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Home My WebLink AboutLW09-073 - Original - Bakemeier, P.C. - Engagement Letter - 03/23/2009 Records M,,4ftgement TDocument WASHINOTOP CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Vendor Number: JD Edwards Number Contract Number: f Lwf-o7.3 This is assigned by City Clerk's Office Project Name: Description: ❑ Interlocal Agreement I Wngerder ❑ Amendment ❑ Contract �ther: Contract Effective Date: Termination Date: Contract Renewal Notice (Days): 6, Number of days required notice for termination or renewal or amendment Contract Manager:-Qn� tU*partment: I�t'�UU Detail: (i.e. address, location, parcel number, tax id, etc.): GW� 31010 9 S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 BAKEMEIER, P.C. ROBERT F BAKEMEIER LAW OFFICE TELEPHONE 206-230-0500 7683 SE 27TH ST, SUITE 464 A PROFESSIONAL. CORPORATION FACSIMILE 206-230-0602 MERCER ISLAND, WA 98040 EMAIL RFB@a RFBLAW COM February 15, 2009 Tom Brubaker City Attorney City of Kent Law Department 220 Fourth Avenue South Kent, Washington 98032-5895 Susan Jensen Assistant City Attorney City of Kent Law Department 220 Fourth Avenue South Kent, Washington 98032-5895 Re: City of Kent's Engagement of Bakemeier, P.C. Landsburg Mine Site—Ravensdale, Washington Dear Tom and Susan: This letter shall confirm the terms and circumstances of the City of Kent's (the "City's) engagement of Bakemeier, P.0 as of January 13, 2009, to provide legal advice regarding environmental matters pertaining to the Landsburg Mine Site in Ravensdale, Washington. I appreciate your selecting me to assist you with this matter, and I look forward to working with you and your colleagues. The Landsburg Mine Site (the "Site") is currently being addressed by Washington State's Department of Ecology and its Toxics Cleanup Program. The "potentially liable parties" ("PI-Ps") identified for the Site are Palmer Coking Coal Company, Plum Creek Timber Company, L.P., Philip Services Corporation, Browning-Ferris Industries, Burlington Northern and Santa Fe Railway Company, PACCAR, Time Oil Company, and Tom Brubaker Susan Jensen February 15, 2009 Page 2 Allied Waste Industries.] Bakemeier, P.C. does not, and has not, represented any of those entities. While the City is not a Site PLP, the City is concerned about the potential environmental impacts of the Site, and the anticipated Site cleanup, upon the City's nearby water supply source known as Clark Springs. Bakemeier, P.C.—General Information. As you know, I am a solo practitioner, supported by an assistant (Charlene Finnelly) who has worked with me for over twenty years. My hourly rate(discussed below) is significantly lower than the rates charged by my peers practicing environmental law at large Seattle law firms---in many cases nearly $200 per hour less. As an experienced solo lawyer with reduced "overhead" expense, I believe that I can very effectively and efficiently serve my clients regarding environmental matters. Engagement of Others to Assist with this Matter. When appropriate, I frequently collaborate with other firms, lawyers, experts, and consultants to provide clients with additional capabilities in addressing their representation. For example, we anticipate that the City will be retaining a technical consultant(s) to assist with hydrogeology, remediation, and mining analyses and issues. And, based upon our very preliminary discussions, it appears it might be appropriate at some point in time to enlist other lawyers to provide the City with assistance regarding condemnation, real estate, insurance recovery, and/or additional litigation capabilities pertinent to the Site, depending upon how this matter evolves. Of course, any such efforts involving the City will only occur with advance consultation and your specific approval. Staffing; Fee Arrangement; Monthly Invoices. I will have responsibility for the representation of the City in the Landsburg Mine Site matter described above. My current billing rate is $325 per hour. That rate is subject to periodic adjustment, on an annual and mutally acceptable basisas of January 1S` of each year. Services performed after the effective date of the new rates will be charged at the new rates. Bakemeier, P.C. does not charge for "secretarial" services, but if particular projects of a "paralegal" nature involve my assistant, her current billing rate is $75 per hour for such projects. Services, if any, provided by other law firms, experts, or consultants will be billed directly by those entities to the City for payment by the City. Our fees and disbursement practices are more fully described in the enclosed statement of billing practices and procedures. I understand ] Ecologymay not have formally determined Allied Waste Industries to be a Site PLP,but m Y Y Y preliminary review of Ecology's Site file revealed a reference indicating that entity's potential relationship to the Site Tom Brubaker Susan Jensen February 15, 2009 Page 3 that all billing statements and invoices should be submitted to Tom Brubaker, City Attorney, on a monthly basis. Enclosed is an extra original of this letter for your file. Please return one signed original to me at your earliest convenience. Thank you. Agam, I appreciate your involving me in this project. Very truly yours, Robert . Bakemei Enclosure The City of Kent hereby consents to the representation as described above in the letter from Bakemeier, P.C. dated ebruary 15, 2009. <I�ze�cl By: Na e Title: u— Date: 3 a 3 0 i BAKEMEIER,P.C. 7683 S E. 27th Street, Suite 464 Mercer Island, Washington 98040 Telephone: 206-230-0600 Facsimile. 206-230-0602 Email- rfb@rfblaw.com TAX I D NUMBER 91-1978164 Disbursements and Other Charges In the course of performing legal services for the City of Kent(the"City"), it may be necessary to make payments to third parties for various services Examples include messenger and courier charges, filing and recording fees, court reporters and transcription costs, expert and other witness fees, charges for outside consultants and research services, and travel expenses The City is responsible for these third-party charges, and such invoices will ordinarily be directed to the City for payment by the City However, for administrative ease, Bakemeier,P C may advance payment to the third-party provider and include the charge on our invoice to you, with no markup for handling We will also charge you for certain internal services that we provide in connection with our legal services. Specific internal costs are currently charged at the following rates, and are subject to change without notice: 1. Photocopying,Printing and Facsimile. Clients are charged twelve cents per page for laser printing and photocopying accomplished by our office personnel Where appropriate and cost-effective, photocopying may be accomplished by an outside copying service and will be charged at the vendor's actual rates to us There is no charge for facsimiles sent or received, other than any long-distance telephone charges. 2. Computer Research. Clients are charged for computer-assisted research on outside sources at the vendor's actual rates to us 3. Telecommunications. We do not charge for local calls or for any electronic mail communications Long-distance calls are charged at the carrier's tariff for direct-dial cal Is, plus applicable taxes 4. Mail. Mailings, packages,overnight express, and special postal services are charged at our actual cost. 5. "Paralegal"Services. We do not charge for routine secretarial and support activities. However, for services and projects that are"paralegal" in nature,we do currently charge $75 per hour 6. Overtime. Clients are charged for staff overtime,meals and transportation only when(a)the client specifically requests after-hours effort or(b)the nature of the work necessitates overtime, and such work could not have been done during normal work hours Mileage,Travel,and Business Meals Clients are charged for mileage traveled on client business, utilizing mileage reimbursement rates established by government and other entities(the current rate is 55 cents per mile, and is subject to change without notice) Other travel expenses and business meals are charged to clients per the actual costs incurred. In addition,we add a late payment charge of 12%per annum (or such lower rate as required by applicable law)to account balances not paid within thirty days of the invoice date If we are required to take any action to collect fees or disbursements due us,we will also be entitled to recover the reasonable value of our attorneys' fees other costs of collection. aim Informabon dm REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes W A S N I N G T O N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator ' ��,� � u ,,� Phone (Originator) C Date Sent i, Date Required Return Signed Document to:'��(�!(" �� ^� �, CONTRACT TERMINATION DATE: {� VENDOR NAME: ,r� � ,� � fPi12— DATE OF COUNCIL APPROVAL: ? Brief Explanation of Document: RECEIVED All Contracts Must Be Routed Through the Law Department ;This Area to be Completed By the Law Department) amity of Kent Received- lk/ Office of the Mayor Approval of Law Dept.: n Law Dept. Comments: Date Forwarded to Mayor ✓ o� 01 Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments- Disposition Date Returned Iage5670 3/05