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5483
TEMPLETON HORTON WEIBEL PLLC
PSA - Litigation Services
Legal
LEG 12-1
5/26/2015
1/1/2018
Comments :
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Professional Services Study Session Date: May 13, 2015
Agreement with Templeton Horton Weibel COUNCIL MEETING Date: May 20, 2015
PLLC for Litigation Services Department: City Attorney's Office
Presenter: Roger Lubovich
Phone: (360) 473-2335
SUMMARY: Professional Services Agreement retaining Mr. David Horton through Templeton Horton
Weibel PLLC for litigation services.
ATTACHMENTS: Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): Funds are currently budgeted for 2015 for the City
Attorney's Office to fulfill the terms of the contract.
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSIOfV ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move. to_approve the Frofessional Services Agreement between the City of Bremerton and
Templeton_Horton Weibel RLLC and authorize the City Attorney to finalize and execute the
Agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: [� Approve ❑ Deny ❑ Table ❑ Continue . ❑ No Action
Form Updated 01/07/15
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Templeton Horton Weibel PLLC ("Retained Counsel"),
referred to collectively as the "Parties," enter �nto the follow�ng Agreement for professional
services:
I.
II.
III.
1 V.
V.
Vl.
Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in
litigation matters and other legal issues as directed by the City Attorney.
Term: This Agreement commences upon execution by the Parties and shall continue in
full force and effcct until terminated pursuant to Section V of this Agreement.
Compensatiun: The City shall pay Retained Counsel $225.00 per hour for services as
described in Section 1 Out of pocket expenses will be reimbursed in accordance with
Retained Counsel's standard billing practices. The Parties agree that the hourly rates for
services stated herein may, from time to time, and upon approval by the City Attorney, be
adjusted to reflect current market rates and conditions.
Insurance: Retained Counsel shall provide Certificates of [nsurance to the City's Risk
Manager verifying the following coverage: a professional liability policy ("E&O")
providmg 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 rema�n �n full force and effect, and provide coverage for the full term of
this Agreement. Insurer shall prov�de the R�sk Manager with thirty (30) days' written
notice of any cancellation or change of coverage of the policy.
Termination: The Parties agree that this Agreement will continue in full force and effect
until terminated. Cither party may terminate this agreement at any time, with or without
cause, upon written notice to the other party as allowed by court rules
General Conditions:
A. Reports and information: 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 Agreement constitutes the entire agreement between the
Parties, and the Parties acknowledge 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 fiollowing addresses:
CITY:
Roger Lubovich
City Attorney
City of Bremerton
34� Sixth Street, Su�te 600
Bremerton, WA 98337
RETAINED COUNSEL�
David Horton
Templeton Horton Wc�bel PLLC
3212 NW Byron Street, Suite 104
Silverdale, WA 98383
F.
G.
Waiver: Failure to enforce any provision of this Agreement shall not be deemed
a wa�ver 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 w�th all applicable
Fcderal, Statc and local laws in performing its obligations undcr this Agreemcnt.
H. 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 arismg
out of this Agreement shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees: In the event of l�tigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attorneys' fces.
CI ERTO
By: Roger Lubovic
Its: C�ty Attor ey
Date: �
TEMPLETON HORTON W IBEL PLLC
By: Dav�d Horton
Its: Y� K.�,/�
Date: Z�i /
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