HomeMy WebLinkAboutresolution.council.052-97
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RESOLUTION NO, 5:L-
Series of 1997
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ANDERSON, DUDE, PIFHER & LEBEL, P.C"
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO,
WHEREAS, there has been submitted to the City Council a Professional
Services Agreement between the City of Aspen, Colorado and Anderson, Dude,
Pifher & Lebel, P.C., a copy of which contract is annexed hereto and made a part
thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that Professional
Services Agreement between the City of Aspen, Colorado, and Anderson, Dude,
Pifher & Lebel, P.C., a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager of the City of Aspen to execute said
contract on behalf of the City of Aspen.
Dated: >>7/-'1
,1997.
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John . Bennett, Mayor
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I, Kathryn S, Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held ~ / f
1997.
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Kathryn S. och, City Clerk '-
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ATTORNEY-CLIENT Mil];!...........
THIS AGREEMENT is made this ____ day of July, 1997, by and beeween CITY or ASPEN
("Client") and AllDBRSON, DODE, PII'HBJl " LBl3Elo, P.C" (the "Firm").
For good and valuable consideration. ehe parties agree as follows:
1, Emolovment of AttnT"TleV. The Cliene hereby employs and retains ehe Firm for
the performance of various legal services for and during a period commencing on che
date of ehis Agreement and ending as hereinafter provided.
2. Pureose of F.mpl o1"'""nt. The Firm accepts such employment and retainer and
agrees to render and perform all legal services neceSsary and proper for ehe proeection
of the ineerests of the Client described as follows: Activieies related to
renegociacion of the Holy Cross Electric Associacion and/Ol:' extension of municipal
utility electric service.
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3. Atto'!"'n~v' l!!I Billin.a and Collection l)Tot"!p.dllT"A~. The Client: will receive a
monthly bill of the Firm's fees, costs and other expenses, which bill is payable ,upon
receipt. If the Client pays such bills within 25 days of che billing date, no finance
charge will be incurred, However, if any bill is not paid within such time, A FINANCE
CHARGE OF 1*'4 PEl< MONTH (ANNUAL PERCENTAGE RATE OF 1S'4) shall be applied to the a,verage
daily balance. The average daily balance is the sum of the outstanding balance of the
account at the end of each day during the billing period (excluding curl:'ent charges of
costs and services and excluding finance charges) divided by the number of days in the
billing period. If any bill is not pai4 when due, the Firm may assert a secul:'ity
interest in =y pending actions or file in its possession and may terminate the
ateorney-client relationship as provided in Paragl:'aph 7.
4. ~ttornevs' Fees. The Client hereby agrees eo pay ehe Fil:'m's chen current
rate for legal services, such services include, by way of example only, and not by way
of limitaeion, the following: Telephone, office an4 oue-of-office consultations with
clienc or oehel:' persons; preparation of papers, documenes. plea4ings, instruments or
other written maeerials; prepal:'ation for and attendance at depositions, hearings, and
erials; and tl:'avel in connection with matters being handled by the Firm on behi~lf of
the Client. The current race of ehe Attorney who represents the client on behalf, of
the Firm is $130.00 pel:' hOul:', however, travel time (unless used for case preparation)'
will be charged at $65.00 per houl:'.
5. COEl~j:l oR-nn Ot"'h~T' ~YneTH.:e!:1. In addition 'to ehs Aeeorneys I fees descri:bad in
Paragraph 4, the Client shall pay all costs, expenses, necessary disbursements, and
I:'easonacle personal and travel expenses incurred cy ehe Firm in advancing the Clienc's
cause. For purposes of this Agreemenc, reasonable travel costs shall mean the current
rate per mile allowed by the united Seates Intel:'nal Revenue Service for business use of
a vehicle, or the actual cost of el:'avel. In the event any Attorney is required eo
spend overnight out of colorado springs, colora40 on ceha1fof the Client, the Client
shall pay the 104ging snd meal expenses of the AttorneY. Photocopying shall be charged
at the Firm'S ehen currene raee. Extraordinary mail expenses shall be charged at cosc.
The Client shall be charge4 fol:' all long distance telephone calls at the cost thereof.
_ 6. subsr:.itut:ion or niSCn""TC'e nr l!..t:t:orn@v. At a.ny eime ehe Clien'C may dis-
'. charge or obtain the Substitution of other attorneys befol:'e cbe Firm has completed the
services for which it is hereby employed; provided, however, that upon such discharge
or substitution, the Client shall pay in full any amount owed to the Firm.
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7. wi r.hih"~wal ~f F~ 'rm. The Firm may withdraw for any reason from Client I 5
employment and retainer at any time, upon 5 days written notice to Client, and may
withdraw without any notice whatsoever if the Firm determines thae a conflice of
interest exists, or may exise, in its coneinued representation of the Client, or if the
Client fails to pay any bill, fee or charge when due or fails to follow any advice or
instruction of the Attorney, who represents the Client on behalf of the Firm. Despiee
such withdrawal, .the Client shall pay in full any amount owed to the Firm_ as provided
in Paragraph 5 above.
a. Cnnn~rat:i ~n and Assistj:iTH'~e. The Client shall cooperate and assist the
Attorney who represents the Client on behalf of the Firm. The Client shall keep thae
Attorney informed of any change of address or eelephone number. The Cliene shall not
contact other parties or wienesses without consulting the Attorney representing l:he
Client.
g. Die~laimer of WarT,I:lintv, The F.:i.:rm makes no warra:n.eies or representations
concerning the successful termination or ehe favorable outcome of any legal action that
may be filed by or against the Client or of any negotiations or discussions with other'
parties.
10. Powp.'Y'" of llttnrnev t=.o. 1!lxe~llt:e nn~m~nt:.~. The Client hereDY gives any
AttOrney who represents the Client On behalf of the Firm power to execute all documents
in connection wieh any mateers being handled by that Attorney on behalf of the client,
including pleadings, settlemene agreements and releases, variations, dismissals, orders
and all oeber similar documents the Client could otherwise properly execute,
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11, client Files. Client underseands and hereby acknowledges that all
dOQuments delivered to the Firm sha1l become the property of Anderson. Dude, pi:Eher ..
Lebel, P.C. The Firm is authorized to dispose of the Client file three (3) years afeer
ehe legal matter described herein has been resolved or three (3) years after the last
work on such maeeer has been performed, whi"hever comes last. If client wishes to
obtain such file, raeher than having ie disposed of, client shall ~e required to noeify
Firm of its desire to obtain the file. Such notification must be made within three (3)
years of the time that the legal matter described herein has been resolved or within
ehree (3) years after the last work has been performed on such maeter, whichever Qomes
first.
12, ~otice. Any notice reql.lired by this Agreement shall be in writing and
shall be served in person upon the parey for whom it is ineended, or sent ~y registered
or certified mail, rel:urn receipt reql.lested, to that party at the addrese shown below.
IN WITNESS WHEREOF, the Firm and the client have executed ehis Agreement the day
and year first a~ove written,
C1.IEN'I': CITY OF ASPEN
FIRM:
BY;
. Title:
C::;ITI' MAI-lA.6ee--
ANDERSON, DUD5, PIFHER .. 1.5551., P.C.
104 South cascade Street, suite 204
Colorado Springs. CO 80903
719/632-3545
719/632-5452 (fax)
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ATTEST:
Address: 130 S. Galena Street
Aspen, CO 81Eill
By:
Telephone Number: 970-920~529G
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