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HomeMy WebLinkAbout5459Contract Number: 5459 Vendor: KENNETH W. BAGWELL INC PS Subject: PSA - Kitsap Regional Coordinating Council Department: Legal File Class: LEG 12-1 Begin Date: 3/13/2015 End Date: Review Date: Vault Date: Comments: PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Law Office of Kenneth W. Bagwell Inc. P.S. ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professiona] services: I. II. III. IV. V. VI Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to the Kitsap Regional Coordinating Council. 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. Compensation: The City shall pay Retained Counsel hourly rates for services as follows: $225.00 per hour for Kenneth W. Bagwell and $80.00 per hour for Paralegals. Out of pocket expenses will be reimbursed in accordance with Retained Counsel's standard billing practices. Insurance: 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 Agreemcnt. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. Termination: The Parties agrec 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 Retaincd Counsel. Retained Counsel reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. � General Conditions: A. Reports and lnformation: 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 Agreeinent constitutes the entire agreement between the Parties, and the Parties acknowledgc 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: Greg Wheeler City Council President City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 RETAINED COUNSEL: Law Office of Kenneth W. Bagwell Inc. P.S. Kenneth W. Bagwell 9057 Washington Avenue NW Suite 203 Silverdale, WA 98383 F. G. H. I. 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: Retained Counsel shall comply with all applicable Federal, State and local laws in 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 judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap 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. OF BREMERTON By: G Wheeler Its: C ty ouncil President Date: 0 3 �� 2. � Z� I j /� By: Ken eth W. Bagwell Its: �w-S . Date: ? • �3 • /S 2