Lakewood Reinvestment Authority Resolution 2005-3 REQUEST FOR LRA ACTION

RESOLUTION: LRA 2005-3

SUBJECT: A resolution designating the firm of Murray, Dahl Kueckenmeister & Renaud LLP as legal counsel to the Lakewood Reinvestment.

RECOMMENDATION: Approval

SUMMARY AND BACKGROUND OF SUBJECT MATTER: The firm of Murray, Dahl Kueckenmeister & Renaud LLP has the necessary expertise and familiarity with the Lakewood Reinvestment Authority's (LRA) urban renewal plans to provide legal services to the LRA.

RESOLUTION ADOPTION DATE: February 28, 2005

ORIGINATED BY: Rebecca P. Clark, LRA Director

STAFF PERSON RESPONSIBLE: Rebecca P. Clark, LRA Director, 303-987-7525

DOCUMENTS ATTACHED: Resolution LRA 2005-3
Exhibit 1: Legal Counsel Contract Agreement

SUBMITTED BY:
Rebecca P. Clark, LRA Director

REVIEWED BY:
Michael J. Rock, Executive Director


LRA 2005-3

A RESOLUTION

DESIGNATING THE GENERAL COUNSEL OF THE LAKEWOOD REINVESTMENT AUTHORITY

Be it resolved by the Lakewood Reinvestment Authority of the City of Lakewood, Colorado, that:

SECTION 1: Murray Dahl Kuechenmeister & Renaud LLP ("The Firm") is hereby appointed as the General Counsel of the Lakewood Reinvestment Authority ("The Authority"), for a term beginning January 1, 2005, until such a time as the contract for services between the Firm and the Authority is terminated by either the Firm or the Authority.

INTRODUCED, READ AND ADOPTED by a vote of 10 for and 0 against at a regular meeting of the Board of Commissioners of the Lakewood Reinvestment Authority on February 28, 2005, at 9:01 p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Chair

ATTEST:
Michael J. Rock, Executive Director


CONTRACT FOR LEGAL SERVICES

THIS AGREEMENT is made this ____ day of ___________, 2005, by and between MURRAY DAHL KUECHENMEISTER & RENAUD LLP (the "Firm") and the LAKEWOOD REINVESTMENT AUTHORITY (the "AUTHORITY").

RECITALS

1. The Authority is desirous of contracting with the Firm for legal services.

2. The Firm and its attorneys are authorized to practice law in the State of Colorado.

AGREEMENT

1. The Firm shall provide special legal services to the Authority as follows:
· Provide urban renewal consulting services to City Attorney's Office with regarding the following urban renewal plans: West Alameda Avenue Corridor Urban Redevelopment Plan and Colfax/Wadsworth Reinvestment Plan.
· Provide strategic advice and support to City team for urban renewal development projects.
· Assist with development agreement negotiations.
· Represent the Authority in eminent domain actions and other litigation.
· Other services upon request of the Executive Director.

2. Malcolm M. Murray of the Firm shall be principally responsible for the Services.

3. The Firm is acting as an independent contractor; therefore, the Authority will not be responsible for FICA taxes, health or life insurance, vacation, or other employment benefits.

4. The Authority shall pay for the Services at the hourly rate not to exceed $200 per hour. The Authority shall pay for appraisal and consultant services in amounts billed to the Firm. The Firm will issue a detailed, itemized invoice each month, and the Authority will pay each invoice within 30 days after receipt. Expenses (copying, long distance telephone, mileage, etc.) will be charged at the rates set forth on the attached Schedule of Costs. Current rates may be changed upon the express approval of both parties, in advance, without amendment of this Agreement.

5. This Contract may be terminated by the Authority with or without cause.

6. The parties intend that this Agreement shall be substituted for the various agreements executed by and between the Authority and Gorsuch Kirgis LLP (the 'Gorsuch Kirgis Agreement") and that all services rendered, payments made, and invoices received pursuant to the Gorsuch Kirgis Agreement shall be deemed to have been pursuant to this Agreement. The Gorsuch Kirgis Agreement is hereby voided and of no effect.

MURRAY DAHL KUECHENMEISTER & RENAUD LLP
By: Malcolm M. Murray

LAKEWOOD REINVESTMENT AUTHORITY
By: Michael J. Rock, Executive Director



EXHIBIT A
Schedule of Costs

1. Long Distance Telephone Charges: These charges include the actual per minute charge billed to us by our long distance carrier and an additional amount to cover call accounting system and miscellaneous costs.

2. Faxes: There is no charge for faxes received or for faxes sent within the local calling area. For faxes sent outside of the local calling area, the client is charged for the long distance telephone connection.

3. Copying and Scanning: Document scanning and copying charges are $.20 per page for services performed within the Firm. Copying, collating, binding, and scanning performed outside the Firm shall be charged at actual cost. The decision to use outside scanning, copying, collating and binding services shall be made on a case-by-case basis as the circumstances require.

4. Color Printer: Documents printed in-house using the Firm's color printer will be charged at $.25 per page.

5. Deliveries: Items delivered by commercial messenger service are billed at the actual rate charged by the service.

6. Computer Research: The charge to the client includes the usage amount billed to the Firm for on-line computer services plus an additional amount to cover equipment, telephone, basic subscription costs, taxes, and other overhead costs.

7. Mileage: Mileage is charged at a rate of $.375 per mile driven by the Firm's personnel on client business. This rate is adjusted from time to time to conform with the guidelines published by the IRS.

8. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services.