03-03-2015 Legal Services Agreement -Moses, Wittemyer, Harrison and Woodruff, P.C.MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
LAW OFFICES
March 3, 2015
BY EMAIL
Town of Avon
c/o Virginia Egger, Town Manager
P. O. Box 975
Avon, CO 81620
Re: Revised Agreement for Leaal Services, Town of Avon
Dear Virginia:
The purpose of this letter is to outline the terms on which the Town of Avon (the
"Town ") agrees to continue retention of Moses, Wittemyer, Harrison and Woodruff, P.C. to
provide water - related legal services and the terms on which the firm agrees to provide those
services. The scope of the engagement is to provide legal services on an as- needed basis as
water counsel to the Town. We understand that the work will involve assisting you as Town
Manager and advising you and the Town Council on transactional matters that are water - related,
such as dealings with the Upper Eagle Regional Water Authority and other members of the
Authority, contracts and negotiations with developers, acquisition of water rights, and related
matters.
Specifically, we understand that this work will include negotiations with the Upper Eagle
Regional Water Authority regarding the unallocated water as well as creation of a "water bank"
for allocation of water within the Town. In addition, we will continue to review the monthly
resume of water court applications, advise you of any applications that may affect the Town or
its water rights, and represent the Town as needed in Water Court cases. Any recommended
Water Court activity would be coordinated with the Upper Eagle Regional Water Authority
because the primary responsibility for Water Court work associated with the Town's leased and
otherwise allocated water rights lies with the Authority.
Our previous engagement letter dated January 9, 2014, identified work that we have done
for other clients that might have been considered by the Town to present the potential of a
conflict. We are aware of no additional conflicts or potential conflicts with work for other
clients of the firm that have arisen during the course of our representation of the Town.
Sometimes conflicts arise that were not foreseen when we undertook the new representation. In
that event, our firm's policy is to cease representing the newer client and to continue representing
the older client to the extent that ethical considerations permit us to do so. Sometimes, based on
00099794 -2
1002 WALNUT STREET, SUITE 300
RAPHAEL J. MOSES
TIMOTHY J. BEATON
BOULDER, COLORADO 80302
(1913 -2011)
RICHARD J. MEHREN
CHARLES N. WOODRUFF
CAROLYNR. STEFFL
TELEPHONE: (303)443 -8782
(1941 -1996)
JENNIFER M. DILALLA
FAX: (303)443 -8796
INTERNET: www.mwhw.com
COUNSEL
JOHN WITTEMYER
ANNE D. BENSARD
ADDRESS CORRESPONDENCE TO:
DAVID L. HARRISON
ALISON D. GORSEVSKI
P. O. BOX 1440
JAMES R. MONTGOMERY
ANDREA A. KEHRL
BOULDER, COLORADO 80306 -1440
March 3, 2015
BY EMAIL
Town of Avon
c/o Virginia Egger, Town Manager
P. O. Box 975
Avon, CO 81620
Re: Revised Agreement for Leaal Services, Town of Avon
Dear Virginia:
The purpose of this letter is to outline the terms on which the Town of Avon (the
"Town ") agrees to continue retention of Moses, Wittemyer, Harrison and Woodruff, P.C. to
provide water - related legal services and the terms on which the firm agrees to provide those
services. The scope of the engagement is to provide legal services on an as- needed basis as
water counsel to the Town. We understand that the work will involve assisting you as Town
Manager and advising you and the Town Council on transactional matters that are water - related,
such as dealings with the Upper Eagle Regional Water Authority and other members of the
Authority, contracts and negotiations with developers, acquisition of water rights, and related
matters.
Specifically, we understand that this work will include negotiations with the Upper Eagle
Regional Water Authority regarding the unallocated water as well as creation of a "water bank"
for allocation of water within the Town. In addition, we will continue to review the monthly
resume of water court applications, advise you of any applications that may affect the Town or
its water rights, and represent the Town as needed in Water Court cases. Any recommended
Water Court activity would be coordinated with the Upper Eagle Regional Water Authority
because the primary responsibility for Water Court work associated with the Town's leased and
otherwise allocated water rights lies with the Authority.
Our previous engagement letter dated January 9, 2014, identified work that we have done
for other clients that might have been considered by the Town to present the potential of a
conflict. We are aware of no additional conflicts or potential conflicts with work for other
clients of the firm that have arisen during the course of our representation of the Town.
Sometimes conflicts arise that were not foreseen when we undertook the new representation. In
that event, our firm's policy is to cease representing the newer client and to continue representing
the older client to the extent that ethical considerations permit us to do so. Sometimes, based on
00099794 -2
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Virginia Egger, Town Manager
March 3, 2015
Page 2
ethical considerations, it may be necessary for our firm to cease representing both the newer and
the older client in a particular matter if a conflict of interest arises.
As we have discussed with you and with Town Attorney Eric Heil, Richard Mehren will
be the attorney responsible for the Town's water matters including, but not limited to, review of
monthly water court filings, participation in water court cases, if any, and assistance to the Town
with water rights and use matters. Jay Montgomery, who is of- counsel to the firm and has
represented the Town since 2007 will continue at least through 2015 to assist the Town in
consultation with Richard Mehren, in matters involving implementation of, changes to, or re-
negotiation of, the various agreements with the Upper Eagle Authority. Jay is also available to
provide background information on any Town matters, where appropriate.
Where appropriate and after consultation with the Town and with the Town's consent, we
will delegate work to associate attorneys, paralegals and law clerks in order to keep the costs as
low as reasonably possible. Time spent by others at the firm on the Town's water matters will be
billed only to the extent their work on the matter is in support of or in addition to, and not
duplicative of, any work performed by Richard or Jay. Additionally, as we discussed, we will
continue to coordinate all work among Richard and Jay to assure that there is no unnecessary
duplication of effort. When non - chargeable time is spent on a matter, the time will be indicated
as "No Charge" on the monthly itemized bill.
Our hourly rates are listed on the fee schedule attached. We typically review and adjust
the hourly billing rates on an annual basis, and we will advise the Town in writing of any
changes in our billing rates before undertaking any work at rates different from those described
herein. Our monthly bills will indicate the hourly charges by attorney or other staff member, as
well as any additional fees or out -of- pocket expenses incurred in connection with your legal
services. Mileage is presently billed at 56¢ per mile, color photocopies are billed at 50¢,
photocopies are billed at 10¢ per page, and faxes are billed at 25¢ per page. Payment is due
within 30 days and it is our firm's policy to charge interest at a rate of 1% per month on any
principal balance that is not paid within 30 days.
We will use our best efforts in representing the Town in connection with its water
matters, but make no promises or guarantees regarding the outcome of the subject matter for
which we are retained. Our comments regarding the probable outcome of any matter are mere
expressions of opinion. We also cannot guarantee that any case or controversy involving court
action or administrative proceedings will be resolved within a specific time frame because the
time table for resolving such matters by a court or agency is often beyond our control. The
Town, in turn, agrees to provide us on a timely basis with all data, documents or other
information in its possession relating to the matters within the scope of our representation so that
we can be fully - informed. The Town has the right to terminate the engagement of our firm at
00099794 -2
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Virginia Egger, Town Manager
March 3, 2015
Page 3
any time. We reserve the right to do the same within ethical constraints and so long as we give
the Town adequate notice of such termination.
If the policies, terms and conditions of this proposal for legal services are acceptable,
please sign and return a copy of this letter to me, while retaining a copy for the Town's records.
We look forward to the continued opportunity to work with you and the Town Council. If you
have any questions or need additional information, please call.
Sincerely yours,
MOSES, WITTEMYER, HARRISON AND
WOODRUFF, P.C.
Richard J. Me en
The foregoing is accepted as the terms of engagement of Moses, Wittemyer, Harrison and
Woodruff, P.C. to represent the Town of Avon regarding the specific matters described herein.
Dated: N%ox cLL `s) ,
TOWN F AVON
By:
r Jennie Francher
RJM:ADB
Enclosures
Cc: Eric Heil
00099794 -2
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
LAW OFFICES
This is to advise that effective January 1, 2015 our hourly rates for professional services rendered
will be as follows:
David L. Harrison $275.00 per hour
James R. Montgomery $270.00 per hour
Timothy J. Beaton $260.00 per hour
Richard J. Mehren $240.00 per hour
Carolyn R. Steffl $215.00 per hour
Jennifer M. DiLalla $205.00 per hour
Andrea A. Kehrl $190.00 per hour
Alison D. Gorsevski $175.00 per hour
Anne D. Bensard $170.00 per hour
Paralegal $ 90.00 per hour
Senior Law Clerks $ 85.00 per hour
Interest at the rate of 1.0% per month accrues on amounts not paid within 30 days of billing.
The firm reserves the right to charge on other than an hourly rate basis, or to charge a fee in
addition to hourly rates, for work involving special risks, effort or time constraints including,
without limitation, opinions relating to title, bonds and similar matters.
00058374 -6
1002 WALNUT STREET, SUITE 300
RAPHAEL J. MOSES
TIMOTHY J. BEATON
BOULDER, COLORADO 80302
(1913-2011)
RICHARD J. MEHREN
CHARLES N. WOODRUFF
CAROLYN R. STEFFL
TELEPHONE: (303)443 -8782
(1941 -1996)
JENNIFER M. DILALLA
FAX: (303)443 -8796
INTERNET: WWW.MWhw.COM
COUNSEL
JOHN WITTEMYER
ANNE D. BENSARD
ADDRESS CORRESPONDENCE TO:
DAVID L. HARRISON
ALISON D. GORSEVSKI
P. 0. BOX 1440
JAMES R. MONTGOMERY
ANDREA A. KEHRL
BOULDER, COLORADO 80306 -1440
This is to advise that effective January 1, 2015 our hourly rates for professional services rendered
will be as follows:
David L. Harrison $275.00 per hour
James R. Montgomery $270.00 per hour
Timothy J. Beaton $260.00 per hour
Richard J. Mehren $240.00 per hour
Carolyn R. Steffl $215.00 per hour
Jennifer M. DiLalla $205.00 per hour
Andrea A. Kehrl $190.00 per hour
Alison D. Gorsevski $175.00 per hour
Anne D. Bensard $170.00 per hour
Paralegal $ 90.00 per hour
Senior Law Clerks $ 85.00 per hour
Interest at the rate of 1.0% per month accrues on amounts not paid within 30 days of billing.
The firm reserves the right to charge on other than an hourly rate basis, or to charge a fee in
addition to hourly rates, for work involving special risks, effort or time constraints including,
without limitation, opinions relating to title, bonds and similar matters.
00058374 -6