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
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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
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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.
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CLIENT ACKNOWLEDGES HAVING READ THIS CONTRACT IN
ITS ENTIRETY AND DECLARES IT TO BE FAIR AND REASONABLE.
FIRM: GORSUCH, KIRGIS, CAMPBELL,
WALKER AND GROVER
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CLIENT: CITY OF PUEBLO STATE OF COLORADO
ATTEST:
C 'ty Clerk r
By:
President of the City Council
APPROVED AS TO FORM:
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