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10-16-2019 Agreement for Legal Services of Client Attorney Elizabeth Pierce-DuranceAGREEMENT FOR LEGAL SERVICES OF CLIENT ATTORNEY Parties. This is a contract for legal services between the law firm of Elizabeth Pierce -Durance, LLC, (the "Law Firm") and the Town of Avon ("Client"). 2. Scope of Legal Services. As directed by the Client, the Law Firm shall provide prosecutorial services to the Client, which shall include assessing and prosecuting criminal and civil cases brought before the Avon Municipal Court and providing all necessary ancillary services thereto, as well as providing such other legal services as may be requested by the Town Council or the Town Attorney. Elizabeth Pierce -Durance shall serve as the principal attorney providing the services. 3. License and Malpractice Insurance. The Law Firm agrees to maintain at all times its license to practice law in the State of Colorado. Law Firm shall promptly inform Client if there is any change in the good standing status of the license to practice law in the State of Colorado. Law Firm shall maintain professional malpractice insurance in the minimum amount of five hundred thousand dollars ($500,000.00) per occurrence in a form and with such terms as are acceptable to the Client. 4. Compensation. The Client shall pay the Law Firm compensation for services rendered in the amount of $150/hour. A. Costs. The Client shall compensate the Law Firm for out-of-pocket fees and costs incurred on the Client's behalf, including but not limited to filing fees, service of process, expert witness fees, court reporter fees, transcript fees, messenger fees, computer research, recording fees, title company fees. Such fees will be billed to the Client at the Law Firm's cost without mark-up. The Client shall compensate the Law Firm for mileage expenses for personal use of private vehicles used by the Law Firm's attorneys incurred in the direct and exclusive performance of services for the Client. Mileage shall be charged at the reimbursement rate set by the Internal Revenue Service. B. Estimated Charges. The Law Firm may give the Client an estimate of the anticipated total cost of a particular matter. The actual charges may vary from the estimate due to unforeseen complexities or difficulties. The estimate is not firm and is not binding on either the Client or the Law Firm. C. Billing; Payment; Late Payment Charge. The Law Firm shall provide to the Client a detailed invoice for all legal services on a monthly basis. Such billings shall separate work and fees associated with specific projects for which the Client accounts separately. The Client shall pay all billings from the Law Firm within thirty (30) days of receipt of invoice. Any amounts not paid within thirty (30) days of the date of the bill shall be subject to interest at the rate of 1-1/2% per month (18% per year, compounded monthly). If the Client fails to pay any charges within 30 days of the date of the bill the Law Firm may elect to stop all work for the Client. The Client's obligation to make prompt payment of all charges does not depend upon achievement of any specific result. 5. Client. The Client grants to the Law Firm the power to execute documents connected with prosecutorial services, including pleadings and settlement documents. The Law Firm shall be authorized to represent the Client in all matters appearing before the Avon Municipal Court, including appeals taken from that court into any other. 6. Term and Termination. This Agreement shall be effective upon approval by the Client and Law Firm and shall terminate upon written notice by either party. Termination by either party may occur at any time without cause or reason. The Law Firm shall use best efforts to provide a minimum of thirty (30) days notice of termination of representation of the Client. If the Client discharges the Law Firm, the Client shall pay all fees and costs incurred to the date of termination, and the Law Firm shall promptly deliver all files and documents of the Client to the Client. 7. Arbitration. Although the parties do not expect that any dispute between them will arise, in the unlikely event of any dispute under this Agreement, including a dispute regarding the amount of legal fees or costs owed to the Law Firm or the quality of the Law Firm's services, including any claim of malpractice, such dispute shall be subject to binding arbitration. The Client and Law Firm acknowledge that they are waiving their right to seek remedies in court, including the right to a jury trial. (This clause does not prevent the Client and the Law Firm from trying to resolve any dispute through voluntary mediation, but there is no requirement to do so.) Any dispute concerning fees or costs shall be submitted to the Legal Fee Arbitration Committee of the Denver Bar Association and the decision of the Committee shall be final and binding on both parties. Any dispute concerning the quality of the Law Firm's services, including malpractice claims, shall be submitted to a single arbitrator and the decision of the arbitrator shall be final and binding on both parties. A final judgment can be entered on the arbitration award by a court of competent jurisdiction. The arbitrator shall be selected from the Judicial Arbiter Group, Denver, Colorado unless the parties agree otherwise. If the parties do not agree on the selection of a single arbitrator within ten days after a demand for arbitration is made, then the arbitrator shall be selected by the Judicial Arbiter Group from among its available professionals. All arbitrations shall be held in Denver, Colorado unless the parties mutually agree on some other location. All arbitrations shall proceed under the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement, unless otherwise agreed by the parties. The arbitrator shall have the discretion to order that the costs of arbitration, fees (including expert witness and reasonable attorney fees), and other costs shall be borne by the losing party. Any filing fees or other administrative costs of arbitration shall be divided equally between the Client and the Law Firm. Arbitration of all disputes, and the outcome of the arbitration, shall remain confidential between the parties. 8. Document Retention. Files maintained by the Law Firm as the result of performance of services for the Client pursuant to this Agreement shall be the property of the Client, and upon termination of this Agreement, shall be delivered to the Client. 9. Of Counsel Relationship. The Law Firm intends to enter into a limited "Of Counsel" relationship with local law firm Causey & Howard, LLC, which relationship will specifically exclude work done for Client. Causey & Howard, LLC, has provided Client with a letter establishing its current lack of conflict with the Town of Avon and its intention not to represent clients adverse to the Town of Avon. THE LAW FIRM AND THE CLIENT HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO IT. Elizabeth Pierce -Durance LLC By: _!�! Date: — Wh(, iq Town of Avon, Colorado �d By: