HomeMy WebLinkAbout5.376L Original ContractTHIS AGREEMENT is made between BENTON RURAL ELECTRIC ASSOCIATION,
WASHINGTON; CITY OF PORT ANGELES, WASHINGTON; CITY OF ELLENSBURG,
WASHINGTON; CITY OF MILTON, WASHINGTON; TOWN OF EATONVILLE,
WASHINGTON; TOWN OF STEILACOOM, WASHINGTON; ALDER MUTUAL LIGHT
COMPANY, ELMHURST MUTUAL POWER AND LIGHT COMPANY, WASHINGTON;
LAKEVIE MIGHT AND POWER COMPANY WASRINGTON; OHOP- MUTUAL LIGHT
COMPANY, WASHINGTON; PARKLAND LIGHT AND WATER COMPANY,
WASHINGTON; PENINSULA LIGHT COMPANY, WASHINGTON; TANNER ELECTRIC
COOPERATIVE, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM
COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO: 1 OF CLARK COUNTY,
WASHINGTON; PUBLIC UTILITY DISTRICT NO.1 OF GRAYS HARBOR COUNTY,
WASHINGTON; PUBLIC UTILITY DISTRICT OF KITTITAS COUNTY, WASHINGTON;
PUBLIC UTILITY DISTRICT NO. 1 OF LEWIS COUNTY, WASHINGTON; PUBLIC
UTILITY DISTRICT NO. I OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY
DISTRICT NO. 3 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO.
2 OF PACIFIC COUNTY, WASHINGTON, SKAMANIA COUNTY PUBLIC UTILITY
DISTRICT, AND WAHKIAKUM COUNTY PUBLIC UTILITY DISTRICT NO. 1 (Public
Utilities); and MARSH MUNDORF PRATT SULLIVAN McKENZIE (Attorney) for the
provision of legal services and the payment Of compensation as specified herein.
WHEREAS, the Public Utilities presently purchase electric power from the Bonneville
Power Administration ($PA) pursuant to wholesale rate schedules determined by BPA after
public hearing pursuant to Section 7 of the Pacific Northwest Electric Power Planning and
Conservation Act (Act);
WHEREAS, BPA is considering adoption of various policies, rate forms and long -term
contracts which would have a major impact on the wholesale rates of the Public Utilities, and
WHEREAS, BPA is preparing to conduct hearings and public processes to decide issues
which will affect Bonneville's wholesale rate schedules and Power Sales Contracts for the Public
Utilities; and
WHEREAS, the Public Utilities wish to actively participate in these hearings and
processes to protect the interests of their ratepayers, and
WHEREAS, the Public Utilities may wish to diversify their power supply sources,
It is Therefore Agreed That:
LEGAL SERVICES AGREEMENT
1. The Attorney shall advise, assist and appear on behalf of the Public Utilities in
hearings and public processes relating to issues set forth Exhibit A referenced
herein attached and as directed by the Public Utilities.
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2. Public Utilities shall compensate the Attorney for these services at an average
hourly rate not to exceed $165.00 for associates, and $175.00 for partners. Out
of- pocket expenses, such as telephone, telecopy, copying and postage, and
reasonable and necessary travel expenses shall be in addition to the hourly rate.
The Attorney shall send each of the Public Utilities an itemized statement for
legal services rendered and out -of- pocket expenses on a monthly basis.
3 .The A and out-ofpocket expenses incurred hereunder shall -be- divided
among the Public Utilities according to the formulas attached in Exhibit A.
4. The activities encompassed by this Agreement are set forth in Exhibit A attached
hereto, No other activities shall be undertaken without prior authorization of the
Public Utilities. It is understood that the length and amount of work necessary in
these proceedings is unique and the cost may exceed these estimates.
5. Files of the Attorney relating directly to the foregoing legal services shall be
available for examination by the authorized representative of the Public Utilities
or their attorneys and shall, upon reasonable request, be turned over the Public
Utilities if the Attorney ceases to act as attorney for the Public Utilities.
6. Because the attorney client relationship is dependent upon mutual trust and full
confidence, an individual Public Utility, the Public Utilities collectively, or the
Attorney may terminate this Agreement at any time upon written notice.
Date: January 12, 2010
Date: By
ManCger
MARSH MUNDORF PRATT SULLIVAN McKENZIE
Terence L. Mundorf
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