Loading...
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