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Home My WebLink About001049 Original ContractCity of Port Angeles Record # 001049 Peter J. Egliek eglickLq?ekwlaw.com March 24, 2016 Via Email: dnnekcenncityofpa.us Dan McKeen City Manager City of Port Angeles PO Box 1150 321 E. Fifth Street Port Angeles, WA 98362 Re: Engagement Agreement for Legal Services Dear Manager McKeen: Some formalities are necessary in entering into a lawyer /client relationship. This letter is one of them. Therefore, please excuse its business -like tone, read it carefully, and, if it is agreeable, sign and return to us the enclosed copy. if you have any questions regarding its contents, please call me. These terns and conditions cover our services in connection with this specific matter. I . Scope of Work. Provide legal services for the City in the form of review of the Bloor ethics complaint filed February 24, 2016 and provide an independent legal analysis of whether there were any ethics violations under contexts such as the Rules of Professional Conduct for attorneys, Washington State law on public employee conduct, and the City of Port Angeles Policies and Procedures section titled ethical rules. 2. Handing, of Work. I will be lead in this smatter. At the same time, certain support aspects of a case or matter may be delegated to other attorneys, paralegals or legal assistants for reasons such as economy or efficiency. 3. Conduct of the Matter. We, as lawyers, will provide legal services to the City in accordance with this letter and in reliance upon information and guidance provided by the City. We will keep the City, through the City Manager, informed of progress and respond to his inquiries. Please be assured of the confidentiality of any communications from the City to me, my partner Joshua A. Whited, staff,, or other attorneys in the firm. 4. Client Cooperation. To enable us to provide an informed opinion, the City will fully and accurately disclose all facts and documents that may be relevant to the matter. 1000 Second avenuc, Suite 3130 Seattle, W:ishin; ton 98104 Iduph"me 200.44'1.1069 • www.Awlaw.cann • facsimile 106A41.1099 EGLICK KIKER WHITED PLLC March 24, ?016 Page 2 of 3 5. Fees. Our fees will be based on the amount of time spent on your behalf. Each timekeeper (attorneys, staff) has an hourly billing rate and our fees will be based on that rate multiplied by the time expended, measured in tenths of an hour. My rate for this matter will be $300.00 per hour. To the extent my partner Joshua A. Whited participates in the matter, his time will be billed at $275.00 per hour. Associate attorneys will be billed at $250.00 per hour. Other timekeepers (e.g. paralegals) who may work on this matter will be billed at commensurate rates, generally between $75.00 and $95.00 per hour. Our billing rates are subject to increase, no more often than annually. When and if an hourly rate increase is instituted, we will give thirty (30) days' advance written notice of any increase in hourly rates. Upon receiving such notice, the City may notify us that you wish to terminate our services. We will charge the City for time spent on the matter, including telephone or in- person conferences and consultations, research, drafting of documents as well as court /administrative forum appearances where these are part of our work for you. The maximum compensation from the City for services provided pursuant to the Agreement is $10,000. 6. Costs. It is unlikely that significant costs will be incurred on behalf of the City in this matter. That said, in general, our policy is that certain significant expenses and costs were they to arise would not be advanced by this office, at its discretion. These include, for example, costs for court reporters for depositions or transcripts, accountants, appraisers, actuaries, investigators and other expert witnesses. Retention of the services of these parties and payment to them of their required fees and /or retainers is the client's responsibility and the client may be asked to make arrangements directly for their payment. Other costs such as filing fees, witness fees, process service, postage, electronic database and legal research charges, travel expense, printing, photocopying, delivery /messenger and long distance telephone charges may, within our discretion, be advanced by us subject to reimbursement by the City. 7. Billing. Our statements will be sent to the City approximately monthly when there is an unpaid balance. These will include a narrative of the preceding period together with an itemization of expenses we have incurred. The City agrees to pay promptly the charges shown on those statements, generally within thirty (30) days of receipt of the statement. If there is a disagreement with a statement or questions about it, please contact us immediately. Interest will not be charged on any amounts not paid by the due date in the amount of one percent (I %) per month (12% per annum) with a minimum monthly charge of $1.00. In the event any collection action is necessary to recover amounts owing to the firm, the prevailing party will be entitled to recover collection costs, including reasonable attorney's fees. Any collection actions 1000 Second Avcmuc, Suitc 3130 Seattle, A \1'ashim ton 98104 icichhonc 206.441.100 www.cicwlaw,cnm fiwsimilc 206.4.11.1089 EGLICK KIKER WHITED PLLC March 24, 2016 Page 3 of 3 may, at our option, be filed in King County Superior Court. Failure to pay amounts owing to this firm may, after notice, result in withdrawal and termination of our services. 8. Termination and Withdrawal. The City may terminate our services at any time by giving us reasonable notification. Termination of our services will not affect client responsibility for payment of outstanding statements and fees and expenses incurred before we receive notice of such termination, client responsibility for charges of third parties we have engaged, or client liability for fees and expenses incurred in connection with an orderly transition of the matter to other counsel, where necessary. Consistent with applicable standards of professional conduct or rules of court, we may withdraw if the client fails to fulfill any obligations under this agreement. 9. Agreement Execution. Much of this letter has centered on the subject of attorney's fees and costs. While the subject of fees and costs and of our mutual responsibilities may seem unduly commercial, it is best addressed at this time. This will ensure that we are able to devote our time and energy to the pursuit of the assignment unimpaired by any misunderstanding that might otherwise arise. Please call us if there are any questions, comments or concerns regarding this engagement or our representation. Otherwise, please fill out and execute the "agreed and accepted" block on the enclosed copy of this letter to indicate agreement to the terms and conditions stated above. Once again, we are pleased to have this opportunity to work with the City on this matter. Sincerely, EGLICK KIKER ITED PLLC i 'e NJ. lick Agreed and accepted: By: ; Print Name: —_ Phone: 1� i Em ai 1: 1000 SCCOIId AVCIItW, Suite 3130 Seattle, Washington 98101 icicph,mc 206AAIA069 lac;imilc 206A41.1o89