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HomeMy WebLinkAbout6701RESOLUTION NO. 6701 A RESOLUTION APPROVING A CONTRACT FOR CONSULTING AND LEGAL SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND GORSUCH, KIRGIS, CAMPBELL, WALKER AND GROVER RELATING TO THE RENEWAL OF THE PERMIT AND /OR THE ISSUANCE OF A FRANCHISE TO TCI CABLEVISION OF COLORADO, INC. TO CONDUCT AND OPERATE A CABLE TELEVISION SYSTEM AND FACILITIES WITHIN THE CITY OF PUEBLO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract for Consulting And .Legal Services dated March 25, 1991 between the City of Pueblo, a Municipal Corporation, and Gorsuch, Kirgis, Campbell, Walker and Grover, 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 authorized and directed to execute and deliver the Contract in the name of 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. This Resolution shall become effective upon final passage. INTRODUCED March 25, 1991. ATTEST: X r' C jerk By DR_ GILBERT GARRISO Councilperson APPRO Pre t of the City Council CONFIDENTIAL CONTRACT FOR CONSULTING AND LEGAL SERVICES THIS CONTRACT FOR CONSULTING AND LEGAL SERVICES is made this A � "� day of , 1991, by and between GORSUCH, KIRGIS, CAMPBELL, WALKER AND GROVER, whose address is 1401 Seventeenth Street, Suite 1100, Post Office Box 17180, Denver, Colorado 80217, subsequently referred to as the "Firm ", and THE CITY OF PUEBLO, whose address is One City Hall Place, Pueblo, Colorado 81003, subsequently referred to as the "Client." RECITALS A. Client has requested that the Firm provide consulting and legal services in connection with the Client's negotiation of a franchise with Tele Communications, Inc. B. To avoid misunderstanding, Client and Firm wish to formalize their agreement regarding representation by this written Contract. THEREFORE, Client and Firm agree as follows: 1. SCOPE OF EMPLOYMENT The Firm shall provide such consulting and legal services as requested from time to time by the Client in connection with the Client's negotiation of a cable television franchise with Tele Communications Inc. It is anticipated that these services will include, but not be limited to, the following activities: Examination of the Pueblo cable television system; conferences with members of the City Administration as to deficiencies, if any, under the existing franchise, permit, or other authority as well as any new fields of interest; comparison of franchises of other municipalities including Colorado home rule cities with the Client's, in an effort to make available to the Client terms that are at least as favorable as those negotiated by other municipalities; review of Pueblo City Charter, the Colorado Constitution, state and federal statutes, and local ordinances to determine the extent of the Client's authority and any restrictions that might apply to same. All work performed by the Firm shall be under the direction of the City Attorney. Client acknowledges that Firm has made no guarantee regarding the successful determination of these matters and all expressions relative thereto are matters of the Firm's preliminary opinions based on the Firm's current knowledge of the subject matters. 2. RECORDING TIME Tasks for which time shall be recorded include, but are not limited to, the following: Conferences with Client and others, legal research, factual investigation, preparation of correspondence and legal documents, reading and analyzing correspondence and legal documents, preparation for and appearances at meetings, travel to and from meetings, and telephone conversations with Client and others. 3. ATTORNEY'S FEES Client agrees to pay the Firm for its services. Client acknowledges that the factors considered by the Firm in determining its fee are: The time and effort required, complexity of the matters involved, difficulties encountered, skill required to perform the legal service properly, responsibility of the Firm, familiarity with the area of law involved, time limitations imposed by Client or the circumstances, amount involved, and results obtained. The lawyers who may be providing the service in this matter are the following: Dudley Spiller Joseph Wilson The firm reserves the right to use other of its lawyers, not named above, when in the judgment of Mr. Spiller, it would serve the best interest of the Client to do so and to bill their time at the rate approved by the Firm. Mr. Spiller will be the attorney in charge of Client's account and, therefore, he will be the appropriate contact person for services to be rendered on Client's behalf by the Firm. Notwithstanding that, Client may call any attorney who is performing service for Client. Mr. Spiller's current hourly rate is $175.00 per hour. Mr. Wilson's current hourly rate is $100.00. If Paralegals are used, their rate shall be billed at $55.00 - $60.00 per hour. The Firm's hourly rates may change during the term of -2- this project, but if the rates change, Client shall be notified of same. 4. EXPENSES Client acknowledges the Firm may incur various expenses in providing services to Client. Some examples of these expenses are charges for filings, mileage, postage, investigations, telephone calls, reports, photocopying, etc. Client shall reimburse the Firm for all expenses paid by the Firm. Client shall be notified of these expenses by :monthly billing. In some instances, these expenses may be billed with Client's approval directly to Client. Client will then make direct payment to the originator of the bill. 5. BILLING The Firm will submit to the Client monthly bills for services rendered and expenses incurred during the previous month. All bills are due and payable upon receipt unless otherwise indicated on the bill. 6. TERMINATION OF EMPLOYMENT; WITHDRAWAL Client may terminate this Contract by notifying the Firm in writing. Client shall pay the Firm its fee for services rendered and expenses incurred to the date of such Firm's receipt of Client's letter of termination. Such fee shall be due and payable within thirty (30) days after receipt of final statement after termination. The Firm may withdraw as counsel for Client and terminate this Contract by notifying Client in writing. If the Firm withdraws as Client's counsel and terminates this Contract, it will use reasonable precaution to avoid prejudice to the rights of Client by allowing a reasonable time for engagement of other counsel, delivering to Client all papers and property to which Client is entitled and complying with all applicable laws and rules. 7. ENTIRE AGREEMENT; MODIFICATION; APPLICABLE LA W,- ACKNOWLEDGMENT This Contract contains the entire agreement of Client and Firm regarding the Firm's engagement. This; Contract shall not be modified or revoked except by written agreement signed by Client and the Firm. This Contract shall be binding upon the Client and Firm and their successors and assigns. This Contract shall be construed and governed by the laws of the State of Colorado. -3- CLIENT ACKNOWLEDGES HAVING READ THIS CONTRACT IN ITS ENTIRETY AND DECLARES IT TO BE FAIR AND REASONABLE. FIRM: GORSUCH, KIRGIS, CAMPBELL, WALKER AND GROVER r� �r H CLIENT: CITY OF PUEBLO STATE OF COLORADO ATTEST: C 'ty Clerk r By: President of the City Council APPROVED AS TO FORM: -4- DPSalj0204