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HomeMy WebLinkAbout4805 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4805 ElMS & FLYNN PS Retained Counsel - Workers Comp Muni Court LEG 12-1 03/26/2009 06/15/2010 Continues until terminated Review date for tracking only PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Eims & Flynn, P.S. ("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 workers compensation and other municipal government services 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: The City shall pay Retained Counsel hourly rates for services as follows: $ 190.00/hr. for attorneys and $95.001hr. for Paralegals. 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, b~ adjusted to reflect current market rates and conditions. IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City Attorney's Office 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 City Attorney with thirty (30) days' written notice of any cancellation or change of coverage of the policy. V. Termination: The Parties agree 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 Retained Counsel. Retained Counsel reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. 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: This Agreement constitutes the entire agreement between the Parties, and the Parties ack.'1owledge t..lJ.at 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 600 Bremerton, W A 98337 Eims & Flynn, P.S. 216 First Avenue South, Suite 310 Seattle, W A 98104 1 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. CITY OF BREMERTON <::/fZ 22~ ~r A. Lubo . Its: City A1:J:orne~ Date: '7/2.10 t-or APPROVED AS TO FORM: ~i:-~ EIMS & FLYNN ~~~.c~ By: Kathy Eims Its: PMSI'~ Date: 3/1 'Iottt / R:\Legal\Legal\Contracts\LEGAL\2009 Eims & Flynn Agreement.doc 2 "- yco Client#: 336893 EIMSGRAH ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)07/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services NW LL PHONE 206 441-6300 FAX 610-362-8530 (A/C,No,Ext): (A/c,No): 601 Union Street, Suite 1000 E-MAIL ADDRESS: Seattle,WA 98101 1 -1 9 I 1 INSURER A INSURER(S)AFFORDING COVERAGE NAIC# :Continental Casualty Company 20443 INSURED INSURER B: Eims Graham, PS INSURER C: 600 Stewart Street, Suite 1500 INSURER D: Seattle,WA 98101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(EaE�rrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATEP $ POLICY J CT LOC PRODUCTS-COMP/OP AGG $ _ OTHER: (� CO BI $ AUTOMOBILE LIABILITY R EC E I\IF -` tlEDtSINGLE LIMIT ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS J U L 1 9 t 01 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) UMBRELLA UAB OCCUR City of Bremerton Risk Management EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ - $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY I STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under _DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional 169862890 04/17/2019 04/17/2020 $3,000,000 Per Claim Liability $3,000,000 Per Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION _ Eims Graham, PS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 600 Stewart Street Suite 1500 ACCORDANCE WITH THE POLICY PROVISIONS. Seattle,WA 98101 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S26194485/M26194474 HMMJU