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01-21-2010 Engagement Proposal Heizer Paul Legal ServicesMemo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney km From: Patty McKenny, Assistant Town Manager Mgmt Services Date: January 21, 2010 Re: Heizer Paul LLP Engagement Proposal for Legal Services Summary: Please find attached an "Engagement Proposal' from Heizer Paul, LLP out of Denver, Colorado. The firm specializes in the following areas: Human Resources, Litigation & Dispute Resolution, Executive Compensation, Local Government, and Real Estate and Construction. Discussion: The Town of Avon has obtained legal input from Kevin Paul, with Heizer Paul, LLC, on business related to certain human resources matters. Mr. Paul background is in assisting employers with many human resources related topics. Town Attorney Eric Heil has worked with this group on other legal matters and recommended the firm. The request for services has been on an occasional basis, however it was suggested the town enter into a more formal arrangement with the law firm. Financial Implications: As noted in the proposal, the firm has reduced their standard professional fee for the partners from $295 per hour to $185 per hour. The Professional Fee Schedule is outlined in Exhibit A. Kevin C. Paul Direct Dial: 303 -376 m 3704 kpaul @hpfirm.com Via electronic mail January 18, 2010 Eric J. Heil, Esq. Avon Town Attorney ericheillaw(a.gmail.com Patty McKenny Director of Administrative Services Town of Avon pmckennv @avon.org Re: Engagement Proposal Dear Eric & Patty: As you requested, we have prepared the following engagement agreement between our law firm and the Town of Avon for the Town Council's consideration. We have enjoyed assisting Eric on behalf of the Town and would be privileged to have the opportunity to continue doing so. In recognition of the substantial economic demands placed on public entities, and to help ensure that you feel comfortable calling upon us whenever we can be of service, we will reduce our standard professional fees set forth in Exhibit A to the following: TOWN OF AVON Engagement Agreement January 18, 2010 Page 2 of 9 Dean C. Heizer $185.00 per hour Kevin C. Paul $185.00 per hour Cindy Coleman $135.00 per hour Saskia Dehring $135.00 per hour Michaun Donner $110.00 per hour We will provide the Town with at least 90 days to consider any request from our firm to increase these fees. The additional terms upon which our firm can agree to assist the Town are as follow: Introduction. This is a contract for legal services between the law firm of Heizer I Paul LLP, a Colorado limited liability partnership (HP LLP) and the undersigned client (the "Client "). Legal Services. HP LLP agrees to represent the Client with regard to the scope of services described above and in this engagement letter. HP LLP agrees to exert its best effort on behalf of the Client and to handle the services described in this letter with due diligence. HP LLP cannot and does not guarantee or agree that a result favorable to or satisfactory to the Client will be achieved. If HP LLP is retained to represent the Client in contested proceedings (such as arbitration, litigation or other proceedings in which a third party is vested with binding authority over the participants), no settlement or compromise will be made without the Client's consent. Fee. The Client shall pay HP LLP a fee for services rendered. The fee will be based upon the Law Firm's standard hourly rates, except as expressly stated above. The rates presently range from $125 per hour for technical staff, clerks and paralegals to $295 per hour for partners. A copy of HP LLP's current Fee Schedule is attached as Exhibit A. Costs. Except as provided otherwise herein, the Client, in addition to the fee, shall pay all costs incurred by HP LLP in providing the services described in this letter. Examples of such costs include, if applicable, court or agency filing fees, administrative costs, customized computer applications, depositions, expert witnesses, consultants, travel, long distance telephone, computer research, photocopies, and messenger service. HP LLP may require an advance to be applied to such costs. A copy of the Schedule of Costs is attached hereto as Exhibit B. Billing; Payment; Late Payment Charge. Bills normally will be sent to the Client on a monthly basis and are due upon receipt. Any amounts not paid within 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, HP LLP 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 or HP LLP's decision to cease representation. TOWN OF AVON Engagement Agreement January 18, 2010 Page 3 of 9 Municipality as Client: The Client agrees that HP LLP shall provide legal services as counsel to the Town of Avon, Colorado, as and when such services are directed by the Town Council, the Town Manager, or the Town Attorney. The Town shall be the client of the Law Firm. This representation does not give rise to an attorney - client relationship between HP LLP, or any of its lawyers, and individual Trustees, employees, contractors, or agents of the Client. Accordingly, HP LLP, when otherwise permitted by the Rules of Professional Conduct, may continue, or may accept, representation adverse to a Trustee, employee, contractor, or agent of the Client. Although HP LLP will take direction from the Town Manager and the Town Attorney, HP LLP and the Town recognize that the Town Council of the Town is the authorizing entity for purposes of compensation increases or other amendments to this Agreement. The Town grants to HP LLP the power to execute documents connected with the representation of the Town, including pleadings, applications, protests, contracts, commercial papers, settlement agreements and releases, dismissals, orders and all other documents necessary and proper for HP LLP to represent the Town in matters associated with providing legal services to the Town. The Client hereby represents and warrants that it has budgeted and appropriated, or will budget and appropriate in the ordinary course of Town business, sufficient funds to cover the fees and costs contemplated by this engagement. Licensure and Professional Liability Insurance. HP LLP agrees that each of its attorneys assigned to provide legal services to the Town shall maintain, at all times, a license to practice law in the State of Colorado. HP LLP shall promptly inform the Town of any change in the good standing status of the license of any such attorney to practice law in the State of Colorado. HP LLP shall maintain professional liability insurance in the minimum amount of one million dollars ($1,000,000.00) per occurrence in a form and with such terms as are reasonably acceptable to the Town. Miscellaneous. The Client or HP LLP may terminate this Agreement at any time, subject to any applicable ethical rules, judicial standards or other agreed upon terms set forth herein. If the Client discharges HP LLP, the Client agrees that the Client will immediately pay all fees and costs then due. If Client fails to do so, Client recognizes HP LLP's rights to assert a lien against client files and work product. This Agreement Controls Subsequent Engagements Absent Further Agreement. This Agreement shall apply to any matter that HP LLP handles for the Client if there is no separate agreement made for that matter. Mandatory Binding Arbitration. Neither party anticipates that any dispute between us will arise. However, in the event of any dispute under this Agreement, including a dispute regarding the amount of legal fees or costs owed to HP LLP or the quality of HP LLP's services, including any claim of malpractice against HP LLP or any of its lawyers or employees, such dispute shall be subject to binding arbitration. Both the Client and HP LLP agree that arbitration is their preferred method of dispute resolution, and that both the Client and HP LLP are waiving their right to seek remedies in court, including the right to a jury TOWN OF AVON Engagement Agreement January 18, 2010 Page 4 of 9 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 court of competent jurisdiction can enter a final judgment on the arbitration award. 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. Unless we mutually agree to some other procedures: (a) all arbitrations shall be held in Denver, Colorado; (b) all arbitrations shall proceed under the Commercial Arbitration Rules of the American Arbitration Association (AAA), except that the Parties shall not be required to initiate the arbitration through the AAA nor pay any associated fees to the AAA; (c) 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 HP LLP. Arbitration of all disputes, and the outcome of the arbitration, shall remain confidential between the parties. Document Retention. The Client acknowledges that the file we create and compile for work on the Client's matter, including notes, correspondence, pleadings, research, and documents which we prepare, will not be kept indefinitely. It is our policy to destroy or delete all files (including all documents and materials therein), seven (7) years after we (or any predecessor firm) sends such files to remote storage upon completion of each matter. However, if some legal restriction on destruction is imposed or some new development occurs, the retention period may be modified. This file destruction process is automatic and you will not receive further notice prior to the destruction of these files. Accordingly, if you wish to maintain a record of this matter beyond our retention period, you should consider maintaining your own files relating to the matters that we are handling. TOWN OF AVON Engagement Agreement January 18, 2010 Page 5 of 9 Special Provisions. Description of Matter: General legal advice to the Town of Avon regarding human resources and related issues; representation of the Town, as requested, in matters of litigation and arbitration. Retainer: None required. Attorneys and Rates Professional fees for those attorneys assigned to matters for the Town of Avon will be billed at the reduced rates appearing on age 2, above BOTH THE CLIENT AND HP LLP HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO IT. Signature page follows TOWN OF AVON Engagement Agreement January 18, 2010 Page 6 of 9 HEIZER I PAUL LLP I CLIENT B y : � e' P"e Kevin C. Paul 2401 15th Street Suite 300 Denver, CO 80202 (303) 376 -3704 January 18, 2010 THE TOWN OF AVON Signature Printed name Title Date Billing Address: Telephone: Fax: E -mail: TOWN OF AVON Engagement Agreement January 18, 2010 Page 7 of 9 PRIVACY POLICY NOTICE FOR OUR CLIENTS: Attorneys who advise on certain personal matters are required by 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 federal law. Therefore, please understand that your privacy is important to us and we will act diligently to protect your right to privacy. Maintaining your trust and confidence is a high priority to us. This notice is a technical requirement under federal law. INFORMATION WE COLLECT: In the course of providing our clients with advice, we may 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 Heizer Paul, LLP, we will exercise due diligence to ensure 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. TOWN OF AVON Engagement Agreement January 18, 2010 Page 8 of 9 EXHIBIT A Professional Fee Schedule* Billing Professional's Name Standard Hourly Rates ** Dean C. Heizer (Partner) $295 Kevin C. Paul (Partner) $295 Cynthia Coleman (Associate) $195 Saskia Dehring (Associate) $195 Research and Collections Paralegals $195 Michaun N. Donner (Paralegal) $125 Priscilla R. Walsen (Paralegal /Applications Specialist) $125 * HP LLP will afford the Town no less than 90 days within which to consider any request for an increase in its professional fees. ** These standard rates shall be reduced as set forth on page 2 of this Agreement. TOWN OF AVON Engagement Agreement January 18, 2010 Page 9 of 9 EXHIBIT B SCHEDULE OF CHARGEABLE 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 our call accounting system and miscellaneous costs. Faxes: Unlike a lot of firms, we do not charge for outgoing local faxes or for items faxed directly to our desktops. We do charge for incoming paper faxes at $1.00 per page. We do charge long distance and an applicable administrative charge for long distance faxes. We do not charge for receiving or sending e -mail messages, whether local or long distance. Digitizing, Copying and Printing Charges: Internal document digitizing, copying and printing are charged at $.20 per page. Digitizing, copying, printing, collating, binding and other document services performed by outside vendors are charged at actual cost. We decide whether to use outside vendors on a case -by -case basis as the circumstances require. We typically use outside vendors to keep costs low and/or for large projects. Document Storage: In order to keep our hourly rates low, many client documents in inactive files are kept off site. We will charge you an allocable percentage of our off site storage charges. If you would like to avoid these charges for inactive matters, let us know and we can arrange to transfer your files back to your facilities. Deliveries: We do not charge you a delivery fee for items we deliver ourselves. Items delivered by commercial messenger service are billed at the actual rate charged by the service, plus a small administrative charge to cover our associated costs. Computer Calendaring, Digital Filing, Digital Document Presentation and Other Computer Services: We will assess costs and administrative fees related to digital calendaring from outside services, digital filing fees, document digitizing and other related services. In many circumstances, the monetary and environmental costs of these services are substantially lower than if we used paper or internal resources. Computer Research (Westlaw, Lexis/Nexis, Findlaw, Similar Services): The charge to the Client includes the usage amount billed to HP LLP for on -line computer services plus an additional amount to cover equipment, telephone, basic subscription costs, taxes, and other overhead costs. Mileage and Parking: Mileage is charged at the allowable IRS rate unless otherwise agreed upon in writing. Parking is charged at actual cost. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services. 0 Kevin C. Paul Direct Dial: 303 • 376 • 3704 kpaul @hpfirm.com Via electronic mail January 18, 2010 Eric J. Heil, Esq. Avon Town Attorney ericheillawggmail.com Patty McKenny Director of Administrative Services Town of Avon pmckenny avon.org Re: Engagement Proposal Dear Eric & Patty: As you requested, we have prepared the following engagement agreement between our law firm and the Town of Avon for the Town Council's consideration. We have enjoyed assisting Eric on behalf of the Town and would be privileged to have the opportunity to continue doing so. In recognition of the substantial economic demands placed on public entities, and to help ensure that you feel comfortable calling upon us whenever we can be of service, we will reduce our standard professional fees set forth in Exhibit A to the following: TOWN OF AVON Engagement Agreement January 18, 2010 Page 2 of 9 Dean C. Heizer $185.00 per hour Kevin C. Paul $185.00 per hour Cindy Coleman $135.00 per hour Saskia Dehring $135.00 per hour Michaun Donner $110.00 per hour We will provide the Town with at least 90 days to consider any request from our firm to increase these fees. The additional terms upon which our firm can agree to assist the Town are as follow: Introduction. This is a contract for legal services between the law firm of Heizer I Paul LLP, a Colorado limited liability partnership (HP LLP) and the undersigned client (the "Client "). Legal Services. HP LLP agrees to represent the Client with regard to the scope of services described above and in this engagement letter. HP LLP agrees to exert its best effort on behalf of the Client and to handle the services described in this letter with due diligence. HP LLP cannot and does not guarantee or agree that a result favorable to or satisfactory to the Client will be achieved. If HP LLP is retained to represent the Client in contested proceedings (such as arbitration, litigation or other proceedings in which a third party is vested with binding authority over the participants), no settlement or compromise will be made without the Client's consent. Fee. The Client shall pay HP LLP a fee for services rendered. The fee will be based upon the Law Firm's standard hourly rates, except as expressly stated above. The rates presently range from $125 per hour for technical staff, clerks and paralegals to $295 per hour for partners. A copy of HP LLP's current Fee Schedule is attached as Exhibit A. Costs. Except as provided otherwise herein, the Client, in addition to the fee, shall pay all costs incurred by HP LLP in providing the services described in this letter. Examples of such costs include, if applicable, court or agency filing fees, administrative costs, customized computer applications, depositions, expert witnesses, consultants, travel, long distance telephone, computer research, photocopies, and messenger service. HP LLP may require an advance to be applied to such costs. A copy of the Schedule of Costs is attached hereto as Exhibit B. Billing; Payment; Late Payment Charge. Bills normally will be sent to the Client on a monthly basis and are due upon receipt. Any amounts not paid within 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, HP LLP 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 or HP LLP's decision to cease representation. TOWN OF AVON Engagement Agreement January 18, 2010 Page 3 of 9 Municipality as Client: The Client agrees that HP LLP shall provide legal services as counsel to the Town of Avon, Colorado, as and when such services are directed by the Town Council, the Town Manager, or the Town Attorney. The Town shall be the client of the Law Firm. This representation does not give rise to an attorney- client relationship between HP LLP, or any of its lawyers, and individual Trustees, employees, contractors, or agents of the Client. Accordingly, HP LLP, when otherwise permitted by the Rules of Professional Conduct, may continue, or may accept, representation adverse to a Trustee, employee, contractor, or agent of the Client. Although HP LLP will take direction from the Town Manager and the Town Attorney, HP LLP and the Town recognize that the Town Council of the Town is the authorizing entity for purposes of compensation increases or other amendments to this Agreement. The Town grants to HP LLP the power to execute documents connected with the representation of the Town, including pleadings, applications, protests, contracts, commercial papers, settlement agreements and releases, dismissals, orders and all other documents necessary and proper for HP LLP to represent the Town in matters associated with providing legal services to the Town. The Client hereby represents and warrants that it has budgeted and appropriated, or will budget and appropriate in the ordinary course of Town business, sufficient funds to cover the fees and costs contemplated by this engagement. Licensure and Professional Liability Insurance. HP LLP agrees that each of its attorneys assigned to provide legal services to the Town shall maintain, at all times, a license to practice law in the State of Colorado. HP LLP shall promptly inform the Town of any change in the good standing status of the license of any such attorney to practice law in the State of Colorado. HP LLP shall maintain professional liability insurance in the minimum amount of one million dollars ($1,000,000.00) per occurrence in a form and with such terms as are reasonably acceptable to the Town. Miscellaneous. The Client or HP LLP may terminate this Agreement at any time, subject to any applicable ethical rules, judicial standards or other agreed upon terms set forth herein. If the Client discharges HP LLP, the Client agrees that the Client will immediately pay all fees and costs then due. If Client fails to do so, Client recognizes HP LLP's rights to assert a lien against client files and work product. This Agreement Controls Subsequent Engagements Absent Further Agreement. This Agreement shall apply to any matter that HP LLP handles for the Client if there is no separate agreement made for that matter. Mandatory Binding Arbitration. Neither party anticipates that any dispute between us will arise. However, in the event of any dispute under this Agreement, including a dispute regarding the amount of legal fees or costs owed to HP LLP or the quality of HP LLP's services, including any claim of malpractice against HP LLP or any of its lawyers or employees, such dispute shall be subject to binding arbitration. Both the Client and HP LLP agree that arbitration is their preferred method of dispute resolution, and that both the Client and HP LLP are waiving their right to seek remedies in court, including the right to a jury TOWN OF AVON Engagement Agreement January 18, 2010 Page 4 of 9 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 court of competent jurisdiction can enter a final judgment on the arbitration award. 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. Unless we mutually agree to some other procedures: (a) all arbitrations shall be held in Denver, Colorado; (b) all arbitrations shall proceed under the Commercial Arbitration Rules of the American Arbitration Association (AAA), except that the Parties shall not be required to initiate the arbitration through the AAA nor pay any associated fees to the AAA; (c) 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 HP LLP. Arbitration of all disputes, and the outcome of the arbitration, shall remain confidential between the parties. Document Retention. The Client acknowledges that the file we create and compile for work on the Client's matter, including notes, correspondence, pleadings, research, and documents which we prepare, will not be kept indefinitely. It is our policy to destroy or delete all files (including all documents and materials therein), seven (7) years after we (or any predecessor firm) sends such files to remote storage upon completion of each matter. However, if some legal restriction on destruction is imposed or some new development occurs, the retention period may be modified. This file destruction process is automatic and you will not receive further notice prior to the destruction of these files. Accordingly, if you wish to maintain a record of this matter beyond our retention period, you should consider maintaining your own files relating to the matters that we are handling. TOWN OF AVON Engagement Agreement January 18, 2010 Page 5 of 9 Special Provisions. Description of Matter: General legal advice to the Town of Avon regarding human resources and related issues; representation of the Town, as requested, in matters of litigation and arbitration. Retainer: None required. Attorneys and Rates Professional fees for those attorneys assigned to matters for the Town of Avon will be billed at the reduced rates appearing on page 2, above BOTH THE CLIENT AND HP LLP HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO IT. Signature page follows TOWN OF AVON Engagement Agreement January 18, 2010 Page 6 of 9 HEIZER I PAUL LLP By: 1 � ' w tt e Pazd Kevin C. Paul 2401 15th Street Suite 300 Denver, CO 80202 (303) 376 -3704 January 18, 2010 CLIENT F AVON L Printed name Title Date Billing Address: — r t6 CI `j � ym f Co Telephone: Fax: a c) - 9 -113 ( 3 E -mail: o C TOWN OF AVON Engagement Agreement January 18, 2010 Page 7 of 9 PRIVACY POLICY NOTICE FOR OUR CLIENTS: Attorneys who advise on certain personal matters are required by 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 federal law. Therefore, please understand that your privacy is important to us and we will act diligently to protect your right to privacy. Maintaining your trust and confidence is a high priority to us. This notice is a technical requirement under federal law. INFORMATION WE COLLECT: In the course of providing our clients with advice, we may 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 Heizer Paul, LLP, we will exercise due diligence to ensure 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. TOWN OF AVON Engagement Agreement January 18, 2010 Page 8 of 9 EXHIBIT A Professional Fee Schedule* Billing Professional's Name Standard Hourly Rates ** Dean C. Heizer (Partner) $295 Kevin C. Paul (Partner) $295 Cynthia Coleman (Associate) $195 Saskia Dehring (Associate) $195 Research and Collections Paralegals $195 Michaun N. Donner (Paralegal) $125 Priscilla R. Walsen (Paralegal /Applications Specialist) $125 * HP LLP will afford the Town no less than 90 days within which to consider any request for an increase in its professional fees. ** These standard rates shall be reduced as set forth on page 2 of this Agreement. TOWN OF AVON Engagement Agreement January 18, 2010 Page 9 of 9 SCHEDULE OF CHARGEABLE 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 our call accounting system and miscellaneous costs. Faxes: Unlike a lot of firms, we do not charge for outgoing local faxes or for items faxed directly to our desktops. We do charge for incoming paper faxes at $1.00 per page. We do charge long distance and an applicable administrative charge for long distance faxes. We do not charge for receiving or sending e -mail messages, whether local or long distance. Digitizing, Copying and Printing Charges: Internal document digitizing, copying and printing are charged at $.20 per page. Digitizing, copying, printing, collating, binding and other document services performed by outside vendors are charged at actual cost. We decide whether to use outside vendors on a case -by -case basis as the circumstances require. We typically use outside vendors to keep costs low and/or for large projects. Document Storage: In order to keep our hourly rates low, many client documents in inactive files are kept off site. We will charge you an allocable percentage of our off site storage charges. If you would like to avoid these charges for inactive matters, let us know and we can arrange to transfer your files back to your facilities. Deliveries: We do not charge you a delivery fee for items we deliver ourselves. Items delivered by commercial messenger service are billed at the actual rate charged by the service, plus a small administrative charge to cover our associated costs. Computer Calendaring, Digital Filing, Digital Document Presentation and Other Computer Services: We will assess costs and administrative fees related to digital calendaring from outside services, digital filing fees, document digitizing and other related services. In many circumstances, the monetary and environmental costs of these services are substantially lower than if we used paper or internal resources. Computer Research (Westlaw, Lexis/Nexis, Findlaw, Similar Services): The charge to the Client includes the usage amount billed to HP LLP for on -line computer services plus an additional amount to cover equipment, telephone, basic subscription costs, taxes, and other overhead costs. Mileage and Parking: Mileage is charged at the allowable IRS rate unless otherwise agreed upon in writing. Parking is charged at actual cost. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services.