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Home My WebLink AboutCAG2022-386 - Original - Jackson & Nicholson, Attorneys at Law - Legal Services: Engagement Letter (Redacted Version) - 09/27/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached 1 White, Tammy From:Ralph, Dana Sent:Tuesday, September 27, 2022 10:33 AM To:White, Tammy Subject:RE: City of Kent - Tammy, You have my approval to move forward and retain this attorney for the IA. Thanks, Dana Ralph, Mayor Administration | Office of Mayor Dana Ralph 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5700 | Fax 253-856-6700 dralph@KentWA.gov CITY OF KENT, WASHINGTON KentTV21.com Facebook Twitter YouTube Instagram From: White, Tammy <TWhite@kentwa.gov> Sent: Tuesday, September 27, 2022 10:20 AM To: Ralph, Dana <DRalph@kentwa.gov> Subject: FW: City of Kent ‐ Mayor, Can you confirm that I have your approval to retain the below attorney to assist us with Under our code, I can proceed with your approval and do not need to take the engagement letter to Council. Thanks, Tammy White, City Attorney City of Kent | Civil Division | Office of the City Attorney Direct Line 253-856-5774 | Fax 253-856-6770 twhite@KentWA.gov THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. From: Fitzpatrick, Pat <PFitzpatrick@kentwa.gov> Sent: Tuesday, September 27, 2022 10:04 AM To: White, Tammy <TWhite@kentwa.gov> Cc: Padilla, Rafael <RPadilla@kentwa.gov> Subject: Re: City of Kent ‐ I approve Tammy. Thanks. If you need the Mayor’s approval this morning, please call Cathie, as I am at an appointment and will not be available until later today. Thanks. Get Outlook for iOS From: White, Tammy <TWhite0kentwa.eov> Sent: Monday, September 26, 2022 1:18:01 PM To: Fitzpatrick, Pat <PFitzeatrickCDkentwa.eov> Cc: Padilla, Rafael <RPadillaftentwa.eov> Subject: FW: City of Kent -- 19:7V/luxe;10ZK11JGIu[O0I[N_\11N701ODie] LUl11111176.161110b9q Under KCC 3.70.220(E), I am seeking the Mayor's approval to retain Mr. Jackson. Under that code section, I have the authority to retain Mr. Jackson, without further approval of Council, if the Mayor approves and expenses stay within established budgets Mr. Jackson has agreed to reduce his hourly rate to $350 for the City of Kent; his paralegals would bill at $130 an hour. This hourly rate is comparable to those paid to other outside attorneys (Kim Pratt charges $360; Mike Bolasina charges $335). I can coordinate with Paula Painter concerning the most appropriate budget account to use to charge Mr. Jackson's fees to and ensure we stay within budgets previously approved by Council. Can you confer with the Mayor and let me know if she consents to me proceeding by signing the attached engagement letter? I'd like to get the engagement letter signed so I can begin sending some preliminary records to Mr. Jackson for his review. Thank you. Tammy White, Ciryattorney City of Kent I Civil Division I Office of the City Attorney Direct Line 253-856-5274 1 Fax 253-856-6720 twhiteOKentWA.aov THIS MESSAGE IS PRIVATE AND PRMLEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. From: Kimberly Weathers 4imberly0inseattle.com> Sent: Monday, September 26, 2022 1:02 PM To: White, Tammy <TWhiteCalkentwa.aov> Cc: Greg Jackson <greeColinseattle.com>; Jenny Singleton <iennvCalinseattle.com> Subject: RE: City of Kent -- I EXTERNAL EMAIL Good afternoon, 3 Attached please find Mr. Jackson’s engagement letter in this matter. If you are agreeable, can you please sign and return at your earliest convenience? Also, if you can please include our paralegal, Jenny, on correspondence at Jenny@jnseattle.com and myself, Mr. Jackson’s Legal Assistant, at Kimberly@jnseattle.com, if would be greatly appreciated. Thank you. Kimberly Weathers 900 SW 16th Street, Suite 215 • Renton, WA 98057 206.582.6001 206.466.6085 (Fax) This transmission, and subsequent responses, are: (1) subject to the Attorney‐Client Privilege, (2) attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this email is a violation of federal criminal law. From: White, Tammy <TWhite@kentwa.gov> Sent: Monday, September 26, 2022 8:46 AM To: Greg Jackson <greg@jnseattle.com> Subject: RE: City of Kent ‐ Excellent, thank you! Can you send me your letter of engagement and the rates you’ll charge for you and your staff on this matter? Any price break you can provide would be appreciated. Once I have your letter of engagement signed, I’ll work to have some of the key documents uploaded and sent to your office so you can begin some preliminary review while we work to get the rest of the records uploaded. Is there a paralegal I should include on correspondence and record transmittals? Thanks, Tammy White, City Attorney Civil Division | Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5774 | Fax 253-856-6770 twhite@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. From: Greg Jackson <greeCalinseattle.com> Sent: Friday, September 23, 2022 5:29 PM To: White, Tammy <TWhiteCa7kentwa.eov> Subject: RE: City of Kent -- EXTERNAL EMAIL Ms. White Sorry for the delay in completing the conflict check, but I had an SIM and a response to a motion to get out today and this got delayed. We do not have a conflict and I am happy to take the case. Greg 4'G'1�6.9�kt �N k1N 4 J P�iY:" V; i,IWP, 1`7.7= n:3 a, Z,17=: l-::"i 4: 1'27t fir `. t^^`7: :3'6 77 :' F Y'�^ 't f-7":.. : Y'= 1 ` a `i ii YT: f'I:. a-�ff?-ii ':T YI ai 0 �7ii�'. :'i-.�.n e :. i 77a i�:'7-, 3."' :3: ii Y :': ::.., -` fmf :1 :':': '7f"5 7: :... '.'iii5'Tr-r.: i,.. .-"S'8`if. ..1.:':ro _ From: White, Tammy<TWhiteCn7kentwa.aov> Sent: Friday, September 23, 2022 11:34 AM To: Greg Jackson <greeCd inseattle.com> Subject: City of Kent -- Mr. Jackson, Below is a list of the primary parties involved in this matter. If you could conduct a conflict check, I would appreciate it. The City is interested in retaining your services, but I do need to determine the rates that would apply for you, your associate attorneys and support staff, so I can obtain budgetary approval. I do expect that a significant amount of time would need to be dedicated to this case and our budget is always tight, so I'm of course looking for any savings I can find, but I also understand your exceptional experience comes at a cost. Once we can confirm there are no conflicts, and can confirm your rate and whether you would like to take this case on, I can provide you some of the pertinent documents that will explain some of the issues at play —while I work to gather the rest of the records and get them to your office. Primary Witnesses: 6 Thank you, Mr. Jackson, and I look forward to hearing from you. Tammy White, City Attorney Civil Division | Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5774 | Fax 253-856-6770 twhite@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. JACKSON & NICHOLSON Attorneys at Law September 26, 2022 Sent via email twhitegkentwa.gov Tammy White City Attorney Civil Division -Office of the City Attorney 220 Fourth Avenue South Kent, WA 98032 RE: 900 SW 16th Street Phone: 206-582-6001 Suite 215 Fax: 206-466-6085 Renton, WA 98057 jnseattlexom Thank you for engaging Jackson & Nicholson to represent the City of Kent in the above captioned matter. We look forward to working with the City of Kent. This letter sets forth the terms that will govern our engagement. Please review the terms carefully, and if you have any questions or concerns about them, please do not hesitate to contact me at (206) 582-6001, or by email at: Greg@jnseattle.com. Our hourly rates and the terms of this letter will apply to all future matters in which we represent you unless a new, separate written agreement is created. ENGAGEMENT AGREEMENT Scope of the Representation. You have engaged Jackson & Nicholson to represent the City of Kent in Our services will be limited to provi mg t e oregomg representation and will not extend to other general business, personal, or other legal affairs. You understand our receipt or use of confidential or other information from you or anyone else during this representation will not give rise to any expectation by you that Jackson & Nicholson will render any other advice or services. Responsibility. I will be personally responsible and accountable to you for handling this matter. In some circumstances I may assign other work in this matter to my paralegal if it is work suited for her to perform, and I may occasionally assign work to my Partner, after first consulting with you to explain the circumstances. If you have any question or concern about our staff or provision of services, again please do not hesitate to contact me. Fees. Our fees are based on our hourly rate for time working on this matter. Our partner hourly rate is $400. We will, however, reduce our hourly rate for the City of Kent for this matter to $350. My paralegal's hourly rate is $130. Travel time is billed at the full hourly rate, and travel expenses are billed at actual economy class costs. While our rates are re- set from time to time, they will not be increased without first discussing the increase with you. Tammy Wbite Page 2 Costs and Disbursements. A variety of costs may be incurred in the course of our representation of your interests. These may include charges for delivery or messenger services, travel expenses, filing fees, court reports, transcripts, witness fees, service of process, and the use of other service providers, such as expert witnesses and court reporters. Any disbursements advanced by our firm are done so as a courtesy to you and to expedite performance. You are liable for all advanced disbursements. Document Retention. Please note that at the conclusion of the engagement, you may request the return of original records you have provided us, and of original records we have created for you. If you request additional materials or a copy of your entire file, you agree to pay reasonable copying expenses. Agreement. It is Jackson & Nicholson's general policy that we do not begin work on an engagement until we have received a copy of this letter, countersigned. If the terms meet your approval, please immediately return a signed and dated copy of this letter to us. Jackson & Nicholson greatly appreciates the opportunity to serve your legal needs. As in every engagement we undertake, our goal is to understand our client's needs, provide the highest quality service, and exceed expectations. We welcome discussion of all matters stated in this letter and encourage you to be frank about how best to serve you. Should you ever have any questions about any aspect of our engagement, please do not hesitate to contact us. Sincerely, GREfvWY E. JACKSON Attorney at Law I, Tammy White, agree to the above terms of engagement. Date: 09/27/2022 —1M W} TE ity me for e City of Kent, Washington