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HomeMy WebLinkAbout3602 +--------------------------------------------------------------------------+ "Browse: Next Previous First Last Update Delete Restart X - Exit "Retrieve the Next record ~Found: 1 Record(s) MAINTAIN Contract Number Contract Transactions 3602 ,=Vendor Name '=Subj ect =+=Department +Status Code + + + FOSTER PEPPER & SHE FELMAN RETAINED COUNSEL-CHARLESTON ATTORNEY LGL BCH/HARBOR/CH2M HILL + + + + $100000.00 + 01/01/1995 + 12/31/1998 .1, 02/15/2005 ,I, Insurance Type Amount GL $1000000.00 AL $1000000.00 Amount Begin Date End Date Review Date -.- + + Insurance Total Insurance Review Date $2000000.00 =+= 04/01/1999 + Comments CHARLESTON BEACH/HARBOR INS/CH2M HILL LAWSUIT SETTLED VAULT 01/01/2005 =+= =+= +--------------------------------------------------------------------------+ +--------------------------------------------------------------------------+ =:Enter Search Criteria, Press Ese Key to Transmit + "Press Del Key to Terminate Delete Mode 1- CHANGE Contract Transactions 1- Contract Number 3602 1- + FOSTER PEPPER & SHE FELMAN RETAINED COUNSEL-CHARLESTON BCH/HARBOR/CH2M HILL ATTORNEY LGL "Vendor Name "Subj ect , 'Department ',Status Code Insurance Type Amount GL $1000000.00 AL $1000000.00 Amount Begin Date End Date Review Date $100000.00 01/01/1995 12/31/1998 02/01/2005 .. Insurance Total Insurance Review Date $2000000.00 04/01/1999 Comments CHARLESTON BEACH/HARBOR INS/CH2M HILL LAWSUIT SETTLED VAULT 01/01/2005 T 1- T 1- +--------------------------------------------------------------------------+ PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Extension This agreement is by and between the City of Bremerton (hereinafter "City") and Foster Pepper & Shefelman (hereinafter "Retained Counsel"); and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WITNESSETH: WHEREAS, the parties entered into a one year professional services agreement for legal services to be provided to the City by Retained Counsel on January 6, 1997; and WHEREAS, the parties wish to extend the agreement for one (1) year; NOW THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: 1. Section 2. Term, is amended to read: The term of this agreement is January 1, 1998 to December 31, 1998. 2. Section 3.A. Compensation is amended to provide that fees billed in excess of the Five Hundred Fifty Thousand Dollars ($550,000.00) amount provided in the 1997-1998 contract shall not exceed an additional Six Hundred Thousand Dollars ($600,000.00) during this term of the parties' agreement. All other terms and amount exceeded conditions of the parties January 6, 1997 Professional Services Agreement shall ramain in full force and effect unless inconsistent with this agreement. CITY OF BREMERTON Date LYNN S. HORTON, Mayor APP~RO,V~ AS TO F~LM: GL~lq[N-~ I~LAN~A, Interim City Attorney F°s737P73 Date l~. STEI~HEN DLIULlC6 ~.~FOR FILING: r,&.,_ c KATHLF~N M~CLUSKEY, CITY CLERK PROFESSIONAL SERVICES EXTENSION FP&S.EXT - DISK 1 - 2/13D8 PROFESSIONAL SERVICES AGREEHENT Retained Couneel THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and Foster, Pepper & Shefelman, Attorneys at Law, (hereinafter referred to as "Retained Counsel"). WI TNES SETH: 1. SCOPE: The Retained Counsel agrees to furnish professional services in connection with the following cases: A. Charleston Beach Association, et al. v. City of Bremerton, et al., Kitsap County Superior Court Cause No. 94 2 02586 6; B. The City of Bremerton v. Harbor Insurance Company, et al., Kitsap County Superior Court Cause No. 94 2 02161 5; C. The City of Bremerton v. CH2M Hill Northwest, Inc., et al., Kitsap County Superior Court Cause No. 94 2 02364 2; D. American Economy Insurance Company v. Agri-Tech, Inc., et al., Circuit Court for the State of Oregon, Benton County Superior Court Cause no. 96-1007; and E. City of Bremerton v. Reliance Insurance Company, United States District Court Cause No. C96-5651-RJB. Z. TEI~M~ Contract shall commence on the date fully executed and will terminate December 31, 1997. Ail prior contracts shall terminate upon the commencement of this agreement. 3. COMPENSATION: The City Attorney and Retained Counsel agree that compensation for services rendered under this Agreement shall be set at a rate of One Hundred Seventy-five Dollars ($175.00) per hour or a lesser amount for work assigned to associates or employees of Retained Counsel. Ail fees under this agreement shall not exceed the amounts listed below, excluding costs and expenses, and including any sums paid prior to the commencement date of this agreement: Charleston Beach Association, et al. v. city of Bremerton, et al., Kitsap County Superior Court Cause No. 94 2 02586 6; The City of Bremerton v. CH2M Hill Northwest, Inc., et al., Kitsap County Superior Court Cause No. 94 2 02364 2; The City of PROFESSIONAL SERVICES AGREEMENT FOSTER.PSA - Disk 1 - 12/3/96 Bremerton v. Harbor Insurance Company, et al., Kitsap County Superior Court Cause No. 94 2 02161 5; and American Economy Insurance Company v. Agri- Tach, Inc., et al., Circuit Court for the State of Oregon, Benton County Superior Court Cause no. 96- 1007 - Fees not to exceed Five Hundred Fifty Thousand Dollars ($$$0,000.00); and B. City of Bremerton v. Reliance Insurance Company, United States District Court Cause No. C96-5651-RJB - Fass not to exoeed Twenty Thousand Dollars ($20,000.00). Case status shall be reviewed and compensation limits amended if needed prior to January 1, 1998. Retained Counsel shall submit to the City Attorney's Office a monthly statement describing the services rendered with time expended for each activity as authorized under this Agreement. The City upon receipt of the statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF Pi%RTIES: The parties understand and agree that Retained Counsel is a professional law firm skilled in matters pertaining to litigation and will perform independent functions and responsibilities in the area of its particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the city. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Retained Counsel shall work under the direction of the City Attorney. Retained Counsel will consult with the City Attorney on discovery and trial approaches, and apprise the City Attorney of significant developments and forward copies of important pleadings and correspondence. 5. INDUSTRIAL INS~I~%NCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. PROFESSIONAL SERVICES AGREEMENT FOSTER.PSA - Disk 1 - 12/3/96 2 Retained Counsel agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 7. G~NERAL CONDITIONS: a. Assignability - Retained Counsel shall not assign any interest in this Agreement, without the prior written consent of the City thereto; provided, however, that claims for payment under this Agreement may be assigned. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City of Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk Foster, Pepper & Shefelman City of Bremerton Attorneys at Law 239 Fourth Street 1111 Third Avenue, Suite 3400 Bremerton, WA. 98337 Seattle, WA. 98101 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Retained Counsel agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. PROFESSIONAL SERVICES AGREEMENT FOSTER.PSA - Disk 1 - 12/3/96 3 g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. 8. 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 employment actions based on a bona fide occupational qualification. 9. TIRMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Retained Counsel is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. BY: ~\~o\_~,I\~ \¢~'1 CITY OF BR,EM~RTON Date: LYNN HORTON, Mayor ~ TO FORM: IAN~. SIEVERS, City Attorney KATHL~EN L. McCLUSk~Y, CITY CLERK SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - 4 FOSTER2.AMD - Disk 13 - 9/25/96 4 AME~ D PROFESSIONAL SERVICES AL ,EMENT THIS A~ENDMENT amends that Professional Services Agreement between the CITY OF BREMERTON and FOSTER, PEPPER & SHEFELMAN, Attorneys at Law, signed December 23 and 29, 1994, respectively. W I TN E S SETH: That in consideration of the mutual covenants set forth herein, the parties hereto agree as follows: 1. Paragraph 2 of the Professional Services Agreement is amended to read as follows: 2. TERM: Contract shall commence on January 1, 1995 and will terminate. December 31, 1996. 2. Paragraph 3 of the Professional Services Agreement is amended to read as follows: 3. COMPENSATION: The City Attorney and Retained Counsel agree that compensation for services rendered under this Agreement shall be set at a rate of One Hundred Seventy-five Dollars ($175.00) per hour or a lesser amount for work assigned to associates or employees of Retained Counsel. All fees under this agreement shall not exceed the amounts listed below, excluding costs and expenses, and including any sums paid prior to the commencement date of this agreement: A. Charleston Beach Association, et al. v. City of Bremerton, et al., Kitsap County Superior Court Cause No. 94 2 02586 6 - Fees not to exceed Ninety Thousand Dollars ($90,000.00); B. The City of Bremerton v. Harbor Insurance Company, et al., Kitsap County Superior Court Cause No. 94 2 02161 5 - Fees not to exceed One Hundred Ten Thousand Dollars ($110,000.00); and C. The City of Bremerton v. CH2M Hill Northwest, Inc., et al., Kitsap County Superior Court Cause No. 94 2 02364 2 - Fees not to exceed Ninety Thousand Dollars ($90,000.00). Case status shall be reviewed and compensation limits amended if needed prior to January 1, 1997. Retained Counsel shall submit to the City Attorney's Office a monthly statement describing the services rendered with time expended for each activity as authorized under this Agreement. The City upon receipt of the statement, shall promptly process said claim for payment. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOST~.AMD-Di~I3-1~25/95 3. The rema~ .ng terms 0f the Profession. Services Agreement not inconsistent with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year indicated. FOSTER, PEPPER & SHEFELMAN Date: //.//~/~C BY: L~NN HORTON, Mayor IAN R. ~EVERS, City Attorney AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOSTER.AMI) - Disk 13 - 10125/95 PROFESSIONAL SERVICES AGREEMENT Retained Counsel THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and Foster, Pepper & Shefelman, Attorneys at Law, (hereinafter referred to as "Retained Counsel"). WI TNES SETH: 1. SCOPE: The Retained Counsel agrees to furnish professional services in connection with the following cases: A. Charleston Beach Association, et al. v. City of Bremerton, et al., Kitsap County Superior Court Cause No. 94 2 02586 6; B. The City of Bremerton v. Harbor Insurance Company, et al., Kitsap County Superior Court Cause No. 94 2 02161 5; and C. The City of Bremerton v. CH2M Hill Northwest, Inc., et al., Kitsap County Superior Court Cause No. 94 2 02364 2. 2. TERM: Contract shall commence on January 1, 1995 and will terminate December 31, 1995. 3. COMPENSATION: The City Attorney and Retained Counsel agree that compensation for services rendered under this Agreement shall be set at a rate of One Hundred Seventy-five Dollars ($175.00) per hour or a lesser amount for work assigned to associates or employees of Retained Counsel. Ail fees under this agreement shall not exceed the amounts listed below, excluding costs and expenses, and including any sums paid prior to the commencement date of this agreement: A. Charleston Beach Association, et al. v. City of Bremerton, et al., Kitsap County Superior Court Cause No. 94 2 02586 6 - Fees not to exoeed Twenty Thousand Dollars ($20,000.00); B. The City of Bremerton v. Harbor Insurance Company, et al.,, Kitsap County Superior Court Cause No. 94 2 02161 5 - Fees not to exoeed Sixty Thousand Dollars ($60,000.00); and PROFESSIONAL SERVICES AGREEMENT ~osT~t.psa - Disk ll - 12/12/94 C. The City of Bremerton v. CH2M Hill Northwest, Inc., et al., Kitsap County Superior Court Cause No. 94 2 02364 2 - Fees not to exceed Twenty Thousand Dollars ($20,000.00). Case status shall be reviewed and compensation limits amended if needed prior to January 1, 1996. Retained Counsel shall submit to the City Attorney's office a monthly statement describing the services rendered with time expended for each activity as authorized under this Agreement. The City upon receipt of the statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES= The parties understand and agree that Retained Counsel is a professional law firm skilled in matters pertaining to litigation and will perform independent functions and responsibilities in the area of its particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the city. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Retained Counsel shall work under the direction of the City Attorney. Retained Counsel will consult with the City Attorney on discovery and trial approaches, and apprise the City Attorney of significant developments and forward copies of important pleadings and correspondence. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. INEUI~%NCE AND HOLD HARMLESS= Prior to and during the performance of the work covered by this Agreement, Retained Counsel shall provide the Risk Manager for the city of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, PROFESSIONAL SERVICES AGREEMENT ~O~T~I.I~ - ~sk 11 - 1~1~ 2 sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. ?. GEN~ CONDITIONS: a. Assignability - Retained Counsel shall not assign any interest in this Agreement, without the prior written consent of the City thereto; provided, however, that claims for payment under thie Agreement may be assigned. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City of Retained Counsel or by Retained Counsel to the city shall be in writing and delivered to the following parties at the following addresses: City of Bremerton Foster, Pepper & Shefelman 239 Fourth Street Attorneys at Law Bremerton, WA. 98337 1111 Third Avenue, Suite 3400 Seattle, WA. 98101 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Retained Counsel agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. PROFESSZOI~L SERVICES AGREEMENT FOS1~ii.i)SA.Di~11.12/1Z/W, 3 S. 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 employment actions based on a bona fide occupational qualification. 9. TERMIN~TION~ This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Retained Counsel is advising the city as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. FOSTER, PEPPER & SHEFELMAN Date:~ BY:~ BY: Date: ~k!~.%\~, CITY OF BREMERTON L~N HORTON, Mayor AP~ED AS~ F~ORM: IAN R. SIEVERS, city Attorney PROFESSIONAL SERVICE8 AGREEMENT F~.~ - Did 11 - 12/12/94 4