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015-20 - Inslee Best Doezie & Ryder, PS - Contract Amendment 1DocuSign Envelope ID: 256EB896-B144-4014-B402-AC457CA6C073 AMENDMENT NO. 1 to CITY OF PORT ORCHARD AGREEMENT FOR LEGAL SERVICES This Amendment No. 1 ("Amendment") to Contract No. CO 15-20 for City Attorney/Legal Services is entered into between the City of Port Orchard ("City") and the law firm Inslee Best Doezie & Ryder, PS ("Firm"). The City and Firm are each a "Party" and collectively the "Parties" to this Amendment. RECITALS: WHEREAS, the City and Firm entered into an Agreement for Legal Services, Contract No. CO 15-20, in December 2019 (the "Underlying Agreement"), with a contract expiration date of December 31, 2022, with automatic one-year renewals; and WHEREAS, the City desires to continue to utilize the services of the Firm for legal services; and WHEREAS, in early 2020, attorney Jennifer Robertson, formerly of Northwest Urban Law, PLLC, joined the Firm and prior to joining the Firm, Attorney Robertson maintained a separate Agreement with the City, Contract No. 052-18, dated June 26, 2018, for legal services; and WHEREAS, since joining the Firm, Attorney Robertson has continued to provide legal services to the City as a team member, pursuant to the terms of Contract No. 052-18; and WHEREAS, the City and Firm have negotiated the Amendment to incorporate Attorney Robertson as a member of the Firm subject to the terms of the Underlying Agreement, thereby terminating Contract No. 052-18; and WHEREAS, as the Firm's rates for service have remained unchanged since December 2019, the City and Firm have negotiated updated rates for service for the extended term; and NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. Section 7, Term, of the Underlying Agreement is hereby amended to read as follows: This Agreement shall be in effect from January 1, 2020, through December 31, 2024, with automatic annual one-year renewals. Renewal beyond December 31, 2026 will require City Council reauthorization. The Firm may submit updated rates for each renewal year beginning on January 1, 2024, provided the rate increase shall not exceed the change in the consumer price index (CPI-U) for the Seattle -Tacoma -Bellevue. At any time during the term of this Agreement, either party may terminate this Agreement upon sixty (60) days written notice. 2. Section 5, Fees and Costs, of the Underlying Agreement is hereby amended to read as follows: DocuSign Envelope ID: 256EB896-B144-4014-B402-AC457CA6C073 The legal services shall be billed at the hourly rates set forth on Exhibit A. The City shall reimburse the Firm for all out-of-pocket expenses incurred on the City's behalf, including but not limited to court fees, deposition costs, special mailing or courier, photocopying, long distance telephone, facsimile, travel expenses, bridge tolls, and computerized legal research outside of the Firm's base plan. The City will not reimburse for ferry fares. The Firm will not advance funds to pay third party costs (e.g., expert witness fees), and invoices for those costs will be forwarded to the City for payment. The Firm will not charge the City for travel time or mileage costs incurred for three (3) trips, per month, to and from City Hall, provided Attorney Robertson shall bill for travel time or mileage for trips to and from City Hall. Travel time and mileage costs for additional trips and/or trips to locations other than City Hall will be reimbursed at the hourly rates for the attorneys. 3. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 4. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year set forth below ("Effective Date"). Dated this 20th day of December 2022. T , QJF TORT ORCHARD r6 Naaun,wvu Robert Putaansuu, Mayor ATE�Tgned by: ;0CUn, W Bran y a ace, MMC, City Clerk paP o Rq UIvu r DOEZIE & RYDER, PS Charlotte Archer, Shareholder DocuSign Envelope ID: 256EB896-B144-4014-B402-AC457CA6C073 Exhibit A INSLEE, BEST, DOEZIE & RYDER, PS 2023 Attorney Billing Rates for Port Orchard* ATTORNEYS MUNICIPAL HOURLY RATES** Charlotte Archer $ 250 / $275 Curtis Chambers $ 250 / $275 Jennifer Robertson $ 275 Other municipal group partners (if added) $ 325 Municipal associates*** $ 230 Other firm partners 10% less than regular firm rates, rounded to next lowest $5 increment, adjusted annually Fees charged to other parties (i.e., developers, franchisees, etc.) Regular firm rates, adjusted annually The City will be charged at the $250 per our rate for the first forty (40) hours of work per month for work performed by Charlotte Archer and Curtis Chambers. Otherwise, the above rates will apply. *This Revised Exhibit A and the attorney rates set forth herein are subject to change on January 1, 2024, based on the mutual consent of the City and Firm. **Attorney rates for legal review of land use applications and permits that are reimbursed by developers to the City shall be at the attorneys' rate identified in Ex. B entitled "Inslee Best 2023 Attorney Billing Rates - Exhibit B Agreement for Legal Services". The attorney billing rates set forth in Ex. B may be revised annually by the mutual consent of the City and Firm. ***If a Firm Associate becomes a Partner in 2022 or 2023, then a Municipal Group Partner rate of $275 shall apply. DocuSign Envelope ID: 256EB896-B144-4014-B402-AC457CA6C073 Exhibit B INSLEE, BEST, DOME & RYDER, PS 2023 Regular Attorney Billing Rates ATTORNEY 2022 BILLING RATE Archer, Charlotte A. $370 Bersin, Richard A. $480 Brossard, Kay L. $470 Chambers, Curtis J. $370 Danysh, Annal-isa C. $350 Findley, Dan G. $550 Frimodt, Eric C. I $435 Henry, J. Todd $505 Jayawardhan, Shweta $280 Johnson, Anneliese E. $430 Larson, Rosemary A. $440 Lawyer, David J. $560 Leen, Mark S. $455 Linton, William A. $425 Ornstil, Phillip S. $385 Peterson, Kathryn Felice $425 Pirnke, Christopher W. $370 Reitan, Dawn F. $450 Robertson, Jennifer S. $450 Roth, Tyler J. $300 Shin, Dan N. $435 Ursich, Gregory L. $500 Weber, Katherine F. $460 Wiese, Brett N. $570 Wong, Juliana U. $425 Law Clerks $265 Corporate Paralegal $315 Estate Planning/Probate Paralegal $315 Estate Planning Drafting Paralegal $255 Family Law Paralegal $250 Trademark Paralegal $285