09-17-2008 AGREEMENT FOR CONTINUING LEGAL SERVICES WITH JOHN DUNNLAW OFFICES OF
DUNN KEYES GELMAN & PUMMELL, LLC
COMMUNITY BANK CENTER SUITE 206
70 QENCILNIARK ROAD
POST OFFICE BOX 7717
AVON,COLORAIX)
81620
(970) 748-6400
jdunnlu jwdunnlaw.com
September 17, 2008
Larry Brooks, Town Manager
Town of Avon
P.O. Box 975
Avon CO 81620
Re: Agreement for Legal Services
Dear Larry:
This letter will set forth the basis of my continuing relationship with the
Town in providing legal consultation.
Legal services provided by this agreement shall include only such work as
requested or directed by the Town Council, Town Manager or successor Town Attorney.
Work performed for the Town will be based upon the hourly rates shown on the attached
schedule. We reserve the right to increase our fees from time to time but will provide you
with notice at least thirty days prior to the effective date of such fee increase. Town
reserves the right to terminate this agreement for legal services at any time and shall be
liable only for fees and costs incurred prior to such termination.
The Town will be charged for all time spent by attorneys and legal
assistants in the representation of its interests. In addition to our fees, the Town will be
expected to pay all costs incurred by us on your behalf. Such costs will include long
distance telephone calls, photocopying, telecopying, postage, courier fees, overnight
delivery fees, and, where applicable, fees for online legal research. We agree not to incur
any single cost in the Town's behalf in excess of 5350.00 without your prior consent.
The Town will be billed each month for current charges (both fees and
costs) and the bill is due and payable upon receipt.. A FINANCE CHARGE of 1 1/2%
per month (18% ANNUAL PERCENTAGE RATE) may be applied to the outstanding
balance of the account not paid within thirty (30) days after the date of the bill. All
payments received will be applied first to costs, then to interest, and then to fees.
Deductions for payments received and charges for fees and costs incurred after the date
of the bill will appear on the next bill.
If our bills are not paid in a timely manner, we shall have the right to
cease legal work on the Town's behalf, to withdraw from any proceeding in which we
have entered an appearance and to retain the Town's files until we have received
payment.
Each of us (the Town and the firm) has the option to arbitrate any dispute
arising between us that we are unable to resolve ourselves, including disputes about the
Town's obligations to pay the firm under this agreement or the legal services it received.
If the Town or the firm files a claim in court against the other party to this agreement, the
other party will have 15 business days after receiving the summons and complaint or
other pleading initiating the claim to notify the complaining party that it will exercise the
arbitration option described above and the resulting arbitration shall be binding and
enforceable in the District Court for Eagle County, Colorado.
Unless the firm otherwise agrees, any arbitration between us will be
conducted through the Judicial Arbiter Group and any litigation between us will be in the
District Court for Eagle County. The prevailing party in any such arbitration or litigation,
as determined by the arbitrator or court, will be awarded reasonable attorneys' fees,
expert witness fees and costs (including the hourly rate for time fine lawyers expend in
preparing for and attending hearings and internal expenses the firm incurs). Anyone to
whom the firm assigns its rights in this Agreement may enforce the arbitration and
attorneys' fees provisions above.
YOU EXPRESSLY UNDERSTAND THAT THIS AGREEMENT
GIVING THE FIRM THE OPTION TO ARBITRATE ALL ARBITRABLE
DISPUTES MEANS YOU ARE AGREEING TO WAIVE TO THE MAXIMUM
EXTENT PERMITTED BY LAW ANY RIGHT YOU MAY HAVE TO ASK FOR
A JURY OR COURT TRIAL IN ANY DISPUTE WITH THE FIRM.
It is our policy to retain files for a minimum of ten years after completion.
If you wish a file returned to you, please let us know; otherwise, the file will be destroyed
or otherwise disposed of after that time.
days notice.
I am reserving the right to discontinue further work for the Town on thirty
Should you have any questions at any time concerning your account or the
matter which you have entrusted to us, please do not hesitate to contact me. If you have
no questions regarding this agreement and it is acceptable to you, please sign the
enclosed copy and return it to me so that our records will be complete.
Yours very truly,
DUNN YES GELMAN & PUMMELL, LLC
.u ri~
Jol W. Dunn
kern
APPROVAL
f e ments set forth above are accepted and approved this
a ~~d Th~W2008.
day of B
DUNN KEYES GELMAN & PUMMELL, LLC
SCHEDULE OF FEES
John W. Dunn $300.00 per hour
Karen M. Dunn, ACP $125.00 per hour