HomeMy WebLinkAbout6166PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Law Offices of Foster Garvey ("Retained Counsel"), referred
to collectively as the "Parties," enter into the following Agreement for professional services:
I. 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 $595.00 per hour
for Lori A. Terry for legal services provided to the City relating to the Clear Water Act and
wastewater/stormwater discharge permit claims and potential lawsuit and $350.00 to
$450.00 per hour for other attorneys employed with Retained Counsel 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.
IV. Insurance and Hold Harmless: Retained Counsel shall provide Certificates of Insurance
to the City's Risk Manager verifying the following coverages 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, of lawsuit is
judicially found to arise solely from the acts or failures to act of the City.
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.
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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
City of Bremerton
345 Sixth Street, Suite 100
Bremerton, WA 98337
Lori A. Terry
Foster Garvey
1111 Third Avenue
Seattle WA 98101
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
By: Roger A. Lubovich By: Lori A. Te
Its: City Attorney
Date: (° /Z 2 (o z c, Date: 10/19/2020
RECEIVED FOR FILING:
Angela" oover, City Clerk
FOSTER GARVEY
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R\Legal\Legal\Contracts\LEGAL\2020 Foster Garvey Agreement.docx
ALAS
Attorneys
LiabiLity
Assurance
Society
December 27,2019
Foster Garvey P.C.
1111 Third Avenue
Suite 3000
Seattle,WA 98 101-3299
To Whom It May Concern:
CONFIRMATION OF INSURANCE
We hereby confirm that Foster Garvey P.C.has Professional Liability
Coverage under Policy ALA#1209 with an annual limit of $50,000,000 per claim
and $100,000,000 in the aggregate with the right,under stated conditions,to
purchase extended reporting rights upon termination of such Policy by ALAS.
The self-insured retention under such Policy is $500,000 each claim up to
an aggregate of $1,000,000 and $100,000 each claim thereafter.
The Policy effective date is from January 1,2020 to January 1,2021.
Such Policy is subject to the terms,conditions,limitations and exclusions
stated therein.
ATTORNEYS’LIABILITY ASSURANCE SOCIETY LTD.,
A RISK RETENTION GROUP
By:________________________Date:_____________
Nanc J.I\%ontroy
Vice President —Director of Underwriting
311 S.Wacker Drive,Suite 5700
chicago,IL 60606-6629
te~312.697.6900
~ax 312.697.6901