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HomeMy WebLinkAbout5.326 Original ContractTHIS AGREEMENT made and entered this day of e 1993 by and between City Of Port Angeles, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City and Keating, Bucklin McCormack, Inc., P.S., a Washington corporation, 4141 SeaFirst Fifth Avenue Plaza, 800 Fifth Avenue, Seattle, Washington, 98104, hereinafter referred to as "Counsel WITNESSETH PROFESSIONAL SERVICES AGREEMENT LEGAL SERVICES WHEREAS, The City desires to obtain counsel's legal services to represent the City in legal actions requiring special experience in tort liability defense; and WHEREAS, Counsel desires to perform the necessary legal services for the City; NOW, THEREFORE, in consideration of the agreements contained herein, the parties do mutually agree as follows: I. DEFINITIONS A. COUNSEL Keating, Bucklin McCormack, Inc., P.S., its attorney principals and associates. B. CITY City of Port Angeles, its elected officials and authorized employees. C. PARTIES City and Counsel. D. PARTY City or Counsel. II. DUTIES OF COUNSEL A. Provide legal advice, assistance, representation of the City when so requested by the City Council; or the City Manager; or the City Attorney. B. The services to be provided by Counsel may include but not be limited to: All steps necessary to defend the City as either Counsel of Record or Associated Counsel with the City Attorney, advise Legal Services Contract City of Port Angeles and Keating, Bucklin McCormack Page 2 III. COMPENSATION the City regarding certain litigation related legal questions, attend meetings of Council or Officials as directed, and undertake other action as directed by City Attorney or City Manager. The actual scope of work to be performed by Counsel shall be determined by the City. C. Counsel may, on behalf of the City and at the City's expense retain litigation support services including but not limited to Court Reporters and Expert Witnesses and direct said support providers. Counsel shall not retain such litigation support services without prior consultation with and approval from the City Attorney, and in no event shall services be requested in excess of Ten Thousand Dollars ($10,000.00) without advance permission of the City Attorney or City Manager. A. For providing services in 1993 as generally set forth in this Contract, the City agrees to pay Counsel the sum of One Hundred Twenty -Five Dollars ($125.00) per hour for Shareholders and Senior Associates and One Hundred Fifteen Dollars ($115.00) for Associates. Travel costs, photo copying, special messenger or mailing costs, and long distance telephone charges shall be billed additionally. Counsel will advance costs under Fifty Dollars ($50.00) but will direct bill to City for payment by City any cost items over Fifty Dollars (i.e. court reporter bills, expert witness bills, etc.). Counsel reserves the right to raise its fee per hour charges once at the beginning of each new calendar year that this Agreement remains in effect but agrees it will not raise its rates beyond that which it charges W.C.I.A. Any raise in rates by Counsel will become effective and accepted by the City if not rejected by the City within ten (10) days of the City's receipt of written notice of rate change from Counsel. B. Counsel may bill the City for payment for services on a monthly basis. All bills presented to the Legal Services Contract City of Port Angeles and Keating, Bucklin McCormack Page 3 C. Counsel agrees to maintain Lawyers' Professional Liability Insurance throughout the duration of this Contract and to provide the City with a Certificate Of Insurance demonstrating the insured status of Counsel. Such insurance shall contain coverage for any neglect, errors and omissions of Counsel. Counsel agrees to immediately notify the City in the event of any cancellation of said insurance. D. Counsel shall not assign or subcontract legal services under this Contract with any other person or organization without the prior written consent of the City. Counsel shall only appoint attorneys to work on this legal matter who have been approved by the City Attorney. IV. NOTICE Any notice required or permitted to be given under this Contract shall be sufficient if given in writing and sent by registered or certified mail to the City or to Counsel at the addresses first set forth above or to any other address of which written notice of change is given. V. WAIVER The waiver by Counsel or the City of the breach of any provision of this Contract by the other party will not operate as, or be construed as, a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. VI. AMENDMENTS City shall identify the work performed and the hours worked including itemized expenses of Counsel. Each bill shall be due and payable in full within thirty (30) days of receipt by the City. This Contract sets forth all of the terms, conditions, and agreements of the parties relative to the subject Legal Services Contract City of Port Angeles and Keating, Bucklin McCormack Page 4 matter hereof and supersedes any and all such former Contracts with respect to the same; and any and all such former Contracts are hereby terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions or agreements with respect hereto, except as herein provided and no amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. VII. CANCELLATION This Contract may be terminated at the will of either party at any time by at least five (5) days written notice given in accordance with Paragraph IV of this Contract. If this Contract is terminated, Counsel shall be entitled to compensation for work completed as set forth in Section III herein, but only as much compensation as can be justified by actual and reasonable time and expense of Counsel to date of termination. In the event of termination of this Contract, the City shall be entitled to and shall receive all reports, documentation and \or work product generated by Counsel as of the date of termination. IN WITNESS WHEREOF, the parties have caused this Contract to be executed the day and year first above written. CITY OF PORT ANGELES REY/ ,OPOMERANZ, CITY MANAGER KEATING, BUCKLIN MCCORMACK, INC., P.S. CA3LZ-V MARK R. BUCKLIN, PRESIDENT Legal Services Contract City of Port Angeles and Keating, Bucklin McCormack Page 5 APPROVED AS TO FORM: CRAIG D. K TSON, CITY ATTORNEY c. \agc \ptan9301 \agreel DATE: September 30, 1993 MEMORANDUM TO: City Council FROM: City Attorney RE: Professional Services Agreement With Keating. Bucklin McCormack for Legal Services ISSUE: Should the City Council authorize the City Manager to sign a profes- sional services agreement with Keating, Bucklin McCormack for legal services? BACKGROUND /ANALYSIS: The City of Port Angeles is insured with the Washington Cities Insurance Authority (WCIA) for claims over $250,000. WCIA provides legal defense on the City's behalf for claims with the potential to exceed $250,000. The law firm that WCIA usually retains for cases involving its members is Keating, Bucklin McCormack. This firm is staffed by attorneys who specialize in defending municipalities in liability lawsuits such as police misconduct and road design uses. When the City is sued for occurrences that precede its WCIA membership or are less than the $250,000 self insured retention, it is sometimes necessary for the City to retain outside counsel at the City's expense. Circumstances justifying this expense are when the type of case requires special expertise, the plaintiff is represented by counsel with special expertise, or the potential damages are signifi- cant. Even when the City retains outside counsel, the City Attorney's office continues to be involved and works with outside counsel so that costs are kept to a minimum. The City has already retained the services of Keating, Bucklin McCormack in two ongoing lawsuits and has used the law firm's services on several matters which WCIA paid for. The City Attorney's office has been pleased with the quality of representation provided and the working relationship established with the law firm. Executing the attached contract with Keating, Bucklin McCormack would formalize the terms under which the City retains the law firm's services now and in the future. September 30, 1993 Page 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached professional services agreement with Keating, Bucklin McCormack for legal services. Craig D.(JKnutson, City Attorney CDK:cb Attachment co cm