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HomeMy WebLinkAbout000695 Original ContractVanNes5 Feldman rdonDerr ATTORNI'F'`f'S,:AT LAW SEATTLE, WA • WASHINGTON, DC November 13, 2013 VIA E-MAIL Mr. William Bloor City Attorney City of Port Angeles Port Angeles, WA 98362 City of Port Angeles Record #000695 Millennium Tower 719 Second Avenue, .Suite 1150 Seattle, Washington 98104-1728 (205) 623-4988 F (205) 623-9372 P Re: Engagement of VAN NEss FELDMAN GORDONDERR to Provide Legal Services Dear Mr. Bloor: We are pleased that you have selected VAN NESS FELDMAN GORDoNDERR to represent the City of Port Angeles. We look forward to a valued relationship with you and to successfully achieving your goals. This letter constitutes our agreement setting forth the terms of our representation. Scope of Our Representation We understand that the City Iof Port Angeles is the Client we.will be representing in this matter in connection with separate matters, One concerns permitting efforts to stabilize a.landfill located in the shoreline environment of the Strait of Juan de Fuca. The other matter concerns addressing implementation of a U.S Army Corps of Engineers permit issued in 2012 for the Waterfront Transportation Improvement Project. Fees and Billings The billing rates for all attorneys and timekeepers are described in the attached document entitled "VAN NEss FELDMAN GOR.DONDERR Billing Policies. It also describes the other issues related to our firm's billing policies. These attached billing policies are part of this fee arrangement agreement: My current billing ratc.is $375. per hour and the rate of Duncan Green who will assist me on this matter is $260 per hour. We understand that the total fees and billings authorized by this engagement letter are limited to a maximum of $24;000. Any billings exceeding this amount will require City Council approval, The Seal€lo Office of Van Ness Feldman, A Limited Liabl€ily Partnership Mr. William Bloor - 2 - November 13, 2413 Conflicts To also assure mutuality of trust and avoid conflicts of interest, we maintain a database of former and current Clients. The Washington Rules of Professional Conduct ("RPC") define whether a past or present relationship with any other party prevents us from representing you as the Client in this matter. Based on information you have provided to us regarding parties with interests adverse to you in this matter, we have identified the following Adverse Parties and have checked the following parties against our database of former and current Clients: U.S, Army Corps of Engineers; Coastal Watershed Institute; Dry Creek Coalition; and Surfrider Foundation. Based on that conflict check, we have not identified any conflicts, and we can represent the City of Port Angeles. Please review this list to see if any other persons or entities should be included as Adverse Parties in this .matter. If you do not tell us to the contrary, we will assume that this list. of Adverse Parties is complete and accurate. We request that you update this list for us if you become aware of any changes in the future, including those caused by changes to the scope of our representation. Van Ness Feldman GordonDerr represents a number of public and private sector clients with diverse interests in land development, energy, natural resources and environmental regulation. These other representations may result in Van Ness Feldman GordonDerr advocating positions which conflict with the City of Port Angeles's interest in such areas. In particular, we represent private clients engaged in various development activities. In light of these disclosures and explanations and by executing a copy of this engagement letter, you agree that Van Ness Feldman GordonDerr's representation of the City of Port Angeles in the above-described matter will not prevent Van Ness Feldman GordonDerr from representing any present or future client, whether or not on a basis adverse to the City of Port Angeles including representation -in any other legal or legislative matter, so long as such matter is not the same as or substantially related to Van Ness Feldman GordonDerr's work on behalf of the City of Port Angeles in the above-described matter. This consent includes matters adverse to the City that involve an Administrative Appeal, defined to include proceedings before the Hearing Examiner, an administrative body such as the Planning Commission, or the City Council. This consent does not include Litigation, defined to include court proceedings and appeals to any state administrative tribunal. Written consentwill be required for any Litigation adverse to the City. Finally, our firm represents Clallam County PUD with regard to certain water right and water supply issues. This could involve our firm -being asked to participate in water contracting between Clallam County PUD and the City although there is no known adversity at this time. We have made a determination that we can proceed with representing the City and Clallam County PUD upon full disclosure and written consent. We do not believe our representation. of the City in this matter will adversely affect our existing representation of the PUD. The subject matters of the representations are unrelated, the applicable law and factual information involved in each representation are not likely to overlap, and the regulatory agencies involved in each representation are different. 48799-5 Mr. 'William Bloor - 3 - November 13, 201.3 New Matters When we are engaged by a new client on a particular matter, we are often later asked to work on additional matters. Such new matters may be subject to a new, signed supplement to this agreement, but if no revised agreement is executed, the same terms apply for all future matters unless revised in writing. Similarly, unless specifically noted in this agreement, this agreement does not cover and is not a commitment by either of us to undertake any appeals or other future phases of representation. Any such future work would also have to be mutually agreed upon in a signed supplement. Electronic Communication E-mail, Extranet and other forms of electronic communication are increasingly important business tools, and we make appropriate use of them in communication with our clients. However, there are risks associated with their use; While we have no reason to believe that our own e-mail or other electronic communication systems are not secure, you should be aware that the information sent or stored electronically might be accessed by third parties. We may when appropriate, communicate with you by e-mail unless you ask us not to. Please note that e-mail can be subject to delays and non-delivery; you should confirm with us that we have received and read your e-mail communications. We have measures in place to protect against sending and receiving viruses, but we cannot guarantee that these will be completely effective. Termination of this Agreement You have the right to end our services at any time. If you do so, you will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and costs in transferring the case to you or your new counsel. By the same token, we reserve the right to terminate our services to you consistent with the requirements of the Rules of Professional. Conduct upon written notice order or upon a court order. If we terminate our representation,. .. you, we will provide reasonable assistance to transition the matter to another attorney. Unless otherwise agreed, our representation shall be deemed terminated if Van Ness Feldman GordonDerr has not provided legal services to you for a period of one year. Client Files After the conclusion of this matter, Van Ness Feldman GordonDerr will offer to return any files to .you, If Van Ness Feldman GordonDerr does not receive instruction as to the disposition of these files within 50 days after said offer, you agree that Van Ness Feldman GordonDerr need not retain such files for more than three (3) years, after which it may destroy all such materials that do not have intrinsic value, You also agree that Van Ness Feldman GordonDerr may, at its own expense, retain a copy of materials in such files. Establishing the.Attorney-Client Relationship We have agreed to begin work on this matter on your behalf. If the letter meets with your approval, please sign, date and return one original of this by November 20, 2013. If you do not return this letter by this date, we will assume that.you do not.wish to have us continue our legal representation of you in this matter, and our representation will terminate. You will be 49799-5 Mr. William Blooir -4- November 13, 2013 responsible for any fees and costs incurred as a result of your request that we commence work prior to execution of this engagement letter. You are providing informed consent in agreeing to this letter. If you require additional information about the scope of this letter, or if you have any questions at any time about our services or billings, please do not hesitate to call me. We look forward to working with you. Very truly o rs, 3r C s0i _ Attachment AGREED AND ACCEPTED CITE' OF PORT ANGELES By. - Title; Date: y:Title:Date; 41 497995 VariWess Feldman GoronDer ATTORNEYS AT LAW SEATTLE, WA -.WASHINGTON, DC Millennium Tower 719 Second Avenue, Suite 1150 Seattle, Washington 98104-1728 (206) 623-4986 F (206) 623-9372 P VAN NEss FE LDMAN GORDONDERR Milling Policies Our experience has shown that the attorney-client relationship works best when there is mutual understanding about fees, expenses, billing, and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients should direct specific questions about a bill to the attorney with whom the client works most directly. Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm. Fres for Professional Services Unless otherwise agreed in writing, our fees for the legal work we will undertake will be based on time spent by personnel in our office on that client's. behalf. Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client's behalf, Time is accrued on the basis of actual time spent for all work. Our attorneys currently bill at rates from $250 to $595 per hour, our land use planners/project managers bili from $185 to $220 per hour, Law Clerks from $150 to $200 per hour; and our graphics. specialists and paralegals bill at rates from $80 to $225 per hour. These hourly rates are adjusted periodically to accommodate rising firrri casts and to reflect changes in attorney status as lawyers attain new levels of legal expertise. Any increases resulting from such adjustments will be instituted automatically and will apply to each affected client. Notice of fee increases will be contained in the first month's billing. for which the increase was applied. Occasionally, monthly statements are adjusted upward or downward pursuant to factors such as result achieved, time pressures imposed by client or by the nature of the matter, and nature and length of professional relationship with client. In special circumstances., which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client. Fees for Other Services, Costs and Expenses We attempt to serve all our clients with the most effective support systems available. Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include, but are not limited to; mileage in excess of 30 miles per trip at the business. mileage rate calculated by the IRS (currently, 5 6,5 0 per mile), extraordinary telephone and document delivery charges, conference call charges, staff overtime required to meet a client deadline, copying charges at $.17 per copy ($.50 per color copy) for in-house copying and "at cost" including taxes The Seattle Office of Van Ness Feldman, A i.lmited Liability Partnership for outside copying services, specialized computerized research, court filing fees, and other court -related expenditures including court reporter and transcription fees. No separate charge is made for routine computer research or routine secretarial or word processing services; those costs are included within the above hourly rates. We may need to advance costs and incur expenses on your behalf on an ongoing basis, including, but not limited to, costs such as filing fees, or fees for necessary experts, consultants, or services related to your matter. These items are separate and apart from attorneys' fees. Generally, we will advance nominal costs and bill you for them at the end of the month. These additional costs including taxes will be included as a separate item on your monthly statement. You, as the client, are responsible for these costs. They are not the responsibility of this firm. You shall be responsible to reimburse the Firm for these advanced costs..If substantial costs arise, we will arrange for you to pay them in advance or be billed directly by the appropriate party, Monthly Invoices and Payment Van Ness Feldman GordonDerr provides its clients with monthly invoices for legal services performed and expenses incurred. Each monthly invoice reflects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client's behalf that have been processed by the end of the prior month. Processing some expenses may be'delayed until the next month and will be billed on the next invoice. Our fees are not contingent upon any aspect of the representation, All billings are due and payable within twenty days of presentation unless the full amount is covered by the balance of an advance fee deposit held in our trust account. If.a bill is not paid within 3.0 days, a late charge of one percent per month ori :the unpaid invoice may be added to the balance owed, commencing with the next statement and continuing until paid. It is our policy to treat every question about a bill promptly and fairly. It is also our policy that, if a client does not pay an invoice within 60 days of mailing, we may advise the client by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. This same policy applies to fee arrangements that require the client to replenish .fee deposits or make deposits for anticipated costs. If you have any questions about an invoice, please contact us as soon as you receive the bill, so we may address your questions promptly. Changes in Fee Arrangements and Budgets It may be necessary under certain circumstances for a client to increase .the size of required advances for fees after the commencement of our engagement and due to changes in the scope of work. For example, prior to a protracted trial or hearing, the firm may require a further advance fee deposit to the firm's trust account sufficient to cover expected fees and costs. Any such changes in fee arrangements will be discussed with you ad will be mutually agreed upon. Any such agreement will be documented in writing at your requfest. While we may, from time -to -time, endeavor to estimate accurately your total fees and costs in handling a matter, we always caution clients that such estimates are subject to uncertainties that the attorney and the client cannot always control. Our monthly billing statements will serve to keep you advised of the legal services provided and the actual cost of such representation. Fee Disputes and Arbitration Should any fee dispute arise that cannot be resolved between us, we both. agree to submit the fee dispute to binding arbitration. (Lust updated 08/21/131