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AGREEMENT FOR LEGAL SERVICES
I.
PARTIES
This Agreement is made effective on the )day of August, 2018, between the City of
Auburn("City")and Kenyon Disend,PLLC("Attorneys").
II.
SERVICES OF THE ATTORNEYS
The Attorneys shall provide the legal services set forth in this Agreement and shall work for
the City at the pleasure of and under the direction of the Mayor. Eileen M. Keiffer will direct the
services provided under this Agreement.
III.
QUALITY OF SERVICES
Attorneys shall perform all legal services covered by this Agreement in a capable and efficient
manner,and in accordance with the professional standards of the Washington State Bar Association.
IV.
SERVICES PROVIDED
Attorneys shall evaluate and revise the City's right-of-way ordinance language for
consistency with adopted small-cell right-of-way regulations and design standards. Attorneys shall
further furnish related guidance regarding:
a. Colocation;
b. Potential exclusion of historic districts/particular poles;
c. Benchmarking for pole attachment/use rental charges;and
d. Applicability of zoning standards within City right-of-way.
V.
FEES AND COSTS
City shall be billed for legal services described in Section IV, above, at Attorneys' hourly
rates, including reasonable travel time for legal work performed on the City's behalf. Attorneys'
hourly rates for services through December 31, 2018, are attached hereto as Exhibit A. Attorneys'
hourly rates for subsequent calendar years shall be provided to the City on or before November 1 of
the immediately preceding calendar year. Attorneys shall be paid for legal services rendered in an
amount not to exceed ten thousand($10,000)without written modification of this Agreement signed
by the City.
In addition, Attorneys will charge the City fifteen cents per page for black and white
photocopying and twenty-one cents per page for color photocopying. Attorneys shall be reimbursed
for legal messenger services, postage, filing fees advanced on the City's behalf, and other direct
expenses. Attorneys shall not bill the City nor be entitled to payment for telephone or mileage
expenses incurred in the performance of its duties.
Attorneys' current rates expressly account for any taxes or related charges ("charges")
imposed on professional service providers by City and State of Washington. In the event that any
such additional charges are imposed during the term of this Agreement,Attorneys shall be entitled to
recover any such additional charges as a reimbursable cost item on Attorneys' monthly billing
statements.
VI.
PAYMENT TERMS
Payment from City on any such invoices is due in full upon billing,and a service charge shall
accrue at the rate of 12%per annum on any unpaid invoice, but shall only be added to any balance
remaining unpaid sixty(60)days after the statement date.
VII.
TIME RECORDS
Attorneys will maintain accurate time records describing the services performed and the dates
upon which said services were performed, and shall provide a monthly statement to the City setting
forth the time expended for such services.
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VIII.
AGREEMENT PERIOD
This Agreement shall remain in effect until terminated. Each party shall have the right to.
terminate this Agreement upon thirty days'written notice.
IX:
INDEMNIFICATION/IQLD HARMLESS
Attorneys shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,
arising out of or resulting from the acts, errors or omissions of Attorneys in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
X.
INSURANCE
Attorneys shall maintain for the protection of the City a professional errors and omissions
insurance policy with minimum coverage of one million dollars per claim and three million dollars
annual aggregate.
CITY OF ;:I.i° KENYON DISEND,PLLC
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By: A�� ity
, , By ,:
Steven Gross, City Attorney Michael R.Kenyon
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KENYON DISEND, PLLC
2018 HOURLY RATE SCHEDULE
ATTORNEYS:
Michael R. Kenyon $380.00
Kim Adams Pratt $340.00
David A. Linehan $340.00
Hillary E. Graber $265.00
Rachel B.Turpin $240.00
Ann Marie Soto $240.00
Charlotte A. Archer $240.00
Eileen M. Keiffer $240.00
Kendra R. Comeau $225.00
Alexandra L. Kenyon $190.00
Of Counsel:
Doug F. Mosich $300.00
PARALEGALS:
Margaret C. Starkey $165.00
Sheryl A. Loewen $135.00
Mary L. Maughan $135.00
Pam M. Odegard $135.00
Terry T. Curran $135.00
Antoinette M. Mattox $125.00
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