HomeMy WebLinkAbout6042 AGENDA BILL
CITY OF BREMERTON 51
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Professional Services Agreement with the COUNCIL MEETING Date: November 20, 2019
Law Offices of Bagwell & Harvey PLLC Department: City Attorney
Presenter: Roger A. Lubovich
Phone: (360)473-2345
SUMMARY: In order to meet the current workload, the City Attorney desires to extend the legal
services of Bagwell & Harvey PLLC through a contract for general municipal representation. The
proposed agreement extends services provided under the current agreement with Bagwell & Harvey
PLLC. Due to the funding limitations of the current agreement, the City desires to enter into the
proposed agreement.
ATTACHMENTS: Proposed Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): Funds are currently budgeted for 2019 and will be
budgeted in the 2020 budget for the City Attorney's Office to fulfill the terms of the contract.
STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation ID N/A
COUNCIL MEETING ACTION: M Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement between the City of Bremerton and the Law
Offices of Bagwell & Harvey PLLC; and authorize the City Attorney to finalize and execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: IA Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Law Offices of Bagwell & Harvey PLLC ("Retained
Counsel"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in
matters related to municipal government services and transactional work as directed by the
City Attorney.
II. 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.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Retained Counsel an hourly rate for services as follows: $110.00 per hour
for Amanda Harvey and $225.00 per hour for Kenneth W. Bagwell for all legal services
provided. 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. City shall provide the use of City facilities
and personnel for administrative support for City related representation to assist the City
Attorney's office during the transition of staff ("Initial Term"). Upon conclusion of the
Initial Term, as determined by the City Attorney, Amanda Harvey's hourly rate may be
adjusted accordingly.
IV. Insurance and Hold Harmless: 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 Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written
notice of any cancellation or change of coverage of the policy.
Retained Counsel shall be solely responsible for the acts and failures to act of its personnel,
which arise in any way out of performance of this Agreement. Retained Counsel agrees to
defend, indemnify, and hold harmless the City and its officials and employees from and
against all liability, loss, damages, and expenses, including costs and attorneys' fees,
resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or
in part, out of or in consequence of the acts or failures to act of Retained Counsel, its
employees, its subcontractors, its agents, or its assigns in the performance of this
Agreement. The City and Retained Counsel have specifically negotiated Retained
Counsel's waiver of its immunity under Title 51 RCW,which is hereby waived for purposes
of Retained Counsel's indemnification and hold harmless of the City, including the duty to
defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is
judicially found to arise solely from the acts or failures to act of the City.
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V. Termination: The Parties agree that this Agreement will continue in full force and effect
until terminated. Either party may terminate this Agreement at any time, with or without
cause upon 30 days written notice to the other party.
VI. General Conditions:
A. Reports and Information: When requested by the City Attorney or a Bremerton
Assistant Attorney, 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 - Prior Agreements Replaced: This Agreement constitutes
the entire agreement between the Parties. The Parties acknowledge that this
Agreement replaces all prior agreements and 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: RETAINED COUNSEL:
Roger A. Lubovich, City Attorney Amanda Harvey
City of Bremerton Bagwell & Harvey PLLC
345 Sixth Street, Suite 100 9057 Washington Ave NW
Bremerton, WA 98337 Silverdale, WA 98383-8341
F. 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.
G. Compliance with Laws: Retained Counsel shall comply with all applicable
Federal, State and local laws in performing its obligations under this Agreement.
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 arising out
of this Agreement shall be brought in Kitsap County Superior Court.
I. 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.
VII. Nondiscrimination: Retained Counsel shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status,
or disability, except for employment actions based on bona fide occupational qualification.
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CITY OF BREMERTON BAGWEL &HARVEY PLLC
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By: Roger A. Lubovich By: Amanda Harvey
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Its: City Attorney 6�
Date: keit/ z2r 2v/cf Date: 1 ) 2Z- — 1
RECEIVED FOR FILING:
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Angel.dil s over, City Clerk
R:\Legal\Legal\Contracts\LEGAL\2019 Amanda Harvey Agreement-Final.doc
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