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4606
SCHEER & ZEHNDER LLP
Retained Counsel - Municipal Government Services
Legal
LEG 12-1
01/01/2007
06/15/2010
See contract for compensation
Termination upon written notice
Review date for tracking only
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Scheer & Zehnder, LLP ("Retained Counsel"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in
matters related to municipal government services as directed by the City Attorney.
II. Term: This Agreement commences upon execution by the Parties and shall continue in
full force and effect until terminated pursuant to Section V of this Agreement.
III. Compensation: The City shall pay Retained Counsel hourly rates for services as
follows: $195.00/hr. for Partners, $155.00/hr. for Associates, and $90.00/hr. for
Paralegals. Out of pocket expenses will be reimbursed in accordance with Retained
Counsel's standard billing practices. The Parties agree that the hourly rates for services
stated herein may, from time to time, and upon approval by the City Attorney, be
adjusted to reflect CUITent market rates and conditions.
IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City's Risk
Manager verifying the following coverage: a professional liability policy ("E&O")
providing coverage of One Million Dollars ($1,000,000) for errors and omissions
committed by Retained Counsel while performing its obligations under this Agreement.
The policy shall remain in full force and effect, and provide coverage for the full term of
this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written
notice of any cancellation or change of coverage of the policy.
V. Termination: The Parties agree that this Agreement will continue in full force and effect
until terminated. The City may terminate representation at any time, with or without
cause upon written notice to Retained Counsel. Retained Counsel reserves the right to
withdraw from representing the City if fees are not timely paid, or for any other
appropriate cause.
VI. General Conditions:
A. Reports and Information: When requested by the City Attorney or a Bremerton
Assistant Attorney, Retained Counsel shall furnish periodic reports and
documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested.
B. Entire Agreement: This Agreement constitutes the entire agreement between the
Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found void, the balance of
the Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument
signed by both Parties.
E. Notices: Notices shall be in writing and delivered to the following addresses:
CITY:
RETAINED COUNSEL:
Roger A. Lubovich, City Attorney
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, W A 98337
John E. Zehnder, Jr.
Scheer & Zehnder, LLP
701 Pike Street, Suite 2200
Seattle, WA 98101
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F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed
a waiver of that provision. Waiver of any right or power arising out of this
Agreement shall not be deemed a waiver of any other right or power.
G. Compliance with Laws: Retained Counsel shall comply with all applicable
Federal, State and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising
out ofthis Agreement shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees: In the event of litigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attorneys' fees.
By: Roger A. Lubovich
Its: City Attorney
Date: /- 5-QJ
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R:\Legal\Legal\Contracts\L AL\2006 Scheer & Zehnder Agreement.doc
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