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HomeMy WebLinkAboutHummer Boyd PLLC - HUD 108 Loan Professional Services AgreementHUMMER BOYD PLLC 6 South 2nd Street Tenth Floor -Suite 1016 Yakima, Washington 98901 Ph: I 509 I 895-2500 Fax: I 509 I 895-2510 PROFESSIONAL SERVICES AGREEMENT PURPOSE: This Professional Services Agreement ("Agreement") describes the terms under which Hummer Boyd PLLC (the "Firm") will provide legal services to CITY OF PASCO ("Client"). SCOPE OF SERVICES: Based upon discussions to this point, the scope of Hummer Boyd PLLC's representation will be limited to those matters necessary to represent the Client's interests with regards to: HUD 108 LOAN. LEGAL FEES: The Client will be billed for the Firm's services on an hourly basis. The hourly rates of the professionals who may assist in rendering the legal services are as follows: Donald A. Boyd $275.00/hr. Attorney ZacharyP. Hummer $250.00/hr. Attorney Kari R. Voelker $100.00 /hr. Paralegal Elena C. B. Hummer $50.00/hr. Administrative ADVANCE FEE DEPOSIT: It is the Firm's practice to require an advance fee deposit, sometimes referred to colloquially as a retainer, which an attorney of Hummer Boyd PLLC has discussed with the Client and which will be required before, or no later than the time of, the commencement of representation. Advance fee deposits are held in an IOLTA trust account and applied to fees and expenses as they accrue. Upon the request of Hummer Boyd PLLC, the advance fee deposit will need to be replenished. Hummer Boyd PLLC may, in its discretion, request an increased and/ or additional advanced fee deposit in circumstances whereby 1 of 6 I www.hummerboyd.com I PROFESSIONAL SERVICES AGREEMENT it comes to be anticipated that additional fees and expenses may be reasonably incurred by the Client (or on the Client's behalf) based upon the circumstances of the representation and/ or the work which is anticipated to be performed. Any remaining funds will be returned to the Client upon completion of the matter. The preliminary advance fee deposit due under this Agreement shall be $ -0- SUPERVISING ATTORNEY: Attorney DONALD A. BOYD will be the attorney responsible for overseeing that the work on your matter is carried out in an efficient and economical manner. The supervising attorney may be assisted by other attorneys, paralegals, and legal assistants in the Firm, though all such persons will be bound to the Client by the same duties of loyalty and confidentiality that bind the supervising attorney. GENERAL RATES: The usual basis for determining the Firm's fees is the time expended by attorneys, paralegals, and legal assistants of the Firm. The rates for services presently range from $50.00 per hour for assistants to about $27 5.00 per hour for senior lawyers. The hourly rates of the Firm's personnel may be increased from time to time in the discretion of Hummer Boyd PLLC. Where appropriate, the Firm will endeavor to use a paralegal or assistant of the Firm in an effort to promote value to the Client. OTHER FACTORS AND RATES: The Firm is committed to charging reasonable fees for services. Although time expended and costs incurred are usually the basis for determining Hummer Boyd PLLC's fees, by mutual agreement, billings to the Client for legal services may, in some instances, be based on a more comprehensive evaluation of the reasonable value of the Firm's services. In certain situations, factors other than the amount of time required may have a significant bearing on the reasonable value of the services performed. Such factors include: The novelty and complexity of the questions involved; The skill required to provide proper legal representation; Familiarity with the specific areas of law involved; The preclusion of other engagements caused by the Client's matter; The magnitude of the matter; The results achieved; Customary fees for similar legal services; Time limitations imposed by the Client or by circumstances; and The extent to which office forms and procedures have produced a high-quality product efficiently. 2 of 6 I www.hummerboyd.com I PROFESSIONAL SERVICES AGREEMENT If the Firm's fees will be based on or include factors other than the normal hourly rates and expenses, the Firm will notify the Client promptly and prior to proceeding. BILLING: The Firm will invoice the Client on a regular basis for all of the time spent on the Client's matter and for other expenses incurred which relate to the Firm's provision of legal services on the Client's behalf. The Client will receive invoices for fees and expenses incurred as a result of the Firm providing legal services on the Client's behalf. The statements will indicate the amounts due and any balance which will remain due to the Firm after the invoiced amount is billed against an existing deposit (if any). Examples of the activities for which the Client will be billed for the professionals' time on an hourly basis include: a. Appearance(s) in Court and other legal proceedings or meetings/ conferences related thereto; b. Conference time, whether in person or on the telephone; c. Consultation(s); d. Document review, preparation, and revisions; e. Correspondence; f. Staff or attorney supervision; g. Factual and legal research and analysis; h. Travel on the Client's behalf; and 1. Any other matters which are undertaken on account of, or directly-related to, the Client's matter being handled by the Firm. Examples of typical expenses for which the Client may be billed (or directly responsible for) include as follows: a. Filing fees; b. Service/Delivery fees; c. Postage costs; d. Computer assisted legal research; e. Copying/Printing; f. Recording costs; g. Publication costs; h. Long distance telephone charges; 1. Charges of outside experts and consultants (though the same are usually billed directly to Client); J· Court-reporting expenses; and 3of 6 I w ww.hummerboyd.com I PROFESSIONAL SERVICES AGREEMENT k. Travel expenses. The Firm may, in its discretion, advance the payment of expenses on the Client's behalf, but the Firm shall not be required to do so. TIME FOR PAYMENT: The Client agrees to make payment within fifteen (15) days of receipt of the Firm's invoices. Outstanding balances that are not paid when due will accrue at the rate of 1.00% percent per month, compounded monthly, from the date of invoice until paid. PAYMENT METHODS: Hummer Boyd PLLC generally accepts most common forms of payment including cash, check, wire, or debit/ credit cards. Payments can also be arranged to be made through a secure online portal. Please inquire with Hummer Boyd PLLC for further information on this option. Please be advised that Hummer Boyd PLLC is prohibited from accepting credit card payment for attorney's fees from a debtor/bankruptcy client who would intend to list such payment of fees on a credit card as a debt in a bankruptcy proceeding and, accordingly, the Client acknowledges that the Firm is not allowed to accept credit card payments for attorney's fees from a Client who intends to list such payment of fees on a credit card as a debt in a bankruptcy proceeding. TRUST DEPOSITS: All advance fee deposits from the Client, as well as any other monies received on the Client's or a third party's behalf, will be held in a trust account. By court rule in Washington, funds deposited to a trust account are subject to participation in IOLTA (interest on lawyer's trust account) such that they will be held in pooled account with interest being paid to the Legal Foundation of Washington. IOLTA funds are used to support law-related charitable programs. As an exception to the IOLTA requirement, when the deposit is large enough to earn interest in excess of bank charges and administrative costs associated with servicing the account, and if the Client requests that such monies be held in a separate account, such trust deposits may be placed in a separate trust account for the Client's benefit (or the benefit of the party to whom the monies otherwise belong as the case may be) and interest will be credited, paid, and taxed accordingly. TERMINATION: The Client may terminate the Firm's representation at any time, with or without cause, by notifying the Firm. Upon such termination, all fees and expenses incurred before the termination shall be deemed immediately due and payable to the Firm. If such termination occurs, the Client's original papers will be 4 of 6 I www.hummerboyd.com I PROFESSIONAL SERVICES AGREEMENT returned to the Client promptly, provided that, Hummer Boyd PLLC reserves the right to claim an attorney's lien for any amounts due and owing to the Finn. Nothing in this Agreement shall be construed to restrict or alter Hummer Boyd PLLC's right(s), if any, to claim an attorney's lien under applicable law. ESTIMATES: The Client may, from time to time, ask the Firm's attorneys for estimates of potential fees and expenses, either in whole or in part. The Finn is willing to provide estimates, but only does so whilst advising caution due to potential inaccuracies owing to the nature of legal matters oftentimes involving circumstances beyond the direct control or predictability of the Finn. However, if the Client would require an estimate, and if the Finn has or hereinafter provides the Client with any estimate, such estimates will be based upon its lawyer's professional judgment but always with a clear understanding that it is not a "maximum" or "fixed fee" quotation. With the exception of a separate, written flat-fee agreement between the Firm and Client, the Finn cannot and does not guarantee that the actual fees and expenses will be equal to or below any good-faith estimates provided insofar as legal matters oftentimes, if not regularly, involve circumstances outside the control of the Finn or its personnel. DISPUTE RESOLUTION: If the Client should disagree with the amount of the Firm's fee, the Client should raise the matter with one of the Finn's member attorneys, i.e., Zachary P. Hummer or Donald A. Boyd. Typically, such disagreements are resolved to the satisfaction of both sides and with little inconvenience or need for formality. The Washington State Bar Association does have a Fee Arbitration Board to assist in the settlement of fee disputes. Any disputes relating to the terms of engagement or the amount of legal fees related thereto may be submitted to the Fee Arbitration Board of the Washington State Bar Association for arbitration and prompt resolution. WITHDRAW AL: The Finn reserves the right to withdraw from representing the Client for any reason, including, without limitation, the failure to timely pay the Firm's fees or reimbursable expenses in accordance with this Agreement. Written notice of the Finn's intent to withdraw from representing the Client will be mailed to the Client prior to the Firm withdrawing from this matter. DISCLAIMER: The Client acknowledges that neither the Finn nor its attorneys has made any guarantee regarding the disposition, outcome, or results of the Client's legal or business matters, and that any and all expressions that have been made which are 5 of 6 I www.hummerboyd.com I PROFESSIONAL SERVICES AGREEMENT relevant thereto, are only the opinions of the Finn's lawyers based upon the information available at the time. CLIENT CITY OF PASCO RICK WHITE, CED Director ADDRESS: 525 North 3rd Avenue Pasco, WA 99301 PHONE: (509) 545-3441 6 of 6 I www.hummerboydcom I