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HomeMy WebLinkAbout5225Contract Number: Vendor Sub�ect. Department File Class Begin Date End Date Review Date Vault Date 5225 SUMMIT LAW GROUP, PLLC Labor Relations Human Resources LEG 12-1 2/20/2013 Comments PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("Crty") and Summit Law Group, PLLC ("Retamed Counsel"), referred to collectively as the "Parties," enter into the followuig Agreement for professional services I. Scope: Retasned Counsel vv�ll represent the CiTy of Bremerton on an as needed basis m matters related to Labor Relations as directed by the D�rector of Financial Services 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. Compens�tion: In considerahon of the services provided pursuant to tlus Agreement, the City sha11 pay Consultant in an amount not to exceed $60,000. The City shall pay Retained Counsel hourly rates for services as descnbed m Attachment A Out of pocket expenses vv�ll be reimbursed in accordance vv�th Retained Counsel's standard billing practices. The Parhes agree that the hourly rates for services stated herein may, from time to tune, and upon approval by the Director of Financial Services, be adjusted to reflect current market rates and condrtions IV. Insurance: Retamed Counsel sha11 provide Certificates of Insurance to the City Attorney's Office venfying the following covera,ge a professional liabilrty policy ("E&O") providmg coverage of One 1Vl�llion Dollars ($1,000,000) for errors and orYUSSions committed by Retained Counsel while performing its obhgat�ons under this Agreement. T'he policy shall remain in full force and effect, and provide coverage for the full term of tlus Agreement Insurer sha11 provide the Crty Attomey with thirty (30) days' wntten notice of any cancellation or change of coverage of the policy V. Termination: The Parties agree that this Agreement will contmue m full force and effect until temunated. The City may terminate representation at any time, with or vv�thout cause upon written notice to Retained Counsel. Retained Counsel reserves the nght to withdraw from representing the Crty if fees are not tnnely paid, or for any other appropriate cause VI. General Conditions: A. Reports and Information: When requested by the Director of Fmancial Services, Retained Counsel shall fumish penodic reports and documents on matters covered by tlus Agreement. The reports and documents shall be fu.rnished in the time and form requested. B. Ent�re Agreement: This Agreement constitutes the entue agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or ora1, that have not been set forth in the text of tlus Agreement. C. Severability: Should any part of tlus 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 m writmg and delivered to the following addresses: CITY RETAINED COUNSEL• Becky Hasart, Du�ector of Financial Services Bruce L Schroeder Crty of Bremerton Summit L,aw Group PLLC 345 Sixth Street, Surte 600 315 5� Avenue S, Surte 1000 Bremerton, WA 98337 Seattle, WA 98104 1 F. G. x. I. J. Waiver: Fa.ilure to enforce any provision of tlus Agreement sha11 not be deemed a waiver of that provision. Waiver of any nght or power ansmg out of this Agreement sha11 not be deemed a waiver of any other right or power. Compliance with Laws: Retamed Counsel shall comply with all applicable Federal, State and locallaws in perfornung its obligations under tlus Agreement. Choice of Law and Venue: This Agreement sha11 be interpreted according to the laws of the State of Washmgton. Any judicial action to resolve disputes ansmg out of this Agreement shall be brought in Kitsap County Superior Court. Attorneys' Fees: In the event of lrtigahon to enforce any of the terms or provisions herein, each party shall pay a11 its own costs and attorneys' fees Hold Harmless and Indemnification: Retauied Counsel shall be solely responsible for the acts and failures to act of its personnel, wluch anse m any way out of performance of this Agreement. Retauled Counsel agrees to defend, mdemnify, and hold harmless the Crty aad its officials and employees from and against all liabilrty, loss, damages, and expenses, includmg costs and attorneys' fees, resulting from actions, claims, and lawsuits arismg or alleged to have azisen, m whole or in part, out of or m consequence of the acts or failures to act of Retained Counsel, its employees, rts subcontractors, its agents, or rts assigns in the performance of ttus Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immumty under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's mdemrufication and hold har�iless of the City, mcludmg the duty to defend This provision sha11 be uiapplicable to the extent such action, claim, or lawsurt is Judicially found to anse solely from the acts or failures to act of the City. CITY OF BREMERTON By: Its: ] Date l� APPROVED AS TO FORM Ro er A Lubovich, Crty Atto RET D COUNSEL By' u L �ts _ �4�or ne�/ — Date• /-� � -� S 2 SUMMIT LAW GROUP -- LABOR/EMPLOYMENT ATTORNEYS 2013 Fee Schedule NAME PUBLIC RATE Peter Altman 210.00 Kristin D. An er 260.00 Denise L. Ashbau 235.00 Michael C. Bolasina 260.00 John H. Chun 265.00 Elizabeth R. Kennar 260.00 Otto G. Klein 295.00 Sofia D. Mabee 235.00 Shannon E. Philli s 260.00 Bruce L. Schroeder 295.00 Linda Swanson 115.00 Rodne B. Younker 290.00 Publ�c Rates