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HomeMy WebLinkAbout25-39 Appointment of Town Attorney 03-26-2025RESOLUTION NO. 25-39 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPOINTING TOWN ATTORNEY WHEREAS, the Town of Firestone (the "Town") is a municipal corporation and body politic, organized tinder the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, pursuant to state law, the Town Board of Trustees shall appoint a Town Attorney; and WHEREAS, the Town Board of Trustees desires to appoint Keith Martin of the la"N? firm Wick Juran as the fown of Firestone Town Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board ol—frustees of the Town of Firestone appoints Keith Martin of Widner Juran to serve as the Tawn Attorney, such appointment to be effective as of April 1, 2025, Section 2. The Board of Trustees of the Town of Firestone hereby authorizes and approves The Fee Agreement between the:. Town and Widner Juran, in substantially the sarric J.orm as the copy attached hereto as Exhibit A and made a part of this resolution, and the Mayor is authorized to execute the agreement on behalf` of the 1"o"Fri. PASSED AND ADOPTED this 26th day of March, 2025. -Z c Ile �Ml i r ranaclos Enna, 0MC, Town Clerll APPROVED AS TO FORM: Town Attorney EXHIBIT A [Fee Agreement with Widner Juran LLP] AGREEMENT FOR LEGAL SERVICES OF TOWN ATTORNEY I; I I a : 6- 11 m k, I am if] 1 [01 Z7-.l -IIII c THIS AGREEMENT FOR LEGAL SERVICES OF TOWN ATTORNEY ("Agreement") is made effective as of April 1, 2025, between WIDNER JURAN LLP, a Colorado limited liability partnership with its principal place of business at 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112, (the "Firm"), and the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado, with offices at 9950 Park Avenue, Firestone, CO 80504 (the "Town" or "Client"). WITNESSETH: WHEREAS, the Town issued a request for qualifications ("RFQ") seeking Town Attorney legal services; and WHEREAS, the Firm submitted a proposal in response to the Town's RFQ; and WHEREAS, through a competitive process which included consideration of qualifications and interviews of other proposing law firms, the Town selected the Firm to serve as its Town Attorney; and WHEREAS, the Town, by and through its Board of Trustees ("Town Board" or "Board"), wishes to retain the Firm for the purpose of providing legal representation for the Town, and the Firm wishes to provide such representation; and WHEREAS, the parties wish to enter into this Agreement setting forth the mutual terms and conditions in order to serve the best legal interests of the Town, to promote the public confidence, and in furtherance of the Town's interest in securing legal services; and WHEREAS, the Firm represents that it has the requisite legal knowledge, expertise, and support services to provide legal services to the Town, as set forth in this Agreement. NOW, THEREFORE, for the consideration expressed in this Agreement, it is agreed as follows between the Town and the Firm: 1. APPOINTMENT OF GENERAL LEGAL COUNSEL A. The Firm is engaged and appointed as general legal counsel to represent and advise the Town with respect to legal matters referred by the Town to the Firm in accordance with this Agreement. B. Keith Martin is designated and appointed as the Town Attorney for the Town of Firestone. Robert (Bob) Widner is hereby designated as the Firm's primary attorney assisting Mr. Martin in a role generally recognized among municipalities as a deputy town attorney, Mr. Martin will be the primary and principal contact person for the Town in handling all legal matters for the Town. Mr. Widner's role will be to assist the Town Attorney during periods of the Town Attorney's vacation, illness, injury, or other circumstance reasonably warranting the Town Attorney's absence from service. The Firm may designate, with the Town's prior written approval, another attorney of the Firm to serve in the role of deputy town attorney without need to formally amend this Agreement. C. The Firm may represent to third parties, to identify in Firm advertising and other Firm -sponsored materials, and to post on the Firm's website and social media that the Firm serves or represents the Town as the Firestone Town Attorney unless the Town specifically directs the Firm not to make such representation(s) on a particular matter or to a particular party. D. The Town Attorney and the Firm will work cooperatively and in concert with other Town -appointed attorneys who may be appointed by Town Board to represent the Town on specialized matters. E. The Firm may utilize other qualified attorneys and paraprofessionals of the Firm to assist the Town Attorney and provide services to the Town as deemed appropriate by the Town Attorney. The Firm will manage and delegate legal tasks and projects to the attorneys in the Firm who are qualified to assist the Town in the area of the legal services requested. The Town shall retain the right to reasonably reject the assignment of any Firm attorney or paraprofessional. All delegations of work to other attorneys or paraprofessionals shall be made with the goal and understanding that the delegation will result in reduced costs and greater efficiency due to lower billing rates and/or areas of special expertise. F. The Town authorizes the Firm's attorneys to execute documents connected with the representation of the Town, including letters, pleadings, applications, protests, contracts, commercial papers, settlement agreements and releases, disclosures, verifications, dismissals, orders, and all other documents, and to represent the Town in matters associated with providing legal services to the Town. Notwithstanding the foregoing, the Firm shall not commence or file any litigation or administrative judicial matter without the express consent of the Town. 2. SCOPE OF LEGAL SERVICES A. Subject to the direction of the Town through its Board of Trustees, the Mayor, Town Attorney, or Town Manager, the Firm shall provide to and coordinate for the Town all usual and customary legal services authorized to and provided by the Town Attorney for comparable towns that engage a law firm on a contract basis for general legal services. The legal services shall include, but not be limited to: i. Representing the Town Board and the various Boards and Commissions of the Town, as may be created by Town Board; ii. Providing legal advice and services associated with annexation, zoning, land use development, subdivision, and other land planning applications; iii. Providing legal advice and services related to the interests of the Town to the Town -created boards, commissions, and committees, and to administrative departments, divisions, offices, and officials and administrative staff of the Town; ig iv. Providing legal advice and services in support of the functions and operations of contractors of the Town only to the extent such advice or services are not otherwise imposed as a contract obligation of the contractor; V. Preparing or reviewing all ordinances, contracts, bonds, resolutions, forms, notices, certificates, deeds, leases, easements and other written instruments as requested by the Town; A. Representing the Town in judicial and administrative proceedings; vii. Advising the Town regarding current municipal laws and judicial decisions affecting the Town and changes or developments of the laws; viii. Providing advice and topical seminars or training to the Town Board, boards and commissions, and Town Staff on a periodic basis as deemed appropriate and as directed by the Town Board or Town Manager; and ix. Be available to the Town in accordance with Section 5 of this Agreement, B. The Town may authorize the Firm to engage, communicate with, or contract with special legal counsel on any matter deemed appropriate by the Town to advise the Town or to assist the Firm. The Firm shall not contract with any special legal counsel without the express approval of the Town. The Firm may recommend to the Town Board and the Town Manager that the Town hire special legal counsel with special knowledge, expertise, or resources to represent the Town or assist the Firm when the Firm deems it reasonable and in the best interest of the Town, which may include: (1) any non -customary, unusual, and/or complex matterfor which special expertise or unique legal experience are required; (2) matters for which the time required to perform such services substantially exceeds the normal time required to perform such services; or (3) matters for which the resources required to perform such services substantially exceed the Firm's resources. Examples of matters where the Firm may recommend the Town retain special legal counsel include matters pertaining to the acquisition, sale, and adjudication of water rights; state or federal court litigation or administrative proceedings involving matters of discovery, deposition, trial, or formal hearings, complex or adverse eminent domain litigation; and complex public construction contract disputes. C. The Firm shall maintain (without cost to the Town) working relationships with attorneys specializing in fields of interest to municipalities, including but not limited to condemnation, litigation, and water Jaw. The Firm may recommend hiring special legal counsel with special knowledge and expertise to represent the Town or assist the Firm when it deems reasonable and in the best interest of the Town and in cases of conflict of interest by the Firm. The Firm may also recommend hiring special legal counsel to advise the Town or provide second opinions on matters of extraordinary importance to the Town, including matters involving complex litigation or a substantial financial or other impact on the Town or its K residents, considering the Town's budget as a whole, or considering Town functions or programs as a whole, when such matters of extraordinary importance also involve legal uncertainties or complexities. D. Any attorneys who are not employed by the Firm, but who are retained in accordance with paragraph 2(B) or 2(C) to perform legal representation, shall be under the general coordination of the Town Attorney although such non -Firm attorneys shall contract directly with the Town and the Firm shall not warrant the quality of work of such non -Firm attorneys or firms. The Firm shall take reasonable steps to prevent duplication of effort or duplication of billing between other attorneys and the Firm. Such coordination and supervision by the Firm shall not be undertaken when special legal counsel is appointed due to a conflict of interest on behalf of the Firm. E. Although the Firm and the Firm's attorneys actively seek to avoid potential conflicts, the Town understands and recognizes that unanticipated conflicts may arise that could impair the ability of the Town Attorney and the Firm to represent the Town on specific legal matters. In such event, the Town Attorney shall comply with the requirements of the Colorado Rules of Professional Responsibility in addressing such conflict with the Town. The Parties understand that the Town is not obligated to waive any conflict in order to permit the Firm to represent the Town, and where a waiver by the Town is not granted or the Firm is otherwise legally precluded from representing the Town, the Firm will recommend to the Town Manager and the Town Board of Trustees that the Town assign such matter to outside legal counsel, or the Town may request the Firm to withdraw from the conflicting representation. 3. IDENTIFICATION OF CLIENT It is understood that the Firm's client for purposes of its representation is the Town of Firestone, and not any of its individual members or constituents, or any other entities whose interests are being represented by those individuals. 4. COMPENSATION A. Compensation Generally. The Town shall compensate the Firm for legal services at rates set forth in Exhibit A. B. Exclusions from Compensation. The Town shall not incur charges or billing for the following Firm legal services expenses: L Electronic and hardcopy library and research materials and research librarian services except database access charges (e.g., Lexis/Nexis or Westlaw) for legal research billed at Firm cost without administrative mark- up (such access charges are typically $30.00 - $100.00 per daily research session due to the Firm's favorable research contract with service providers); ii. Employee benefits; iii. Employee insurance, including malpractice insurance; 4 iv. Training and continuing legal education including attendance at legal conferences and seminars unless such attendance is specifically requested, required, or directed by the Town; V. Bar and professional licensing expenses and registrations; Vi. Local professional memberships; vii. Firm -owned electronic, computer and computer/network related communications equipment, hardware, software and information technology support services, including personal computers, laptops, computer printers, telefax, and mobile telephones, but not to include the Firm's acquisition or use of equipment, hardware, software, or services specifically required by the Town and which is not otherwise owned or used by the Firm in the provision of legal services to other Firm clients; viii. Routine in -Firm copying customarily performed in the day-to-day performance of legal services. Projects requiring outside -Firm copying and specialized printing services which may be charged at actual Firm cost without administrative mark-up and the Firm shall seek pre -approval of such costs unless the services are performed under emergency or urgent circumstances to meet deadlines (such as a court -imposed litigation deadline); ix. Telefax expenses; X. Newspapers and professional periodicals; A Postage for regular mail delivery by United States Postal Service except for mass mailings (with prior Town Manager approval) and except for special, expedited, or overnight delivery services, which may be charged at cost; xii. Office supplies used by the Town Attorney (to include items customarily associated with standard office operations and management such as paper, pens, notebooks, paper files, file folders, tape, paperclips, labels, etc.); and xiii. Archival storage and retrieval by the Firm of outdated client files performed in accordance with the Firm's standard client file storage policies; provided, however, that the Firm may relinquish possession of outdated files to the Town for storage at the Town's expense. B. Other Fees and Costs. Upon invoice submitted to the Town, the Town shall compensate the Firm for out of -pocket fees and costs incurred on the Town's behalf (without Firm markup or surcharge), including but not limited to record of title reports or title commitments; postage costs for unusually large mailings; filing fees; unusually large copy or print jobs; service of process, special investigation fees; expert witness fees (only as pre -authorized by the Town), court reporter fees, transcript fees, recording fees, overnight or express delivery charges (e.g., FedEx, UPS, or courier services for hand delivery), and publication fees. C. Mileage. Mileage is addressed in Exhibit A. Mileage, to the extent billed to the Town in accordance with Exhibit A, shall be included in the monthly invoice submitted to the Town for personal use of private vehicles used by the Town Attorney, other Firm attorneys and paraprofessionals for travel incurred in the direct and exclusive performance of services for the Town. Mileage shall be charged at 61 the Firm's standard mileage rate (not to exceed U.S. Internal Revenue Service published business travel mileage allowance). D. Invoices. The Firm shall provide to the Town invoices each month for all legal services performed at an hourly rate. The Town shall pay all undisputed billings from the Firm within thirty (30) days of receipt of invoice. Disputed billing shall not be due and owed until resolution of the dispute. If the Town fails to pay any charges within thirty (30) days of the date of the bill, the Firm may elect, after express electronic mail notification to the Town, to stop all work for the Client. The Client's obligation to make prompt payment of all fees and charges does not depend upon achievement of any specific result. 5. AVAILABILITY A. Board of Trustee Meetings. Unless otherwise instructed by the Mayor or Town Manager, the Town Attorney shall attend regular Town Board meetings and be reasonably available to provide legal services for the Town Board of Trustees. The Town Attorney will attend Town Board special meetings, study sessions, Board retreats, and other Town business meetings as requested by the Mayor or Town Manager. During any period where the Town Attorney is unavailable due to illness, vacation, or other circumstance warranting absence, another attorney of the Firm shall attend meetings as requested by the Town. B. Other Meetings. As reasonably instructed by the Town Board, Mayor, or Town Manager, the Town Attorney shall attend the Town's board, commission, committee, and staff meetings. C. On Call Availability. The Town Attorney shall be available to render the services required hereunder on an "on call" basis and, when necessary, shall cause any other Firm attorneys to be available by appointment for consultation with Town representatives. D. Remote Availability and Attendance. The Town and the Firm understand that the use of remote (a/k/a Virtual), and telephonic attendance for meetings is becoming a commonplace alternative to in -person attendance and can be an effective means of providing efficient and cost-effective legal services. Such alternatives to in - person attendance at meetings can also ensure personal safety during periods of adverse weather or traffic conditions. The Town Manager and Town Attorney shall jointly determine where such alternative means of availability and participation should be used for the benefit of the parties. A. Independent Contractor. The Firm shall perform the Services as an independent contractor to the Town and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee or other relationship with the Town other than as a contracting party and independent contractor. C• Subject to conformance with Town -adopted policies and procedures and full conformance with Firm's representations set forth in this Agreement, the Firm shall have and maintain the requisite judgment, discretion, and responsibility for and control of the performance of the Services, the discipline of the Firm's employees and other matters incidental to the performance of the Services, duties and responsibilities as described and contemplated in this Agreement. Unless specifically stated otherwise in this Agreement, the Firm shall provide and bear the cost of all tools, and any other items, wages, or services required in the performance of the Services, and the Town shall not provide any other assistance or benefits to the Firm for performance of the Services under this Agreement. B. Liability for Employment Related Rights and Compensation. The Firm shall be solely responsible for all compensation, benefits, insurance and employment related fights of any person of the Firm providing the services hereunder during the course of or arising or accruing as a result of any Firm employment, whether past or present, as well as all legal costs including attorney's fees incurred in the defense of any conflict or legal action resulting from such Firm employment. The Firm will comply with all laws, regulations, municipal codes, and ordinances and other requirements and standards applicable to the Firm's employees, including, without limitation, federal and state laws governing wages and overtime, equal employment, safety and health, employees' citizenship, withholdings, reports and record keeping. Accordingly, the Town shall not be called upon to assume any liability for or direct payment of any salaries, wages, contribution to pension funds, insurance premiums or payments, workers' compensation benefits or any other amenities of employment to any of the Firm's employees, or any other liabilities whatsoever, unless otherwise specifically provided herein. The following disclosure is provided in accordance with Colorado law: FIRM ACKNOWLEDGES THAT NEITHER IT NOR ITS AGENTS OR EMPLOYEES ARE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS FIRM OR SOME ENTITY OTHER THAN THE TOWN PROVIDES SUCH BENEFITS. FIRM FURTHER ACKNOWLEDGES THAT NEITHER IT NOR ITS AGENTS OR EMPLOYEES ARE ENTITLED TO WORKERS' COMPENSATION BENEFITS. FIRM ALSO ACKNOWLEDGES THAT IT IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED OR PAID PURSUANT TO THIS AGREEMENT. During the performance of this Agreement, the Firm shall: A. Not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, age, military service, veteran status, marital status, national origin, or disability. B. Comply with all state and federal laws, regulations and executive orders regarding non-discrimination applicable to the Town and its programs. M This Agreement for services is personal to the parties hereto and shall not be assigned by either party. 9. TERM AND TERMINATION A. Term. It is understood that the Firm, as the Town Attorney, serves at the pleasure of the Town Board of Trustees, and this Agreement shall therefore be effective as of the Effective Date for an indefinite term, and shall expire when terminated by either Party in accordance with this Section 9. B. Termination. The parties acknowledge that termination of the attorney -client relationship without sufficient advance notice can be detrimental to either or both parties. Accordingly, this Agreement may be terminated by either party, upon written notice, without cause or reason, upon reasonable advance written notice to the non -terminating party to permit effective, reasonable, and meaningful transition, unless the Town Board of Trustees determines in its sole discretion that sooner termination would serve the best interests of the Town. During such period following notice and prior to termination, the parties shall coordinate the transition of legal services and transfer of Town files held by the Firm. In the event the Town gives notice of unilateral termination of this Agreement, the Firm shall be entitled to compensation as provided in this Agreement for legal services performed during the notice period up to the time of termination. C. Budget for Services. Article A, Sec. 6 of the Constitution of the State of Colorado imposes a limitation on political subdivisions from incurring contractual, unappropriated debt. The Town, in the adoption of its annual municipal budget, allocates and appropriates monies designated for the payment of legal services. Accordingly, notwithstanding the compensation and expenses particularized in this Agreement, all legal services contemplated of the Firm shall be provided to the Town within the budget approved for legal services, which shall constitute a cap on monies payable to the Firm for all of the services provided; unless the Town Board of Trustees, upon application by the Firm or at the Town Manager's request, approves an additional amount, which monies are otherwise available in the annual budget serving as the source of the payment. Notwithstanding the foregoing, the Firm shall not be obligated to perform uncompensated services for the Town should the Town's budgeted, allocated, or appropriated funding for legal services be insufficient to meet the Town's demand for services. D. Nothing in this Section shall preclude or prevent the Parties from modifying any notice requirement or term of notice or negotiating other terms for a mutually acceptable termination. 10. CONFLICTS Unless otherwise agreed by the Town in writing, the Firm shall not accept work on behalf of any client that will create a conflict of interest as defined or established by, the Colorado Rules of Professional Conduct. 11. MISCELLANEOUS PROVISIONS W A. Arbitration' Although the Parties do not expect that any dispute will arise between the Parties, in the unlikely event of any dispute under this Agreement, including a dispute regarding the amount of legal fees or costs owed to the Firm or the quality of the Firm's services, including any claim of malpractice, such dispute shall be subject to binding arbitration. The Town and the Firm acknowledge that they are waiving their right to seek remedies in court, including the right to a jury trial. This clause does not prevent the Town and the Firm from trying to resolve any dispute through voluntary mediation, but there is no requirement to do so, Any dispute concerning fees or costs or concerning the quality of the 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 final judgment can be entered on the arbitration award by a court of competent jurisdiction. 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 (10) days after a demand for arbitration is made, then the arbitrator shall be selected by the Judicial Arbiter Group from among its available professionals. All arbitrations shall be held in Denver, Colorado, unless the parties mutually agree on some other location. All arbitrations shall proceed under the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement, unless otherwise agreed by the parties. The arbitrator shall have the discretion to order that the costs of arbitration, fees (including expert witness and reasonable attorneys' 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 Town and the Firm. Arbitration of all disputes, and the outcome of the arbitration, to the extent legally permissible, shall remain confidential between the parties. B. Privacy Policy, The Firm's "Privacy Policy Notice" is attached to this Agreement as Exhibit B. The Firm will conduct its representation of the Town in accordance with this policy, C. Document Ownership. Files maintained by the Firm as the result of the performance of services for the Town shall remain property of the Firm during representation of the Town. Immediately upon termination of this Agreement, files maintained by the Firm shall become property of the Town and, in addition, the Firm shall coordinate with the Town to arrange for the prompt transfer of such files to the Town at the Town's expense. D. Governinq Law. This Agreement shall be construed in accordance with, and governed by the laws of the State of Colorado and venue shall be in the District Court for Weld County, State of Colorado E. Amendments. Any amendments or alterations to this Agreement will be agreed to by both parties, in writing. F. Compliance with C.R.S. §§ 8-17.5-101 and 102. In connection with the Firm's engagement as Town Attorney, the Firm qualifies as a "contractor" as defined in E C.R.S. § 8-17.5-101(2), and certifies that, as of the date hereof: (i) the Firm does not knowingly employ or contract with a worker without authorization who will perform work pursuant to this Agreement, and (ii) the Firm has participated in the E-Verify Program or other Colorado Department of Labor program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work pursuant to this Agreement. G. Survival of Terms and Conditions. The parties understand and agree that all terms and conditions of this Agreement that require continued performance, compliance, or effect beyond the termination date of this Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. ITS 411K IN WITNESS WHEREOF, the parties hereto have set their hands this LV day of 2025. A BY' Mirlkrr��!#. ados LunaCMC, Town C11 0 WIDNER JURAN LLP By: Partner m Widner Juran LLP shall provide legal services as the Town Attorney to the Town of Firestone on an hourly basis in accordance with the following fee schedule: I Hourly Rates for General Legal Services Keith Martin: For 2025, $215 per hour. For 2026, $225 per hour. Following 2026, the Firm's Town approval Partner level attorneys: $250 per hour customary annual rate increase applies, subject to Associates with more than 5 years' legal experience: $215/hour Associates with 5 or less years' legal experience: $200/hour Historically, the Firm annually raises rates by 4-5% only to accommodate costs of living increases and annual increases are not usually made "across the board" but are limited to one or a few billing attorneys who attain a certain level of experience requiring increase to remain competitive against their peers. All rate increases are subject to notice to the client and client approval. The Firm will endeavor to enlist the assistance of lower billing rate attorneys for routine matters such as general research or ordinance drafting. No Cost Transition Services: The Firm will provide eight (8) hours of legal services at no cost to the Town for the purpose of transition in 2025. The use of such time shall be directed by the Town Manager and can include, for example, meetings with the current Town Attorney, Town Manager, or Town Board of Trustees. No Cost Training Services: The Firm will annually provide two (2) training or education sessions for the Board of Trustees or boards or commissions on municipal topics of interest determined by the Town. Customarily, such training is undertaken after the election of a new governing body. The Town may request up to five (5) annual "after meeting" training sessions usually one (1) hour in duration following a Board ard of Trustee meeting on topics selected by the Board. For such "after meeting" training sessions, no legal expenses shall be charged. Special Legal Services The Firm shall undertake no work on matters that constitute Special Services unless authorized by the Town Board of Trustees. Special Legal Services include: (1) any non -customary, unusual, and/or complex matter for which: (a) special expertise and unique legal experience are required; and (b) the time required to handle the matter substantially exceeds the normal time required to perform such services; examples of the foregoing include: (i) personnel investigations; (ii) water rights and other water lease and purchase matters; (iii) CIRSA or insurance coverage matters; (iv) non -routine real estate and public contract disputes; (v) complex eminent domain proceedings; or (2) litigation of any type, excluding municipal prosecutions or other matters brought in municipal court: im For non -reimbursed Special Legal Services, the Firm proposes compensation at the same rate charged for general legal services. For reimbursed Special Legal Services (where the Town is reimbursed by a third -party or where attorney fees are paid by an opposing party), the Firm proposes to be compensated on an hourly basis at the rate of $280.001hour annually increased to address inflation. Litigation Rates For matters handled after filing of a lawsuit (initial complaint) by or against the Town of Firestone in any court or administrative tribunal, the hourly rates for General Legal Services above will apply. For litigation matters deemed by the Firm to be more complex that typical municipal litigation (e.g., multi -party litigation, federal court litigation, or constitutional claims), the Firm reserves the right to increase litigation billing rates by $10.00 per hour over the then -applicable general billing rate. Travel Expenses — Attorney Time and Mileage Charge A. Regular and Special Meeting Attendance by Town Attorney or Deputy Town Attorney I Hourly Rates- The Firm does not charge attorney time for travel to and from the Town of Firestone Town Hall to attend any regular or special meetings of the Town Board, advisory boards and commissions, or staff meetings. All other travel requested by the Town shall incur hourly billing for attorney time. If the Town reschedules the monthly regular meeting from the third Tuesday of a month to another date due to holiday or other reason, such rescheduled meeting shall constitute a regular meeting. 2. Mileage Charges: For all travel, mileage will be charged for travel related to client business at the then -current mileage rate approved by the Internal Revenue Service for business travel deduction. B. Other Attorney's Attendance: Only if attendance by other attorneys of the Firm at regular or special meetings is requested by the Town, the Firm shall charge Y2 of the hourly rate for attorney time for travel to attend/return from attendance and a per -mile charge (up to the IRS allowed business mileage charge) for such other attorneys' attendance. • In accordance with a Town Policy (either existing or to be later adopted) rates for attorney services that are passed -through and paid by others such as land developers, property owners seeking annexation, or applicants for forms of Town approval, the following rates for services will apply: im For all attorneys of the Firm: $2801hour, annually increased to address inflation Attorney travel time (in full) and mileage charges shall be included as obligations for payment where travel and attendance is paid by others such as land developers, property owners seeking annexation, or applicants for forms of Town approval. 1E Attorneys, like other professionals, 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. Maintaining your trust and confidence is a high priority to our law firm. The purpose of this notice is to comply with the federal law by explaining our privacy policy with respect to your personal information. NONPUBLIC PERSONAL INFORMATION WE COLLECT: In the course of providing services to our clients, we 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 VVidner Juran LLP, please be assured 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. 5 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. Widner Juran LLP W*1