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Home My WebLink About4751 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4751 GORDONDERR LLP SERVICES Overwater Boardwalk/Water Right & Supply Issues Legal LEG 12-1 08/22/2008 06/15/2010 Review date for tracking only Supplemental Letter dated 11/08 GardanOe", ....,;',;.:,~.;....c......,..,...,> ....... ,,,....~.. t,J;.~*:t:. , ATTORNEYS AT lAW October .3 1, 2008 Mr. Kenneth Bagwell Assistant City Attorney City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337 Re: Engagement of GordonDerr LLP Services Dear Mr. Bagwell: Thank you for coming to Seattle to meet with me last Tuesday. I enjoyed meeting with both you and Kathleen Cahall and discussing City water issues. We are pleased that you have selected GordonDerr LLP to represent you with water right and water supply issues. This letter confirms that we will open a new matter under our existing representation of the City. From my conversation with you and Ms. Cahall, we understand that we will represent the City in connection with water rights and water supply matters. This letter supplements the August 15, 2008 letter from Brent Carson to Roger Lubovich setting forth the terms of our representation. Terms of that August 15 letter are incorporated by reference here (e.g., conflict waiver as to private clients, rates, etc.). To also assure mutuality of trust, we maintain a conflict of interest index. The Washington Rules of Professional Conduct (RPC) defines whether a past or present relationship with any party prevents us from representing you. Similarly, your name will be included in our list of clients to ensure we comply with the RPC with respect to your representation. Based on information you have provided us for this matter, we have checked the following additional names against our conflict of interest index: Washington Department of Ecology, the Suquamish Tribe, Ms. Laura Overton. Based on that check, we have not identified any conflicts and we can represent you. Please review the list to see if any other persons or entities should be included. If you do not tell us to the contrary, we will assume that this list is complete and accurate. We reqw:st that you update this list for us if you become aware of any changes in the future, ill-':; lod; ng those caused by changes to the scope of our representation, as described herein. , ,~ , , >. ~1 i : i .1 I : If', "Ii:' I; ~~ i ' I,' 1111> '.^it. t/l :~l:l() .)1;1) l~.:> 'j~;,':I,1 l:lr J:'h L?h 1)1",'~1 ~'V I'i (~(1! 11 i) n Il \; r i ,,11111 .' [VIr. Kenneth Bag\vell I October 31, :W08 I I' the letter meds with your approval. pleasc sign, datc and rdurn onc original or this letter. II' you ha\c any qucstions at any time ahout our scn'ices orbillings, please do not hesitate to callmc, \Vc look forward to working with) ou, V cry truly yours, GORDONDERR LLP (;i/ Q . L4t:A- It Y Adam W. Gravley cc: Kathleen Cahall AGR!JID~TED _~ _. 'c-- ---~------. B"" - ....- - J:>' '0, '. ty of Breme on .__C' ._~,___ Name: if?<:" a'l- L.. '" l.s " V Ie if- Dated: t-J c...1v' L Q ?c:u({ \ \\I'JjRI.\1I RI()~W\III( !,',(;.\\d',\1I ~'II.I'III R IIJ)IO~ nul', Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4751 GORDONDERR LLP SERVICES Overwater Boardwalk Project Legal LEG 12-1 08/22/2008 06/15/2009 Review date for tracking only GordonDerr ---, "'" t ';. ~~ -.;.;;;.:). ~. .~~. ATTORNEYS AT LAW Brent Carson ), August 15, 2008 Mr. Roger Lubovich City Attorney City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337 RECEIVED AUG 1 8 2008 City Of Bremerton Clfy Attorney's Offlce Re: Engagement of GordonDerr LLP Services Dear Roger: We are pleased that you have selected GordonDerr LLP to represent you. We look forward to a valued relationship with you and successfully achieving your goals. This letter constitutes our agreement setting forth the terms of our representation. Scope of Our Representation From my conversation with you, we understand that the City of Bremerton ("City") is the entity we will be representing. Specifically, we will represent the City in connection with issues regarding an overwater boardwalk project located in the City. Fees and Billings My current billing rate is $395 per hour. The billing rates for other attorneys and timekeepers are referenced in the attached document entitled "GordonDerr LLP Billing Policies." TIe document also describes the other aspects of our firm's billing policies. These attached billing policies are part of this fee arrangement agreement. Conflicts To also assure mutuality of trust, we maintain a conflict of interest index. The Washington Rules of Professional Conduct (RPC) defines whether a past or present relationship with any party prevents us from representing you. Similarly, your name will be included in our list of clients to ensure we comply with the RPC with respect to your representation. Based on information you have provided us, we have checked the following names against our conflict of interest index: City of Bremerton; The Suquamish Tribe; United States Army Corps of Engineers; Washington State Department of Ecology; Washington State Department of Fish and Wildlife. Based on that check, we have not identifled any conflicts and we can represent you. Please review the list to see if any other persons or entities should be included. If you do not tell us to the contrary, we will assume that this list is complete and 2025 First Avenue. SUite 500, Seattle, WA 98121-3140 206-382-9540 fax 206-626-0675 wwwGordonDerr.com Mr. Roger Lubovich 2 August 15, 2008 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, as described herein. Because GordonDerr LLP represents several private clients engaged in various development activities throughout the State of Washington, it is our policy when being retained by any municipal client to request consideration of the following pre-waiver of conflicts to provide greater et1iciency with respect to future matters for private clients potentially adverse to the municipality. We ask the City to consent to and waive potential conflicts pursuant to Sections 1.7 and 1. 9 of the Washington Rules of Professional Conduct regarding GordonDerr LLP's representation of future private clients in matters adverse to the City as follows: (1) This consent does not include matters involving the same matter or any matter substantially related to the subject of this representation. Written consent from the City will be required for representation of any client adverse to the City involving the same matter or any matter substantially related to the subject of this representation. (2) Except as set forth in subparagraph (4) below, 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. (3) This consent does not include Litigation, defined to include court proceedings and appeals to any state administrative tribunal. Written consent will be required for any Litigation adverse to the City. (4) Prior to filing any Administrative Appeal (or the filing of Litigation for which written consent has been received from the City), GordonDerr LLP will notify the City in . writing (including electronic mail) that it has adopted an ethical screen to ensure that timekeepers and files related to the potentially adverse matter are separated from those related to the subject representation. (5) If Brent Carson or another GordonDerr timekeeper who is working on this matter for the City is or could be working on the potentially adverse matter, GordonDerr LLP will request a written conflict waiver from the City for the potentially adverse matter prior to the filing of any Administrative Appeal. The City, at its sole discretion, may waive potential conflicts that do not involve this matter on the condition that GordonDerr LLP adopt an appropriate ethical screen. (6) For potentially adverse matters that do not involve Brent Carson or another GordonDerr timekeeper who is working on this matter, GordonDerr will notify the City in writing (including electronic mail) that it has adopted an ethical screen for the potentially adverse matter at or before the time that GordonDerr LLP or its client files an Administrative Appeal (or Litigation for which written consent from the City has been received). (7) Any ethical screen adopted for this matter will bar communications between GordonDerr timekeepers who are working on this matter and those working on the potentially adverse matter if the communications relate to either matter. Any ethical screen adopted for this matter will bar sharing of documents between GordonOerr timekeepers who are working on this matter and those working on the potentially adverse matter that relate to either matter and will require that appropriate warnings be placed on files related to this matter. Y \WI'\Ili{H1Ei{TONIL081508 FEE LTi{ Be DOC Mr. Roger Lubovich 3 August 15, 2008 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 collection procedures. Any such future work would also have to be 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 them. 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 bye-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 wiII be completely effective. Civility in Litigation In litigation, courtesy is customarily honored with opposing counsel, such as extensions to file pleadings or responses to other deadlines, when such courtesies do not jeopardize a sj:'ecific client interest, such as an external business deadline. In our experience, the reciprocal extension of such courtesies saves our clients' time and money. By signing this letter, you will be confirming your approval of this practice in your case. Termination of this Agreement You, of course, have the right to end our services at any time. If you do so, you wiII 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 of the court, or in accordance with our attached memorandum. If we terminate our services to you, we wiII provide a limited amount of work to transition the matter to another attorney. Such termination could happen if you fail to pay our fees and costs as agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent you for ethical or practical concerns. Client Files If you do not request the return of your files, we will retain your files for seven years. After seven years, we may have your files destroyed. If you would like your files maintained for mc:>re than seven years or returned, you must make separate arrangements with us. y IWPIIlREMERTONILOH I "J! FEE LTR BC DOC Mr. Roger Lubovich 4 August 15, 2008 Establishing the Attorney-Client Relationship We have agreed to begin work on this case on your behalf. To that end, we have provided you with duplicate originals of this letter and a self-addressed, stamped envelope. If the letter meets with your approval, please sign, date and return one original of this letter by August 29, 2008. 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 end. 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 yours, - BC:LKL Attachment ::REE~A~ City of Br~erton Dated:~51 <.. '-. '<...c)~ R . <Xf-~~~ Y \WI'lllREMER,/,ONIL081 508 FEE L'/'R Ilr DOC: GordonDerr . , . /r7 ATTORNEYS AT LAW GordonDerr LLP Billing 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. Fees 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 $165 to $395 per hour, our land use planners/project managers bill from $160 to $195 per hour, Law Clerks from $110 to $150 per hour, and our paralegals and graphics specialists bill at rates from $60 to $110 per hour. These hourty rates are adjusted periodically to accommodate rising firm costs 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, $.585 per mile), extraordinary telephone and document delivery charges, conference call charges, copying charges at $.15 per copy ($.75 per color copy) for in- house copying and "at cost" including taxes 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 secretarial or word processing services; those costs are included within the above hourly rates. 2025 First Avenue, Suite 500, Seattle, WA 98121-3140 206-382-9540 fax 206-626-0675 www.GordonDerr.com 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 GordonDerr LLP 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 is "dtlayed until the next month and billed thereafter. Our fees are not contingent upon any aspect of the matter. 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 30 days, a late charge of one percent per month on the unpaid invoice shall be added to the balance owed, commencing with the next statement and continuing until paid. For your convenience, we accept MasterCard and Visa. If you wish to pay your bill using one of these credit cards, please contact Patty Goldsmith in our accounting department at (206) 382-9540. 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. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14-day period. This same policy applies to fee arrangements that require the client to replenish fee deposits or make deposits for anticipated costs. From time-to-time clients have questions about the format of the bill or description of work performed. If you have any questions, please ask them when you receive the bill, so we may address them on a current basis. 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 depending upon the scope of the 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. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing. 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 statements are estimates only. Our monthly billing statements will serve to keep you advised of the actual cost of representation. Fee Disputes and Arbitration While this has never occurred, should any fee dispute arise that cannot be resolved between us, we both agree to submit the fee dispute to binding arbitration. Last updated 7/18/08