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Home My WebLink Aboutbocc.con.025.2012Rev. 08-30-11 jls COUNTY CLERK' S CONTRACT COVERSHEET CONTRACT #: 25.2012 ORIGINATING DEPARTMENT: Facilities PROCUREMENT OFFICER: Jodi Smith PHONE #: 5396 PROJECT NAME: Legal Representation FCC Attorney CONTRACTOR: Garvey Schubert Barer ,��-�e �,�a�J� DOLLAR AMOiTNT: t�6d` LINE ITEM # 003.77.00000.82010 CONTRACT EXECUTION DATE: 5/14/2012 CONTRACT END DATE: 5/14/2013 AUTOMATIC RENEWAL: � YES ❑ NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER $50,000 (Requires Section Leader & County Manager's Signaiure) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form} � Exempt n Contract Renewal ✓ CHECK CONTRACT TYPE: services/Maintenance License/Use ❑ Lease ❑ Construction �Goods, Equipment, Supplies Other (e.g. revenue) /� �. . � i ❑ Employment ❑ Intergovernmental Agreement (Resolution Required) ❑ Non-Proiit ❑ Quasi-Public (e.g.-AVH) ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Change Order/Contract Amendment (C/O: 10% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all e�ibits and notices must be attached for the following: ✓❑ No Pages Missing ✓� All Other Blanks Filled In ✓❑ If Page Left Intentionally Blank Note on Page ✓❑ All E�chibits Attached ✓❑ Page numbered consecutively ✓❑ All Legal Descriptions attached ('rf applicable) ✓❑ All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached ('f applicable) ✓❑ All Dates Filled In ✓❑ Warranty (if applicable) ✓� Special Instructions for Finance Department: This agreement letter was provided by Ely ✓� Authorized Procurement Officer's Name: Jodi Smith BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS 1N COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLISTI � Contract #25-2012 Line Itern # 003.77.00000.82010 � '�� , � � � f Garvey Schubert Barer �,��, � � � f�'�: Melodie Virtue1000 Potomac St. NW Washington, DC 20007 __ w �r - , . ,� _. _. 202.298.2527 � fACii�ttES MANAGfMENT REPRESENTATION AGREEMENT Pitkin County Board of County Connmissioner of Pitkin County, ("khe Client") hereby employs Garvey Schubert Barer, to act as legal counsel in legal matiers which may arise frotn time to time. Legal fees and costs will be billed in accordance with the Billing Policies of Garvey Schubert Barer set forth on this Representation Agreement which are part of this agreement. It is understood and agreed that Garvey Schubert Barer's hourly rates may increase in the future. BILLING POLICIES • Advise client on FCC regulatory matters affecting Fitkin County and the FM Translator, TV translator and LTPV industries. • Review all applications and other filings at the FCC as prepared by client at client's request. Telephonic and/or email advice to client regarding regulatory issues. Fee Schedaie: Monthly Retainer Senior Attorney Associate Attorney $ 275.00 $ 445.00/hour for services beyond retainer $ 325.00/hour for services beyond retainer Retainer Covera�e: The monthly retainer is to keep Pitkin County informed of developments within and beyond the FCC that may affect the County's interests as a licensee and cab[e regulator. They include notifications of the filing and disposition of radio applications within the areas served by the County's TV and FM translators; FCC news releases and decisions; written advisories addressing significant judicial and administrative rulings and rule making decisions that may interest the County in its dual capacities as a cable franchising authority and as a radio licensee; most requests by telephone or e-mail for information relating to a wide variety of issues which may or may not have a direct bearing on the County's broadcast and non-broadcast interests and functions. An example of inquiries covered by the retainer would be a telephone or e-maii reqaest for an interpretation of an FCC reguIation which does not require extensive research, or request for a Commission order or decision. Fitldn County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO $i6ii 9io-92�-539b, 97o-92O-52$5 Fax or email: jodis@co.pitlan.co.us 2 Contract #25-2012 Line Item # 003.77.00000.82010 Virtually all routine electronic research and document retrieval performed by paralegals or legal assistants (e.g., retrieving licenses, and reporting on the status of applications, rule makings, and litigation) are covered by the retainer. Neither the retainer (nor hourly charges) cover expenses Garvey Schubert Barer may have incurred on the County's behaif such as charges by independent paralegal services to research and retrieve physical documents from the FCC, duplication of pleadings and other documents, overnight mail, telephone and fax charges and similar items. All such items are set forth on monthly invoices. Non-Retainer Services: Just about all legal services not encompassed with the retainer's scope of work are billed at hourly rates. Where possible, tasks are assigned to qualified less senior attorneys or paraprofessionals so as to keep costs at a minimum. Typical hourly services that the Garvey Schubert Barer provides to a governmental entity such as Pitkin County include, but are not limited to the following: advice and counsel relating to cable franchising; the preparation, filing and advocacy of applications at the FCC for new FM, FM translator and T'V translators, inciuding modifications to existing facilities, temporary licensing, and assignments and transfers of licenses and construction permits to the County or by the County to others; the drafting or review of contracts, leases, settlement agreements, and other corporate-type documents; analyses of cases, rules and policies involving broadcasting and cable; participation on behalf of the County in FCC rule makings; conferences and communications with FCC staff inembers, including visits to the Commission's offices in Washington DC; and participation in litigation in which the County is a party such as grievance proceedings, the resolution of complaints filed with the FCC by the County or against it; and the preparation, filing and advocacy of applications for renewal of all radio broadcast (and non-broadcast) communications licenses issued to the County. Approved costs shall be reimbursed based upon actual costs incurred. Costs may include Federal Express, Courier Service, and photocopy expenses. Garvey Schubert Barer shall first utilize the staff of the Office of the Pitkin County attorney for all Rule 11 production and other case preparation activities and will obtain approval for expenses in advance unless doing so would result in failure to comply with procedural deadline(s). Adjustments in Garvey Schubert & Barer's rates and charges do occur from time to time, and they endeavor to notify all active clients of any changes at the time they are to take place. Nonetheless we still encourage all client inquiries coneerning the rates in effect at the beginning of each project and will provide an updated copy of these Billing Policies upon every request. If there are services which can be performed by law clerks or paralegals, this time will be charged at $125- 140 per hours. Billing will reflect a11 time expended an clients' matters such as: office cvnferences, legal research, telephone eatls, correspondence, travel time, drafting, court or hearing preparation and appearances, etc. Direct costs or expense relating to clients' work (i.e. photocopies, postage, long distance telephone calls, mileage, parking, etc.) will be billed in addition to hourly charges for professional services rendered. 2 Pitldn County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii 970-92�-5396� 97o-92Q-5285 Fax or email: jodis@co.pitkin.co.us � Contract #25-2012 Line Item # 003.77.00000.82010 Billing will normally be between the first day of the month and the last day of the month. In matters which are not ongoin,g, a final billing may be made at the conclusion of the matter. Terms are paytnent in full within 30 days of the date of billing. If payment is not received timely, services and expense advances may be discontinued until satisfactory anangements can be made to reinstate any past due account. Interest shall accrue at the rate of 1.0% per month on all amounts overdue and unpaid. If collection efforts become necessary on any unpaid amounts, the client shall be responsible for costs and legal fees related thereto. DOCUMENT/FILE RETENTION P4LICY When the engagement in this matter ends, Garvey Schubert Barer will return to the Client at their request (preferably written) all materials/property Garvey Schubert Barer provided to the Client during the course of the representation. The Client agrees that Garvey Schubert Barer have the right to make copies of ail documents generated or received by the Client from any source during the course of Garvey Schubert Barer representation of the Ciient. When the Client requests information from Garvey Schubert Barer fles, the cost of transmitting original documents andlor the cost of providing the Ctient with copies of other documents will be charged to the Client. It is Garvey Schubert Barer responsibility to secure the rerun of any documents or property in the file. If arrangements are not made for the return of any documents in the file within seven (7) years, following the conclusion of the matter, and there is otherwise no action on the file, the file may be destroyed. During the course of the representation, Garvey Schubert Barer may generate certain documents related to the matter that will be retained by Garvey Schubert Barer (as opposed to being sent to the Client) or destroyed. These documents include for example, firm administrative records, time and expense reports, personnel and staffing materials, credit and account records, and internal lawyers' work product such as draft, notes, internal memoranda, legal research and factual research, including investigative reports prepared by or for the internal use on the case). For various reasons, including the minimization of unnecessary storage expenses, Garvey Schubert Barer reserves the right to destroy or otherwise dispose of any documents or other materials that belong to Garvey Schubert Barer within a reasonabte time after Garvey Schubert Barer final bill for the matter is sent to the Client. ILLEGAL ALIENS/PUBLIC CONRACTS FOR SERVICES In conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended; [Not Applicable to agreements reCating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of ali employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shali not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify Pitkin County Facilities Management, 485 Rio Grande Ptace, Unit 101, Aspen, CO 8ibi1 97o-g2o-5396� 97o-92O-528� Fax or emaii: jodis@co.pitlan.co.us � Contract #25-2012 Line Item i# 003.77.00000.82010 to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Ver,ify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting Sta.te agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, aifirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other reguirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et sey., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. Public Contracts with Natura! Persons. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. GARVEY SCHUBERT BARER 1000 Potomac St. NW, Washington, DC 20007 . r $3r: � /Z�� Z..... odie Virtue Da PITKIN COITNTY, COLOR.ADO: By: �� --- Jodi Smith Facilities Mana er Date� , g By +� Pr Phylis Mattice, Assistant County Manager Date B: ' John Ely, Cou orney Date 4 Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii g'7o-92o-�g96, 970-920-�285 Fa�c or email: jodis@co,pitkin.co.us G