03-026.00 Workland & Witherspoon: LTGO Bonds for CenterPlace ProjectSpokane Valley Contract
No. CO3-26
Approved: March 1.3, 2003
ATTORNEY-CLIENT EEE CONTRACT
This document (the "agreement") is made and entered into as of the 13th day of
March, 2003. We, WORKLAND & WITHERSPOON, P.L.L.C., ("attorneys") will
provide legal services to you, City of Spokane Valley, ("client") on the terms set forth
below:
I . CONDITIONS. This agreement will take effect as of the date set forth
above when you return a signed copy of this agreement.
2. SCOPE OF SERVICES. You are hiring us as your attorneys to
represent you relating to your proposed involvement and participation in agreements to
be entered into among you, Spokane Public Facilities District, Spokane County and the
City of Spokane leading to a proposed issuance of Limited Tax General Obligation
Bonds in the principal amount of $7,000,000.00. We will provide those legal services
reasonably required to represent you in these transactions although it is specifically
understood that we will not be acting as bond counsel in this matter. We will take
reasonable steps to keep you informed of progress and to respond to your inquiries.
Unless you and we make a different agreement in writing, this agreement will govern all
fiiture services we may perform for you.
3. CLIENT'S DUTIES. You agree to cooperate with us, to keep us
informed of developments, to abide by this agreement and to pay our bills on time.
4. MINIMUM EEE/DEPOSIT. Not applicable.
5. CURRENT LEGAL FEES AND BILLil\NG PRACTICES. You agree
to pay by the hour at the rate for time spent on your matter by our legal personnel that we
have agreed to. The hourly rate for legal services performed in this matter will be
$150.00. We will charge you for the time we spend on telephone calls relating to your
matter, including calls with you, other counsel or parties.
6. COSTS AND OTiTER CHARGES. We will incur various costs and
expenses in performing legal services under this agreement. You agree to pay for those
costs and expenses in addition to the hourly fees. The costs and expenses commonly
include process servers' fees, fees fixed by law or assessed by courts and other agencies,
court reporters' fees, long distance telephone calls, messenger and other delivery fees,
postage, parking and other local travel expenses, photocopying and other reproduction
costs and other similar items. Unless set forth otherwise, all costs and expenses will be
charged at our cost. You agree to pay transportation, meals, lodging and all other costs of
any necessary out-of-town travel by our personnel. You will also be charged the hourly
rates for the time legal personnel spend traveling. To aid in the preparation or
presentation of your case, it may become necessary to hire expert witnesses, consultants
or investigators. We will not hire such persons unless you agree to pay their fees and
charges. We will select any expert witnesses, consultants or investigators to be hired.
ATTORNEY-CLIENT
FEE CON'T'RACT - Page 1
PAW/City of Spokane valley/A`170RNEY-CLIENT FEE CONTRACT
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CO3-26
7. BILLING STATEMENTS. We will send you periodic statements for
fees and costs hicuq,ed, .Each statement will be due within ten (10) days of its date, You
may request a statement at intervals of no Jess than thirty (3 0) days_ If you do, we will
provide one within ten (10) days.
8_ DISCHARGE AND WITHDRANVAL. You may discharge us at any
time and we may withdraw our represcmtation at any time if we believe it is in your best
interests or for good cause, Good cause includes, but is not limited to, your breach of this
agreement, your failuze to pay monies owed this funs or others with whom we have
contracted for sei-viceslproducts on your behalf, your refusal to cooperate with us or to
fallow our advice on a material matter or any fact or circumstances that would render our
continuing representation unlawful or unethical. When our services conclude, all unpaid
charges will immediately become due and payable. After our services conclude, we will,
upon your request, deliver your file to you, aIong with any funds or property of yours in
our possession. However, it is agreed that you Will pay the reasonable cost of copying
}your fife pri or to release by this law firm. Unless agreed otherwise, it is further agreed
that this law firth and attorneys may retain your file after our discharge or upon the
completion of the services contemplated by this agreement. It is agreed that this law firm
and/or atton,eys may destroy your file, without recourse, any time after a period of three
years has elapsed from the date of our discharge or upon completion of the services
contemplated by (his agreement.
9. VENUEI.IURISDI CTION. The Clientacknowledges that venue for any
dispute between C1ient acid Attorneys shall be properly laid in Spokane County,
W"igton. Washington law shall exclusively apply to the iirterpretation and
enforcement of this agreement, regardless of the choice -of -lave. Tient waives the right to
pursue litigation elsewhere anti consents to submit to the exclusive jurisdiction of the
Spokane County Superior Court.
10_ DISCLAIMER OF GUARANTEE. Nothing in this agreement and
nothing in our sutements to you will be construed as a prormSe or guarantee about the
outcome of your matter. We make no such promises or guarajitees. Our continents about
the outcome of your matter are expressions of opinion only.
11 _ AUTHORIZATION I: ATION F'OR THE FIRM TO SIGN CHECKS FOR TIM
LIE T_ The C Iiealt gives the Firm the authority to sign checks on the C Iient's behalf
only to deposit in a ti -List account and to release amounts recovered for the Tient by
settlement or judgment. The Firrn will make every reasonable effort to notify the Tient
when the Run receives a check payable to the Client, which the Firm intends to sign,
deposit and/or release.
12. S AVYNG OR D.0 T.RO IN THE CLI-EN'll"S Fa LE ATTER THE
CASE I S OVER, The file belongs to the Client. Within hvo years after the case is
concluded; including the time for any appeal to conclude, the Client agrees to contact the
Finn to pick up the file. 'A.Itematively, the Tient authorizes the Fixni to destroy the file,
ATTORNEY-CLIENT
FEE CONTRACT - nage 2
I}AWr—ilyofSpokime ValleylAWORNEY UPOT FFG OhFI`ItACI-
except for documents of intrinsic value or legal significance, four years after the case is
concluded, including the time for any appeal to conclude. The Firm may, in its sole
discretion, maintain copies of any part or the entire file. The Client expressly agrees to
reimburse the Firm for all reasonable copy charges incurred if the Client wishes to obtain his
or her original file and/or documents in the file.
13. PRIVACY POLICY. Lawyers, as providers of certain personal services,
are now required by the Gramm -Leach -Bliley Act to inform their clients of their policies
regarding privacy of client information. Our law firm understands your concerns as a
client for privacy and the need to ensure the privacy of all your information. Your
privacy is important to us and maintaining your trust and confidence is a high priority.
Lawyers have been and continue to be bound by professional standards of confidentiality
that are even more stringent than those required by such Act. Therefore, we have always
protected your right to privacy. The purpose of this nonce is to explain our Privacy
Policy with regard to personal information about you that we obtain and how we keep
that information secure. We collect nonpublic personal information about you that is
provided to us by you or obtained by us with your authorization or consent.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT OUR
CLIENTS OR FORMER CLIENTS TO ANYONE, EXCEPT AS PERMIT -I -ED BY
LAW AND ANY APPLICABLE STATE ETHICS RULES.
We do not disclose any nonpublic personal information about current or former
clients obtained in the course of representation of those clients, except as expressly or
impliedly authorized by those clients to enable us to effectuate the purpose of our
representation or as required or pen-nitted by law or applicable provisions of codes of
professional responsibility or ethical rules governing our conduct as lawyers.
We retain records relating to professional services that we provide so that we are
better able to assist you with your professional needs and to comply with professional
guidelines or requirements of law. in order to guard your nonpublic personal
information, we maintain physical, electronic, and procedural safeguards that comply
with our professional standards.
14. EFFECTIVE DATE. This agreement will take effect as of the date set
forth in the first paragraph hereof.
WORK.LAND & WITHERSPOON, P.L.L.C.
�1
BY - _
PETER A. WITHERSPOON
ATTORNEY-CLIENT
PCE CONTRACT - Page 3
PAW/City of Spokanc Vallcy/A17ORNFY-0LIENT FEE CONTRACT
The undersigned has read and understood the foregoing terms and agreed to them.
CITY OF SPOK,AN ALLEY
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Lee Wa ton, City Manager
A` 70RNEY-CLIENT
FEE CONTRACT - Page 4
PANVICity of Spokane Valley/ATTORNEY-CLIENT FEE CONTRACT