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HomeMy WebLinkAbout14118 RESOLUTION NO. 14118 A RESOLUTION ENGAGING KEYES & FOX, LLP, TO PROVIDE LEGAL SERVICES RELATING TO THE CITY OF PUEBLO’S 911 SURCHARGE APPLICATION TO BE SUBMITTED TO THE COLORADO PUBLIC UTILITIES COMMISSION AND RATIFYING THE SIGNATURE OF THE CITY ATTORNEY TO THE ENGAGEMENT LETTER FROM SAID FIRM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Engagement Letter (“Agreement”) between Keyes & Fox, LLP 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 Agreement on behalf of the City and his signature thereto is hereby ratified. SECTION 2. Funds for services to be performed and costs expended in such representation shall be paid from professional services account within the Police Department budget. SECTION 3. The officers and staff of the City are hereby authorized and directed to perform any and all acts consistent with this Resolution and the attached Agreement to effectuate the purposes of same. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED December 10, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING DEPUTY CITY CLERK City Clerk’s Office Item # M-14 Background Paper for Proposed Resolution COUNCIL MEETING DATE: December 10, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION ENGAGING KEYES & FOX, LLP, TO PROVIDE LEGAL SERVICES RELATING TO THE CITY OF PUEBLO’S 911 SURCHARGE APPLICATION TO BE SUBMITTED TO THE COLORADO PUBLIC UTILITIES COMMISSION AND RATIFYING THE SIGNATURE OF THE CITY ATTORNEY TO THE ENGAGEMENT LETTER FROM SAID FIRM SUMMARY: Attached is a proposed Resolution authorizing the City to engage Keyes & Fox, LLP, to provide legal services relating to the City’s request to increase its 911 surcharge fees and to ratify the signature of the City Attorney to said law firm’s engagement letter. PREVIOUS COUNCIL ACTION: On November 12, 2018, by Resolution No. 14088, City Council approved the filing of an application with the Colorado Public Utilities Commission (“PUC”) to increase the City’s 911 surcharge from seventy cents ($.70) to one dollar and fifty cents ($1.50) per month. BACKGROUND: The City of Pueblo’s 911 Communications Center received authorization from City Council to apply to the PUC for an increase to the City’s emergency telephone surcharge. The Communications Center has used the E911 Emergency Telephone Charge Fund Reserves to fund emergency communications projects not covered through other funding sources within the City. Emergency communications equipment purchases have depleted the current E911 reserves and an increase in line with comparable jurisdictions is warranted to provide for future purchase of necessary 911 emergency services equipment. The City’s current seventy cent ($0.70) surcharge has not kept up with inflation and falls short of what many other agencies within the State of Colorado have established for their emergency telephone charge. Current 911 surcharges in Colorado average $1.05, with a high of $1.75. If this Resolution is approved, Mark T. Valentine of the law firm of Keyes & Fox will assist the City in preparing an application which will be submitted to the PUC. Mr. Valentine assisted Pueblo County in preparing and filing a similar application which was approved by the PUC. FINANCIAL IMPLICATIONS: Funds for services to be performed and costs expended in such representation shall be paid from the professional services account within the Police Department budget. 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. Keyes & Fox however, has significant experience in this area, has provided these services in a professional and cost-efficient manner to other governmental entities in the past. RECOMMENDATION: Approve the engagement. Attachments: Proposed Resolution; Engagement Letter KEYES&FOX«P 436 14th Street, Suite 1305 Oakland, CA 94612 (510)314-8201 December 6, 2018 Daniel C. Kogovsek City Attorney 1 City Hall Place, Third Floor Pueblo, CO 81003 RE: Engagement Letter Dear Dan: We are pleased that the City of Pueblo ("City")wishes to retain Keyes & Fox LLP ("K&F") to represent it with respect to its 911 surcharge before the Colorado Public Utilities Commission (the scope of such work referred to generally herein as"Legal Services"), as requested by the City. This letter describes the basis of the attorney-client relationship between K&F and the City along with an explanation of how K&F will bill for its Legal Services. We believe that it is beneficial to the attorney-client relationship to develop a clear understanding of our billing and engagement policies. I. Scope of K&F's Representation Pursuant to this engagement letter, K&F agrees to represent the City as its client with regard to the Legal Services described above. K&F will do its utmost to serve you effectively, provide Legal Services in an efficient manner, and respond promptly to any inquiries. We have run a conflict check as it relates to the proposed Legal Services and we have not found any conflicts with undertaking the proposed Legal Services. If a potential conflict arises, we will promptly bring that conflict to your attention so that appropriate action can be taken to address the conflict, including allowing you to decide if it would like K&F to cease representation of the City. We understand that you are able to enter into this agreement on behalf of the City in connection with the Legal Services proposed, and we are relying on that understanding. 2. Confidentiality Generally, it is in the City's interest to preserve confidentiality of all communications with K&F. If you disclose these communications, it jeopardizes the privileged nature of the communications, so we believe it is advisable that you take care not to disclose privileged information to third parties. Page 1 Confidential information obtained by K&F in its representation of the City will never be shared with any other firm client without your express authorization. If the City becomes concerned with any relationship K&F might have with particular clients, companies or individuals, we encourage you to bring those concerns to our attention. 3. Fees, Costs, and Invoicing By signing this engagement letter, you agree to pay K&F for time and out-of-pocket expenses according to the terms set forth below. a. Professional fees K&F will receive authorization from you prior to incurring charges, and will keep an hourly total of any time spent on client matters. Work will be performed at hourly rates according to the rates set forth in the Rates for Attorneys provided in Attachment A to this engagement letter, which is incorporated by reference herein. It is K&F's policy to adjust hourly rates for all attorneys at the beginning of the calendar year. Historically, rate increases have been between 5-8% per year. Rates quoted in Attachment A are 2018 rates. Our firm's practice is to charge for travel time, as discussed in Attachment A. Mark Valentine will be the lead K&F attorney working with you in connection with the proposed Legal Services. Mark's billing rate for the City will be $310 per hour. Mark may utilize the services of other K&F attorneys in connection with this matter. By agreeing to this engagement letter, you consent in writing to Mark serving as the lead attorney in this matter and to the assignment, of work on this matter to any of the other K&F attorneys. Of Counsel attorneys identified in the Rates for Attorneys provided in Attachment A are neither partners nor associates of K&F. A portion of any legal fees billed by K&F may be divided and paid to them. By agreeing to this engagement letter, you consent in writing to a division of fees with the firm's Of Counsel attorneys. b. Expenses Expenses may be incurred in performing legal services as part of your engagement. You agree that you will pay for all costs, disbursements, and expenses in addition to our hourly fees. Costs and expenses include messenger and other delivery fees, copying and reproduction costs, costs for travel including mileage and parking, and other similar expenses. Expenses will be billed at actual cost. c. Invoices and payments We invoice our clients monthly. Our invoices are due and payable within thirty(30) days, unless other arrangements have been agreed to in writing in advance. Typically, invoices will list the matter worked on, which K&F will separate based on transaction, and provide information on the dates of service, time involved, attorney responsible and activity undertaken. We will use our best efforts to respond to requests for special invoice formats. Any unpaid amounts after thirty Page 2 (30) days will accrue interest at a rate of nine percent(9%)per annum. Termination of K&F's Representation Either the CIty or K&F may terminate K&F's representation of the City at any time and for any reason. At the time K&F's representation of the City concludes, all unpaid fees and costs for K&F's Legal Services become due and payable. If at that time, you do not request the return of its file, K&F will retain the file for a period of three (3)years, after which K&F may have the file destroyed. 4. Miscellaneous This letter is the entire agreement between you and K&F concerning the provision of Legal Services. This agreement and the scope of Legal Services provided under it may be amended from time to time by mutual agreement. California law shall govern this agreement and any subsequent amendments. 5. Conclusion If the terms of K&F's representation of the City as explained in this letter are satisfactory, please execute a copy of this letter as indicated and return it to me. Please feel free to contact me if you have any questions. We look forward to working with you. Sincerely, s/Mark T. Valentine Keyes & Fox LLP Page 3 By signing this letter, Daniel C. Kogovsek affirms that he on behalf of the City of Pueblo understands and agrees to the terms set forth in this letter. This agreement will not take effect, and K&F will have no obligation to provide Legal Services, until the City returns a signed copy of this letter. I have read the for�egoing�letter, understand it and agree to it on behalf of the City. By: �c�,/h G • I• ' 7 D ✓at, K. Date: I a - 6 / 6 Daniel C. Kogovsek / City Attorney 1 City Hall Place, Third Floor Pueblo, CO 81003 Page 4 Attachment A Hourly Rates and other Terms Partners $250-490 Of Counsels $310-450 Associates $190-210 Non-Attorney Research Staff $120-230 Administrative Support(e.g. filings) $90 Firm Travel: Travel time is billed at the one-half of the listed hourly rate. Every effort will be made to work productively on client matters during travel. All reasonable travel expenses are billable—hotel, airfare, car rental, meals, taxi,public transit, etc. Miscellaneous Expenses Policy: Expenses for postage, photocopying, printing, faxing and other minor expenses directly related to a matter are billable at cost to the City. Page 5