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HomeMy WebLinkAboutLW17-024 - Original - Bakemeier, P.C. - Legal Services for Environmental Issues with Hytek Finishes Property - 01/10/2017 Owl I KEG* T ��WASHIN TC OTON 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: Bakemeier, P.C. _ Vendor Number: 213545 JD Edwards Number Contract Number: LVnl l ®0 Z This is assigned by City Clerk's Office Project Name: Hytek Finishes Property, Environmental Issues Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Engagement Letter and Fee Agreement for Legal Services Contract Effective Date: 1/10/17 Termination Date: N/A Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Cheryl Rolcik-Wilcox Department: Law _ Contract Amount: Hourlv rate Approval Authority: ® Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 BAKEMEIER, P.C. ROBERT F. BAKEMEIER LAw OrFI,OE TELEPHONE: 206-230-0600 7683 SE 27TH ST., SUITE 464 A PROFESSIONAL CORPORATION FACSIMILE: 205-230-0602 MERCER ISLAND, WA 98040 January 10, 2017 EMAIL: RFB@a RFBLAW.COM VIA EMAIL.AND U.S.MAIL Tom Brubaker 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. Flytek Finishes Property—Kent, Washington--Environmental Issues Dear Tom: You have requested that Bakemeier, P.C. assist the City of Kent's (the "City's") Public Works Department with certain environmental issues related to the Ilytek Finishes Property located in Kent, Washington ("Hytek Property"). This letter shall confirm the terms and circumstances of the City's engagement of Bakemeier, P.C. as of January 9, 2017, to provide legal advice pertaining to the Hytek Property. I appreciate your selecting me to assist you with this matter, and I look forward to working with you and your colleagues. The Hytek Property is known to be contaminated by petroleum and cadmium, the former of currently unknown origin and the latter evidently attributable to the operations of the property owner, Ilytek Finishes Company, a subsidiary of Esterline Technologies Corporation. The City has a storm drainage easement impacted by the contamination, and also is considering the purchase of the Hytek Property for potential wetland mitigation use. Bakemeier, P.C.—General Information. As you know, 1 am a solo practitioner, supported by an assistant (Charlene Finnelly) who has worked with me for over thirty 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, 1 believe that I can very effectively and efficiently serve my clients regarding environmental matters. Tom Brubaker January 10, 2017 Page 2 Scope of Engagement; Representation of City by Other Consultants and Counsel. We have agreed that the scope of Bakemeier, P.C.'s engagement by the City will be limited to assisting the City with environmental issues associated with the City's easement and potential acquisition of the Hytek Property. When appropriate, Bakemeier, P.C. frequently collaborates with other firms, lawyers, experts, and consultants to provide clients with additional capabilities in addressing their representation. For example, I anticipate the City already may have engaged, or will engage, technical consultants to assist with an environmental review of the Ilytek Property. In addition, depending upon the circumstances, it likely will be appropriate for the City to enlist other lawyers to provide the City with assistance regarding condemnation, real estate, and/or additional capabilities pertinent to the Site, depending upon how the circumstances evolve. Bakemeier, P.C. does not provide real estate (or condemnation) legal services it will be up to the City to decide whether to obtain such services from the City's Law Department or from another law firm. Bakemeier, P.C.'s role in this matter will be limited to providing strategic advice regarding environmental issues associated with the Hytek Property. Staffing; Fee Arrangement; Monthly Invoices. I will have responsibility for the representation of the City in the Ilytek Property matter described above. My current billing rate for City matters is $375 per hour. That rate is subject to periodic adjustment, on an annual and mutally acceptable basis as of January lsr 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 $100 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 that all billing statements and invoices should be submitted to Tom Brubaker, City Attorney, on a monthly basis. Termination. The City may terminate our representation at any time by notifying us. The City's termination of our services will not affect the City's responsibility for payment of outstanding statements and accrued fees and expenses incurred before termination or in connection with an orderly transition of the matters described above. Bakemeier, P.C. may withdraw from representation of the City if the City fails to fulfill its obligations under this agreement (including the City's obligation to pay our fees and expenses), or as pennitted or required under any applicable standards of professional conduct or rules of court, or as contemplated in the discussion below, or upon our reasonable notice to you. Unless previously terminated, Bakemeier, P.C.'s representation of the City will terminate upon our sending the City our final statement for services rendered regarding the matter described above. Tom Brubaker January 10, 2017 Page 3 Following termination, any otherwise nonpublic information you have supplied to us that we retain will be kept confidential in accordance with applicable rules of professional conduct. At the City's request, the City's papers and property will be returned to the City promptly upon receipt of payment for outstanding fees and costs. Bakemeier, P.C. will retain its own files, including lawyer work product, pertaining to the matters described above. All such documents retained by Bakemeier, P.C. will be maintained by the person or entity responsible for administering our records retention program. Our retention of such records shall not give rise to any continuing obligations to the City pertaining to the matters described above. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials we have retained within a reasonable time after termination of the engagement. Execution and Return of This Engagement Letter. Enclosed via U.S. Mail is an extra original of this letter for your file. Please sign and date this letter and return an executed original to me to acknowledge receipt and acceptance of the terms of the City's representation as reflected in this letter and the enclosed statement of billing practices and procedures. Please call me if you have any questions about our arrangement. Again, thank you for selecting Bakemeier, P.C. to represent the City regarding this matter. Very truly yours, Robert F lal<emei r Enclosure The City of Kent hereby consents to the representation as described above in the letter from Bakemeier, P.C. dated January 10, 2017, By;... .IV_ mm Name:..T.Q1T1.. f.Q. Date: l lll� BAKEMEIER, P.C. 7683 S.E. 27th Street, Suite 464 Mercer Island, Washington 98040 Telephone: 206-230-0600 Facsimile: 206-230-0602 Email: rtb((7,)rfblaw.com TAX I.D. NUMBER: 91-1978164 Disbursements and Other Charges In the course of performing legal services for you, 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. You are responsible for these third-party charges, and such invoices will ordinarily be directed to you for payment by you. 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(12) 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 calls, 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$100 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 donedm-ing 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 fifty-seven and one-half(57.5) cents per mile, and is subject to change without notice). Other travel expenses and business treats are charged to clients per the actual costs incurred. In addition, we add a late payment charge of 12% per amnun(or such lower rate as required by applicable law)to account balances not paid within thirty days of the invoice data 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. 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