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10-02-2014 Revised Agreement for Legal ServicesMOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. LAW OFFICES October 2, 2014 Town of Avon c/o Virginia Egger, Town Manager P. O. Box 975 Avon, CO 81620 Re: Revised Agreement for Legal Services, Town of Avon Dear Virginia: BY EMAIL 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, including pending Case No. 14CW3022 (Nottingham Reservoir) and Case No. 14CW3079 (RICD). 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 00089096 -3 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) FAX: (303)443-8796 INTERNET: www.mivhw.com COUNSEL ANNE D. BENSARD JOHN WITTEMYER JENNIFER M. DILALLA ADDRESS CORRESPONDENCE TO: DAVID L. HARRISON ALISON D. GORSEVSKI P. 0. BOX 1440 JAMES R. MONTGOMERY ANDREA A. KEHRL BOULDER, COLORADO 80306 -1440 October 2, 2014 Town of Avon c/o Virginia Egger, Town Manager P. O. Box 975 Avon, CO 81620 Re: Revised Agreement for Legal Services, Town of Avon Dear Virginia: BY EMAIL 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, including pending Case No. 14CW3022 (Nottingham Reservoir) and Case No. 14CW3079 (RICD). 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 00089096 -3 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Town of Avon October 2, 2014 Page 2 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 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, the responsible attorney 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 will be Richard Mehren with support from Anne Bensard. Richard and Anne will also assist with the creation of the "water bank" with assistance where appropriate from Jay Montgomery, who is of- counsel to the firm and has represented the Town since 2007. Jay will continue at least through 2015 to be primarily responsible for matters involving implementation of, changes to, or re- negotiation of, the various agreements with the Upper Eagle Authority and matters related to the Traer Creek settlement, such as the water rights for Nottingham Reservoir. Jay is also available to provide background information on any Town matters, where appropriate. If, after consultation, with you and /or the Town Attorney, we determine that all or part of a particular matter will be most efficiently handled by Jay, his time will be billed to the Town at his current hourly billing rate. We will review Jay's involvement annually. 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 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, Anne 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. 00089096 -3 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Town of Avon October 2, 2014 Page 3 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 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. , 'GCAas �. MM4, -, Richard J. ehren Anne D. Bensard James R. Montgomery 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. 1WE "=1-3- Klmlfmfi�62= N TOWN OF AVON By: Mayor Rich Carroll RJM:ADB Enclosures 00089096 -3 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. LAW OFFICES This is to advise that effective January 1, 2014 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 $235.00 per hour Carolyn R. Steffl $210.00 per hour Jennifer M. DiLalla $195.00 per hour Andrea A. Kehrl $185.00 per hour Alison D. Gorsevski $165.00 per hour Anne D. Bensard $165.00 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 -4 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) FAX: (303)443-8796 INTERNET: www.mwhw.com COUNSEL ANNE D. BENSARD JOHN WITTEMYER JENNIFER M. DILALLA ADDRESS CORRESPONDENCE TO: DAVID L. HARRISON ALISON D. GORSEVSKI P. O. BOX 1440 JAMES R. MONTGOMERY ANDREA A. KEHRL BOULDER, COLORADO 80306 -1440 This is to advise that effective January 1, 2014 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 $235.00 per hour Carolyn R. Steffl $210.00 per hour Jennifer M. DiLalla $195.00 per hour Andrea A. Kehrl $185.00 per hour Alison D. Gorsevski $165.00 per hour Anne D. Bensard $165.00 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 -4