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TC Resolution 21-22 Appointing Kark Hanlon as the Interim Town Attorney and Approving the Retainer Agreement for Legal Services with Karp New HanlonA Avon C O L O R A 0 0 RESOLUTION 21-22 APPOINTING KARL HANLON AS THE INTERIM TOWN ATTORNEY AND APPROVING THE RETAINER AGREEMENT FOR LEGAL SERVICES WITH KARP NEU HANLON WHEREAS, the Home Rule Charter of the Town of Avon states in Chapter X, Section 10.1, that the Council shall appoint a Town Attorney to serve at the pleasure of Council, who shall be admitted to practice in Colorado and shall have been in active practice at least five years prior to appointment; and WHEREAS, the Town of Avon previously solicited proposals for legal services, received a proposal from Karp Neu Hanlon and interviewed Karp Neu Hanlon; and WHEREAS, the Town Council of the Town of Avon desires to appoint Karl Hanlon to serve as the Town Attorney and desires to retain the law firm of Karp Neu Hanlon; and WHEREAS, the Town Council desires to promote an efficient transition in the office of the Town Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON: 1. The Town Council hereby appoints Karl Hanlon to serve as the Interim Town Attorney effective September 29, 2021. 2. The Town Council hereby approves the Retainer Agreement for legal services with Karp Neu Hanlon attached hereto as Exhibit A and authorizes the Mayor and Town Clerk to execute the Agreement for Legal Services. ADOPTED on September 28, 2021. AVON TOWN COUNCIL `OWN 0 Fq(i0 0 By: 1 Attest•`r., Sarah Smith Hymes, M y r . Brenda Torres, Town Cle E A Exhibit A: Retainer Agreement for Legal Services with Karp Neu Hanlon Res 21-22 Appointing Karl Hanlon Interim Town Attorney September 28, 2021 Page I of 1 EXHIBIT A: Retainer Agreement KarpMeuManionpcAo www.mountainlawfirm.com Glenwood Shrines — kfain Office 201 14' Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 September 24, 2021 Armen 323 W. Main Street Suite 301 Aspen, CO 81611 Sent via e-mail Town of Avon Mayor and Council c/o Eric Heil, Town Manager 100 Mikaela Way, P.O. Box 975 Avon, CO 81620 eheil(cl�,avon.org Re: Engagement Agreement Dear Mayor and Council: Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402 Karl J. Hanlon Partner/Shareholder kingmountainlawfirm. corn Office: (970) 945-2261 Direct: (970) 928-2125 Fax: (970) 945-7336 Direct Mail to Glenwood Shrines We are very pleased to be selected to represent the Town of Avon (the "Town") for general legal services. In the event you request additional representation, and we agree to provide such services, the terms and conditions of this engagement agreement shall apply to those additional services at our then current hourly rates. In accordance with our regular practice and as required by the Rules of Professional Conduct, before or shortly after commencing representation of a new client, we want to make certain that you know how we determine our fees and how we intend to handle your matter in our office. Services to be Provided. Karl Hanlon shall be the attorney with primary responsibility for handling the Town's matters. However, other attorneys, law clerks, paralegals, and secretaries may work on the matter from time to time to provide you with the services required in a cost- effective manner. All work by non -lawyer personnel will be supervised by an attorney. We will be rendering legal services only to the Town and to no other person or entity in connection with our work. As long as our advice to the Town is kept confidential, the attorney - client privilege and confidential relationship between us will not be inadvertently waived. Fees for Services Provided. The amount of our fees for our services will be based on a number of factors but primarily the amount of time spent on the matter. Billing rates are assigned to each attorney and paralegal based upon skill and experience. A copy of the firm's current Municipal Hourly Rate and Expense Chart is enclosed (Enclosure A). For clients that require reimbursement of legal fees for land use or other matters we typically set slightly higher reimbursement rates (Enclosure B). You have asked and we have agreed to bill travel time at 50% of our hourly rate. EXHIBIT A: Retainer Agreement Karp_Neu.Hanlon Engagement Letter Page 2 These rates are changed occasionally to reflect changes in experience of our personnel and inflation however rates will not be changed with less than 90 days' notice to you. When preparing any billing statement, we consider all the factors set forth in Rule 1.5 of the Colorado Rules of Professional Conduct adopted by the Colorado Supreme Court, a copy of which is also attached (Enclosure Q. While we may, from time to time, furnish you with estimates of the amount of fees which we anticipate will be charged for services to be performed under this agreement, such estimates are by their nature inexact and cannot be binding on either of us. Therefore, absent a specific written agreement, any estimates made by us are for planning purposes only and are in all respects subordinate to our regular billing procedures. Client Relationship. The firm will be representing the Town as its client. As with any entity representation, from time to time the client representative may be either the Council or a member of staff. For most matters, the primary point of contact will be the Town Manager unless directed otherwise by the Council. We also anticipate providing regular monthly updates to the Council on our activities on the Town's behalf. Additionally, we are always available to answer questions by Council members either in person, on the telephone, or via email. Disbursements. In addition to the fees described above, we shall be reimbursed for all out-of-pocket disbursements incurred in connection with any legal services performed. Included in this category are filing and recording fees, court and deposition reporter fees, travel expenses, Westlaw fees and similar charges. These standard costs are identified on the enclosed Hourly Rate and Expense Chart. Billing and Payment. Our office bills clients on or about the last day of the month. We send monthly statements to you which will include charges for legal fees for the services performed, as well as for disbursements incurred during the statement period. Payment is due upon receipt of our invoice, but no later than thirty (30) days after a statement is sent understanding that the Council needs to approve payments at regular meetings. Payments not received within sixty (60) days will accrue interest at the rate of 1.5% per month (18% A.P.R.). Work Product. In accordance with the Colorado Rules of Professional Responsibility, Karp Neu Hanlon, P.C. will retain our work product produced on your behalf for a reasonable period of time after the completion of representation. Karp Neu Hanlon, P.C. reserves the right, in our sole discretion, to store our work product either in a paper or electronic format. In the event that our work product is stored in an electronic format, paper documents may be destroyed. Termination of Services. You have the right at any time to terminate our services upon written notice, and we shall immediately, after receiving such notice, cease to render additional services. If you elect to exercise such right, we shall cooperate with you in facilitating the orderly transfer of your files and records to you or your new attorneys, upon payment in full of any balance owning to us. Such termination will not, however, relieve you of the obligation to pay the fees due for services rendered and disbursements incurred prior to such termination and as a result of a EXHIBIT A: Retainer Agreement Karp.Neu.Hanl{on- Engagement Letter Page 3 transition. If this engagement agreement is terminated by the client or the firm, the firm shall seek an order from the court allowing withdrawal from any pending cases. In the event the agreement is terminated by the firm for reasons other than cause the firm shall provide a minimum of 60 days notice. I believe that the foregoing covers the essential elements of our engagement. If you wish to discuss these or any other aspects of our representation, I would be pleased to do so. If you have questions about a particular fee statement or any other aspects of our services for you in the future, please bring these to my attention since it is our belief that communication can solve most problems. We look forward to a successful and satisfying relationship with you! Because this letter sets forth the basis on which we will represent you, please execute the enclosed copy of this letter and return it to me. Very truly yours, KARP NEU HANLON, P.C. rl J. Hanlon AGREED AND ACCEPTED: TOWN OF AVON Aix Sara Smith Hymes, Mayor Date KJH:app Enclosures: Municipal Hourly Rate and Expense Chart Reimbursable Hourly Rate and Expense Chart Rule 1.5, C.R.P.0