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HomeMy WebLinkAbout4267 Contract Number: 4267 Vendor: KEATING BUCKLIN & McCORMACK INC PS Subject: Fees - Personal Injury Defense Department: Legal File Class: LEG 12-1 Begin Date: 03/28/2002 End Date: Review Date: 11/O1/2010 Vault Date: Comments: Fee Agreement Renewal by Council 3/12/03 Office of the City Attorney Roger A. Lubovlch, City Attorney March 6, 2003 Mark R. Bucklin, President Keating, Bucklin & McCormack, Inc. P.S. 800 Fifth Avenue, Suite 4141 Seattle, WA 98104-3175 Re: Engagement Letter Dear Mark: This letter will serve as a renewal of the Engagement Letter ("Agreement") between the City of Bremerton and Keating, Bucklin & McCormack, Inc., P.S. (collectively "Parties"), dated February 7, 2002, and accepted on March 28, 2002. This renewal will become effective upon execution by Parties. The Parties agree that the Agreement will continue in full force and effect until terminated. The City of Bremerton may terminate representation at any time, with or without cause upon written notice to Keating, Bucklin & McCormack, Inc., P.S. Keating, Bucklin & McCormack, Inc., P.S. reserves the right to withdraw fi.om representing the City if fees are not timely paid, or for any other appropriate cause. The 2003 hourly rates for services are: $175 an hour for Shareholders, $165 an hour for Senior Associates, and $155 an hour for Associates. When attorneys use their private cars for travel, the reimbursement rate is $0.45 per mile and copies are reimbursed at $0.20 per copy. The Parties agree that the hourly rate for services and reimbursement rates stated herein may, fi.om time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. Any rate modifications shall be approved in writing by the City Attorney. AIl other terms of the A~eement not specifically modified herein shall remain in full force and effect. Reviewed, Approved, and Accepted this i~qh day of ~1~ t'(~' ~ , 2003 ~z/~ R ~'~-~T©N ~ R~er A. Lubovich, City Atto~..nl~v~-~ ~ Reviewed, Approved and Accepted this ~ %y of ~/~, 003 Mark R. Bucklin, President R:\LEGAL\Contracts~LEGAL~(eating Bucklin Renewal.doc ~'FA llNC_ BI.[CKI IN &: MCCORMACK, INC.. P.S. BRENDA L BANNON RANDAL W EBBERSON g0U FIb~H AVENUE, SUITE ~111 STEVEN L THORSRUD KELLY M WILEY MICHAEL C WALTER SEATTLE, WASHINGTON 98104-3175 MARY ANN MCCONAUGHY ANBREW G COOLEY PHONE: (206) 623~8861 SHANNON M ~GONESI STEWART A ESTES JOSEPH B. LEVAN DEBO~H D BROOKINGS F~: (206) 223-9423 KIMBERLY J. WALDBAUM SU~NNE R RYNING CHLOETHIELW DeWEESE E-MAiL: kbm~kbmla~ers.com JAYNE L FREEMAN ROBERT C K~TING (1915-2OOl) Roger Lubovich, City Attorney City of BremeAon 9 239 Fou~ Street Breme~on, WA 98337 " . Providing Legal Se~ices to the City of Breme~on by Keating, Bucklin & McCo~ack, Nc., P.S. Dear Roger: This letter will memorialize our discussion on the phone of Febm~ 6, 2002. As I underst~d it, as the new City Attorney of Breme~on, you have been given au~ority to administer risk m~agement and defense of legal clams ~d lawsuits against the City of Breme~on. ~ that reg~d, you have expressed interest in retaining the se~ices of o~ law fi~ to assist in the defense of the City of Breme~on in c~ent pending lawsuits ~d potential ~ture lawsuits. We would be pleased ~d honored to be able to provide such se~ices to you as needed at your direction. As you ~ow ~om prior experience, tNs law fi~ devotes the vast majority of its effoAs in advising and representing gove~ental entities in all matters for wNch they may be sued for civil damages. For 20 ye~s, I have se~ed as General Counsel to W~hington Cities Nsur~ce Authority, ~d o~ fi~ has been the pfim~ defense fi~ for all civil litigation matters involving WC~ in ~e Puget Sold region. Additionally, we represent the University of Washington, the Seaffie School District, the City of Belle~e, ~d the State of Washin¢on, as well as other gove~ental entities on selected cases. While l ~ow you are fmili~ wi~ most of the attorneys in this office, we have added several new attorneys in the last ye~ ~d I ~, therefore, providing you an updated fi~ resume listing all our cu=ent attorneys and their positions within the fi~. Washington State B~ regulations require that we have some fo~ of written fee a~eement with evew client. To that pu~ose, I will reiterate that the rates that we would charge the City of Breme~on would be those that we charge o~ best m~icipal governmental clients. For the ye~ 2002, our ch~ges would be $170 ~ hour for Sh~eholders, $160 ~ hour for Senior Associates, and $150 ~ hour for Associates. When attorneys use their private cars for travel, we request 45¢ per mile reimbursement. We also seek reimbursement of 20¢ per copy for photocopying and hxes. We also cost bill for long distance telephone charges. We will cost advmce file-related direct expenditures up to $50.00, but would no,ally fo~d l~ger bills Roger Lubovich. City Attorncy Febn aw 7, 2002 Page 2 directly to the client for payment. However, we can make other arrangements with you as to cost advances if you so desire. We have been fortunate in sharing a philosophy with our municipal clients that, whether or not we are in federal court or state court, we will aggressively pursue defense in those claims and lawsuits that are not meritorious. This includes either seeking early summary judgments and/or preparing our clients to take cases through trial that do not merit settlement. Likewise, we try aad give early accurate evaluation of cases for the client's determination of those matters which merit consideration for settlement. We believe in being cost-efficient for our clients, but also well prepared to take any matter to trial that the client wishes us to defend in court. We would look forward to the same shared philosophy and support in any matters that we would be requested to defend for the City of Bremerton. Once again, thank you for your interest and confidence in this law firm. We look forward to working with you on behalf of the interests of the City of Bremerton. If these terms and conditions for our representation as represented in this letter meet with your approval and that of the City of Bremerton, please send me your written confirmation of that agreement. We are required by the Washington State Bar Association to have a written fee agreement with every client. To facilitate this, I have placed a signature line for you below this letter, which you may sign and return to me if find the terms and conditions acceptable. Cordially, Mark R. Bucklin, President MRB:rg Enclosure: copy of firm resume The above-stated terms for fees and costs for representation of the City of Bremerton by Keating, Bucklin & McCormack, Inc., P.S., are accepted for 2002 by the City of Bremerton. Dated this 2 ~'Pt-day of Ft~r~,=~, 2002. CITY OF BREMERTON City Attorney for the City of Bre/herton C :\rg~rarb\miscellaneous\l 0207-1ubovich doc