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.
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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
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(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
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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
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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.
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