HomeMy WebLinkAboutCAG2024-208 - Original - Wilson Williams LLP dba Wilson Williams Fellman Dittman (WWFD) - Legal Services Engagement Letter - 03/26/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
T. Reyes-Selden for C. Schuck Law
Date Sent: Date Required:
0 05/01/2024 N/A
CL Director or Designee to Sign. Date of Council Approval:
Q N/A
Budget Account Number: Grant?[:]YesZNo
Budget?R]Yes:No Type: N/A
Vendor Name: Category:
Wilson Williams LLP dba Wilson Williams Fellman Dittman Contract
Vendor Number: Sub-Category:
= Original
0
Project Name: Legal Services - Engagement Letter
E
i Project Details:Retention of Wilson Williams LLP dba Wilson Williams Fellman Dittman to provide legal services and advice,as
needed,to the City of Kent regarding wireline based franchise agreements with broadband providers, small cell
C wireless franchise agreements with wireless providers,and other broadband/telecommunications matters,as they
*J arise.
C
d
40 Agreement Amount: N/A Basis for Selection of Contractor: Direct Negotiation
47 `Memo to Mayor must be attached
3- Start Date: 3/26/2024 Termination Date:
Q Local Business?F_1YesP'1No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
F1YesF]No CAG2024-208
Comments:
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[Date Routed to the City Clerk's Office: 5/2/24 Interlocal Agreement has been uploaded to website: ❑
adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
Wilson Williams
Fellman Dittman
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is a contract for professional services effective March 26
2024, between Wilson Williams LLP d/b/a WILSON WILLIAMS FELLMAN DITTMAN ("Law
Firm") and the City of Kent, Washington (the "Client").
FOR AND IN CONSIDERATION of the mutual promises and undertakings herein
set forth the parties agree as follows:
1. Services. Law Firm agrees to provide the following services:
• Wireline based franchise agreements with broadband providers;
• Small cell wireless franchise agreements with wireless providers; and
• Other broadband/telecommunications matters as may come up and be
requested by the Client from time to time.
The Client understands that the attorneys at the Law Firm are not licensed to practice law
in the State of Washington. The attorneys at the Law Firm have particular expertise and
experience in broadband/telecommunications legal issues under federal law, and the Law
Firm is being retained to work with and provide direction to the City Attorney's Office in
connection with these federal laws and regulations. The ultimate legal advice provided
to the Client will be through the City of Kent, City Attorney's Office.
Law Firm will exercise its best efforts on behalf of the Client and furnish the said services
faithfully, with due diligence, and in accordance with the Rules of Professional Conduct.
The Law Firm cannot and does not guarantee or agree that a result favorable to or
satisfactory to the Client will be achieved. Law Firm is acting as an independent contractor
therefore the Client will not be responsible for FICA taxes, health or life insurance,
vacation, or other employment benefits.
2. Staffing. Ken Fellman will be the primary designated Attorney for this
engagement, with assistance from associate attorney Wilson Scarbeary and other
attorneys at the Law Firm, as needed and as directed by Ken Fellman.
3. Retainer. N/A
4. Fees and Expenses. The Client will compensate Law Firm for professional
services as indicated in Exhibit A. Expenses such as photo-copying will be charged at
the rates set forth on the attached Schedule of Costs, Exhibit B.
a. Other Expenses. In addition to the foregoing hourly rates for services, the Law Firm shall
charge and the Client shall pay all costs incurred by the Law Firm in providing services to
the Client. Examples of such costs include charges for filing fees, mileage, photocopies,
scanning, color printer, messenger service, etc. A copy of the Schedule of Costs is
attached as Exhibit B. The Law Firm will charge for half of the travel time to attend Client
meetings, but will charge for the entire round trip mileage at the IRS-approved rate from
the Law Firm's Louisville offices or point of origination.
1314 Main Street,Suite 101,Louisville,CO 80027
(303)376-8510
wwfdlaw.com
kDWilson Williams
Fellman Dittman
b. Monthly Billings. Law Firm will issue a detailed, itemized invoice each month, for both fees
and disbursements. All bills will reflect services already performed and disbursements
already made, and are due upon receipt. Any amounts not paid within thirty (30) days of
the date of the bill shall be subject to a late payment charge of 1.5% per month. If the
Client fails to pay any charges within sixty (60) days of the date of the bill the Law Firm
may elect to stop all work for the Client. The Client's obligation to make prompt payment
of all charges does not depend upon achievement of any specific result. Payments will
be applied first to the oldest amounts outstanding.
c. Rate Adjustments. Adjustments in the Law Firm's rates and charges do occur from time
to time, and we endeavor to notify all our then active clients of any changes at the time
they are to take place. Nonetheless we still encourage all client inquiries concerning the
rates in effect at the beginning of each project and will provide an updated copy of the
Billing Rate and Schedule of Cost Exhibits upon every request.
5. Termination. This Agreement may be terminated by either party upon
notice in writing to the other provided, however, that any fees and costs that have accrued
to the date of termination shall still be owed by the Client.
6. File Retention and Destruction. Law Firm will retain files received from
and developed in handling the Client's matter for seven (7) years following the conclusion
of the matter. It is the Law Firm's policy to destroy all files including all documents and
materials therein seven (7) years after we send such files to remote storage upon
completion of the matter. However, if some legal restriction on destruction is imposed or
some development occurs, the retention may be modified. The Law Firm's file retention
and destruction process is automatic and the Client will not receive further notice in
advance of destruction of these files. Accordingly, if the Client wishes to maintain a record
of any matter beyond our retention period, the Client should consider maintaining its own
files relating to the matters the Law Firm is handling.
[Signature Page Follows]
1314 Main Street,Suite 101,Louisville,CO 80027
(303)376-8510
wwfdlaw.com
kvWilson Williams
Fellman Dittman
IN WITNESS WHEREOF the parties have executed this agreement effective as of
the day and year first written above.
WILSON WILLIAMS LLP D/B/A
WILSON WILLIAMS FELLMAN DITTMAN
By:
Y
Kenneth S. Fellman, Partner
Date: March 18, 2024
CITY OF KE .T, WASHINGTON
By:
Its: 1 y Attor
Date: March 26, 2024
1314 Main Street,Suite 101,Louisville,CO 80027
(303)376-8510
wwfdlaw.com
Wilson Williams
Fellman Dittman
Exhibit A - 2024 Billing Rates — Local Governments
General/Regular Local Government Representation (Municipal/County/Special
District Attorney)
Attorney Position Hourly Rate
Partner $255.00
Counsel $240.00
Senior Associate $220.00
Associate Attorney $205.00
Paralegal $105.00
Geoff Wilson $300.00
Geoff Wilson (hrg officer) $350.00
Ken Fellman $325.00
Billing Methodology
Our Law Firm provides a computer-generated, detailed billing statement each month,
for both fees and disbursements. All invoices will reflect services already performed and
disbursements already made and are due upon receipt.
In addition to the foregoing hourly rates for professional services, the Law Firm will charge
for all costs incurred in providing such services. Examples of such costs include the
following. The Law Firm will charge for mileage to and from the Louisville office at the
IRS-approved rate, and '/2 travel time at the applicable hourly rate. Document printing
and copying charges are $.10 per page for black and white copies, and $.50 per page for
color copies, made within the office. Copying, collating, binding, and scanning performed
outside the office will be charged at actual cost for such third-party service.
1314 Main Street,Suite 101,Louisville,CO 80027
(303)376-8510
wwfdlaw.com
Wilson Williams
Fellman Dittman
Exhibit B - Schedule of Costs
1. Long Distance Telephone Charges: There is no charge for long-distance calls.
2. Copying and Scanning: Document scanning and copying charges are $.10 per
page for black and white copies, and $.50 per page for color copies made within
the Law Firm. Copying, collating, binding, and scanning performed outside the Law
Firm shall be charged at actual cost. The decision to use outside scanning,
copying, collating and binding services shall be made on a case-by-case basis as
the circumstances require.
3. Deliveries: Items delivered by commercial messenger service are billed at the
actual rate charged by the service.
4. Legal Research: The charge to the Client includes the usage amount billed
directly to the Law Firm from its on-line legal research provider in relation to the
Client's case.
5. Travel and Mileage: Travel is charged at half of the total time of travel. Mileage
is charged at a rate consistent with the guidelines published by the IRS from the
Law Firm's Louisville offices or point of origination.
6. Other Costs: Other third-party costs will be billed to clients at the same rate the
Law Firm is billed for the third-party services or expenses.
1314 Main Street,Suite 101,Louisville,CO 80027
(303)376-8510
wwfdlaw.com
VeWilson Williams
Fellman Dittman
WILSON WILLIAMS FELLMAN DITTMAN
PRIVACY POLICY NOTICE
Attorneys, like other professionals, who advise on certain personal matters, are
required by federal law to inform their clients of their policies regarding privacy of client
information. Attorneys have been and continue to be bound by professional standards of
confidentiality that are even more stringent than those required by law. Therefore, please
understand that your privacy is important to us and we will always protect your right to
privacy. Maintaining your trust and confidence is a high priority to this law firm. The
purpose of this notice is to comply with the law by explaining our privacy policy with
respect to your personal information.
NONPUBLIC PERSONAL INFORMATION WE COLLECT:
In the course of providing our clients with services, we collect personal information
about our clients that is not available to the public and which is provided to us by our
clients or obtained by us with their authorization or consent.
PRIVACY POLICY:
As a client of Wilson Williams Fellman Dittman, rest assured that all nonpublic
personal information that we receive from you is held in confidence, and is not released
to people outside the firm, except as agreed to by you, or as is permitted or required by
law and applicable ethics rules.
CONFIDENTIALITY AND SECURITY:
We retain records relating to professional services that we provide so that we are
better able to assist you with your professional needs and, in some cases, to comply with
professional guidelines. We restrict access to nonpublic, personal information about you
to those people in the firm who need to know that information to provide services to you
(and their support personnel). In order to guard your nonpublic personal information, we
maintain physical, electronic, and procedural safeguards that comply with our
professional standards as well as federal regulations.
Please call the attorney you work with if you have any questions. Your privacy,
our professional ethics, and the ability to provide you with quality service are very
important to us.
1314 Main Street,Suite 101,Louisville,CO 80027
(303)376-8510
wwfdlaw.com