10-113.00 Koegen Edwards: Law Enforcement Dispute Negotiationrl 3
KOEGEN EDWARDS LLP
ATTORNEYS AT LAW
September 1, 2010
Mike Jackson, City Manager
Cary Driskell, Acting City Attorney
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane, Washington 99206
Re: Negotiation Related to Law Enforcement Contract between City of Spokane
Valley, Spokane County and Spokane County Sheriff
Honorable Mayor and Members of the City Council:
This letter will confirm that Koegen Edwards LLP (the "Firm ") has received the informed
consent of the City of Spokane Valley, Washington (the "City ") to continue our representation of
Spokane County, Washington (the "County ") in matter described below while undertaking our
representation of the City in the referenced mater, in which the interests of the City and the
County are adverse. It is our understanding that the referenced matter for the City involves
negotiation of all past -due amounts for the period prior to 2010 related to the Law Enforcement
Interlocal Agreement (the "Interlocal Agreement ") between the City, the County and the Spokane
County Sheriff. The need for this consent arises from the fact that we currently represent the
County as bond counsel in unrelated matters providing extensive counsel for various financing
issues. To the best of our knowledge, the negotiation of past -due amounts related to the
Interlocal Agreement on behalf of the City has no connection with any legal services that the
Firm is being asked to perform for the County. Please advise us if you have any different
understanding.
Under the rules governing professional responsibility and conflicts of interest, the Firm may
represent the City in a matter adverse to the County at the same time as it is representing the
County in an unrelated matter only if we have written consent of both clients and reasonably
believe that the Firm's representation of the County will not adversely affect our representation
of the City. We are confident that our ability to represent our clients' interests will not be limited
or compromised, especially since different attorneys are handling the different matters.
However, we recommend you seek independent legal advice to determine if this consent should
be given.
Please confirm that the City consents to the foregoing on an informed basis after full disclosure
and with the recognition that the Firm's simultaneous representation of the City on matters
adverse to the County and of the County in unrelated matters described above creates a conflict
of interest.
BANK OF AMERICA FINANCIAL CENTER
601 W. RIVERSIDE AVE., SUITE 1700
SPOKANE, WASHINGTON 99201
509- 747 -4040 PH 509- 747 -4545 FX
w w w. k o e g e n e d w a r d s. c o m
fib -1 1 3
Ir 1 3 Mr. Mike Jackson
IL Mr. Cary Driskell
September 1, 2010
Page 2
I also ask to confirm your understanding that if in the future the City no longer desires the Firm
to act simultaneously on behalf of both the City in matters adverse to the County and the County
in unrelated matters, the Firm will withdraw from representation of the City only and such
withdrawal will be the City's sole remedy. The City will not seek recovery of attorney's fees
expended prior to that time and will not seek to disqualify the Firm from continued
representation of the County.
Additionally, I ask to you confirm your understanding that in the event the negotiation of past -
due amounts related to the Interlocal Agreement proceeds to arbitration or litigation, we will
withdraw from representation of the City and will not represent either party with respect to such
matter.
We have enclosed an extra original of this letter for your file. We would appreciate your prompt
return of one signed original for our file.
Respectfully submitted,
KOEGEN EDWARDS LLP
The undersigned hereby consents to the representation as described above.
CITY OF SPOKANE VALLEY
By:
Title: c�—
Dated: �D /U
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KOEGEN EDWARDS LLP
ATTORNEYS AT LAW
Michael F. Connelly
September 1, 2010
Mike Jackson, City Manager
Cary Driskell, Acting City Attorney
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane, Washington 99206
Re: Representation of the City of Spokane Valley
Dear Mike and Cary:
Email: mike @koegenedwards.com
Direct Dial: (509) 343 -4477
The purpose of this letter is to advise the City of Spokane Valley (the "City ") of the services we
will perform and the fees we will charge as special counsel to the City.
SCOPE OF ENGAGEMENT
We expect to review and provide advice and guidance relative to the following matters:
1. State of Washington Department of Ecology v. Coyote Rock LLC, Spokane River
Keeper, Trust Unlimited and the Land Council and Spokane Valley /LUPA Approval;
2. State of Washington Department of Ecology v. Coyote Rock LLC and Spokane
Valley;
3. Sprague /Appleway Revitalization Plan;
4. Negotiations with Spokane County Sheriff regarding past law enforcement
contracts; and
5. Other additional matters as instructed in writing by the City Manager.
ATTORNEY - CLIENT RELATIONSHIP
In this transaction, the City will be our client and an attorney - client relationship will exist
between the City and Koegen Edwards LLP (the "Firm ").
BANK OF AMERICA FINANCIAL CENTER
601 W. RIVERSIDE AVE., SUITE 1 700
SPOKANE, WASHINGTON 99201
509- 747 -4040 PH 509- 747 -4545 FX
w w w. k o e g e n e d w a r d 5 . c o m
Ir / 3
IL Mr. Mike Jackson
Mr. Cary Driskell
September 1, 2010
Page 2
PERSONNEL
I will have primary responsibility for these matters. When appropriate, additional attorneys or
paralegals may assist me. We assign attorneys and other personnel on the basis of experience,
expertise, nature and scope of the issue, and the time constraints imposed by the matter.
FEES
We will bill the City for legal services on the basis of hourly rates. My rate for these matters will
be $250 per hour. I will use other attorneys and paralegals when appropriate. The rates for other
attorneys and paralegals range from $100 to $275 per hour. We revise our rates at least annually,
and services performed after the effective date of the new rates will be charged at the new rates.
DISBURSEMENTS AND OTHER CHARGES
From time to time, the Firm may advance or incur certain costs and expenses with respect to
your legal matters. These costs will be charged to the City. Such charges include court filing
fees, deposition or transcript fees, consulting or expert witness fees and expenses, long- distance
telephone charges, photocopying, computerized legal research, travel expenses and messenger
services. Although such expenses are your responsibility and we assume no liability for
payment, for administrative ease, the Firm, acting on your behalf, will generally advance
payment to providers if your account is current. When the amounts involved are large, however,
we may forward invoices to you for direct payment.
MONTHLY INVOICES
Each month I will review the time recorded to your account before an invoice is sent. We try to
bill all clients on a monthly basis. Statements are generally mailed by the last week of the month
following the month in which the services are performed. However, disbursements and other
charges often do not appear on our statements until a few weeks after the cost is incurred.
Payment on all statements is due upon receipt of the statements, and balances not paid within 30
days are assessed a late payment charge of 1.25 percent per month. We retain the right to cease
performing legal services and to terminate our representation of the City for any reason
consistent with ethical rules, including conflicts of interest or delinquency or nonpayment of
legal fees and expenses.
CONFLICTS OF INTEREST
As we have discussed, the Firm currently represents Spokane County (the "County ") as bond
counsel. Waiver letters have been signed by the City and the County, individually, with respect
to the negotiations regarding disputed amounts related to the Law Enforcement Interlocal
Agreement between the City, the County and the County Sheriff.
IL 3
Mr. Mike Jackson
Mr. Cary Driskell
September 1, 2010
Page 3
Additionally, please be aware that the Firm represents many other municipalities and investment
banking firms. It is possible that during the time that we are representing the City, some of our
present or future clients will have disputes or transactions with the City. The City agrees that we
may continue to represent or may undertake in the future to represent existing or new clients in
any matter that is not substantially related to our work for you even if the interests of such clients
in those matters are directly adverse. We agree, however, that your prospective consent to
conflicting representation contained in the preceding sentence shall not apply in any instance
where, as a result of our representation of you, we have obtained proprietary or other confidential
information of a nonpublic nature, that, if known to such other client, could be used in any such
other matter by such client to your material disadvantage.
If the foregoing terms are acceptable to you, please so indicate by returning the enclosed copy of
this engagement letter dated and signed, retaining the original for your files. We look forward to
working with you.
Very truly yours,
KOEGEN EDWARDS LLP
Michael F. Connelly
Accepted and approved o �� , 2010.
CITY OF SPOKANE VALLEY
By:_
Title:
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