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HomeMy WebLinkAbout5501 e ea le -.._` -- CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNITY Risk Management Tel(360) 473-5302 Fax(360) 473-5161 345 6th Street, Suite 100 Bremerton, WA 98337-1873 August 27, 2024 Eims, Tedrow& Ladenburg, PC Attn: Kathryn I. Eims 600 Stewart St, Ste. 1500 Seattle, WA 98101 RE: Notice of Termination Dear Kathryn I. Eims: The City of Bremerton and Eims Graham, P.S, entered into an agreement for professional services on June 25, 2015. The agreement was amended November 7, 2019, reflecting the new firm name of Eims, Tedrow & Ladenburg, PC. Please consider this letter notice of termination per Section V of the agreement. Sincerely, Melisa Vaal Folmer Risk Management Specialist Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5501 EIMS GRAHAM, PS PSA - Retain Council Legal GS50-01-11 Rev. 3 General 6/25/2015 6/1/2018 Comments : PROFESSIONAL SERV[CES AGREEMENT The City of Bremerton ("City") and Eims Graham, P.S. ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. II. III. I V. V. VI Scope: Retained Counsel will represent t11e 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. Term: This Agreement commences upon e�ecution 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: $220.00/hr. for partner and senior associate attorneys; $205.00/hr for associate attorneys and $95.00/hr. for paralegals. Out of pocket eYpenses 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 Insurance to the City Attorney's Office verifying t��e following coverage: a prafessional liability policy ("E�iO") 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 fiill 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. 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. General Conditions: A. lteports and [nformation: 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 forni requested. B. Entirc Agrecment: 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 te�t of this Agreement. � C. SQ�era�►�lity Sl�ould an_y part of this A�reement be found void, the balance.of the Agreement shall remain in full force and effect. D. Moditication: 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: Rogcr A. Lubovich, City Attorney City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 RETAINED COUNSEL: Eims Graham, P.S. 600 Stcwart Street, Suite 1500 Seattle, WA 98101 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. CITY OF BREMERTON By: Roger A. Lubovic Its: City Attorney Date: � -�5— l� APPROVED AS TO FORM: � Roger A. Lubovich ' R:\Legal\Legal\Contracts\RISK\201 � Eims Graham PSA.docx EI G AM By: Michael P. Graham Its: Vice President � Date: �' ��' 1 S 2 Client#: 336893 EIMSGRAH IN l ACORDTM CERTIFICATE OF LIABILITY INSURANCE /20D TE;M 5Y) 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(les)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 ' Kibble&Prentice, a USI Co LL NAME: 206 441-6300 F ix (acPHONE (A/c ,No,Ext): ,No): 610-362-8530 601 Union Street, Suite 1000 E-MAIL ADDRESS: Seattle,WA 98101 PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSUREDINSURER A:Continental Casualty Company 20443 Eims Graham, PS INSURER B: 600 Stewart Street, Suite 1500 Seattle,WA 98101 EEEEE- INSURERF: • � 1/ COVERAGES CERTIFICATE NUMBER: REVISION UMBEI 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. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR W /Y VD POLICY NUMBER 5MM/DDYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY JECT PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO RECEIVE (('� SJ BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS HIRED AUTOS JUL() 8 20/� PROPERTY DAMAGE I (Per accident) $ NON-OWNED AUTOS _$ City of Bremerton $ UMBRELLA LIAB OCCUR Risk Management! EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEn E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I I 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 04/17/2015 04/17/2016 $2,000,000 Per Claim Liability $2,000,000 Per Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,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 ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S15756313/M15756297 HMMJU Isco ! Client#: 336893 EIMSGRAH ACORD DATE(MM/DDIYYYY)CERTIFICATE OF LIABILITY INSURANCE 7/22/2019 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).AT&, o. PRODUCER CONTACT NAME:NAME: USI Insurance Services NW LL �VED PHONE 206 441-6300 FAX 610-362-8530 (A/C,No,Ext): (A/C,No): 601 Union Street,Suite 1000 /•'.�( 2 r/ ADDRESS: Seattle,WA 98101 0�/Q INSURER(S)AFFORDING COVERAGE NAIC# C'/•hY Of6/•em INSURER A:Continental Casualty Company 20443 INSURED Eims Graham, PS /gkMa4a9er� e�l INSURER B: V ,�}- • 600 Stewart Street, Suite 1500 INSURER C: C I `� INSURER D: 'NAV V F Seattle,WA 98101 — A` 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. LTR TYPE OF INSURANCE NW SR VD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYI� LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE, Q $ CLAIMS-MADE L OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) J ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA UAB OCCUR EACH OCCURRENCE _$ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE FR ANY PROPRIETOR/PARTNERJEXECUTIVE 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 Clait Liability $3,000,000 Per Agg DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES(ACORD 1(H,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street, Suite 100 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 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 #S26201436/M26194474 HMMJU AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND EIMS GRAHAM, P.S. THIS AMENDMENT No. 1 to Professional Services Agreement is entered into between the City of Bremerton ("City") and Eims Graham, P.S. ("Retained Counsel"), referred to collectively as the"Parties,"for professional services. WHEREAS, the current Professional Services Agreement was entered into between the Parties on June 25, 2015 ("Agreement"); and WHEREAS, the Eims Graham, P.S. has changed their firm's name to Eims, Tedrow & Ladenburg, PC effective November 5,2019; and WHEREAS,the City has changed its mailing address. NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the Parties do hereby agree to amend the Agreement as follows: 1. Eims Graham, P.S. is replaced with Eims, Tedrow & Ladenburg, PC as Retained Counsel. 2. Under Section VI. General Conditions, Section E shall be deleted and replaced with the below: E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: RETAINED COUNSEL: City of Bremerton Eims,Tedrow& Ladenburg, PC Attn: Roger Lubovich, City Attorney Attn: Kathryn I. Eims 345 6th Street, Suite 100 600 Stewart Street, Suite 1500 Bremerton, WA 98337 Seattle, WA 98101 3. All other terms of the Agreement as amended shall remain in full force and effect. IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year written below. [SIGNATURES ON NEXT PAGE] Page 1 EIMS, TEDROW& LADENBURG,PC CITY OF BREMERTON "}- z111111111.1 KATHRYN I. EIMS ROG R A. LUBOVICH City Attorney DATE: ///G /7 DATE: t-/d 7 /zO/ 9 TTEST: , tet ANGELA HOOVER, City Clerk R:1Legal\Legal\Contracts\RISK\Eims Graham\Eims Graham Amendment.doc • } Page 2