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HomeMy WebLinkAbout19-099 - Seabold Group - Investigative Consulting Services19-099 Council Approval N/A 4039 215t Ave. W., Ste. 100 qkwoap Seattle, WA 98199 t. 206 522 1152 mnorberg@seaboldgroup.com May 24, 2019 PRIVATE & CONFIDENTIAL BY EMAIL Rachel B. Turpin, Esq. Kenyon Disend PLLC 11 Front Street South Issaquah, WA 98027-3820 Re: Engagement Letter — City of Tukwila Dear Ms. Turpin, This written agreement confirms that you have retained Seabold Group to provide investigative consulting services described in more detail below. All work on this engagement will be performed under your or your designee's direction for the benefit of your client, the City of Tukwila (hereafter "your client"). SCOPE OF WORK Seabold Group has been retained to conduct a factual investigation, to include examining documents provided by your client and conducting witness interviews, as directed by you or your designee. The scope of this engagement is limited to and for the purpose of conducting a fact- finding investigation. All communications, whether written or oral, between Seabold Group, you, and/or your representatives in this matter are not intended and shall not be construed by any party as legal advice on any matter that may arise during the course of this engagement. This agreement is intended to cover all work performed by Seabold Group regarding this matter, including any work performed prior to the execution of this agreement. FEES COSTS AND BILLING For professional services rendered by any principal of Seabold Group, you will be billed $270 per hour. For services provided by our associate, you will be billed $170 per hour. You will also be responsible for costs and expenses incurred on your behalf such as for travel, database searches, copying and postage. We will, of course, make every effort to complete all work undertaken on your behalf as expeditiously and inexpensively as possible, and we will keep you informed as the matter progresses. You will be billed monthly commencing June 1, 2019, for services rendered and costs incurred during the preceding period. Payment is due within 15 days of the date of the invoice. All rates quoted herein are our current rates for services rendered and may be modified from time to time after notice to you. Page 1 of 3 Payment of fees and costs are not contingent upon the final result, and it is understood that Seabold Group does not and cannot warrant or predict results or final developments in this matter. Total costs shall not exceed $10,000 without express written consent of the City. CONFIDENTIALITY All communications, whether written or oral, between Seabold Group, you, and/or your representatives in this matter shall be regarded as confidential. We shall endeavor to include on all work papers and communications "Attorney Work Product" and "Attorney Investigator Communication," as appropriate. Disclosure of the nature or content of any such oral or written communication shall not be made without your prior approval. Any requests for such disclosure shall be reported directly to you, both orally and in writing. Nothing in this agreement shall be construed as prohibiting a disclosure pursuant to a court order. Any request by any person or authority to inspect or copy such materials or any attempt to subpoena or summons such materials shall be reported immediately to you. In the event that Seabold Group is requested by you to testify, subpoenaed by anyone, receives a court order, or is otherwise asked to participate at any stage of any kind of judicial or administrative proceeding concerning any work performed for you in connection with this engagement, we will be compensated for the time involved in responding to such subpoena(s) and order(s) at our current billing rates for professional time and for all costs that may reasonably be incurred in connection therewith, including attorney fees. Before commencing work to respond to such a subpoena or order, Seabold Group shall provide you with an estimate of the time that will be required to comply and the expense we anticipate incurring. CONFLICT OF INTEREST Seabold Group has determined that it has no known conflict of interest that prevents us from accepting this engagement. We recognize that this engagement involves a matter of great sensitivity and that actual or apparent conflicts must be avoided. If Seabold Group has any reason to believe at any time that a conflict actual or apparent may or could exist, we shall contact you immediately to discuss the potential conflict. TERMINATION AND DISPUTES Any party may terminate this agreement at any time. Upon your written notice to terminate, we shall immediately stop all work. Termination of work shall not, however, terminate obligations of confidentiality unless so expressly provided. In the unlikely event that a dispute arises concerning or relating to this agreement, the parties will attempt to resolve the disagreement to the satisfaction of both sides with little inconvenience or formality. If we are unable to resolve a dispute within 30 days of the date such dispute arises, it is further agreed that any controversy or claim arising out of or relating to this agreement shall be settled by arbitration and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees and costs and expenses incurred. Page 2 of 3 Please indicate your agreement to the foregoing terms of our engagement by signing a copy of this letter and returning it to me for our files. We very much appreciate the opportunity to assist you in this matter. If you have any questions regarding this agreement or should you have any questions at any time regarding the nature of our services, please do not hesitate to contact me. Respectfully yours, Mav6tw Narbe � Martha Norberg, CPA, CFE, Principal Seabold Group ACCEPTED AND AGREED THIS 6th DAY OF June, 2019 Kenyon Disend PLLC IS Rachel B. Turpin, Esq. Counsel for City of Tukwila Page 3 of 3