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URA Res. No. 2008-03AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 08-03 SERIES OF 2008 APPOINTING THE LAW FIRM OF WIDNER, MICHOW & COX, LLP., AS GENERAL COUNSEL FOR THE AUTHORITY WHEREAS, the Avon Urban Renewal Authority (the "Authority") is a duly organized body corporate and politic under and by virtue of the laws of the State of Colorado including the Urban Renewal Law, constituting Part 1 of Article 25 of Title 31, Colorado Revised Statutes ("C.R.S."); and WHEREAS, the Board of Commissioners of the Authority (the "Board") is authorized by C.R.S. §31-25-104(2)(c) to call upon the municipal counsel for such legal services as it may require; and WHEREAS, Article III, Section 9 of the Bylaws of the Avon Urban Renewal Authority provides that the Board may retain attorneys as it may deem proper; and WHEREAS, the Town Council of the Town of Avon appointed Mr. Eric Heil of the law firm of Widner, Michow & Cox, LLP., as the Town Attorney and approved the Agreement for Legal Services with Widner Michow & Cox, LLP. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: 1. The Board hereby appoints Widner, Michow & Cox, LLP., to serve as General Counsel to the Authority upon the terms, conditions, and provisions as set forth in the Agreement for Legal Services attached as Exhibit A. [REMAINDER OF THIS PAGE INTENTIONALL Y LEFT BLANK] ADOPTED this 9th day of September, 2008. BEN • ~_`k b AVON URBAN RENEWAL AUTHORITY ~AL Brian Sipes, Vice Chairman ATTEST: atty cKenn thority Clerk 2 CERTIFIED BY: STATE OF COLORADO COUNTY OF EAGLE AVON URBAN RENEWAL AUTHORITY ) SS. I, Patty McKenny, the duly qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town"), acting as the Authority Clerk of the Avon Urban Renewal Authority (the "Authority") do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of a resolution (the "Resolution") concerning the appointment of general counsel for the Authority, adopted by the Board of Commissioners (the "Board") of the Authority, at a regular meeting of the Board held at the Town Municipal Building on September 9, 2008. 2. The Resolution was adopted at an open, regular meeting of the Board on Tuesday, September 9, 2008 by an affirmative vote of the members of the Board as follows: Name "Yes" "No" Absent Ronald Wolfe ✓ Brian Sipes V Richard Carroll Dave Dantas v Kristi Ferraro ✓ Amy Phillips rTamra Nottingham Underwood v 3. The Resolution has been signed by the Chairman of the Board, sealed with the corporate seal of the Authority, attested by the Secretary, certified by me as Authority Clerk, and duly recorded in the books of the Authority; and that the same remains of record in the book of records of the Authority. 4. Notice of the regular meeting of September 9, 2008, in the form attached hereto as Exhibit 1, was posted in a public place within the boundaries of the Authority no less than twenty-four hours prior to such meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Authority this 9-~t day of September, 2008. K C~ Authorit lerk EXHIBIT A Agreement for Legal Services A-1 AGREEMENT FOR LEGAL SERVICES 1. Parties. This is a contract for legal services between the law firm of Widner Michow & Cox LLP, a limited liability partnership, (the "Law Firm") and the Avon Urban Renewal Authority of the Town of Avon, Colorado (the "Client" or "AURA"). 2. Scope of Legal Services. Unless otherwise agreed by the Client, the Law Firm shall be devoted to representation of Colorado local governments and shall devote its resources toward the provision of services that are of most benefit to the day-to-day and special needs of Colorado local governments. The Law Firm shall provide legal services to the Avon Urban Renewal Authority ("Authority"). Mr. Eric Heil shall serve as general counsel for the Authority and shall serve as the principal attorney for the Law Firm to represent and advise the Authority. 3. Compensation. The Client shall pay the Law Firm compensation for services rendered. For legal services performed by Eric Heil, compensation will be based upon an hourly rate of $175.00 per hour through 2008. For legal services provided by Robert Widner, Linda Michow, Maureen Herr Juran, or Tim Cox, compensation will be based upon an hourly rate of $190.00 per hour through 2008. For legal services provided by Mary Conboy, compensation will be based upon an hourly rate of $150.00 per hour through 2008. The Firm customarily increases rates annually to correspond to increases in the local consumer price index. The Client will be notified in writing of rate increases prior to implementation. 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; a description of such fees is set forth in Attachment A. 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 Authority. Mileage shall be charged at the Law Firm's standard mileage rate. B. Travel Time. Travel time to the Town of Avon shall be billed at one-half the total actual time for round trip travel for the first three trips of each month. Additional travel to Avon during any one-month period shall be billed at the total actual time for round trip travel. Travel time for trips in the Denver Metro area related to representation of the Authority shall be billed at one-half the total actual time for such trips. C. Estimated Charges. The Law Firm may give the Client an estimate of the anticipated total cost of the 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. D. 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 proper 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 a late payment charge of 1-1/2% per month (18% per year). 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. 4. Client. It is understood that the Client, for purposes of this representation, is the Authority and not any of its individual officers, directors, employees, or agents unless expressly stated in this Agreement. Although the Law Firm will take direction from the Board of Commissioners or the Executive Director of the Authority, the Law Firm and Client recognize that the Board of Commissioners of the Authority is the authorizing entity for purposes of compensation increases or other amendments to this Agreement. The Client grants to the Law Firm the power to execute approved documents connected with the representation of the Client, including pleadings, applications, protests, contracts, commercial papers, settlement agreements and releases, dismissals, orders and all other documents and to represent the Client in matters associated with providing legal services to the Client. 5. 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. If the Client discharges the Law Firm, the Client shall pay all fees and costs incurred to the date of termination, and promptly following such payment, the Law Firm shall deliver all files and documents of the Client to the Client. 6. 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. 7. 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. The Firm may, from time to time, relinquish the files on closed and completed matters to the Client for the Client's disposition, storage, or destruction of the file. 8. Privacy Policy. As set forth in Attachment B, the Law Firm has adopted a privacy policy applicable to its representation of the Client. Signature. THE LAW FIRM AND THE CLIENT HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO IT. WIDNER MICHOW & COX LLP By: Date: Linda C. Michow AVON URBAN RENEWAL AUTHORITY, TO N,COLORADO BB an Sipes, Vice Chairman Date: 9 / 9 102 ATTEST: rry Br9qW, S-eeretary Date: (4 / 9 I Cif CERTIFIED: By: 2, 3 ac 1-T P tty McKenn(A5thority Clerk Date: 9/9100 ATTACHMENT A SCHEDULE OF COSTS 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. 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. Copying: Document copying charges are $.20 per page for copying done both within the Firm and outside the Firm. Color Printer: Documents printed in-house using the Firm's color printer will be charged at $.75 per page. Deliveries: Items delivered by commercial messenger service are billed at the actual rate charged by the service. 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. Mileage: Mileage is charged at a rate of 44.5¢ 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. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services. ATTACHMENT B PRIVACY POLICY NOTICE Attorneys, like other professionals, who advise on certain personal matters, are now required by a new federal law to inform their clients of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore, please understand that your privacy is important to us and we have always protected your right to privacy. Maintaining your trust and confidence is a high priority to this law firm. The purpose of this notice is to comply with the new law by explaining our longstanding privacy policy with respect to your personal information. NONPUBLIC PERSONAL INFORMATION WE COLLECT: In the course of providing our clients with financial advisory activities, including estate planning, tax planning and tax preparation services (including income tax, estate tax, and gift tax advice), collecting overdue accounts receivable, and providing real estate settlement services, we collect personal and financial information about our clients that is not available to the public and which is provided to us by our clients or obtained by us with their authorization or consent. PRIVACY POLICY: As a current or former client of Widner Michow & Cox LLP, rest assured that all nonpublic personal information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as is permitted or required by law and applicable ethics rules. CONFIDENTIALITY AND SECURITY: We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. We restrict access to nonpublic, personal information about you to those people in the firm who need to know that information to provide services to you (and their support personnel). In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards as well as federal regulations. Please call the attorney you work with if you have any questions. Your privacy, our professional ethics, and the ability to provide you with quality service are very important to us. EXHIBIT I (Attach Notice of Meeting) TOWN OF AVON, COLORADO URBAN RENEWAL AUTHORITY MEETING FOR TUESDAY, SEPTEMBER 9, 2008 VON MEETING BEGINS AT 3 PM C o L o a o 0 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Presiding Officials CHAIRMAN RON WOLFE VICE CHAIRMAN BRIAN SIPES COMMISSIONERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO, AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD STAFF EXECUTIVE DIRECTOR / SECRETARY: LARRY BROOKS TREASURER: SCOTT WRIGHT AUTHORITY CLERK: PATTY MCKENNY ALL URBAN RENEWAL MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. JOINT MEETING WITH PLANNING AND ZONING COMMISSION TO DISCUSS COMMUNITY REVITALIZATION STRATEGIES (Anne Ricker, Leland Consulting) Facilitation of two work sessions with the URA Commissioners / Town Council and Planning and Zoning Commission to develop a strategy for assisting private enterprise with development and redevelopment. 4. CONSENT AGENDA a. Minutes from August 26, 2008 b. Resolution No. 08-03, Series of 2008, Resolution Appointing Eric James Heil as the Urban Renewal Authority Attorney and Approving the Agreement for Legal Services with Widner, Michow & Cox, LLP 5. ADJOURNMENT AT 4 PM Avon Council Meeting. 08.09.09 Page 2 of 5 MEMO TO: CHAIRMAN & COMMISSIONERS OF THE UR41RIENE7L UTH ORITY THROUGH: LARRY BROOKS, EXECUTIVE DIRECTOR FROM: PATTY MCKENNY, AUTHORITY CLERK DATE: SEPTEMBER 4, 2008 RE: URBAN RENEWAL AUTHORITY RESOLUTION NO. 08-03, APPOINTING GENERAL LEGAL COUNSEL SUMMARY: Attached is URA Resolution No. 08-03 Resolution Appointing the Law Firm of Widner, J Michow & Cox, LLP as General Counsel for the Authority. The Agreement for Legal Services with Widner, Michow & Cox, LLP is attached for your review. After soliciting proposals for legal services and conducting interviews in July, the Town Council agreed to enter into an agreement with Widner, Michow & Cox, LLP. The Agreement was approved at the August 26th meeting of the Town Council. This resolution makes the general counsel appointment for the Authority. AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 08-03 SERIES OF 2008 APPOINTING THE LAW FIRM OF WIDNER, MICHOW & COX, LLP., AS GENERAL COUNSEL FOR THE AUTHORITY WHEREAS, the Avon Urban Renewal Authority (the "Authority") is a duly organized body corporate and politic under and by virtue of the laws of the State of Colorado including the Urban Renewal Law, constituting Part I of Article 25 of Title 31, Colorado Revised Statutes ("C.R.S."); and WHEREAS, the Board of Commissioners of the Authority (the "Board") is authorized by C.R.S. §31-25-104(2)(c) to call upon the municipal counsel for such legal services as it may require; and WHEREAS, Article III, Section 9 of the Bylaws of the Avon Urban Renewal Authority provides that the Board may retain attorneys as it may deem proper; and WHEREAS, the Town Council of the Town of Avon appointed Mr. Eric Heil of the law firm of Widner, Michow & Cox, LLP., as the Town Attorney and approved the Agreement for Legal Services with Widner Michow & Cox, LLP. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: I. The Board hereby appoints Widner, Michow & Cox, LLP., to serve as General Counsel to the Authority upon the terms, conditions, and provisions as set forth in the Agreement for Legal Services attached as Exhibit A. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] ADOPTED this 9th day of September, 2008. AVON URBAN RENEWAL AUTHORITY Brian Sipes, Vice Chairman ATTEST: Br ecretary CERTIFIED BY: .,,w^ c arty 1 cKenn , thority Clerk STATE OF COLORADO ) COUNTY OF EAGLE ) SS. AVON URBAN RENEWAL AUTHORITY ) I, Patty McKenny, the duly qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town"), acting as the Authority Clerk of the Avon Urban Renewal Authority (the "Authority") do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of a resolution (the "Resolution") concerning the appointment of general counsel for the Authority, adopted by the Board of Commissioners (the "Board") of the Authority, at a regular meeting of the Board held at the Town Municipal Building on September 9, 2008. 2. The Resolution was adopted at an open, regular meeting of the Board on Tuesday, September 9, 2008 by an affirmative vote of the members of the Board as follows: Name "Yes" "No" Absent Ronald Wolfe ✓ Brian Sipes V Richard Carroll Dave Dantas v Kristi Ferraro ✓ Amy Phillips ✓ Tamra Nottingham Underwood v 3. The Resolution has been signed by the Chairman of the Board, sealed with the corporate seal of the Authority, attested by the Secretary, certified by me as Authority Clerk, and duly recorded in the books of the Authority; and that the same remains of record in the book of records of the Authority. 4. Notice of the regular meeting of September 9, 2008, in the form attached hereto as Exhibit 1, was posted in a public place within the boundaries of the Authority no less than twenty-four hours prior to such meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Authority this Q,-0_~ day of September, 2008. ~C4_ ~ Authori Jerk EXHIBIT A Agreement for Legal Services A-1 AGREEMENT FOR LEGAL SERVICES 1. Parties. This is a contract for legal services between the law firm of Widner Michow & Cox LLP, a limited liability partnership, (the "Law Firm") and the Avon Urban Renewal Authority of the Town of Avon, Colorado (the "Client" or "AURA"): 2. Scope of Legal Services. Unless otherwise agreed by the Client, the Law Firm shall be devoted to representation of Colorado local governments and shall devote its resources toward the provision of services that are of most benefit to the day-to-day and special needs of Colorado local governments. The Law Firm shall provide legal services to the Avon Urban Renewal Authority ("Authority"). Mr. Eric Heil shall serve as general counsel for the Authority and shall serve as the principal attorney for the Law Firm to represent and advise the Authority. 3. Compensation. The Client shall pay the Law Firm compensation for services rendered. For legal services performed by Eric Heil, compensation will be based upon an hourly rate of $175.00 per hour through 2008. For legal services provided by Robert Widner, Linda Michow, Maureen Herr Juran, or Tim Cox, compensation will be based upon an hourly rate of $190.00 per hour through 2008. For legal services provided by Mary Conboy, compensation will be based upon an hourly rate of $150.00 per hour through 2008. The Firm customarily increases rates annually to correspond to increases in the local consumer price index. The Client will be notified in writing of rate increases prior to implementation. 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; a description of such fees is set forth in Attachment A. 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 Authority. Mileage shall be charged at the Law Firm's standard mileage rate. B. Travel Time. Travel time to the Town of Avon shall be billed at one-half the total actual time for round trip travel for the first three trips of each month. Additional travel to Avon during any one-month period shall be billed at the total actual time for round trip travel. Travel time for trips in the Denver Metro area related to representation of the Authority shall be billed at one-half the total actual time for such trips. C. Estimated Charges. The Law Firm may give the Client an estimate of the anticipated total cost of the 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. D. 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 proper 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 a late payment charge of 1-1/2% per month (18% per year). 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. 4. Client. It is understood that the Client, for purposes of this representation, is the Authority and not any of its individual officers, directors, employees, or agents unless expressly stated in this Agreement. Although the Law Firm will take direction from the Board of Commissioners or the Executive Director of the Authority, the Law Firm and Client recognize that the Board of Commissioners of the Authority is the authorizing entity for purposes of compensation increases or other amendments to this Agreement. The Client grants to the Law Firm the power to execute approved documents connected with the representation of the Client, including pleadings, applications, protests, contracts; commercial papers, settlement agreements and releases, dismissals, orders and all other documents and to represent the Client in matters associated with providing legal services to the Client. 5. 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. If the Client discharges the Law Firm, the Client shall pay all fees and costs incurred to the date of termination, and promptly following such payment, the Law Firm shall deliver all files and documents of the Client to the Client. 6. 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. 7. 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. The Firm may, from time to time, relinquish the files on closed and completed matters to the Client for the Client's disposition, storage, or destruction of the file. 8. Privacy Policy. As set forth in Attachment B, the Law Firm has adopted a privacy policy applicable to its representation of the Client. Signature. THE LAW FIRM AND THE CLIENT HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO IT. WIDNER MICHOW & COX LLP F 1 u .sue By:~ Ui Linda C. Micfhow Date: AVON URBAN RENEWAL AUTHORITY, TO N,COLORADO B' an Sipes, Vice Chairman Date: 919 02 ATTEST: Date: 64 / 9 I oq CERTIFIED: By: P ttY Mcl<enn , A thority Clerk Date: 9 / 9 of ATTACHMENT A SCHEDULE OF COSTS 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. 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. Copying: Document copying charges are $.20 per page for copying done both within the Firm and outside the Firm. Color Printer: Documents printed in-house using the Firm's color printer will be charged at $.75 per page. Deliveries: Items delivered by commercial messenger service are billed at the actual rate charged by the service. 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. Mileage: Mileage is charged at a rate of 44.5¢ 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. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services. ATTACHMENT B PRIVACY POLICY NOTICE Attorneys, like other professionals,. who advise on certain personal matters, are now required by a new federal law to inform their clients of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore, please understand that your privacy is important to us and we have always protected your right to privacy. Maintaining your trust and confidence is a high priority to this law firm. The purpose of this notice is to comply with the new law by explaining our longstanding privacy policy with respect to your personal information. NONPUBLIC PERSONAL INFORMATION WE COLLECT: In the course of providing our clients with financial advisory activities, including estate planning, tax planning and tax preparation services (including income tax, estate tax, and gift tax advice), collecting overdue accounts receivable, and providing real estate settlement services, we collect personal and financial information about our clients that is not available to the public and which is provided to us by our clients or obtained by us with their authorization or consent. PRIVACY POLICY: As a current or former client of Widner Michow & Cox LLP, rest assured that all nonpublic personal information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as is 'permitted or required by law and applicable ethics rules. CONFIDENTIALITY AND SECURITY: We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. We restrict access to nonpublic, personal information about you to those people in the firm who need to know that information to provide services to you (and their support personnel). In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards as well as federal regulations. Please call the attorney you work with if you have any questions. Your privacy, our professional ethics, and the ability to provide you with quality service are very important to us. EXHIBIT 1 (Attach Notice of Meeting) TOWN OF AVON, COLORADO URBAN RENEWAL AUTHORITY MEETING FOR TUESDAY, SEPTEMBER 9, 2008 AVON MEETING BEGINS AT 3 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Presiding Officials CHAIRMAN RON WOLFE VICE CHAIRMAN BRIAN SIPES COMMISSIONERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO, AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD STAFF EXECUTIVE DIRECTOR / SECRETARY: LARRY BROOKS TREASURER: SCOTT WRIGHT AUTHORITY CLERK: PATTY MCKENNY ALL URBAN RENEWAL MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. JOINT MEETING WITH PLANNING AND ZONING COMMISSION TO DISCUSS COMMUNITY REVITALIZATION STRATEGIES (Anne Ricker, Leland Consulting) Facilitation of two work sessions with the URA Commissioners / Town Council and Planning and Zoning Commission to develop a strategy for assisting private enterprise with development and redevelopment. 4. CONSENT AGENDA a. Minutes from August 26, 2008 b. Resolution No. 08-03, Series of 2008, Resolution Appointing Eric James Heil as the Urban Renewal Authority Attorney and Approving the Agreement for Legal Services with Widner, Michow & Cox, LLP 5. ADJOURNMENT AT 4 PM Avon Council Meeting.08.09.09 Page 2 of 5 M Iw lIr`'IY-' I WIDNER MICHOW & COX- A- TO FN EY S NT L AVV September 15, 2008 Ms. Patty McKenny Director Administrative Services PO Box 975 400 Benchmark Rd Avon, CO 81620 Re: Agreement for Legal Services Please find enclosed one (1) original document, which has been signed and executed by Widner Michow & Cox LLP. We have retained a copy for our files. If you have any questions, please contact me at 303-754-3392. The Firm is proud to serve the Town of Avon as General Counsel for the Urban Renewal Authority and we look forward to handling your planning and legal services. Sincerely Eric J. Heil General Counsel for Urban Renewal Authority Town of Avon Enclosure 12 303 Easi Euclid D! I Sui1c 230 1 Ce t--al- CO 90111 1 1e1 303.,5'1. 3399 Fa>: 303.?S4-3995 u'~i,.c.widrrTSn icho~+.com