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HomeMy WebLinkAbout001055 Original ContractCity of Port Angeles Record # 001055 AGREEMENT FOR LEGAL SERVICES I. PARTIES This Agreement is made on this 14 day of March, 2016, between the City of Port Angeles ( "City") and Kenyon Disend, PLLC ( "Attorneys "). II. SERVICES OF THE ATTORNEYS Attorneys shall provide the legal services set forth in this Agreement and shall represent Cherie Kidd and Dan Gase ( "Clients "). Michael R. Kenyon is the Kenyon Disend, PLLC attorney who will direct the legal services provided under this Agreement. Attorney client relationship exists between Attorneys and Clients, and does not extend to City or to other City elected or appointed officials. III. QUALITY OF SERVICES Attorneys shall perform all legal services covered by this Agreement in a capable and efficient manner, and in accordance with the professional standards of the Washington State Bar Association. IV. SERVICES PROVIDED Attorneys shall provide legal services related to the review of and response to complaints filed with City against Clients pursuant to Port Angeles Municipal Code Chapter 2.78. V. FEES AND COSTS City shall be billed for legal services at Attorneys' hourly rates. Attorneys' hourly rates for services through December 31, 2016, including necessary travel time, are attached hereto as Exhibit A. Attorneys' hourly rates for subsequent calendar years shall be provided to City on or before November 1 of the immediately preceding calendar year. The maximum compensation from City to Attorneys for services provided pursuant to this Agreement is $20,000. In addition, Attorneys will charge City fifteen cents per page for photocopying and printing, and twenty -one cents per page for color photocopying and printing, and shall be reimbursed for legal messenger services, postage, filing fees advanced on City's behalf, and other direct expenses. Attorneys shall not bill City nor be entitled to payment for telephone or mileage expenses incurred in the perfonnance of its duties. VI. PAYMENT TERMS Fees and costs are due in full from City upon billing by Attorneys. A service charge shall accrue at the rate of 12% per annum, but shall only be added to any balance remaining unpaid sixty (60) days after the statement date. 1 _U901 __1_ Attorneys will maintain accurate time records describing the services performed and the dates upon which said services were performed, and shall provide a monthly statement to City setting forth the time expended for such services. VIII. AGREEMENT PERIOD This Agreement shall remain in effect until terminated. Each party shall have the right to terminate this Agreement upon thirty days written notice. IX. INDEMNIFICATION/HOLD HARMLESS Attorneys shall defend, indemnify and hold City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of Attorneys in performance of this Agreement, except for injuries and damages caused by the sole negligence of City. X. INSURANCE Attorneys shall maintain for the protection of City a professional errors and omissions insurance policy with minimum coverage of one million dollars per claim and three million dollars annual aggregate. CITY OF PORT ANGELES By: _ Dan K. McKeen, City Manager 2 KENYON DISEND, PLLC i By: l lv Michael R. Keny , u 1 EXHIBIT A KENYON DISEND, PLLC HOURLY RATE SCHEDULE THROUGH DECEMBER 31, 2016 ATTORNEYS: Partners and Senior Attornevs: Michael R. Kenyon $345.00 Bruce L. Disend $345.00 Kim Adarns Pratt $310.00 Robert F. Noe $310.00 David A. Linehan $300.00 John "Jay" Long, Jr. $290.00 Associate Attornevs: Rachel B. Turpin $210.00 Ann Marie Soto $210.00 Charlotte A. Archer $205.00 Amy S. Mill $185.00 Alexandra L. Kenyon $165.00 PARALEGALS: Margaret C. Starkey $150.00 Sheryl A. Loewen $120.00 Pam M. Odegard $120.00 Kathy I. Swoyer $120.00 Terry T. Curran $120.00 Antoinette M. Mattox $110.00 3