Attorney Contract Renewal

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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 November 23, 2020. 
 
The firm will keep track of time and maintain “shadow” invoices for time worked such that the City and 
Pierce Coleman may compare the actual time to the flat fee amount.  The firm will keep track of time 
based on the following hourly rates:  $270/hr. for Partners; $240/hr. for Of Counsel; $195/hr. for 
Associates; and $75/hr. for Paralegals. 
 
FLAT FEE: The City retains Pierce Coleman PLLC on a flat fee basis. For the remainder of the 2020-21 
fiscal year ending June 30, 2021, the flat fee shall be $108,000.  This amount shall be paid on or before 
November 30, 2020.  For each fiscal year thereafter, the amount payable shall be $180,000, made in two 
semi-annual installments ($90,000 on or before July 1, and $90,000 on or before December 31 each year).  
This fee is earned-on-receipt and will not be deposited into our client trust account.  Prior to the end of 
each fiscal year, the City and the Firm may review prior years’ billings to determine whether the amount 
of the next year’s agreement should increase, decrease, or remain unchanged.  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.

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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. 
 
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. 
 
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 22nd day of September, 
2020. 
 
___________________________________ 
Alexis Hermosillo, Mayor 
City of El Mirage, Arizona 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DATED this 22nd day of September, 
2020. 
 
___________________________________ 
Justin Pierce, Member 
Pierce Coleman PLLC 
 
Witnessed by: 
 
 
_________________________________ 
Sharon Antes, City Clerk                    Date