HomeMy WebLinkAbout10126ORDINANCE NO. 10126
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN ENGAGEMENT LETTER WITH
SETER & VANDER WALL, P.C. TO ADVISE THE CITY OF
PUEBLO REGARDING PROPOSED METROPOLITAN
DISTRICT SERVICE PLANS AND RELATED LAND USE
MATTERS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Engagement Letter pertaining to the review of Metropolitan District Service
Plans and related land use matters between the City of Pueblo, a Colorado municipal
corporation and Seter & Vander Wall, P.C., dated February 4, 2022, a copy of which is
attached hereto including all associated documents, having been approved as to form by
the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver
said Engagement Letter in the name of the City and the City Clerk is authorized to affix
the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Engagement Letter to implement the
policies and procedures described therein.
SECTION 3.
This Ordinance shall become effective immediately upon final action by the Mayor
and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 14, 2022 .
Final adoption of Ordinance by City Council on February 28, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on March 2, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-12
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: February 14, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN ENGAGEMENT LETTER WITH SETER & VANDER WALL,
P.C. TO ADVISE THE CITY OF PUEBLO REGARDING PROPOSED
METROPOLITAN DISTRICT SERVICE PLANS AND RELATED LAND
USE MATTERS
SUMMARY:
On January 13, 2022, the City received an application to approve a service plan for the
proposed Andiamo Metropolitan District. The proposed Andiamo Metropolitan District,
containing approximately 95 acres, is located south of Dillon Drive, east of Mesa View
Drive, and north of Wills Boulevard. This Resolution approves an engagement letter with
Seter & Vander Wall, P.C. to assist the City in the review of proposed Metropolitan District
Service Plans.
PREVIOUS COUNCIL ACTION:
With City Council’s approval, Spencer Fane LLP was previously hired by the City in 2018
to assist in reviewing service plans for the North Vista Highlands, Pastora Ranch, Pikes
Peak Park, and Villa Bella Metropolitan Districts. However, Matt Dalton, the partner from
Spencer Fane LLP who previously advised the City on metropolitan districts and related
land use matters has recently retired from the practice of law and so a different outside
legal counsel is being engaged to represent the City.
BACKGROUND:
The City Law Department has authorized the assistance of Seter & Vander Wall, P.C. to
assist the City in the review of the proposed metropolitan districts. The hourly rate for
Seter & Vander Wall, P.C. is $410.00 per hour. The costs incurred by the City for the
review of the service plans will be required to be paid by the applicant prior to any final
action of City Council being provided to the Pueblo District Court.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City. All fees charged by Seter & Vander Wall
will be paid by the developers requesting City approval.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, Seter & Vander Wall, P.C. will not be
retained.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance.
Engagement Letter from Seter & Vander Wall, P.C. February 4, 2022
S ete r KIM J. SETER
BARBARA T.VANDER WALL
1 JEFFREY E. ERB
Vander Wall, P.C. COLIN B. MIELKE
ELIZABETH A. DAUER
ATTORNEYS AT LAW RUSSELL NEWTON
CONOR A. KRUGER
February 4, 2022
Sent via e-mail:
City of Pueblo
l City Hall Place, 3d Floor
Pueblo, CO 81003
c/o Dan Kogovsek, City Attorney dkogovsek@pueblo.us
Re: City of Pueblo, Colorado
Engagement for Legal Services
Dear Mr. Kogovsek:
Thank you for retaining Seter& Vander Wall, P.C. (the "Firm")to provide legal services
to the City of Pueblo (the "City") acting by and through its Law Department and Planning
Department. This letter is to summarize and confirm the terms and conditions of the Firm's
representation of the City.
I. Scope of Representation and Personnel
Seter& Vander Wall, PC's engagement is limited to matter on which you or the planning
department request assistance or representation. Representation and projects will generally
involve the review, comment and negotiation of special district or other government entity
formations and operation, including the review and preparation of service plans and
intergovernmental agreements. Assistance may also be required regarding development
approvals and related matters.
Kim Seter will be the attorney primarily responsible for your matters. In addition, some
services may be provided by attorney Conor Kruger and paralegals Michele "Mitch" Barrasso
and Natalie Fleming. Other attorneys and paralegals may be assigned to work on your matters as
appropriate for the service being provided and expertise required.
2. Fees and Billing
The Firm provides legal services on an hourly basis, billed in six-minute increments. The
current hourly rate for Mr. Seter is $410 per hour. The current hourly rates for Mr. Kruger, Ms.
Barrasso and Ms. Fleming are $275, $160 and $140 respectively. The rates of other personnel in
our office vary from $140.00 to $490.00 per hour. All rates are subject to change January 1 of
each year.
{0057629 I}
7400 E.ORCHARD ROAD•SUITE 3300•GREENWOOD VILLAGE,CO 80111 •303-770-2700•FAx: 303-770-2701
www.svwpc.corn • e-mail: svwgsvwpc.com
City of Pueblo, CO
C/o Dan Kogovsek, City Attorney
Engagement for Legal Services
February 4, 2022
In addition to our time, we may incur costs on your behalf. Costs include photocopying
expenses, delivery charges, filing and recording fees, Westlaw research charges and other
expenses incurred when we advance materials or funds on your behalf. Costs are billed
separately from legal fees and appear on your monthly invoice. Costs are to be paid on the same
terms as legal fees. We do not charge for secretarial or other staff support except for paralegals
and we do not add a surcharge or mark-up to any costs for any reason.
We will provide you with a detailed invoice for services and costs incurred. Invoices are
mailed monthly and payment is due 45 days from the date of the invoice. Past due invoices may
be subject to a monthly late charge of 1.5% of the unpaid balance.
3. Communication
The Firm primarily communicates with its clients using e-mail; the sending of documents
and correspondence via the United States Post Office, UPS, FedEx, courier or other similar
delivery service; and telephone. When sending e-mail, we endeavor to ensure that only the
intended recipient(s)receives the e-mail. However, our e-mail communication is not encrypted.
Communication via e-mail is not completely secure and e-mails may pass through servers
controlled by third-parties and could be accessed by unauthorized third-parties.
Although a common form of social communication, the Firm does not generally
communicate with clients about client matters via text message, iMessage, or other form of
instant messaging. Communications made via text, iMessage or instant messaging may not be
received and risk not being attended to in a timely manner. Accordingly, communications with
the Firm should be made via one of the other identified communication methods.
Generally, communication between the client and the Firm are confidential and subject to
the attorney-client privilege. This privilege is for the benefit of the client and if confidential
communications are shared with third-parties by the client, that privilege may be lost.
4. Document Retention
In the course of our representation, we will maintain a file of documents produced and
received in the ordinary course of practice. Not all papers and electronic data are maintained in
the ordinary course of practice. For example, multiple copies or drafts of the same document, or
communications containing duplicative correspondence or concerning non-substantive
communications may not be retained. We generally maintain our files in electronic format, and
except for certain documents required to be maintained in hard copy, will convert paper copies to
electronic format and dispose of the paper copy.
It is the general policy of the Firm to retain your files in paper or electronic format for at
least ten (10) years from the date our representation is complete, either by completion or
resolution of the matter for which we were engaged or termination of the attorney-client
relationship. In certain circumstances, such as where there is pending or threated litigation
related to the matter which is known to the Firm, we may be required to maintain your files for a
longer period. Following expiration of the ten-year retention period, your file may be destroyed
without notice unless you have requested the original file to be delivered to you.
00576291; Page 2 of 6
City of Pueblo, CO
C/o Dan Kogovsek, City Attorney
Engagement for Legal Services
February 4, 2022
Notwithstanding the foregoing policy, if the Firm is designated as a public records
custodian for the City pursuant to the Colorado Open Records Act, Part 2 of Title 24, C.R.S., or
is otherwise in possession of"public records" of the City, the Firm will retain and destroy those
files in accordance with any approved document retention and destruction policy of the City, the
Colorado State Archives or similar regulatory body.
5. Conflicts of Interest
We have performed an internal review for potential conflicts of interest based on
information provided to us. At this time, we do not have any conflicts of interest with any current
or former clients that would preclude our representation of the City. Should a conflict of interest
arise, we will advise you as soon as practicable, and if the conflict cannot be resolved or waived,
the Firm may be required to withdraw from representation of the City.
6. Workers Without Authorization
As a public entity you are required to obtain certifications from us concerning the
employment of workers without authorization pursuant to Article 17.5 of Title 8 of the Colorado
Revised Statutes. This certification is attached as Exhibit A and incorporated herein.
7. Termination
Either of us is free to terminate this agreement at any time for any reason. However, it is
important to both of us that any termination is in writing to allow for a clear allocation of
responsibilities. Termination of legal services will not affect the City's responsibility for
payment of legal services rendered and costs incurred before termination and incurred in
connection with an orderly transition of legal services. Our efforts on your behalf may cease and
we may withdraw from further representation at any time if an invoice is not timely paid.
Please countersign this letter in the space provided if you agree to these terms and return
a copy to our office.
We look forward to working with you.
Sincerely,
SETER & VANDER WALL, P.C.
Kim J. Seter
KJS:kmg
Enclosure
,00576291} Page 3 of 6
City of Pueblo, CO
C/o Dan Kogovsek, City Attorney
Engagement for Legal Services
February 4, 2022
I have reviewed this proposal and agree to the engagement of Seter& Vander Wall, P.C.
pursuant to the terms of representation described in this letter.
City of Pueblo, Colorado
3(GA Ce. Zd.41;
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Print Name: /,CJ d/ f Cr, a rq r'
Title: Q/P'
Date: Z, a, At;
;00576291, Page 4 of 6
City of Pueblo, CO
C/o Dan Kogovsek, City Attorney
Engagement for Legal Services
February 4, 2022
EXHIBIT A
WORKER WITHOUT AUTHORIZATION
PUBLIC CONTRACT FOR SERVICES
Pursuant to §§ 8-17.5-101 to -103, C.R.S.
1. Seter & Vander Wall, P.C. (the "Contractor") acknowledges that, prior to
executing the Contract, Contractor has certified that it does not knowingly employ or contract
with a worker without authorization to perform work under the Contract and that the Contractor
has participated in the E-Verify Program (formerly known as the Basic Pilot Program') (the "E-
Verify Program") or the Colorado Department of Labor and Employment (the "Department")
program established by § 8-17.5-IO2(5)(c), C.R.S. (the "Department Program") in order to
confirm the employment eligibility of all employees who are newly hired for employment to
perform work under the Contract.
2. Contractor shall not:
(a) Knowingly employ or contract with a worker without authorization to
perform work under the Contract; or
(b) Enter into a contract with a subcontractor who fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with a worker without
authorization to perform work under the Contract.
3. The Contractor has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under the Contract through participation in the
E-Verify Program or the Department Program.
(a) In the event the Contractor uses the Department Program for the
employment verification described herein, the Contractor shall comply with the requirements
mandated by § 8-17.5-102(5)(c), C.R.S. including:
i. The Contractor shall comply with the provisions of § 8-17.5-
102(5)(c), C.R.S.; and
ii. Contractor shall notify the Client of its determination to participate
in the Department Program, and
iii. The Contractor must, within twenty days after hiring an employee
who is newly hired to perform work under the Contract, affirm that
"Basic Pilot Program" is described in § 8-17.5-101(1),C.R.S.,as amended,and further defined as the Basic Pilot
Employment Verification Program created in Public Law 208, 104`h Congress,as amended,and expanded in Public
Law 156, 108`h Congress, as amended,that is administered by the United States Department of Homeland Security.
005762911 Page 5 of 6
City of Pueblo, CO
C/o Dan Kogovsek, City Attorney
Engagement for Legal Services
February 4, 2022
the Contractor has examined the legal work status of the employee,
retained file copies of the documents required by 8 U.S.C. § 1324a
and not altered or falsified the identification documents for the
employee, and the Contractor must provide a written, notarized
copy of the affirmation of compliance with § 8-17.5-102(5)(c),
C.R.S. to the Client.
iv. The Contractor shall indemnify and hold harmless the Client, its
directors, officials, agents and employees, from and against any and
all claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including attorney's
fees)and liabilities of, by or with respect to third parties, arising from
the Contractor's failure to comply with the provisions of the
Department Program and §§ 8-17.5-102(5)(c), C.R.S., arising under
this Addendum or in any way related to performance hereof. The
obligations of this indemnification shall survive the termination or
expiration of this Addendum and the Contract.
4. Contractor is prohibited from using E-Verify Program or the Department Program
procedures to undertake pre-employment screening of job applicants while the Contract is in
effect.
5. If the Contractor obtains actual knowledge that a subcontractor performing work
under the Contract knowingly employs or contracts with a worker without authorization, the
Contractor shall:
(a) Notify the subcontractor and the Client within three days that the
Contractor has actual knowledge that the subcontractor is employing or contracting with a
worker without authorization; and
(b) Terminate the subcontract with the subcontractor if within three days of
receiving the notice the subcontractor does not stop employing or contracting with the worker
without authorization; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with a worker without
authorization.
6. Contractor shall comply with any reasonable request by the Department made in
the course of an investigation that the Department is undertaking, pursuant to the law.
7. If the Contractor violates any of the provisions under this Addendum, the Client
may terminate the Contract for breach of contract. The Contractor shall be liable for actual and
consequential damages to the Client.
005762911 Page 6 of 6