HomeMy WebLinkAbout19-017 - Rebecca Dean PLLC - Workplace Investigationsjanua
VLA EMAIL
Juan Carlos Padilla
Human Resources Director
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Engagement — City of Tukwila/Investigation
Dear Mr. Padilla:
24, 2019
19-017
Council Approval N/A
Thank vou for the opportunity to conduct an investigation on behalf of the City of Tukwila
("the City"). I appreciate pour confidence and look forward to working with vou.
Accompanying this letter is a Statement of Services and Charges. This letter and the Statement
of Services and Charges are my engagement agreement with the City and will continue in effect
unless we make other written arrangements.
The Scope of the Engagement
You have asked me to investigate issues pertaining to City employee or official knowledge of
certain overtime pay practices.
1 understand that you have retained me because I am a lawyer with experience in workplace
investigations. Nevertheless, I will be conducting a factual investigation, and will not be acting as legal
counsel to the City-. Consequently, many of the ethical rules and standards applicable to an attorney
when the attorney- represents a client, such as a duty of confidentiality and the attorney -client privilege,
do not apply to this investigation. I assume that, to the extent you deem necessary, you have consulted
about these issues with your legal counsel.
Additional hiormation Regarding lVorX p/ace Investigations. It is possible that I may later be asked to
provide information regarding the investigation to third parties or subpoenaed to testify in a
deposition, arbitration or in court and/or to produce my investigation file. If this occurs, all time spent
in responding to the request or subpoena, preparing to testify, and testifying is within the scope of the
original representation. I will bill the City at my regular hourly rate at the time services are performed
and for the associated costs. I recognize that if the City is a party to formal legal proceedings, the City
or its trial counsel may be able to recover some expenses from the other party. It is not, however,
feasible for me to directly bill and collect these costs from the City' opposing party.
I will not provide information concerning the investigation to third parties without the City's
knowledge and consent, and without the City's express consent, will not respond to informal requests
for documents. I cannot, however, become involved in disputes between the City and parties to a
dispute regarding the scope or enforceability of a subpoena. I will notify the City or its representative
2212 QUEEN ANNE AVE. NORTH • BOX 158 • SEATTLE, WA • 98109-2312
PHONE: (206) 465-3594 FAX: (206) 420-8900
rebeccadean@comcast.net
January 24, 2019
of any request for information or documents or the service of a subpoena. \X'ith regard to subpoenas,
I will give the City and its trial counsel a reasonable opportunit\- to review the file, assess whether the
entire file or a portion of the file should be withheld, and decide whether to interpose objections to a
subpoena or move to quash. Nevertheless, I will not assert objections or file a motion to quash myself,
and unless the City takes action to oppose the subpoena, will appear and/or produce the file upon the
subpoena return date. You and the City acknowledge and agree that the City's lack of action following
notice from me of a subpoena constitutes a waiver of any applicable attorney client privilege.
Regarding communications with third parties, I usually send draft reports to a contract proofreader
and have recorded interviews transcribed by a contract transcriptionist. All contractors I engage are
bound by a strict confidentiality agreement. Your agreement to the terms of engagement constitutes
your agreement that I may share information about the investigation with them.
Check for Conflicts of Interest
I have not identified any conflicts of interest.
Contact Information
Please contact me with any questions that you may have about my work or any other aspect of my
services. You can reach me at (206) 465-3394 or by email at rebeccadean@comcast.net. NIv fax
number is (206) 420-8900.
It is my understanding that you will be my primary contact regarding this investigation, but that
other City employees may be involved in scheduling, making interview arrangements and providing
the City records. Because of the nature of this engagement, I will assume that I should not
communicate with others concerning the investigation process or results unless you advise me
otherwise.
Fees
My current hourly rate is $290. If you ever have a question about a bill or disagree with an entry,
please call me immediately. (N1y hourly rate is typically adjusted annually and changes in the rates go
into effect immediately. Those changes will thus be reflected in the next month's billing statement.) I
agree that total fees paid for this investigation shall not exceed $5,000 without the City's express written
consent.
Other Practices and Procedure.
The Statement sets forth in more detail certain practices and procedures. Please review it and
contact me if you have any questions. If there are any changes that you would like to see, we will need
to agree to them in writing.
— 3 — January 24, 2019
Oue r tion
Please call me at any time regarding questions you may have about my services, billing practices,
or the terms of this engagement.
Very truly yours
RI?BI,CC1 D[., PLLC
Rebecca Dean
Agreed this day of January, 2019
Juan Carlos Padilla, Human Resources Director
— 4 — January 24, 2019
STATEMENT OF SERVICES & CHARGES
This Statement of Services & Charges ("statement") sets forth my standard practices and billing
procedures, which will apply to your account unless we have agreed in writing to other arrangements.
Please review this statement carefully and contact me promptly if you have any questions. This
statement, as modified by my engagement letter and any subsequent written communications,
is my contract with you. If you have not received an engagement letter, this statement will be my
contract with you.
The Scope of Engagement
The engagement letter sets forth the scope of my engagement and the nature of the services that I
will provide. If there are any significant changes in the future in the scope of this engagement, I will
confirm those changes in writing with you.
I will at all times endeavor to provide services in accord with professional standards. However, any
expressions on my part concerning the outcome of this engagement are expressions of professional
judgment and are not guarantees of results. Additionally, my services are subject to rules of
professional conduct, are necessarily limited by my knowledge of the facts, and are based on the state
of the law at the time I render services.
Basis for Fees
My fees for a particular matter may be based upon a variety of factors, depending on the nature of the
engagement and any special written arrangements you have made. I keep records of the time I spend
on your work, which will be reflected on the invoice sent to you. I bill in tenth of an hour increments.
Although the majority of the work I perform is based upon the hours expended, we may agree upon
alternative fee structures for particular projects.
I am often asked to estimate the fees and charges for a particular matter. I will attempt to prepare
estimates upon request, although it is often very difficult to make an accurate prediction. Please
understand that an estimate I provide is not a maximum or fixed -fee quotation and, absent my express
written agreement to the contrary, the ultimate amount due may vary from the estimate.
Ancillary Charges
You will be charged for certain expenses advanced or incurred in connection with this engagement,
including travel expenses (such as air fare, airport parking, transportation, and selected local travel
expenses such as mileage or parking charges), and third parts- expenses. I do not charge for long
distance telephone calls made within the United States, in -office copying or proofreading services.
Examples of third party expenses include transcription costs, copying performed by out -of -office
services and shipping charges, outside messenger services and similar costs. For the most part, third
party expenses are passed through to you at my cost. With the exception of minor outside service
copying and shipping charges, I usually will arrange for direct billing of the third party expenses to
you, but will often advance payment on your behalf if the amount is less than $500 and if your account
is current. In the alternative, I may request an advance deposit for expenses.
I would be pleased to discuss the specifics of mv charges and to answer any questions that you may
have.
January 24, 2019
Billing Statements
I typically bill for fees and expenses at the completion of a short-term project or on a monthly basis,
whichever is earlier. I normally transmit invoices by email. If you prefer another delivery method,
please let me know at your earliest convenience. Payment is due upon receipt of the invoice. While I
understand that a reasonable time is needed for processing invoices, I ordinarily expect payment within
30 days of the invoice date. Any other billing arrangement must be specifically provided for in writing.
Billing for expenses may lag an additional month or more, depending, for example, on how fast third
party vendors bill me, on your behalf, for their services.
If vou disagree with a statement or have questions about your bill, please contact me immediately so I
can investigate any issues. I will forward a statement of account to vou if vou have any outstanding
invoices.
Delinquent Accounts
Like other businesses, I have substantial cash requirements for which I must borrow money if accounts
are not paid promptly. I therefore add a late payment charge to accounts not paid within thirth° (30)
days of the invoice date. The late payment charge is currently assessed at a rate of 1% per month on
any unpaid amount.
If your account becomes delinquent and you do not arrange satisfactory payment terms, within the
bounds of the rules of professional conduct, I reserve the right to cease or suspend work on your
behalf and, if applicable, to withdraw from the engagement and to pursue collection of the account.
Standard Purchase Order Terms & Procurement Processes
It may be that you have a procurement process for services, which may involve a purchase order
containing standardized terms. The engagement letter and this statement control over any such terms.
Please note that I cannot agree to any terms which are not disclosed in advance, and submission of
invoices does not indicate my acquiescence in such provisions. In particular, some purchase orders
include insurance requirements and indemnity and defense agreements. With regard to insurance, I
maintain professional liability and commercial general insurance commensurate with the risks
associated with my practice. If you have any questions about my coverage, I would be happy to answer
them. Unless we agree otherwise, I assume that my current coverage is sufficient. Please note that I
cannot consent to an indemnity or defense agreement.
Files and Termination of Services
You may terminate my services at any time, with or without cause, by notifying me. I reserve the right
to cease performing services and to terminate this engagement for any reason consistent with the
applicable ethics rules. Termination of my services will not affect your responsibility for payment of
fees for my services and ancillary charges for third party services rendered before termination. Upon
termination of the engagement, I will return to you original papers and any property you provided to
me. I reserve the right, where permitted by applicable ethics rules, to retain my work product to the
extent it has not been paid for.
In circumstances where I perform isolated services for you or when I have not performed services for
you for a long time, it is my policy that the engagement will be considered terminated upon completion
of the services that you retained me to perform. If you later retain me to perform further or additional
services, we will need to enter into a new engagement.
— 6 — January 24, 2019
During the course of this engagement, you may be required to provide me with original documents.
At the conclusion of the engagement, I will contact you and make arrangements for the return of the
records you provided. I will retain the balance of your file for an appropriate time period. It is your
responsibility to secure the return of your records. If arrangements are not made for the return of
your records within seven years following the conclusion of the engagement, they will be destroyed.
Avoiding Problems with Insurance
There are no third party beneficiaries of mv services. It may be that some or all of my bills are covered
by insurance. You agree to notify me in writing of any insurance arrangements and, if necessary for
me to communicate with it, to supply the name and address of the insurer. It is your responsibility to
determine whether your insurer has any procedures or other requirements that would apply to this
engagement and advise me of any such requirements. Please let me know if you wish me to send
invoices directly to your insurer. I will do so upon request, but you remain responsible for any fees
and charges that your insurer may refuse to pay.
Questions
I strive to provide services in an effective and efficient manner, and want all billings to be accurate and
understandable. Please contact me if you have any questions.
Thank you, again, for this opportune