City Council Agenda and Packet 2023 11 06

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PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Contract") is entered into by and between City of Louisville ("Client"), on the one hand, and Baron & Budd, P.C., and Diab Chambers, LLP (collectively and individually, "Attorneys"), on the other hand, as of the day of , 2023 (the "Effective Date"). Hereinafter, the Client and Attorneys may be referred to individually as "Party" and collectively as "Parties." RECITALS WHEREAS, the Client wishes to obtain specialized services concerning litigation arising from the wildfire that occurred in and around the City of Louisville, Colorado in December 2021 (the "Marshall Fire"); and WHEREAS, Attorneys are willing to provide such specialized services to Client under the terms and conditions set forth herein. TERMS NOW, THEREFORE, the Client hereby engages the services of Attorneys, and Attorneys agree to provide professional services to Client in accordance with the terms and conditions set forth herein: 1. CONDITIONS. This Contract will not take effect, and Attorneys will have no obligation to provide legal services, until Client returns a signed copy of this Contract. 2. AUTHORIZED REPRESENTATIVE OF CLIENT. Client designates Kathleen Kelly, Louisville City Attorney, or their designee, successor or successor's designee, as the authorized representative to direct Attorneys and to be the primary individual to communicate with Attorneys regarding the subject matter of Attorneys' representation of Client under this Contract. The designation is intended to establish a clear line of authority and to minimize potential uncertainty but not to preclude communication between Attorneys and other representatives of Client. 3. SCOPE OF SERVICES AND DUTIES. Client hires Attorneys to provide, and Attorneys shall provide, all legal services (the "Services") necessary for the investigation, analysis, preparation, filing, service, prosecution, handling, and collection on a judgment or monetary recovery of any amounts established under tort law as owing to the Client in a tort lawsuit to be brought by Attorneys on Client's behalf against Public Service Company of Colorado d/b/a XCEL ENERGY and its companies and any other potentially liable third parties (collectively "Defendants"), and pursuit of any and all other available remedies to Clients within the scope of tort damages, which resulted from the fire occurring in December 2021 in and around the City of Louisville, Colorado (the "Action"), including but not limited to any obligations to FEMA and related obligations or 55