HomeMy WebLinkAbout20181867.tiffRESOLUTION
RE: APPOINTMENT OF ATTORNEY JED SCOTT AS SPECIAL COUNSEL TO PROVIDE
LEGAL ADVICE TO AND REPRESENTATION OF THE WELD COUNTY CLERK AND
RECORDER REGARDING RECALL AFFIDAVIT, PROCESS AND PROCEDURES
AND AUTHORIZE CHAIR TO SIGN LETTER OF ENGAGEMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter ("Charter"), is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, Section 5-4 of the Charter authorizes the Board of County Commissioners to
appoint special counsel for the purpose of making investigations and representing the County in
suits by and against the County, its officers, or its agencies, and
WHEREAS, the Weld County Clerk and Recorder has received an affidavit from a Weld
County citizen requesting the recall of a Weld County Commissioner, pursuant to Charter Section
15-3, and
WHEREAS, the recall procedures set forth in Charter Section 15-3 and in C.R.S. Title 1,
Article 12, Part 1, include authority for the elected official who is the subject to the recall to protest
various aspects thereof, with such protests being made in and determined by a court of competent
jurisdiction, and
WHEREAS, because of the potential for such protests in court and the inherent conflict
such protests could create for the County Attorney, the Clerk and Recorder is in need of the
appointment of Special Counsel to provide legal advice regarding the recall affidavit, process and
procedures, and to represent the Clerk and Recorder in court for such protests, if necessary, and
WHEREAS, attorney Jed Scott has agreed to provide such legal advice and
representation pursuant to a letter of engagement, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that attorney Jed Scott be, and hereby is, appointed as Special Counsel to
provide legal advice and representation to the Weld County Clerk and Recorder regarding the
aforementioned recall affidavit, process and procedures, pursuant to the terms set forth in the
attached letter of engagement.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said letter of engagement on behalf of the Board.
56)
/,-/ 3-I
2018-1867
CR0030
APPOINTMENT OF ATTORNEY JED SCOTT AS SPECIAL COUNSEL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld C nty jrk to
BY:
Deputy k o the
APFEVED
County Attorney
Date of signature: itV
Mike Freeman
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro -Tern
)111-ie A.
2018-1867
CR0030
BELL, GOULD, LINDER & SCOTT, P.C.
Letter of Engagement for Hourly Matters
Client: Board of County Commissioners of Weld County, on Behalf of
Carly Koppes, Weld County Clerk & Recorder
Matter: Recall petition for Commissioner Barbara Kirkmeyer
Date: June 12, 2018
Dear Board Chairman Moreno and Ms. Koppes:
We appreciate the confidence you have shown in this firm by requesting our assistance with
regard to this matter. In order to avoid any misunderstanding and foster a consistent and mutually
satisfying relationship, we ask that you read, understand, and agree to the terms set forth in this letter.
Unless otherwise agreed in writing, the terms of this engagement agreement shall apply to any services we
render to you, in addition to those rendered on the matter identified above. At this time, you have asked
us to serve as your special counsel for representation/assistance for Ms. Koppes regarding the
recall petition/process for Commissioner Barbara Kirkmeyer.
We will undertake representation of you when we receive both a deposit or "retainer" in
the amount of N/A and an executed copy of this letter. Depending on the matters that you may
bring to our attention, we have advised you that the range of costs and fees to bring any particular
matter to conclusion cannot be determined at this time. No retainer amount constitutes a guarantee or
cap on the costs of the services requested.
If at some point in the future this matter involves litigation, we may require that you execute
a separate engagement agreement for litigation and pay a retainer. For now, be aware that in the event
of litigation (1) you have an obligation to disclose information about the case in the form of
physical evidence and the identity of potential witnesses, (2) you must not tamper with any
evidence in any manner, (3) the court or other authority (such as an arbitrator) may award monetary
"damages" to the other side if the other side wins a judgment or verdict in its favor on any claims it
brings against you, (4) you may also be ordered to pay the other side's costs, which may be substantial,
(5) you are likely to be ordered to pay the other side's costs if you lose the case or if you fail to
accept a settlement offer and ultimately do not obtain a judgment or verdict that is more favorable than
the offer, and (6) you may in some cases also be ordered to pay the other side's attorneys' fees.
Our standard policy is to destroy files three years after work is completed or the file is otherwise
closed or becomes inactive. You may inspect your file or have it returned to you at any time before it is
destroyed.
FEES AND CHARGES
This matter is being taken on an hourly basis. There can be no assurance of how much time will
ultimately be expended on this matter because only certain aspects of the case are within our control.
You are advised that there are different fee arrangements available to you, including fixed and flat
fee arrangements, but you agree to pay this law firm fees based on the hourly rates stated herein (as they
may be amended from time -to -time). The basic hourly rate for Attorney Gregory S. Bell is $250.00, the
basic hourly rate for Attorney Matthew T. Gould is $225.00, the basic hourly rate for Attorney Jeremy E.
Scott is $225.00, and the basic hourly rate for Attorney Peter Linder is $225.00 per hour. Paralegal time
will be used when possible to control costs and is charged at $95.00 per hour. Some work, such as
completion of pre-existing forms that our firm has generated over time through performing work of a
similar nature, may be billed based on the value of the work rather than the actual time necessary to
perform the work.
Letter of Engagement, Weld County
Page 2 of 3
For instance, our standard fee for registered agent service (should you require such service) is $170.00.
Travel time is charged at the applicable hourly rate. We reserve the right to increase these hourly fees in
the future upon not less than thirty days' notice. All fees are billed in one -tenth hour increments, with a
minimum charge of two -tenths per event, including telephone calls. In addition, copies, faxes, long
distance calls, mileage, court and other governmental filing fees, recording fees (commonly incurred
with respect to real estate transactions), and all other out-of-pocket expenses are charged separately.
To fully and effectively represent you, it is sometimes necessary to engage the services of
other counsel or experts in other fields. You will be advised of the need for other experts, but
by this agreement you authorize us to consult with and pay specialized attorneys, accountants, or other
experts as necessary or beneficial to your cause. You authorize us to incur reasonable expenses in
pursuing this matter and to disburse funds you provide to us. We will make every effort to consult with
you in advance before incurring any significant expense.
Any retainer that you pay upon signing this agreement will be used as an advance against
fees and costs. Any unused portion of the retainer remaining when this matter is closed will be
returned. Your retainer funds will be held in trust until earned. We are required by law to deposit such
funds in an interest -bearing account, from which all interest is paid to the Colorado Lawyer's
Trust Account Foundation ("COLTAF") that provides free services and information about legal issues
to the public. No interest is paid to the firm or credited to your account.
Amounts incurred by the firm for collection of fees and costs shall be reimbursed by you,
including reasonable attorney fees. The firm may enforce an attorney's lien in accordance with state
law. An interest charge of 1.5% per month will be added to any account past due over thirty (30) days
and will be compounded monthly.
You agree to bring to the firm's attention any question or dispute regarding your bill within 45
days of the bill's date. If no resolution is reached within such time, your exclusive redress is to submit
the matter within 90 days thereafter to the Legal Fee Arbitration Committee of the Colorado
Bar Association, whose decision shall be final and judicially enforceable. Failure to bring any
billing question or dispute to the firm's attention in writing within such 45 -day period shall be
deemed an acceptance of the billed amount. If you or this firm terminates representation while this
matter is in litigation, you agree to pay all costs associated with submitting withdrawal filings to
the Court in addition to any other amounts that may be owed, including costs and attorney fees.
IN CONCLUSION
There is never any assurance of outcome. We will advise you of the law as applied to the
facts as they appear. We will zealously advocate your cause and interests, but tell you where we
perceive problems. We will recommend courses of action based on our experience, but the decisions are
yours.
We look forward to serving you in a supportive and professional manner. If at any time you have
a concern or complaint, please set a time to discuss it with any of us. Our commitment to you is to do all
reasonably within our power and within the bounds of the law to protect your personal and financial
interests.
This proposal will be null and void if not signed by you and returned to the offices of Bell,
Gould, Linder, & Scott, P.C., within 21 days of the date indicated above. This Agreement will not
be effective until signed by an authorized representative of Bell, Gould, Linder, & Scott, P.C.
By: Steve Moreno, Chair Date
Letter of Engagement, Weld County
Page 3 of 3
CLIENT:
Board of County Commissioners of
Weld County, Colorado, on Behalf
of Carly Koppes, Weld County
Clerk & Recorder
BELL, GOULD, LINDER, & SCOTT, P.C.:
'-Atu-rr>' JUN 1 3 2018
By: Jeremy E. Scott
Attorney
oeo/1-/Y' I
Hello