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Home My WebLink About4747 Contract Number: 4747 Vendor: DONALD W HEYRICH PLLC - LAW OFFICES OF Subject: Chief Labor Negotiator /Labor Consultant Department: Human Resources File Class: LEG 12 -1 Begin Date: 07/01/2008 End Date: 12/31/2008 Review Date: 08/01/2010 Vault Date: Comments: Agreement signed 8/13/08 Amendment to be executed for 2009 Notified HR 3/10 contract expired Amendment or new agreement still not executed 6/10 ~ PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Law Office of Donald W. Heyrich PLLC ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Retained Counsel will perform the services set out in the Scope of Work, which is attached as Exhibit A and incorporated by reference. The Scope of Work may be modified only pursuant to Section VI.D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences on July I, 2008, and terminates on December 31, 2008. III. Compensation: Compensation under this contract shall not exceed Thirty-One Thousand Dollars ($31,000). The City shall pay Retained Counsel hourly rates for services and fees as detailed Exhibit B. IV. Insurance and Hold Harmless: 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. Retained Counsel shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. 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, 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: Human Resources 345 Sixth Street, Suite 600 Bremerton, W A 98337 The Law Offices of Donald W. Heyrich PLLC Attn: Donald W. Heyrich Market Place Tower 2025 First Avenue, Suite I 150 Seattle, WA 98121 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 of this 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. VII. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. LAW Of ICE OF DON YRICH PLLC By: Ca Bozeman Its: Mayo~ In Date: ~ /<.3 R I APPROVED AS TO FORM: j)f)N~ u. HtiVRcc.,fI Ow~-e~ '7 , 1'7log RECEIVED FOR FILING: R:\Legal\Legal\Contracts\HR\2008 Heyrich PSA.doc 2 EXHIBIT A Scope of Services for Chief Negotiator/Labor Relations Consultant The individual/firm retained by the City for performance of this work will be expected to provide the following services: . Review the current contracts, the City's initial proposals for successor agreements and suggest solutions regarding collective bargaining agreement provisions, in light of the City budget and operational needs and industry trends for the following bargaining units: 1. Bremerton Police Officers Guild (BPOG) 2. International Association of Fire Fighters (IAFF) Local #437 3. Teamsters Local #589 . Meet with and advise the City Council, Mayor, Human Resources Manager, Police Chief and his administrative staff, Fire Chief and Assistant Fire Chief, and certain other Department Directors, as required and requested by the City, regarding labor policy and the status of negotiations. . Under the direction of the City and/or its designee(s), shall represent the City as Chief Negotiator in negotiations, mediation, and interest arbitration as may be required and requested, in reaching settlement for successor labor agreement(s) with the aforementioned bargaining units. . During the collective bargaining process may be required to make formal presentation of recommendations to the Mayor and Department Directors/Managers as well as the City Council in Executive Sessions. 3 EXHIBIT B Fee Schedule for Chief Labor Negotiator/Labor Relations Consultant I. Hourly Rates: Attorneys: Donald W. Heyrich Thomas Affolter Paralegal: c.n(&~.> 1". 'R~__ II. Other services/fees: Copies LD calls Travel expenses Computer legal research Postage $175.00 $155.00 .~s $ .15 cents per page Actual cost Actual cost from/to Seattle via Seattle/Bremerton ferry, plus hourly rate for assigned attorney if actual work is being performed for the City while in route, otherwise Yz hourly rate. Excludes travel via Tacoma/Narrows Bridge or other alternate land route. Actual cost Any cost over $1.00 4