09-08-2009 Agreement between K Carberry Atty and TOAAGREEMENT (SPECIAL COUNSEL)
THIS AGREEMENT is entered into this 11 day of c_�-e 2009, by and
between Kendra L. Carberry of Hayes, Phillips, Hoffmann & Carberry, P.C. ( "Attorney "), and
the Town of Avon, Colorado ("Avon").
WHEREAS, Avon wishes to contract for special counsel legal services; and
WHEREAS, Attorney is authorized to practice law in the State of Colorado and wishes to
provide special counsel legal services for Avon.
NOW THEREFORE, in consideration of the mutual promises and conditions herein
contained, the parties covenant and agree as follows:
I ,A_tto_rney shall act as special counsel to Avon and furnish all legal services
required by Avon to negotiate a renewal cable franchise agreement between Avon and Comcast.
In performing such services, Attorney shall coordinate and cooperate with Avon staff. In
addition, prior to billing any time on this project, Attorney shall provide Avon with an
approximate budget. Attorney will prepare the budget upon receipt of the first draft of a
franchise agreement from Comcast, which is expected to occur in September, 2009. Avon
understands that Attorney is also representing the Town of Vail in these negotiations, and if
Avon's interests in these negotiations ever become adverse to the Town of Vail's, Attorney will
need to resign the position described in this Agreement.
2. Attorney shall supply the secretarial and other support staff services necessary to
render the services to Avon as required by this Agreement. Attorney shall supply the office
furniture, law books, fixtures, computers and telephone service necessary to render the services
to Avon as required by this Agreement. Law books and other items purchased or furnished by
Avon for Attorney's use will remain Avon's property at the end of Attorney's tenure as Attorney
for Avon.
3. At all times during the term of this Agreement, Attorney shall maintain
professional liability insurance in an amount no less than one million dollars ($1,000,000.00).
4. Attorney is acting as an independent contractor; therefore, Avon will not be
responsible for FICA taxes, health or life insurance, vacation, or sick time. The position
contracted for herein shall not be a full -time position.
5. Attorney shall provide the following services in relation to the issue identified in
Paragraph 1 hereof. as directed, attend meetings; perform all duties required by ordinances of
Avon and by state and federal law; and provide timely attention to and advice with regard to
compliance with all applicable law.
6. Avon shall compensate Attorney for the legal services described herein at a rate
of one hundred eighty -five dollars ($185.00) per hour. Attorney travel time shall be billed at
one -half time. Compensation for such legal services is payable monthly following submission of
itemized statements to Avon.
9/8/2009
Special Counsel -1
7. Avon shall pay, in addition to payment of legal fees, all filing fees, bonds, witness
fees, deposition costs, messenger services, long distance telephone charges, reproduction costs,
postage, computer research costs, and similar expenses incurred by Attorney on behalf of Avon.
Such charges and costs shall be separately itemized on billing statements.
8. While representing Avon, Attorney will assert Avon's position vigorously and
efficiently. However, Avon understands that in representing any client in a contested matter,
Attorney cannot promise or guarantee the ultimate success of the client's position.
9. This Agreement shall become effective upon execution and shall continue until
the project described in Paragraph 1 hereof is completed, provided that this Agreement may be
terminated at any time at the pleasure of either party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATT T.
Town Cl k
HAYES, PHILLIPS, HOFFMANN &
CARBERRY, P.0
f ' k
Ke dra L. Carry
2
9:38 AM
Special Counsel -i
AGREEMENT (SPECIAL COUNSEL
THIS AGREEMENT is entered into this �_ day of 2009, by and
between Kendra L. Carberry of Hayes, Phillips, Hoffmann & Carberry, P.C. ( "Attorney "), and
the Town of Avon, Colorado ( "Avon ").
WHEREAS, Avon wishes to contract for special counsel legal services; and
WHEREAS, Attorney is authorized to practice law in the State of Colorado and wishes to
provide special counsel legal services for Avon.
NOW THEREFORE, in consideration of the mutual promises and conditions herein
contained, the parties covenant and agree as follows:
1. Attorney shall act as special counsel to Avon and furnish all legal services
required by Avon to negotiate a renewal cable franchise agreement between Avon and Comcast.
In performing such services, Attorney shall coordinate and cooperate with Avon staff. In
addition, prior to billing any time on this project, Attorney shall provide Avon with an
approximate budget. Attorney will prepare the budget upon receipt of the first draft of a
franchise agreement from Comcast, which is expected to occur in September, 2009. Avon
understands that Attorney is also representing the Town of Vail in these negotiations, and if
Avon's interests in these negotiations ever become adverse to the Town of Vail's, Attorney will
need to resign the position described in this Agreement.
2. Attorney shall supply the secretarial and other support staff services necessary to
render the services to Avon as required by this Agreement. Attorney shall supply the office
furniture, law books, fixtures, computers and telephone service necessary to render the services
to Avon as required by this Agreement. Law books and other items purchased or furnished by
Avon for Attorney's use will remain Avon's property at the end of Attorney's tenure as Attorney
for Avon.
3. At all times during the term of this Agreement, Attorney shall maintain
professional liability insurance in an amount no less than one million dollars ($1,000,000.00).
4. Attorney is acting as an independent contractor; therefore, Avon will not be
responsible for FICA taxes, health or life insurance, vacation, or sick time. The position
contracted for herein shall not be a full -time position.
5. Attorney shall provide the following services in relation to the issue identified in
Paragraph 1 hereof: as directed, attend meetings; perform all duties required by ordinances of
Avon and by state and federal law; and provide timely attention to and advice with regard to
compliance with all applicable law.
6. Avon shall compensate Attorney for the legal services described herein at a rate
of one hundred eighty -five dollars ($185.00) per hour. Attorney travel time shall be billed at
one -half time. Compensation for such legal services is payable monthly following submission of
itemized statements to Avon.
9/8/2009
Special Counsel -1
7. Avon shall pay, in addition to payment of legal fees, all filing fees, bonds, witness
fees, deposition costs, messenger services, long distance telephone charges, reproduction costs,
postage, computer research costs, and similar expenses incurred by Attorney on behalf of Avon.
Such charges and costs shall be separately itemized on billing statements.
8. While representing Avon, Attorney will assert Avon's position vigorously and
efficiently. However, Avon understands that in representing any client in a contested matter,
Attorney cannot promise or guarantee the ultimate success of the client's position.
9. This Agreement shall become effective upon execution and shall continue until
the project described in Paragraph I hereof is completed, provided that this Agreement may be
terminated at any time at the pleasure of either party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
AVON, COLgRAD
-A
�- , ✓` �k
ATT T.
Town Cl k
HAYES, PHILLIPS, HOFFMANN &
CARBERRY, P.C.
Kendra L. Carberry
2
9:38 AM
Special Counsel -I