The URL can be used to link to this page

Home My WebLink About4170 +--------------------------------------------------------------------------+ ==Browse: Next Previous First Last Update Delete Restart X - Exit + =~etrieve the Next record = =Found: 1 Record (s) MAINTAIN Contract Number Contract Transactions -.- =f =f =f =f 1= =f $15000.00 .l: 04/09/2001 .. 12/31/2003 =r= 02/15/2005 =f =f =f =f =f 1= $0.00 4170 ==Vendor Name ==Subject ==Department ==Status Code KOLER, JANE RYAN (WAS SHORT CRESSMAN & BURGESS) RETAINED COUNSEL - SESKO VS CITY OF BREMERTON ATTORNEY LGL 1= 1= 1= Insurance Type Amount Amount Begin Date End Date Review Date =f =1= Insurance Total Insurance Review Date Comments HOLD HARMLESS - SEE 5/16/01 AMENDMENT FOR VENDOR CHANGE -.- =f VAULT 01/01/2005 1= 1= 1= +--------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Record(s) MAINTAIN Contract Transactions + + Contract Number 4170 + + + +Vendor Name KOLER, JANE RYAN (WAS SHORT CRESSMAN & BURGESS) + +Subject RETAINED COUNSEL - SESKO VS CITY OF BREMERTON + +Department ATTORNEY + +Status Code LGL + + Amount $15000.00 + + Begin Date 04/09/2001 + + Insurance End Date 12/31/2002 + + Type Amount Review Date 02/15/2004 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comments HOLD F~ARMLESS - SEE 5/16/01 ~_MENDMENT FOR VENDOR CH2~NGE + + VAULT 01/01/2004 + + + AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Koler This amendment is by and between the City of Bremerton (hereinafter "City") and Jane Ryan Koler, (hereinafter "Retained Counsel"), referred to collectively as the "Parties," enter into the following amendment for professional services: WlTNESSETH: WHEREAS, the parties entered into a professional services agreement for legal services to be provided to the City by Jane Ryan Koler of Short Cressman & Burgress on April 9, 2001; and WHEREAS, the purpose of this amendment is to reflect the change in law firms of Jane Ryan Koler from Short Cressman & Burgess to the Law Office of Jane Ryan Koler, PLLC. NOW THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Entire Contract: Replace all references to Short Cressman & Burgress with Law Office of Jane Ryan Koler, PLLC Section 1. Scope, is amended to add the following sentence: Retained Counsel will also represent, handle and/or assist the City of Bremerton in all matters between William and Natacha Sesko and the City of Bremerton. Section III. Compensation, Exhibit A, is replaced in its entirety to read: Hourly attorney rate for Jane Ryan Koler is One Hundred Ninety-five Dollars ($195) per hour. Section V(E). Notices, is amended to read: City of Bremerton Jane Ryan Koler Mayor Lynn Horton Law Office of Jane Ryan Koler PLLC 239 Fourth Street 620 Kirkland Way, Ste 200 Bremerton, WA 98337 PO Box 908 Kirkland, WA 98083-0908 All other terms and conditions of the parties April 9, 2001 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement // // // // JANERYANKOLER 5/7/01 - I Dated this ~ day of May, 2001 CITY OF BREMERTON LAW OFFICE OF JANE RYAN KOLER, PLLC J~AfNN S. HORTON, Mayor ~qE RYAN KOLER DAVID B. ST.PIERRE, Assistant City Attorney KATHLEEN McCLUSI~Y, City Clerk JANERYANKOLER - 5/7/01 - 2 PROFESSIONAL SERVICES AGREEMENT Short Cressman & Burgess PLLC The City of Bremerton ("City") and Jane Ryan Koler, Short Cressman & Burgess PLLC ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Retained Counsel will represent the City of Bremerton in William J. Sesko and Natacha Sesko vs. the CiW of Bremerton, Kitsap County Superior Court No. 96-2-01009-1. II. Term: This Agreement is effective upon execution of this agreement. IH. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Fii~een Thousand Dollars ($15,000). Retained Counsel's charges and bills shall conform to the fee schedule attached as Exhibit A and incorporated herein by reference. IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel that 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 fi.om 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, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. V. General Conditions: A. Reports and Information: When requested by the City, 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 and its Exhibit! constitutc:¥ 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 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. Bremerton/Short Cressman & Burgess PLLC Professional Services Agreement Page 1 of 2 E. Notices: Notices shall be in writing and delivered to the following addresses: City of Bremerton Jane Ryan Koler Mayor Lynn Horton Short Cressman & Burgess PLLC 239 Fourth Street 999 Third Ave., Suite 3000 Bremerton, WA 98337 Seattle, WA 98104 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 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: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VI. 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. SHORT CRESSMAN & BURGESS PLLC oler date CITY OF BREMERTON Ly~n°'S. Horton, Mayor date toform: DaTvid B. S~.'Pie~e ' Assistant City Attorney Received for Filing: Kathleen McCluskey, Cit)bClerk Bremerton/Short Cressman & Burgess PLLC Professional Services Agreement Page 2 of 2 EXHIBIT A Fee Schedule Primary Attorney: Jane Kaler ~ $205 par hour Associates: Maureen Mitchell ~ $135 per hour Robin McPherson ~ $135 per hour Bremer~on/Short Cressman & Burgess PLLC Professional Services Agreement Exhibit A PROFESSIONAL SERVICES APPROVAL Originator: David St. Pierre, Assistant City Attorney Department: Legal Date Approved: Total Costs: Not to exceed $15,000 Description: Professional Services Agreement with Jane Ryan Koler of Short Cressman & Burgess with regards to Sesko et ux v City of Bremerton Impact of Non-Approval: Would be required to be handled by the Assistant City Attorney *Approvals: ~3k~ ~ ~. ~D~'~artme~n{ Heart or ~ignee Mayor Fiscal & Bridget Operhtions / ~uncil~resi~ent -- *0 - $1,oo0 Department Head (or designee) only $1,000 - $10,000 Department Head, Mayor, Fiscal & Budget, Operations (Copy of form to Council President) $10,000 - $20,000 Department Head, Fiscal & Budget, Operations, Council President Attach Form to Requisition