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Home My WebLink About001116 Original Contract City of Port Angeles Record # 001116 -U f, i'vi 4 K, i"'! t J A JUly, 20, 2016 30446.0103 1 leidi Greenwood Assistant CAU, Altoww" 321 E. W SOL Port ,;\iigcic,,, WA 98362 Re: Erickson Matter AlforneylClient Privilcged Confidential IVoi* Product War I icidi: Thank VOLI forWilliams, KasMer 8 Chbbs MAT as your legal counsel. We value the CAty of Port Angeles as an important client and look forward to providing legal services with reference to we above-matter. Enclosed is a copy of our standard Engagement'Terms which MI govern our representation in this and other niaawn you may refer to us. We ask that You review it carefully and contact us promptly if you have any questions. I W be to primary attorney and your COnMd Oil this Matter. My direct phone M-1111ber is 206-628- 2762. Some of the vvowk may be performed by Moor lawyers or legal assistants in the fil-111. Such delegation 11-lay be for the purpose of providing services on the most efficient and economical basis, or to involve lawyers with special expertise in a given area. I will be happy to respond to all inquiries concerning allormys and loyal assistant.,; who work on this matter. As agreed, this matter \,vill be billed at the 10kVC',St rete that I CLII-R-110V work at; namely, WCIA rates. My current hourly billing rate will be $273 per hour. Associate, attorneys and paralegals bill at$225 and $175 per hour, respectively. YOU Will also bL,' billed for Costs pursuant to the enclosed Engagement TLI-111S. The total expenditure pursuant to US engagement will not exceed $17,000. We expect that you will provide prompt payment of our His within 30 days of the received invoice. Should your balance extend beyond 60 days, We WSCI-VC the right, upon Written notice, to Cease performing legal services, to terminate our legal representation, and to pursue collection of your account balance. As you may be aware, Williams, Kastner &- Gibbs PLLC is a full service law firm. From time to time, they may have dealings %Wth the My of PON Angeles concerning matters which are totally unrelated to this present repre"clitation. We do not believo, that HICS0 types 01'situations create a conflict of interest for the fil-In nor do we believe that these Situations Pl-('V('ut LIS from handling this Or a similar Matter. Heidi Greenwood July 20,2016 Page 2 Nonetheless, I wanted you to be aware of the situation and should you have any questions and/or concerns, please call me to discuss the issue. In the event that a situation arises which may create a conflict, you will be advised by us in writing and a decision will be made as to whether or not an actual conflict exists. Please review this letter and the Engagement Terms on the following page, and contact me immediately if you have any questions or concerns. By proceeding with our services,you are consenting to the information contained in this letter and the attached Engagement Terms. Again, we appreciate the opportunity to be of service and look forward to working with you. Very truly yours, lsl Adam Rosenberg Adam Rosenberg (206) 628-2762 aosenberg@williamskastner.com Approved and accepted by: Dan McKeon, City Manager i i 5810259.4 Heidi Greenwood July 20, 2016 Page 3 WILLIAMS,KASTNER&GIBBS PLLC ATTORNEYS&COUNSELORS ENGAGEMENT TERMS Thank you for selecting Williams,Kastner&Gibbs PLLC as your legal counsel. We value you as a client and Iook forward to serving you. It is important, therefore, that you understand our relationship with you as your lawyers. This statement sets forth the standard terms of our engagement. We ask that you review the statement carefully and contact us promptly if you have any questions. 1. SCOPE OF WORK The accompanying Engagement Letter describes the specific work which we will undertake on your behalf. Our engagement will also include any additional work to which we mutually consent or which is reasonably encompassed within the terms of the Engagement Letter. By our representation of you in this matter, we do not undertake to represent any corporate affiliate of yours, including any parent, subsidiary or affiliated corporation. If we are incorrect in our understanding of our representation, please call me to further define the nature and scope of same. Any expressions on our part concerning the outcome of your Iegal matters are expressions of opinion based upon our best professional judgment. They are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on our interpretation of the law at the time they are expressed. By our representation of a corporation, we do not undertake to represent any corporate affiliate of the corporation. 2. SERVICE PROVIDERS You have selected or will select a principal attorney to represent you from our firm. You are free to request a change of principal attorney at any time. Subject to the supervisory role of the principal attorney, work on your behalf or parts of it may be performed by other lawyers and legal assistants in the firm. Such delegation may be for the purpose of involving lawyers or legal assistants with special expertise in a given area or for the purpose of providing services on the most efficient and timely basis. We are happy to respond to all inquiries concerning attorneys and legal assistants who work on your matters. 58I0259.4 Heidi Greenwood July 20, 2016 Page 4 3. FEES Our hourly rates may be quoted to you at the outset of our representation. These rates are subject to general adjustments which typically occur and are made effective on an annual basis, either January or July 1. Our rates are determined under guidelines set out in the Rules of Professional Conduct and are reviewed annually to reflect current levels of legal experience,changes in overhead costs and other factors. Many of our attorneys have developed special expertise in a particular area of law and are able to deliver services in their special area with greater efficiency. These Iawyers are assigned both regular and specialty rates. Their time will be charged at a specialty rate when they provide services in their specialty areas. In the event we agree to an alternative billing arrangement, the following factors will be considered: • The time and effort required, the novelty and complexity of the issues presented, and the skill required to perform the legal services promptly; • The fees customarily charged in the community for similar services and the value of the services to you; • The amount of money or value of property involved and the results obtained; • Time constraints requiring substantial disruption of our other business imposed by you as our client(such as an emergency closing, the need to obtain or resist injunctive relief or other extraordinary,emergency or time-critical Iegal service). • The nature and longevity of our professional relationship with you; • The experience, reputation and expertise of the lawyers performing the services; • The extent to which office procedures and systems have produced a high quality product efficiently. We will keep accurate records of the time we devote to your work,including conferences(both in person and over the telephone),negotiations,factual and legal research and analysis, document preparation and revision, travel on your behalf, and other related matters. We record our time in units of tenths of an hour. i When we are requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter we will furnish such an estimate based upon our professional judgment. In I 5810259.4 Heidi Greenwood July 20, 2016 Page 5 such event it is understood that the quote is not for a maximum or fixed fee,but is an estimate based upon our best judgment at the time of the quote. 4. COSTS AND EXPENSES We typically incur and pay on behalf of our clients a variety of costs and expenses arising in connection with legal services. These include charges made by government agencies and service vendors; long distance charges;printing and reproduction costs; messenger, courier and delivery charges; telecopy charges; travel expenses;computer research costs;and other costs incurred on your behalf. Whenever such costs are incurred,we will either forward such charges to you for direct payment to the vendor, or we will itemize and bill them to you. We incur outside costs as agents for our clients,and we incur internal expenses on behalf of our clients. All such costs are the responsibility of our clients and are to be paid on a regular basis. 5. BILLING ARRANGEMENTS We will bili you on a regular basis,normally each month, for both fees and costs. You agree to make payment within 30 days of receiving our bill. Unpaid fees and costs accrue interest at the rate (noncompounded) of 1%per month from the beginning of the month in which they become overdue. Each month you will receive a Statement of Account that itemizes unpaid bills and accrued interest charges. Costs which we have advanced but which have not been posted to your account, such as long distance and photocopy charges, may appear on subsequent bills. We will give you prompt notice if your account becomes delinquent, and you agree to bring the account current. Should your balance extend beyond 60 days, we reserve the right,upon written notice, to cease performing legal services, to terminate our legal representation,and to pursue collection of your account balance. In addition, the firm reserves the right to withdraw from our representation in any matter, for any reason,subject to the rules governing lawyer conduct. If you disagree with the amount of our fee,please take up the question with your principal attorney contact or with the firm's managing member. Typically,such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. 6. FILE OWNERSHIP AND DESTRUCTION Files generated and accumulated during our work on your behalf will belong to the firm,except for original documents submitted by you(unless there is a specific reason for the retention of these documents) which will be returned to you upon completion of our representation. You should be 5810259.4 Heidi Greenwood July 20, 2016 Page 6 aware that our firm has file closure and purging guidelines in place. At the conclusion of a matter most documents are purged. Documents retained will be stored for a specified period after which they will be destroyed, with limited exceptions. You are entitled to copies of documents within your file upon written request to us and payment of related photocopy charges. 7. COMMUNICATIONS Your principal attorney will endeavor to keep you fully and promptly advised regarding the progress of the work. If, however, you have any questions about the work or its progress do not hesitate to inquire. If for any reason the principal attorney is unable to communicate with you, please do not hesitate to contact the managing member. 8. YOUR DUTIES AND RESPONSIBILITIES We expect you to be truthful in communications with your attorney,and to cooperate with your attorney and to comply with court rules in matters in litigation. We also expect you to appreciate our attorneys'paramount obligation to comply with the Rules of Professional Conduct governing the practice of law. 5810259.4