HomeMy WebLinkAbout5268Contract Number• 5268
Vendor SANCHEZ, MITCHELL & EASTMAN, PSC
Sub�ect: PSA - Legal Services
Department. Mayor
File Class: LEG 12-1
Begin Date 6/24/2013
End Date
Review Date
Vault Date:
Comments •
PROFESSIONAL SERVICES AGREEMENT
The CITY OF BREMERTON ("City") and SANCHEZ, MITCHELL & EASTMAN, PSC
("Retained Counsel"), referred to collectively as the "Parties," enter into the followmg
Agreement for professional services:
I. Scope: Retained Counsel vv�ll represent the City of Bremerton on an as needed bas�s in
matters related to municipal govemment services as directed by the C�ty
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: The City shall pay Retained Counsel hourly rates for services as
follows• $275.00/hr. for Partners, $200 00/hr. for Associates, and $125.00/hr for
Pazalegals. Out of pocket expenses will be reimbursed in accordance with Retamed
Counsel's standazd billmg practices The Parties agree that the hourly rates for services
stated herein may, from time to time, and upon approval by the C�ty, he ad�usted to
reflect current mazket rates and condrtions
IV. Insurance: Retained Counsel shall provide Cerhficates of Insurance to the City's R�sk
Manager venfying the follov�nng 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 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' wr�tten
notice of any cancetlation 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 nght to
withdraw from representing the City if fees aze not timely paid, or for any other
appropriate cause.
VI. General Conditions:
A. Reports and Information: When requested by the City, Retained Counsel shall
fumish periodic reports and documents on matters covered by this Agreement
The reports and documents shall be furnished m the time and form requested
B. Entire Agreement: This Agreement constrtutes the entire agreement between the
Parties, and the Parties acknawledge that there are no other agreements, wntten or
oral, that have not been set forth in the text of this Agreement
C. SeverabilHty: Should any part of this Agreement be found void, the balance of
the Agreement shall remain m 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
Patty Lent, Mayor
Crty of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337
F.
G.
H.
I.
RETAINED COUNSEL
John F Mrtchell
Sanchez, Mrtchell & Eastman, PSC
4110 Kitsap Way, STE 200
Bremerton, WA 98312
Waiver: Failure to enforce any provision of this Agreement shall not be deemed
a waiver of that provision Waiver of any right or power arismg out of this
Agreement shall not be deemed a waiver of any other nght or power
Compliance with Laws: Retained Counsel shall comply with all applicable
Federal, State and local laws in performing rts obligations under this Agreement
Choice of Law and Venue: This Agreement shall be mterpreted accordmg to the
laws of the State of Washington Any �udicial action to resolve disputes arismg
out of this Agreement shall be brought m Kitsap County Superior Court
Attorneys' Fees: In the event of lrtigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attorneys' fees
CITY OF BREMERTON
SANCHEZ, MITCHELL & EASTMAN,
PSC
� L' �
By Patty nt By John F Mitchell
Its Ma Its Managing Partner
Date �6 —�}"� 1.� Date
R \Legal\Legal\Contracts\LEGAL�L.egal Serv�ces Agreement-Form doc
2
CITY:
pariy I.ent, Mayor
City of Bremerton
345 Sixth Str�et, Suite 600
Bremerton, WA 98337
F.
G.
H.
L
RETAINED COUNSEL:
John F. Mitchell
Sanchez, Mitchell �t F.astman, PSC
4110 Kitsap WaY, STE 200
gremerton, Vi/A 98312
Waiver. Failure to enforce anY Provision of this Agreemeirt shall not be deemed
a waiver of that provision. Waiver of any right or power ansing oirt of this
Agc+eement shall not be deemed a waiver of any other right or power.
Compliance witL Laws: Retained Counsel shall comply with all applicable
Federal, Sffite and local laws in performing its obligations under this Agreement
Chofce of Law an� Venue: This Agreement shall be intecpreted acc�rding ��e
laws of the State of Washington. Any judicial action to resolve disputes arising
out of this A�eement shall be brought in Kitsap CountY Superior Court.
Attoroeys' Fees: In the event of litigation to enforce any of the ternis oi
provisions herein, each party shall pay all its owa costs aad attorneys' fees.
CTTY OF BREMERTON
-� ✓ �
By: Patty ent
i�: rr� 06 _�_ /3
Date:
MITC dt EASTMAN,
PS
y: John F. Mitc ll
Its: Managin8 Parmer
Dare: l�'Z5�/3
R u,�gal�lContractsU.,EGALV,egai Services Agroement Foim.doc