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16-105.01 Ogden Murphy Wallace: Mobilitie 1( -I S.o I OLDEN RECEIVED OGDEN MURPHY WALLACE,PLLC 7206.447.7000 OMWLAW.COM 901 FIFTH AVENUE,SUITE 3500 F 206.447.0215 M U F\P H Y JAN 3 0 2017 SEATTLE,WA 98164.2008 WALLACE CITY OF SPOKANE VALLEY LEGAL DEPARTMENT AT ORNEYS W. Scott Snyder 206.447.2260 ssnyder@omwlaw.corn January 23, 2017 City of Spokane Valley c/o Cary Driskell 11707 East Sprague Avenue, Suite 103 Spokane Valley,WA 99206 Re: Potential Conflict of Interest Waiver Dear Cary: Since the commencement of the Mobilitie Consortium additional member cities have joined. Though each Engagement Letter contains a potential conflict of interest waiver, we are asking that each member city of the Mobilitie Consortium execute this waiver so that we may continue to represent all of the cities as members of the consortium. The cities attached,as Exhibit A are currently,memhers,of the,Mobilitie Consortium. We.will no longer be adding additional cities following this notification. • Under Rule 1.7 of the Rules of Professional Conduct, a lawyer may not represent a client if the representation of that client will be directly adverse to, or may be materially limited by the lawyer's responsibilities to another client, a former client, or third person, unless the lawyer reasonably believes: that he/she will be able to provide competent and diligent representation to each affected client; the representation is not prohibited by law; and the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding. The Washington Rules of Professional Conduct require us to consult with each of you to explain the conflict and the potential for a breach of confidential information and to obtain your consent to our representation. A risk of common representation is"tharthere could arise a future conflict between the parties. In the event of a future conflict, Ogden Murphy Wallace, PLLC will withdraw from further representation in this matter and will only represent those cities that we represent independently of the Mobilitie Consortium as City Attorney. However, if we have acquired confidential knowledge or information about any of the other Consortium jurisdictions that could be used to the benefit of those cities with regard to the conflict, we will withdraw from further representation of all parties as it relates to the conflict. Obviously, our firm will at all times take all reasonable steps to safeguard the confidentiality of all of your affairs as you each may require. , We have concluded that the interests of each Party are aligned such that at present there is no actual conflict of interest between the cities withregard to the activities performed on behalf of the Mobilitie Consortium. We will, however, be available to discuss any reservations that any of~youmay have {ERZ1538564.DOC;1/00005.080024/} City of Spokane Valley January 23, 2017 Page 2 regarding these matters. We also recommend that you review this letter with other counsel before making a decision, but you are not obligated to do so if you do not wish to. If the statements contained in this letter meet with your approval,we ask that you execute the enclosed copy of this letter,date it,and return it to Ogden Murphy Wallace for our files. Very truly yours, OGDEN MURPHY WALLACE, P.L.L.C. if . 'Cott SI der Elana R. Zana CONSENTED TO THIS 7 "'DAY OF " b r'u/;yy , 2017 CITY OF SPOKANE VALLEY 4/k_ Cediti*yv BY: elf-Ymamir {ERZ1538564.DOC;1/00005.080024/) City of Spokane Valley January 23, 2017 Page 3 EXHIBIT A LIST OF CONSORTIUM CITIES City of Bellevue City of Kent City of Kirkland City of Mountlake Terrace City of Redmond City of Mukilteo City of Puyallup • City of Mount-Vernon City of Ellensburg City of Spokane Valley City of Gig Harbor City of Issaquah City of Walla Walla City of Renton City of Bremerton City of Lake Steven City of Richland City of Oak Harbor City of Des Moines City of Bothell City of Snohomish City of Stanwood City of Federal Way City of Kennewick City of Burien {ERZ1538564.DOC;1/00005.080024/}