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3602
,=Vendor Name
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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
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Contract Number 3602 1-
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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
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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