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HomeMy WebLinkAboutLW17-201 - Original - Pacifica Law Group, LLP - City Jail Disabilitiy Rights Representation - 04/20/2017 Records� ENTM:anagernena 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: Pacifica Law Group Vendor Number: 529533 JD Edwards Number Contract Number: G l� This is assigned by City Clerk's Office Project Name: Municipal Jail/Disability Rights " /ashln ton Description: El Interlocal Agreement El Change Order ❑ Amendment El Contract 0 Other: Engagement Letter for Legal Representation Contract Effective bate: 4/20/17 Termination date: notice Contract Renewal Notice ('Days): n/a Number of days required notice for termination or renewal or amendment Contract Manager: Cheryl Rolcik-Wilcox Depart ent: Law Contract Amount: 3751hr Approval Authority: N Department Director El Mayor EJ City Council Detail: (i.e. address, location, parcel number, tax id', etc.): As of: 08/27/14 T 2072451700 M)1 2nd Awmjc,Suite 2000 PACIFICA Seattle,*A 9P101 3,104 LAW GROUP parificalowgroup.corn April 13, 2017 Mr. Arthur"Pat" Fitzpatrick Deputy City Attorney City of Kent 220 Fourth Avenue South Kent, WA 98032 Ile: Legal Representation Dear Pat: `flank you for selecting Pacifica Law Group LLP to represent the City of Kent ("City°') with respect to its city jail. As in the case ol. previOLIS engagements, the principal factors in determining our fees will he tile time and effort devoted to the matter and the hourly rates of the lawyers and paralegals involved. I will have primary oversight lor Pacifica Law Group's representation of'City, but we may assign other firm lawyers and paralegals if necessary, beneficial or cost-effective and when desirable to meet the time constraints of the matter. My hourly rate for this work will be $375. These rates reflect the discount off standard rates we customarily offer public and not-for-profit clients. Billing rates may be proposed for adjustri-ient not more frequently than annually, usually on .January 1. Services perl'ormed after the effective date of the new rates will be charged at the new applicable rates. We do not charge for costs incurred internally (photocopying, long distance telephone charges, electronic legal research services and the like). However, to the extent we incur costs frorn outside vendors directly related to your matter, these costs may be passed through to you without mark-up. We issue invoices for our f'ees, and any disbursements on a monthly basis. These invoices include detail that most of our clients find sufficient, but please let me know at any time if more detailed information is needed on our invoices. You can reach me at the office at my direct number ol'206,245.1 718. As lawyers, we are of course regulated by ethical rules. including rules governing conflicts of interest, in the jurisdictions in which we practice. Based on our review of our records and the information you have provided regarding adverse or potentially adverse parties, the representation of City on this initial matter does not create a conflict of interest for Pacifica Law Group. Please let me know immediately if there are other adverse or potentially adverse party names to check, or other names that You believe we should check. If you learn about significant name 10069 00013 gc141x147m.002 City of Kent April 13, 2017 Page 2 changes of any of the entities or about additional adverse or potentially adverse parties, please advise us so our records can be updated. Our representation of City does not include acting as counsel for any entity in which City holds equity or any subsidiary, affiliate, equityholder, employee, family member or other person unless such additional representation is separately and clearly undertaken by us. During our representation of you, there may from time to time be issues that raise questions as to our duties Linder the rules of professional conduct that apply to lawyers. These might include, e.g., conflict of interest issues, and could even include issues raised because ol'a dispute between us and a client over the handling of a matter. Under normal circumstances when such issues arise we would seek the advice of our Professional Standards Counsel, Loss Prevention partners or Professional Standards Conflicts Attorneys who are experts in such matters. Historically, we have considered such consultations to be attorney-client privileged conversations between firm personnel and the counsel for the firm. In recent years, however, there have been judicial decisions indicating that under some circumstances such conversations involve a conflict of interest between the client and Pacifica Law Group and that Our consultation with Pacifica Law Group's counsel may not be privileged, unless we either withdraw from the representation of the client or obtain the client's consent to consult with Pacifica Law Groups counsel. We believe that it is in our client's interests, as well as Pacifica Law Groups interest, that in the event legal ethics or related issues arise during a representation, we receive expert analysis of our obligations. Accordingly, as part of our agreement concerning our representation of City., You agree that if we determine in our own discretion during the course of the representation that it is either necessary or appropriate to consult with our fire counsel (either Pacifica Law Group's internal counsel or, if we choose, outside counsel) we have your consent to do so and that our representation of you shall not, thereby, waive any attorney-client privilege that Pacifica Law Group may have to protect the confidentiality of'our communications with counsel. This letter confirms the terms and conditions on which Pacifica Law Group LLP will provide legal services to City. Unless otherwise agreed in writing, the terms of this letter will also apply to any additional matters that we undertake at City's request. If this letter correctly sets forth our understanding, please sign and date a copy of this letter and promptly return it to me. If you have any questions about this letter or generally about our services or bills, please call me at any time. We look forward to working with you and thank you for placing your confidence in Pacifica Law Group. Sincerely yours, PACIFICA LAw GRoui7 LLP Matthew J. Segal 10069 00013 gc141x147m.002 Cif of Kent April 13, 2017 Page 3 ACCEPTED AND AGREED: City of Kent « fat £/zaic Deputy City Attorney Date: / 10069 00013&141x19m002