HomeMy WebLinkAbout980503.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
HALL AND EVANS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Attorney, and Hall and Evans, LLC, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Services between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Attorney, and Hall and Evans, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of March, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST:
f ` Constance L. Harbejt, Chair
Weld Coup SCI �o. . ��
�ry11�
de"?
W. H ebster, P o-T
BY: .L`9. `:i_•a!�_si :/`,'�"� �%
Deputy CI tf i 1,ci
Georg E. Baxter
APPRO F • EXCUSED
Dale K. Hall
4, k2 ibr, i
/Barbara J. Kirkmeyer
980503
CC: CA (& J I"►a aL. J CA0009
HALL & EVANS, L.L.C.
ATTORNEYS AT LAW
SUITE 1700 COLORADO SPRINGS OFFICE
1200 SEVENTEENTH STREET SUITE SOO
THOMAS J. LYONS 102 SOUTH TEJON STREET
DENVER, COLORADO 80202-5817 COLORADO SPRINGS, COLORADO 80903-2264
LYONST@HALLEVANS.COM TELEPHONE 719/578-5600
TELEPHONE 303/628-3300
(303) 628-3355 DENVER TELEPHONE 303/628-3400
FACSIMILE 303/628-3368 FACSIMILE 719/63S-7455
March 10, 1998
Bruce T. Barker, Esq.
Weld County Attorney
915 Tenth Street
P.O. Box 1948
Greeley, CO 80632
RE: BOCC v. Wilson, et al.
Civil Action No. 97-CV-653
District Court, Weld County
Our File No. 7592-82
Dear Bruce:
This will follow up your correspondence of March 6, 1998 and our telephone discussions
regarding creation of a written contact to serve Weld County as special counsel. Based on the
information exchanged to date, Hall & Evans, L.L.C. hereby expresses the willingness to provide
Weld County with representation as special counsel in connection with the litigation matter
identified above and as to such ancillary and other matters as may be deemed appropriate by
yourself and the county.
In accordance with our prior discussions, the firm shall charge reasonable fees for our
services, plus the expenses which may be incurred in connection with the work to be performed, all
to be documented in writing and submitted for your review. Weld County agrees to pay such fees
and expenses in accordance with the terms of this letter. Firm fees are based upon several factors,
including the following:
a. The time and labor required, the novelty and complexity of the questions involved,
and the skill required to perform the legal services properly;
b. The likelihood that the acceptance of your work will preclude other employment by
the firm;
c. The fees customarily charged by our firm and by other lawyers in this community
for similar legal and paralegal services;
Bruce T. Barker, Esq.
Civil Action No. 97-CV-653
March 10, 1998
Page 2
d. The time limitations imposed by the circumstances of the matters which we have
undertaken for you;
e. The nature and length of our professional relationship with you;
f. The experience, reputation, and ability of those in this office who perform the
services for you.
The hourly rate established by our firm for my services to the county on this file is $125.00
per hour, at present. To any extent associates or paralegals may be used on a cost efficient basis
with respect to this litigation, hourly rates from $110 to $115 per hour for associates and from $55
to $75 per hour for paralegals apply for the present. Specific rates are established on the basis of
the experience level and capabilities of the assigned individual, as well as in accordance with the
factors listed above.
Our billing rates are revised periodically, as may be necessary to reflect both increased costs
of doing business and any advancements by attorneys or paralegals due to enhanced experience and
other professional development. Any such revisions in rates will be announced to you for
concurrence in advance of the performance of any work at a revised rate. We are committed to
avoiding any duplicative time expenditures by personnel in this office. Time devoted to this matter
by attorneys and paralegals is described for you through our billing statements, which will be
provided on a monthly basis. You should feel free to examine such statements in detail and to
contact us if you have any questions about the contents of the statements.
In addition to fees, monthly statements will reflect the costs and expenses incurred in this
matter, including any investigation expenses, postage, photocopying, long distance telephone
expenses, secretarial overtime, and necessary messenger services. In the event of any actual
litigation, the costs associated with depositions, transcripts of depositions and travel expenses would
also be included. Normal overhead expenses of the office are not billed to files. The office expects
our monthly statements to be paid monthly.
As is our normal practice, we will attempt to keep you fully informed of our progress in this
matter by sending you copies of any relevant information and documents prepared or received by
this office. Before we pursue any expensive or time-consuming course of action not previously
discussed with you, we will obtain your oral authorization. As you know, the course of action to
be taken on your behalf at this point is confined to providing representation for the county and its
officials in connection with the litigation identified above.
I believe that this agreement is in accord with our previous discussions concerning this
matter. If you have any questions regarding the nature and scope of this undertaking, or the basis
Bruce T. Barker, Esq.
Civil Action No. 97-CV-653
March 10, 1998
Page 3
upon which we will determine and bill our fees and costs, please do not hesitate to call me. If the
terms included in this letter are agreeable to you, please have an authorized Weld County
representative sign the original of this agreement and return it to me at Hall & Evans, L.L.C. in the
enclosed self-addressed, stamped envelope. The enclosed copy is for your own records.
Thank you very much for providing us the opportunity to assist you.
Very trul urs,
THO S J. Y NS
of HALL & ANS, L.L.C.
tjl/s
AGREED this 30 day of March, 1998.
ditiditd-14
Constance L. larbert, Chair
for Weld County Board of Commissioners
H:\USERS\LYONST\WELD\WILSON\CORRES\REPR ESEN.1
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