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HomeMy WebLinkAbout5039 Contract Number 5039 Vendor SUMMIT LAW GROUP, PLLC Subject- Labor Relations Department. Finance File Class- LEG 12 -1 Begin Date* 6/16/2011 End Date- 12/31/2012 Review Date: 11/1/2012 Vault Date Comments CLOSED_ -- Superceded by Contact #5225 PROFESSIONAL SERVICES AGREEMENT The Crty of Bremerton ("City") and Summrt Law Group, PLLC ("Retained Counsel"), referred to collectively as the "Parties," enter mto the followmg Agreement for professional services I. Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to Labor Relations as directed by the Director of Financial Services II. Term: This Agreement commences upon execution by the Parties and shall continue m full force and effect until termmated pursuant to Section V of this Agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in an amount not to exceed$50 The City shall pay Retained Counsel hourly rates for services as described in Attachment A Out of pocket expenses will be reimbursed m accardance with Retained Counsel's standard billmg practices The Parties agree that the hourly rates for services stated herein may, from time to time, and upon approval by the Director of Financial Services, be ad�usted to reflect current market rates and conditions IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City Attorney's Office verifying the following coverage a professional liabilrty 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 remam in full force and effect, and provide coverage for the full term of this Agreement Insurer shall provide the Crty Attorney wrth 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 termmated The Crty may terminate representation at any time, wrth or wrthout cause upon written notice to Retamed Counsel Retained Counsel reserves the right to withdraw from representing the Crty if fees are not timely paid, or for any other appropriate cause VI. General Conditions: A. Reports and Information: When requested by the Director of Financial Services, 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 constrtutes 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 writmg and delivered to the followmg addresses CIT'Y RETAINED COUNSEL Becky Hasart, Dvector of Ftnanc�al Serv�ces Bruce L Schroeder City of Bremerton Summit Law Group PLLC 345 Sixth Street, Surte 600 315 Sth Ave S, Surte 1000 Bremerton, WA 98337 Seattle, WA 98104 1 F. G. I�. I. J. 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 Compliance with Laws: Retamed Counsel shall comply with all applicable Federal, State and local laws m performing its obligations under this Agreement Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington Any �udicial action to resolve disputes ar�sing out of this Agreement shall be brought in Krtsap County Superior Court 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 Hold I�armless and Indemnification: 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 Retamed Counsel agrees to defend, mdemmfy, and hold harmless the Crty and rts officials and employees from and against all liabilrty, loss, damages, and expenses, includmg costs and attorneys' fees, resultmg from actions, claims, and lawsurts arismg or alleged to have arisen, in whole or m part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, rts subcontractors, its agents, or its assigns in the performance of this Agreement The Crty and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immumty under Title 51 RCW, which is hereby wai,�ed 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�udicially found to arise solely from the acts or failures to act of the City CITY OF BREMERTON '�' O,� " B �a,+l� �e�tf Its rn�DK Date b — / 6 -- jl APPROVED AS TO FORM SUMMIT LAW GROUP, PLLC By Bruce L Schroeder, Member Date S 2�-- /5 2 ATTACHMENT A SUMMIT LAW G1tOUP -- LABOR/EMPLOYMENT ATTORl�1EYS 2011 Fee Schedule s r � NAME PUBLIC RATE Kristin D. An er 250.00 Denise L. Ashbau h 225 00 John H Chun 255.00 Elizabeth R. Kennar 250.00 Otto G. Klein 285.00 Sofia D. Mabee 220.00 Shannon E. Philli s 250 00 Bruce L. Schroeder 285.00 Linda Swanson 105.00 Rodne B. Younker 280.00 Publ�c Rates