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HomeMy WebLinkAbout4209 +--------------------------------------------------------------------------+ .,Browse: Next Previous First Last Update Delete Restart X - Exit ',.Retrieve the Next record ..Found: 1 Record (s) MAINTAIN Contract Transactions of Contract Number 4209 of =l=Vendor Name ='-=Subject . 'Department ...Status Code =1= =1= =1= =1= =1= MCGAVICK GRAVES - LOREN COMBS LEGAL SERVICES - MISCELLANEOUS CASES (SEE FILE) ATTORNEY LGL =1= ,1. Insurance Type Amount E&O $7500000.00 GL $7000000.00 Amount Begin Date End Date Review Date $50000.00 -. 08/29/2001 -. 12/31/2002 of 02/15/2005 .,. =1= =1= =1= =F Insurance Total $14500000.00 Insurance Review Date 05/01/2006 =1= =1= =1= I =1= +--------------------------------------------------------------------------+ Comments VAULT 01/01/2005 +~-------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Recordls) MAINTAIN Contract Transactions + + Contract Number 4209 + + +Vendor Name +Subject +Department +Status Code MCGAVICK GRAVES - LOREN COMBS LEGAL SERVICES - MISCELLANEOUS CASES (SEE FILE) ATTORNEY LGL + + + + + + + + + + + + + + + + + + Insurance Type Amount E&O $7500000.00 GL $7000000.00 $50000.00 + 08/29/2001 + 12/31/2002 + 02/15/2005 + + + + Insurance Total $14500000.00 + Insurance Review Date 05/01/2003 + Amount Begin Date End Date Review Date Comments VAULT 01/01/2005 + + + + +--------------------------------------------------------------------------+ PROFESSIONAL SERVICES AGREEMENT McGavick Graves Legal Services The City of Bremerton ("City") and McGavick Graves, ("Contractor"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Contractor will represent the City of Bremerton on legal issues and cases as assigned by the Mayor and Council. A Letter of Engagement signed by the City and Contractor that establishes the scope of services and cost will accompany each assignment. II. Term: This Agreement commences on October 1, 2001 and terminates on December 3 l, 2002. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor a rate not to exceed Two Hundred and No/100 Dollars ($200.00) per hour for litigator, partners, associates or counsels to the firm, Office and paralegal services will he billed at their actual hourly rate. Total compensation is capped at Fifty Thousand Dollars ($50,000.00). IV. Relationship of Parties: Contractor possesses legal and litigation skills and can perform independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquem amount, plus any addkional charges arising fi.om the delinquency, fi.om any payments due Contractor. V. Insurance and Hold Harmless: Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") prodding coverage of Two Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreemem. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of either policy. PSA - McGavick Grave~ Page I of 3 Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor 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 fi.om 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 Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless oftbe 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 fi'om the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor 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. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitute 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. Severabilitv: Should any 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 instmn~nt signed by both parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Contractor City of Bremerton McGavick Graves 239 Fourth Street 1102 Broadway, Suite 500 Bremerton, WA 98337 Tacoma, WA 98401-1317 F. Waiver: Failure to enforce any provision of this Agreement shah 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: Contractor shall comply with ah applicable Federal, State, and local laws in performing its obligations under this Agreement. PSA - McGavick Graves Page 2 of 3 H. Choice of Law and Venue: This Agreemem shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreemem 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. VII. Nondiscrimination: Contractor 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. VIII. Termination: This Agreement may be terminated, at will, by the CiD' upon thirty (30) days' notice to the Comractor. The City may immediately terminate this Agreement for cause if the Contractor substantially fails to perform and does not commence correction of the failure of performance within five (5) days of the City sending notice to the Contractor. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format. Departmental Approval: o. KATI~LEEN L. Administrative Services Director // Approved as to form: Contract Attorney RECEIV£D FOR FILING: KATHLEI~N L. McCLUSKEY, City Cl~'k PSA - McGavick Gravcz Page 3 of 3 M 1102 Broadway, Suite 500 Robert L. Beale Gregory A. Jacoby C A V I C K x.J P.O. Box 1317 Grego. H. Pratt Gregory F. Amann G R A V E S Tacoma, Washington 98401-1317 Henry Haas Joseph P. Zehnder K. Michael Jennings Dave J. Lux~nb~rg A T 1 0 R N E Y $ A T 1 A W Telephone (253) 627-1181 Roy F. Kussmann Angela L. Olsen Fax (253) 627-2247 Edward R. Lindstrom Gregory R. Fox A Professional Services Corporation Barbara Jo Sylvester Peter J. Allen Malcolm C. Lindquist www. mcgavickgraves.com Dennis P. Greenlee, Jr. Of Counsel L Paul Alvestad Ray Graves Lorell D. Combs Loren D. Combs Lawrence B. McNerthney Idc@mcgavick.com James W. Feltus William P. Bergsten Leo A. McGavick (1904-1994) December 7, 2001 Kathleen McCluskey Administrative Services Director City of Bremerton 239 - 4th Street Bremerton, WA 98337 RE: Letters of Engagement Our File No.: 22497 Dear Kathy: Thank you for speaking with me this morning about letters of engagement. There are letters of engagement on Burlington and Tincher. I have enclosed herewith letters of engagement on Amacher, Bogen, CSO/Treatment Plant NPDES, and Kucera. Based on our discussion and so that I do not, inadvertently, miss the boat, I have also included a letter of engagement regarding the legal documents associated with the Convention Center, should the project proceed to that level. In the future, when an item comes up that is outside the bounds of the retainer I will make a conscious effort to try and get the letter of engagement signed before we commence work. However, I will appreciate your help on this matter as I tend to jump in and focus more on trying to get the work out than I do trying to get the paperwork straight. Thanks for the opportunity to help and if there is anything further you need from me please do not hesitate to call. Sincerely, LDC:dck Enclosures - As stated above b~221497~lt~MG 127.doc 1102 Broadway, Suite 500 Robert L. Beale Gregory A. Jacoby M C ~,o A V I C K v.o. Box 1317 GregoryH. Pratt Gregory F. Amann ~ Tacoma, Washington 98401-1317 Henry Haas Joseph P. Zehnder R A V E S xJ K. Michael Jennings Dave J. Luxenberg A T T O R N E Y S A T 1 A W Telephone (253) 627-1181 Roy F. Kussmann Angela L. Olsen Fax (253) 627-2247 Edward R. Linds~-om Gregory R. Fox A Professional Services Corporation Barbara Jo Sylvester Peter J. Allen Malcolm C. Lindquist www.mcgavickgraves.com Dennis P. Greenlee, Jr. Of Counsel L. Paul AIvestad Ray Graves Loren D. Combs Lorcn D. Combs Lawrence B. McNerthney ldc~mcgavick.com James W. Feltus William P, Bergsten Leo A. McGavick (1904-1994) December 7, 2001 Lynn Horton, Mayor City of Bremerton 239 - 4th Street Bremerton, WA 98337 RE: Letter of Engagement - Amacher Employment Issues Our File No.: 22668 Dear Mayor Horton: This case involves labor law issues and advising the City regarding issues of discipline and disability discrimination. The potential exposure to the City is either arbitration of any disciplinary decisions or potential litigation of claims for discrimination under the FMLA and/or ADA. This potential is speculative at this time. Ed Lindstrom is handling this case, his billable rate is $200.00 per hour. I do not anticipate that the fees on this matter will exceed $5,000.00, excluding costs of arbitration or litigation. LDC:dck b~2497~ngarnacher.doc Accepted by the City of Bremerton this V~- day of December, 2001. n, Mayor M [ 102 Broadway, Suite 500 Robert L. Beale Crregory A. Jacoby C · J A V I C K p.o. Box 1317 Gregory H. Pratt Gregory F. Amann ,,ar'- R A V E S Tacoma, Washington 98401-1317 Henry Haas Joseph P, Zehnder K. Michael Jennings Dave J. Luxenberg ^ T I 0 R N E Y S A Y L A W Telephone (253) 627-1181 Roy F. Kussmann Angela L. Olsen Fax (253) 627-2247 Edward R. Lindstrom Gregory R. Fox A Professional Services Coq>oration Barbara Jo Sylvester Peter J. Allen Malcolm C. Lindquist www.mcgavickgraves.com Dennis P. Greenlee, Jr. Qf Cogn~el L. Paul Alvestad Ray Graves Loren D. Combs Loren D. Combs Lawrence B. McNerthney Idc~mcgavick.com James W. Feltus William P. Bergsten Leo A. McGavick (1904-1994) December 7, 2001 Lynn Horton, Mayor City of Bremerton 239 - 4th Street Bremerton, WA 98337' RE: Letter of Engagement - City of Bremerton v. Foster Pepper & Shefelman Our File No.: 2249'7 Dear Mayor Horton: This case is against former legal counsel for the City. The Defendant's Motion to Dismiss was denied this past week and I believe that opened the door for settlement negotiations. We anticipate minimal work on this matter. As our existing agreement with the City indicates, attorneys will work at their normal hourly rates but for those partners whose houdy rates are higher than $200.00 per hour they shall only bill $200.00 per hour. I do not anticipate that the fees on this matter will exceed $5,000.00. LDC:dck b~2497~engcob-fps.doc Accepted by the City of Bremerton this 1~,-- day of December, 2001. L~n6' Horton, Mayor 1102 Broadway, Suite 500 Robert L. Beale Gregory A. Jacoby M C GA V I C K P.o. Box 1317 Gregory H. Pratt Gregory F. Amann O R A V E S Tacoma, Washington 98401-1317 Henry Haas Joseph P. Zehnder K. Michael Jennings Dave J. Luxenberg A T T O R N E Y S A T L A W Telephone (253) 627-1181 Roy F. Kussmann Angela L. Olsen Fax (253) 627-2247 Edward R. Lindstrom Gregory R. Fox A Professional Services Coggoration Barbara .lo Sylvester Peter J. Allen Malcolm C. Lindquist www.mcgavickgraves.com Dennis P. Greenlee, Jr. Of Counsel L. Paul Alvestad Ray Graves Loren D. Combs Loren D. Combs Lawrence B. McNerthney Idc@mcgavick.com James W. Feltus William P. Bergsten Leo A. McGavick (1904-1994) December 7, 2001 Lynn Horton, Mayor City of Bremerton 239 - 4th Street Bremerton, WA 98337 RE: Letter of Engagement - Eastside CSO Treatment Plant Litigation Our File No.: 22810 Dear Mayor Herren: The City has an ongoing lawsuit in Federal Court regarding a Federal Consent Decree. Part of that Consent Decree requires the City to make certain improvements pdor to deadlines set forth in the Federal Consent Decree. Our involvement in this case is to advise the Public Works Director regarding tho suggested course of action and to take such legal action as is necessary to assist the City the federal case. Much of the time that I have spent on this matter I have not billed to the City but merely included in my retainer. However, it does involve our environmental attorney, Greg Jacoby and one of our litigators, Jim Feltus. For time that is billed to this file it will be billed at the normal hourly rate of the attorney or paralegal that is working on the case but in no event shall it exceed the hourly rate of $200.00 per hour. This is an ongoing case that may have other issues adse in the future. However, the current issues should be resolved by April, 2002 and I do not anticipate that the fees will exceed $20,000.00. Loren D. Combs LDC: cc: Gene Sampley b~22497~engcso.doc Accepted by the City of Bremerton this l ~" day of December, 2001. ~n, Mayor 1102 Broadway, Suite 500 Robert L. Beale Gregory A. Jacoby M C G A V I C K P.O. Box 1317 GregoryH. Pratt Gregory F. Amann G R A V E S Tacoma, Washington 98401-1317 Henry Haas joseph P. Zehnder K. Michael Jennings Dave J. Luxenberg A T T 0 R N E ¥ S A T k A W Telephone (253) 627-1181 Roy F. Kussmann Angela L. Olsen Fax (253) 627-2247 Edward R. Lindstvom Gregory R. Fox A Professional Services Corporation Barbara Jo Sylvester Peter J. Allen Malcolm C. Lindquist www.mcgavickgraves.com Dennis P. Greenlee, Jr. Of Counsel L. Paul Alvestad Ray Graves Loren D. Combs Loren D. Combs Lawrence B. McNerthney Idc@mcgavick.com James W. Feltus William P. Bergsten Leo A. McGavick (1904-1994) December 7, 2001 Lynn Horton, Mayor City of Bremerton 239 - 4th Street Bremerton, WA 98337 RE: Letter of Engagement - Kucera et al. v. City of Bremerton Our File No.: 22811 Dear Mayor Horton: This case involves the high speed ferry litigation. The City's prior attorneys filed Answers and Cross-Claims. As I have previously advised the City on this matter, I do not believe that the City should try to take a leading role in this case as the legal costs would be very large and there is no need to spend that money. The Attorney General is doing an excellent job on this case and the City's involvement should be restricted to making sure that the economic development issues unique to Bremerton are adequately addressed and that the City's cross-claims relative to the scope of any environmental review are protected. As our existing agreement with the City indicates, attorneys will work at their normal hourly rates but for those partners whose hourly rates are higher than $200.00 per hour they shall only bill $200.00 per hour. Currently I am using one of our Associates to do most of the work. Greg Fox's billable rate is $135.00 per hour. We are trying to keep the City's costs down on this matter and I do not anticipate that they will exceed $10,000.00. /../LoreTn D. Combs LDC:dck b'O_2497~engkucera.doc Accepted by the City of Bremerton this ( ~'~day of December, 2001. M 1102 Broadway, Suite 500 Robert L. Beale Gregory A. Jacoby ~ A V I C K P.O. Box 1317 Gregory H. Pratt Gregory F. Amann ,o~ R A V E S Tacoma, Washington 98401-1317 Henry Haas Joseph P. Zehnder K. Michael Jennings Dave J. Luxenberg A T T O R N E Y $ A T L A W Telephone (253) 627-1181 Roy F. Kussmann Angela L. Olsen Fax (253) 627-2247 Edward R. Lindstrom Gregory R. Fox A Professional Services Corporation Barbara Jo Sylvester Peter J. Allen Malcolm C. Lindquist www.mcgavickgraves.com Dennis P. Greenlee, Jr. Of Counsel L. Paul AIvestad Ray Graves Loren D. Combs Loren D. Combs Lawrence B. McNerthney Idc@mcgavick.com James W. Feltus William P. Bergsten Leo A. McGavick (1904-1994) December 7, 2001 Lynn Horton, Mayor City of Bremerton 239 - 4th Street Bremerton, WA 98337 RE: Letter of Engagement - Bogen Employment Issues Our File No.: 22738 Dear Mayor Horton: This case involves labor law issues and an Unfair Labor Practice charge filed by the Police Officers' Guild alleging a refusal to bargain by the City of Bremerton. Unless by resolved by agreement it will entail a hearing before the Public Employment Relations Commission. As our existing agreement with the City indicates, attorneys will work at their normal houdy rates but for those partners whose houdy rates are higher than $200.00 per hour they shall only bill $200.00 per hour. Ed Lindstrom is handling this case, his billable rate is $200.00 per hour. I do not anticipate that the fees on this matter will exceed $10,000.00. Loren D. Combs LDC:dck b~2497~engbogen.dcc Accepted by the City of Bremerton this ~,~'" day of December, 2001.