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HomeMy WebLinkAbout5.804 Original Contract Cascad ia law Group ENVIRONMENTAL ATTORNEYS 5. &' D<t May 2, 2006 ORIGINAL ~~~~~~~[Q) OCT 3 0 2006 PORT ANGELES LEGAL DEPARTMENT William E. Bloor City Of Port Angeles 321 East Fifth Street P.O Box 1150 Port Angeles, WA 98362-0217 RE: Legal Representation Dear Bill: On behalf of Cascadia Law Group PLLC, I would like to thank you for selecting us to represent you Our ultimate goal is to give you legal representation that provides value to your business. If at any point in this engagement you have questions about our work on your behalf, do not hesitate to call me directly at (209) 292-2605. Again, thank you for selecting Cascadia Law Group. The remainder of this letter sets forth the basic terms upon which you have engaged us to represent you. 1. Scope of Enqaqement In general, you have requested that we help you in the acquisition, cleanup, and redevelopment of the Rayomer paper mill site in downtown Port Angeles. 2. Billinq Policies and Procedures. Enclosed is a copy of our firm's Billing Policy Statement, which explains the basis of our bills. This Policy Statement describes the manner tn which we compute our fees, the relevance of hourly rates, and other factors used to determine a reasonable fee for our services, the payment of disbursement items, the timing and content of billing statements, and the expected payment period As noted tn our Policy Statement, we do not pass on charges to our clients for routine tn-office cOPYing, telephone calls, or faxes. We also afford our clients the opportunity to make value adjustments to their bills, either up or down. Hourly rates are the major determinant of our fees, as explained more fully in the enclosed Billing Policy Statement. Our hourly rates presently range from $170 per hour for our newer lawyers to $345 per hour for our more senior and experienced attorneys. We presently anticipate that the primary services will be performed by me, and my current hourly rate is $345 Because our firm understands the finanCial needs of government clients, we offer a 10% discount on all attorneys' rates. ThiS discount will be entered in our billtng system for all of your bills Staffing deCisions will be made only after Cascadia Law Group PLLC SEATTLE 1201 Third Avenue SUite 320 Seattle. WA 98101 (206) 292-6300 vOice OLYMPIA 606 Columbia Street NW SUite 212 Olympia, WA 98501 (360) 786-5057 vOice William E Bloor Page 2 consultation with you, with the objective of rendering services to you on the most efficient and cost-effective basis. We reassess our hourly rate schedules from time to time, and adjustments are made when we believe such adjustments are appropriate. These adjustments may be reflected in the billing rates utilized to determine our charges to you during the course of our engagement. 3. General Responsibilities of Attorney and Client Cascadia Law Group will provide the above-described legal services for your benefit, for which you will be billed in the manner set forth above. We will keep you apprised of developments as necessary to perform our services and will consult With you as necessary to ensure the timely, effective, and effiCient completion of our work. We understand that you will provide us with such factual information and documents as we require to perform the serVices, will make any business or technical decisions and determinations as are appropriate to facilitate the completion of our services, and will remit payment of our billing statements within thirty (30) days of receipt, in accordance with the procedures described above. 4. Waiver of Future Conflicts This will also confirm that you have retained us only In connection with the Rayonier proJect. We would, of course, be interested in establishing a broader relationship with you; however, in light of the limited representation involved in this matter, we would appreciate confirmation that we are free to represent clients or take positions adverse to either your company or an affiliate In matters which are not substantially related to matters for which you have retained us We are delighted to be asked to provide legal services to you, and we are looking forward to working with you on this engagement. Should you ever wish to discuss any matter relating to our legal representation, please do not hesitate to call me directly or to speak to one of our other attorneys who is familiar with the engagement. While ordinarily we might prefer a less formal method of confirming the terms of our engagement, it has been our experience that a letter such as this IS useful both to the firm and to the client. Moreover, in certain Instances, the firm is required by law to memorialize these matters In writing. In any event, we ask that you review this letter and the enclosed Billing Policy Statement carefully and, if it comports with your understanding of our respective responsibilities, so Indicate by returning a signed copy of this letter to me at William E. Bloor Page 3 your earliest convenience. Obviously, if you have any questions concerning these matters, please let me know promptly. We look forward to serving you and thank you for looking to us to assist you in this matter. With best regards. Sincerely, ~ Rodney L. Brown, Jr Direct Line (206) 292-2605 Emall rbrown@cascadlalaw com Office Seattle RLB:ml Enclosure APPROVED AND AGREED TO: By IZf-L ~ "1::::;: Title C-'7 IU 146~ Date 31 oc:JOiu-v Cl-oo b Cascadia Law 'Group ENVIRONMENTAL ATTORNEYS TO: OUR CLIENTS RE: BILLING POLICIES AND PROCEDURES Thank you for asking Cascadia Law Group PLLC to help you with your legal needs. Our attorneys and professional staff strive to provide each of our clients with unparalleled legal services and to deliver success in each and every case. We back this up with a billing system, described below, that allows each client to make adjustments to its bills based on its degree of satisfaction with the value received from our services. Of course, if at any point in this engagement you have questions about these billing policies and procedures or about our work on your case/matter, please do not hesitate to contact the attorney responsible for your case or matter, Rodney L. Brown, Jr., at (206) 292-2605 or rbrown@cascadialaw.com. **** DescribinQ Services and Value A key dimension of our commitment to client service is ensuring that the fees we charge our clients are consistent with the value we bring to each project. In order to determine the value of our serVices, we ask each lawyer, paralegal, and other profeSSional staff member to submit detailed time records for each specific task when they provide legal services. Before a bill IS rendered, all time records are reviewed by the attorney responsible for the engagement and by each attorney and paralegal who worked on the matter. ThiS is meant to ensure the accuracy and fairness of the time billed. Each indiVidual who submits time records has an hourly billing rate that we believe is a fair reflection of his or her knowledge, skill, and experience. Billmg rates are generally reviewed and evaluated annually and may be adjusted based on our evaluation. Adjustments to rates may also occur, after consultation with the client, due to other circumstances relevant to the engagement. We view billing rates as a benchmark, and not as the sole determinant of the value of our services for billing purposes Our billmg statement will reflect the fair value of our services as determined by the billing attorney, taking into account the time records for the matter, the types of services we have been asked to perform, any special level of expertise required, any unusual time pressures, the size and scope of the matter, and other relevant circumstances . . Alternative BillinQ ArranQements This memo describes our approach to pricing under the more traditional "rate times hours" approach (with appropriate value adjustments). Increasingly, however, we have found that clients can benefit from alternative pricing methodologies We encourage our clients to work with us to establish creative billing arrangements. We focus on getting results, and we are confident enough about our abilities that we want to share In the risks and rewards of our clients' cases. Therefore, in appropnate circumstances, we offer alternative billing arrangements to underscore our commitment to superior client service, and we encourage you to approach us with proposals for non-hourly pricing. Disbursements In addition to our legal fees, we charge separately for certain costs and expenses incurred on your behalf. Unlike most law firms, we do not charge for many basic costs, including in-house photocopying and faxing. We also do not charge for routine postage or long-distance telephone calls. When we do bill for other items such as conference calls, computerized research on commercial databases, messengers, filing fees, deposition transcripts, etc., we will only bill you for our actual costs and will not add an administrative overhead 'fee. Under some circumstances, we may ask that you advance funds for certain large disbursements such as experts, large filing fees, etc., outside our normal monthly billing cycle. We make every effort to post timely disbursement expenses in the billing statement covering the month In which they were incurred. However, some disbursements may not be available in the billing system until the following month and will be included during the next billing cycle. If the billing IS transactional in nature, an estimate of unposted disbursements in addition to an estimate for unposted fees may be included in the closing bill. Retainers It IS our policy to obtain a prepayment from new clients and, in some instances, from existing clients. The amount and terms of the prepayment are determined by our Business Review Committee in consultation with the attorney responsible for your case or matter. These funds will be held in our client trust accounts in compliance with policies and procedures established by the state bar association. It may be necessary to require an advance payment after the commencement of the engagement or request that a prior payment be replenished or increased dependIng on payment history or the scope of the work. For example, prior to a lengthy trial, we may require the posting of a payment suffiCient to cover expected legal fees and costs or in certain business transactions, we may ask 2 that a payment be submitted for substantial out-of-pocket costs Incurred on your behalf. Experts and Consultants We are willing to hire experts or consultants directly in order to preserve the attorney-client privilege for your benefit However, while we may contract with these experts or consultants ourselves, we expect them to look to you for payment. We will gladly forward all invoices and documentation to assist your accounting department in making payment to them. Fee Estimates Upon your request, we will provide you with an estimate of anticipated fees. Any such estimate, whether for budgeting purposes or otherwise, is only a preliminary approximation based on facts that are currently available and the currently anticipated level of work required to complete the engagement. In no event is an estimate to be construed as a commitment of the firm to render services at a mInimum or maximum cost. Billina Generally, our billing statements are prepared and forwarded to you on a monthly basis covermg time and costs for the prior month. Our billing statements may include a "cost of funds" charge on those matters that are not billed monthly, which covers our carrying costs, or we may ask for progress payments. All progress payments will be reflected on the closing bill that will be rendered at the completion of the transaction. If requested, we will forward our billing statement to a third party designated by you who IS assuming payment responsibility of your legal bills (for example, an insurance carrier who holds your lIability coverage). In the event that timely payment IS not received from the third party, we will look to you for payment of our legal fees. Value Adjustments to Our Bills Client satisfaction is our number one goal. Towards this end, our billing system is designed to allow our clients to make adjustments to our bills based on their satisfaction with the value they received from our services. Consequently, when you receive our bill you may mark the bill down or up to reflect your degree of satisfaction WIth the value receIved. You may do so without calling the attorney in charge of your case or matter, though we would, of course, appreciate any substantive input-whether positive or negative-that you would be willing to share. Feel free to call our Executive Director, Eric Giles, at (206) 292-2616 if you wish. 3 Payment Terms Our billing statements are due and payable within thirty (30) days of receipt. Clients whose statements are not paid within this period may have a late charge assessed on the unpaid balance at the rate of 1 % per month. The intent of the late charge is to assess on an equitable basis the additional costs incurred by the firm in carrying past due balances All payments should be sent directly to the following address: Cascadia Law Group PLLC, 1201 Third Avenue, Suite 320, Seattle, Washington 98101. **** We assure you that it has always been and will continue to be our goal to provide legal services to you on the most cost-efficient basis possible. If at any time you wish to discuss our billing policies and procedures or a specific bill, we encourage you to contact the attorney responsible for your case or matter. Our Executive Director, Eric Giles, can also provide general assistance in responding to billing inquiries. HIs direct dial number is (206) 292-2616. Once again, thank you for turning to Cascadia Law Group PLLC for your legal representation. We look forward to a productive and enjoyable relationship with you. 4 Amendment to Agreement Between City of Port Angeles and Cascadia Law Group This amendment is entered into this of December, 2012 by and between the City of Port Angeles "City and Cascadia Law Group "Contractor For and in consideration of the mutual benefits to be derived herefrom, the Parties recite, covenant, and agree as follows: 1. The Parties entered into an agreement for legal services on October 31, 2006. The 2006 agreement is incorporated by this reference and may hereafter be referred to as "the Agreement." 2. The scope of work subject to the Agreement is amended to include the fol lowing: As assigned by the City Manager from time to time, legal assistance and advice on issues arising from or related to the Rayonier cleanup site. As assigned by the City Manager from time to time, legal assistance and advice on issues arising from or related to the harbor cleanup. As assigned by the City Manager from time to time, legal assistance and advice on other legal and environmental issues of concern to the City. 3. All other terms of the Agreement remain unchanged. 4. As amended, the Agreement is ratified and confirmed. IN WITNESS WHEREOF, the parties have executed this Amendment to the original Agreement in duplicate. CITY OF PORT ANGELES BY: BY: Dan McKeen, City Manager Rod Bro Date: to I 'i h a Date: APPRO ED AS TO FORM: Wi lham E.`or, City Atto(ney ATTEST: /1 J essa Hurd, City Clerk G' \LEGAL \a AGREEMENTS &CONTRACTS\2012 AGRMTS &CONTRACTS \Cascadia Law 11 28 12 docx 1 CASCADIA LAW GROUP 5.804 AMENDMENT 1