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Home My WebLink AboutLW10-277 - Original - Talmadge/Fitzpatrick - Firefighters Pension Issue Legal Servies - 03/19/2010 ! w.=„!„U.o„ Document 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: Talmadge/Fitzpatrick Vendor Number: )D Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Firefighters Pension Issue for City of Kent/Chief Foster Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/19/10 Termination Date: Notice Contract Renewal Notice (Days): n/a Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law Contract Amount: Hourly Rate Approval Authority: ® Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): I I I As of: 08/27/14 ... . ........ TALMADGE/FITZPAMCK 18010 SOUTHCENTER PARTWAY TUKWILA,WASHINGTON 98188 (206)574-6661 (206)675-1397 FAX HOURLY FEE CONTRACT FOR LEGAL SERVICES This is a contract for legal services between CitY Of Kent ("Client") and Talmadge/Fitzpatrick ("Attorneys") who are retained to provide legal services in connection with Firefighters Pension Issue for City of Kent/Chief Foster ("matter"). SERVICES—Client grants Attorneys the authority to proceed with providing the services in this matter as Attorneys deem appropriate. Attorneys agree to keep Client informed of all significant developments. Client agrees to cooperate, with and to aid Attorneys in the performance of the legal services. Attorneys do not undertake to represent any other person or persons in this matter other than Client. if this matter is an appeal, Attorneys.do not represent Client's trial counsel in any fashion,with respect to any potential negligence on the part of trial counsel or otherwise.. . PAYMENT OF FEES AND COSTS—Client agrees to pay Attorneys' fees and all costs. Attorneys' fees will be based on the number of attorney hours spent on Client's behalf. Attorneys'billable time shall include all time spent by attorney, including, but not limited to, legal research and analysis, communication (with Client, counsel, and parties), inter-office consultation, drafts and revisions of documents, travel time, and all other activity incident to representation. Presently,Attorneys' time is billed at$350.00 per hour for Philip A. Talmadge and Thomas M. Fitzpatrick,and$225.00 pet hour for Emmelyn Hart-Biberfeld,Sidney Tribe.,and Peter Lohnes. Any assistant's or paralegal's time is billed at the rate of$90.00 per hour. Billable hours g411 be discounted at a rate of 10%. Attorneys may periodically increase hourly rates, subject to 30- days notice to Client. Costs are out-of-pocket expenses such as court filing fees, deposition reporter fees, photocopying costs, travel and lodging costs, courier costs, long-distance telephone charges. Client agrees to pay in full within So clays of receipt of the itemized monthly bill for services rendered and costs incurred. if any monthly billing remains unpaid thereafter, a late charge shall be made at the rate of one percent (1%) per month on the outstanding balance,until paid. If Client questions in good faith.any item or items in any given itemized monthly billings, Client may withhold payment for that item or items only,until that question is reasonably resolved. Payment of the disputed sum, or of any adjustment thereof, shall be due within ten (10) days after resolution, with the service charge to be imposed thereafter. it is further understood and agreed that in the event there is a dispute between Client and Athtneys concerning the performance of any provision of this agreement, the prevailing party shall be entitled to recover all reasonable costs incurred in connection with the dispute,including court costs,Attorneys'fees, and other dispute-related expenses. In certain instances,third parties apart from Client will pay Attorneys'bills. Regardless of who is paying Attorneys'bills,Attorneys'duty of representation is to Client. By entering into this agreement, Client consents to the payment of fees by said third party. CLIENT'S and ATTORNEYS' RIGHTS TO TERMINATE CONTRACT—Client may terminate this contract at any time, with or without cause, subject to applicable rules of court, and statutory attorney liens. Upon termination, Client shall pay all fees and costs. Attorneys have the right to terminate services any time, subject to rules of court and the Rules of Professional Conduct. Client acknowledges Attorneys'right to terminate services if Client disregards any terms of this contract,including timely payment of all fees and costs or full cooperation. If Client or Attorneys terminate this contract, Attorneys may retain copies of any materials relating to this matter. Client shall be responsible for the copying costs of any materials. REPRESENTATIONS—Chent acknowledges that Attorneys have made no representations or guarantees regarding the successful resolution of this matter and that all statements relating to the likelihood of success are statements of opinion only. COMMENCEMENT—Client acknowledges Attorneys' services will not commence until a signed copy of this contract is returned,except if specifically asked to take immediate action. DISPUTE RESOLUTION—If any dispute arises under the terms of this agreement, it shall be resolved by a court of competent jurisdiction with venue in King County, Washington. Washington law shall apply. By mutual agreement, the dispute may be submitted to alternative dispute resolution, including either mediation or arbitration,with Client paying no less than fifty percent of the fees and costs associated with the alternate dispute resolution procedure. INDEPENDENT COUNSEL—Client is advised that Client has the right to have this agreement reviewed by independent counsel prior to the time it is entered into by Client. I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING CONTRACT FOR LEGAL SERVICES AND UNDERSTAND TTIE CONTENTS OF THE AGREEMENT. TALMADGE,�/FITZPATRICK CLIENT By: xx 1 lX el�cxiYY1 CQJ By: Dated: 3 I�9 �� Date 3 0 T I -2-