Pierce Coleman FY 23-24 Agreement
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Page 1 of 2 PIERCE COLEMAN PLLC FLAT FEE AGREEMENT SCOPE: The City of El Mirage, Arizona (the “City”) renews its retention of Pierce Coleman PLLC as its contract City Attorney to provide general legal services as typically provided by the City’s attorney and in accordance with the City Code. This renewal Agreement shall be effective as of July 1, 2023. The firm will keep track of time and maintain “shadow” invoices for time worked for the City and Pierce Coleman to review as it is deemed necessary. The firm will continue to keep track of time based on the following hourly rates: $295/hr. for Partners and Of Counsel; $225/hr. for Associates; and $125/hr. for Paralegals. FLAT FEE: The City retains Pierce Coleman PLLC on a flat fee basis. For the fiscal year 2023-24 and for each fiscal year thereafter, the amount payable shall be $240,000 made in two semi-annual installments ($120,000 on or about July 1, and $120,000 on or about December 31 each year). This fee is earned-on- receipt and will not be deposited into our client trust account. The contract shall renew automatically from year to year unless a price increase is required, in which case the price increase shall be submitted to and approved by the City Council. COSTS AND EXPENSES: The City agrees to pay for all actual out-of-pocket costs and expenses the firm incurs on the City’s behalf. Typical costs and expenses include: filing fees, service of process, depositions, expert witness fees, travel costs and expenses, Federal Express, courier services, and delivery charges, photocopying at $.10 per page, and wire transfers. The firm may elect to cover other certain out-of-pocket costs and expenses on the City’s behalf but reserves the right to seek reimbursement from the City. The City agrees to reimburse Pierce Coleman for such out- of-pocket costs and expenses. Pierce Coleman will not incur costs and expenses in excess of $250 on the City’s behalf without first obtaining the City’s consent. TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS: The City may terminate this representation at any time, subject to Pierce Coleman’s obligations under the Rules of Professional Conduct and the approval of the court if a matter is in litigation. REFUND: If the City terminates the representation before Pierce Coleman has provided all legal services described in this agreement, the City may be entitled to a refund of all or part of the flat fee based on the value of the legal services performed prior to termination. DOCUMENT RETENTION: At the end of our representation, Pierce Coleman will retain the hard copy or electronic version of the City’s file, unless requested by the City. If the City does not want the file, the City agrees that the file may be destroyed in accordance with Pierce Coleman’s document retention policy. Currently, it is firm policy to destroy files five years after the termination of a representation. FEE DISPUTES: If a dispute arises between the City and Pierce Coleman regarding fees, the parties agree to resolve that dispute through the State Bar’s Fee Arbitration Program. Either party may initiate fee arbitration by contacting the State Bar’s Fee Arbitration Coordinator at 602.340.7379. NO ADVICE REGARDING THIS FEE AGREEMENT: Pierce Coleman is not acting as the City’s counsel with respect to this Agreement. If the City wishes to be advised on whether it should enter into this Agreement, Pierce Coleman recommends that you consult with independent counsel of your choice. Page 2 of 2 ISRAEL: Pierce Coleman certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in, a “boycott” of Israel, as that term is defined in A.R.S. § 35-393. CHINA: Pursuant to and in compliance with A.R.S. § 35-394, Pierce Coleman agrees and certifies that it does not currently, and agrees for the duration of this Agreement will not, use: (i) the forced labor of ethnic Uyghurs in the People’s Republic of China; (ii) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. CANCELLATION: This Agreement is subject to the cancellation provisions of A.R.S. § 38-511. NO GUARANTEES HAVE BEEN MADE AS TO THE FINAL OUTCOME IN ANY OF YOUR LEGAL MATTERS. DATED this ___ day of _________, 2023. ___________________________________ Alexis Hermosillo, Mayor City of El Mirage, Arizona DATED this ___ day of _________, 2023. ___________________________________ Justin Pierce, Member Pierce Coleman PLLC Witnessed by: _________________________________ Sharon Antes, City Clerk Date