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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