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
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