09-03-2009 TOA Comcast Franchise Agreement 1/23/2013 10:10:48 AMTo: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Asst. Town Manager - Finance Director
Date: September 3, 2009
Re: Special Counsel — Comcast Franchise Agreement
Summary
The Town's franchise agreement with Comcast expires next year and Town staff has begun
some very preliminary discussions regarding our upcoming contract negotiations. One of
these discussions involved piggybacking on the Town of Vail's franchise negotiations and
coordinating these efforts with the attorney that is also representing Vail.
Staff's recommendation is to engage Kendra L. Carberry of Hayes, Phillips, Hoffman &
Carberry in order to act as special counsel to Avon for the purpose of negotiating a renewal
cable franchise agreement between the Town and Comcast. According to the agreement, prior
to billing any time on this project, a budget estimate will be provided to the Town upon receipt
of the first draft of a franchise agreement from Comcast.
The agreement provides that the Town may terminate at any time and has been reviewed by
the Town Attorney and Town Manager. In addition, Section 10.1 of the Home Rule Charter
states that Town Council approves special counsel.
Town Manaaer Comments:
Attachments:
A — Special Counsel Agreement
B — Resume of Kendra L. Carberry
Page 1
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.
9/3/2009
Special Counsel- l.doc
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.
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
HAYES, PHILLIPS, HOFFMANN &
CARBERRY, P.C.
Kendra L. Carberry
2 12:10 PM
Special Counsel -I. doe
Herbert C. Phillips
.. .. 1
POSITIONS:
City Attorney, City of Greenwood Village (2005- present)
City Attorney, City of Manitou Springs (2008 - present)
Town Attorney, Town of Superior (2005- present)
General Counsel, Table Mountain Animal Center (2003 - present)
General Counsel, North Front Range Metropolitan Planning Organization (2004 - present)
General Counsel, Alameda Water & Sanitation District (2005- present)
General Counsel, The Butterfly Pavilion & Insect Center (2005- present)
General Counsel, Superior Urban Renewal Authority (2005- present)
General Counsel, Superior Metropolitan District No. 1 (2007 - present)
General Counsel, Superior Metropolitan Interchange District (2007 - present)
General Counsel, Vail Reinvestment Authority (2008 - present)
Special Counsel, Town of Vail (2006 - present)
City Attorney, City of Edgewater (2004 -2008)
City Attorney, City of Victor (2001 -2007)
Town Attorney, Town of Mountain View (2001 -2006)
Town Attorney, Town of Watkins (2004 -2006)
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KLC resume.doc
HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C.
1350 Seventeenth Street, Suite 450
Denver, Colorado 80202 -1576
Telephone: (303) 825 -6444
Facsimile: (303) 825 -1269
Corey Y. Hoffmann
Fairplay Office Hilary M. Graham
Kendra L. Carberry
675 Main Street Charissa A. Eckhout
Jefferson H. Parker
P.O. Box 1046 Elizabeth C. Gross
Fairplay, CO 80440 Cristina E. DiMaria
Of Counsel
Telephone: (719) 836 -9005
John E. Hayes
Facsimile: (719) 836 -9010
Herbert C. Phillips
.. .. 1
POSITIONS:
City Attorney, City of Greenwood Village (2005- present)
City Attorney, City of Manitou Springs (2008 - present)
Town Attorney, Town of Superior (2005- present)
General Counsel, Table Mountain Animal Center (2003 - present)
General Counsel, North Front Range Metropolitan Planning Organization (2004 - present)
General Counsel, Alameda Water & Sanitation District (2005- present)
General Counsel, The Butterfly Pavilion & Insect Center (2005- present)
General Counsel, Superior Urban Renewal Authority (2005- present)
General Counsel, Superior Metropolitan District No. 1 (2007 - present)
General Counsel, Superior Metropolitan Interchange District (2007 - present)
General Counsel, Vail Reinvestment Authority (2008 - present)
Special Counsel, Town of Vail (2006 - present)
City Attorney, City of Edgewater (2004 -2008)
City Attorney, City of Victor (2001 -2007)
Town Attorney, Town of Mountain View (2001 -2006)
Town Attorney, Town of Watkins (2004 -2006)
9/3/2009
KLC resume.doc
12:10 PM
Page 2
Assistant City Attorney, City of Greenwood Village (1999 -2005)
General Counsel, Edgewater Redevelopment Authority (2004 -2008)
General Counsel, ABCO Engineering Corporation (2004 -2008)
General Counsel, Hudson Fire Protection District (1999 -2002)
Special Counsel, City of Golden (2005 -2006)
Special Counsel, El Paso County Clerk and Recorder (2002)
Municipal Prosecutor, City of Victor (2001 -2006)
Municipal Prosecutor, Town of Mountain View (2001 -2006)
Municipal Prosecutor, City of Black Hawk (1999 -2002)
Municipal Prosecutor, City of Greenwood Village (1999 -2002)
Municipal Prosecutor, Town of Alma (1999 -2003)
Municipal Prosecutor, City of Sheridan (1996 -1999)
Law Clerk to the Honorable Michael C. Villano, Jefferson County District Court (1995 -1996)
Special Assistant County Attorney, Jefferson County Attorney's Office (1995)
Law Clerk, Jefferson County Attorney's Office (1991 -1995)
PUBLICATIONS AND PRESENTATIONS:
K. Carberry, S. Light and K. Aviles, Revenue Sharing Perks and Pitfalls — Yes it can
Work!, Colorado Municipal League Annual Conference (Vail, CO, June, 2009).
K. Carberry and J. Parker, Residential Door-to-Door Solicitation, Colorado Municipal
League Annual Seminar on Municipal Law (Glenwood Springs, CO, October 2007).
K. Carberry and K. Harrington, Top Ten Reasons to Hate the Colorado Open Records
Act and the Colorado Open Meetings Law, Colorado Municipal League Annual
Conference (Vail, CO, June 2005).
K. Carberry, D. Atencio and A. McGihon, Colorado Election Law Update (published by
the National Business Institute, July 2001).
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Page 3
K. Carberry, Special District 2002 Election Workshop, Colorado Department of Local
Affairs (Parker, CO, October, 2001 and Arvada, CO, November 2001).
K. Carberry, Redistricting — A Municipal Perspective, Colorado Municipal League
Annual Seminar on Municipal Law (Steamboat Springs, CO, October 2001).
K. Carberry, Redistricting: A Municipal Perspective, The Colorado Lawyer (Vol. 31,
No. 2, February 2002).
K. Carberry, E -mail and Public Records Issues, Colorado Municipal Clerks' Association
Annual Luncheon (Black Hawk, CO, May 1999).
PROFESSIONAL ASSOCIATIONS:
Member, Denver, Colorado and Colorado Women's Bar Associations.
Member, Bar of the United States Supreme Court.
Member, Colorado Municipal League Interjurisdictional Election Committee.
EDUCATION:
J.D., University of Colorado School of Law, Boulder, CO, 1994
Bureau of National Affairs Award
Dean's List
Associate Editor, University of Colorado Law Review
B.A., English Literature, University of Virginia, Charlottesville, VA, 1991
Intermediate Honors
PERSONAL:
Born Glen Ridge, New Jersey, January 20, 1969.
9/3/2009
KLC resume.doc