encourage all client inquiries concerning the rates in effect at the beginning of each project and will provide an updated copy of these Billing Policies upon every request. If there are services which can be performed by our law clerks or paralegals, this time will be charged at $85 per hour. Billing will reflect all time expended on clients' matters, such as: office conferences, legal research, telephone calls, correspondence, travel time, drafting, court or hearing preparation and appearances, etc. Direct costs or expenses relating to clients' work (i.e., photocopies, postage,long distance telephone calls,mileage,parking,etc.)will be billed in addition to our hourly charges for professional services rendered. Billing will normally be between the 20th and the last day of the month covering the services and expenses incurred prior to the 20th of the current month. On matters which are not ongoing, a final billing may be made at the conclusion of the matter. Page 2 Our terms are payment in full within 30 days of the date of billing. If payment is not received timely,services and expense advances may be discontinued by the firm until satisfactory arrangements can be made to reinstate any past due account. Interest shall accrue at the rate of 1.5%per month on all amounts overdue and unpaid. If collection efforts become necessary on any unpaid amounts, the client shall be responsible for costs and legal fees related thereto. DOCUMENT/FILE RETENTION POLICY When our engagement in this matter ends, at your written request, all materials/property you provided to us during the course of the representation will be returned to you. You agree that we have the right to make copies of all documents generated or received by us from any source during the course of our representation of you. When you request information from your file, the cost of transmitting original documents to you and/or the cost of providing you with copies of other documents will be charged to you. It is your responsibility to secure the return of any documents or property in the file. Following the conclusion of the matter, the client file may, at any time,be converted to electronic form. If arrangements are not made for the return of any documents in your file within seven (7) years following the conclusion of your matter,and there is otherwise no action on the file,the file may be destroyed. During the course of the representation,we may generate certain documents related to the matter that will be retained by us (as opposed to being sent to you) or destroyed. These documents include, for example, firm administrative records,time and expense reports,personnel and staffing materials,credit and account records,and internal lawyers' work product (such as drafts, notes, internal memoranda, legal research, and factual research, including investigative reports prepared by or for the internal use of lawyers on the case or in the firm). For various reasons,including the minimization of unnecessary storage expenses,we reserve the right to destroy or otherwise dispose of any documents or other materials that belong to the law firm within a reasonable time after our final bill for the matter is sent to you. KISSINGER&FELLMAN, P.C. CITY OF PUEBLO, COLORADO Attorneys at Law By: �i'`'" �,} — By: miumr00411111•JP Kenneth S. Fellman Title: PresiC"etrt—t f City Council President Date: b e r' t. 21 1. Address: 1 City Hall Place, 3' Floor Pueblo, Colorado 81003 Telephone: 719-562-3899 KISSINGER&FELLMAN,P.C.•3773 Cherry Creek North Drive,Suite 900,Denver,CO 80209•(303)320-6100•FAX:(303)327-8601