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01-25-2005 MURRAY DAHL KUECHENMEISTER RENAUD LLP CONTRACT FOR LEGAL SERVICESMURRAY (DAHL KUECHENMEISTER RENAUD LLP January 25, 2005 John Dunn Town of Avon 400 Benchmark Road Box 475 Avon, Colorado 81620 Re: Town of Avon Annexation and Development Agreement Dear John: ■ Malcolm M. Murray Since I have moved from Gorsuch Kirgis, it is necessary that my new law firm obtain a signed fee agreement. Therefore, enclosed is the Attorney Engagement Agreement with Murray Dahl Kuechenmeister & Renaud LLP. I would appreciate your obtaining the appropriate signature from The Town of Avon and returning a signed original to my office. Thank you for your assistance in this matter. If you have any questions or further information is needed, please do not hesitate to contact me. Respectfully yours, Murray Dahl Kuechenmeister & Renaud LLP Malcolm M. Murray Enclosures 2403 15th Street Suite 200 Denver, Colorado 80202 Main 303.493.6670 Fax 303.477.0965 Direct 303.493.6677 mmurravia-mdkrlaw.com CONTRACT FOR LEGAL SERVICES THIS AGREEMENT is made this day of 2005, by and between MURRAY DAHL KUECHENMEISTER & RENAUD LLP (the "Firm") and the TOWN OF AVON (the "TOWN"). RECITALS 1. The Town is desirous of contracting with the Firm for legal services. 2. The Finn and its attorneys are authorized to practice law in the State of Colorado. AGREEMENT 1. The Firm shall provide special legal services to the Town as follows: • Advise the Town on land use and development matters as requested by the Town Attorney. • Represent the Town in litigation matters as directed by the Town Attorney. • Other services upon request of the Town Attorney. 2. Malcolm M. Murray of the Firm shall be principally responsible for the Services. 3. The Firm is acting as an independent contractor; therefore, the Town will not be responsible for FICA taxes, health or life insurance, vacation, or other employment benefits. 4. The Town shall pay for the Services at the hourly rate not to exceed $200 per hour. The Town shall pay for appraisal and consultant services in amounts billed to the Firm. The Firm will issue a detailed, itemized invoice each month, and the Town will pay each invoice within 30 days after receipt. Expenses (copying, long distance telephone, mileage,-etc.) will be charged at the rates set forth on the attached Schedule of Costs. Current rates may be changed upon the express approval of both parties, in advance, without amendment of this Agreement. 5. This Contract may be terminated by the Town with or without cause. 6. The parties intend that this Agreement shall be substituted for the various agreements executed by and between the Town and Gorsuch Kirgis LLP (the `Gorsuch Kirgis Agreement") and that all services rendered, payments made, and invoices received pursuant to the Gorsuch Kirgis Agreement shall be deemed to have been pursuant to this Agreement. The Gorsuch Kirgis Agreement is hereby voided and of no effect. MURRAY DAHL KUECHENMEISTER & By: RENAUD LLP EXHIBIT 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. 2. 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. 3. Copying and Scanning: Document scanning and copying charges are $.20 per page for services performed within the Firm. Copying, collating, binding, and scanning performed outside the Firm shall be charged at actual cost. The decision to use outside scanning, copying, collating and binding services shall be made on a case-by-case basis as the circumstances require. 4. Color Printer: Documents printed in-house using the Firm's color printer will be charged at $.25 per page. 5. Deliveries: Items delivered by commercial messenger service are billed at the actual rate charged by the service. 6. 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. 7. Mileage: Mileage is charged at a rate of $375 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. 8. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services.