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Home My WebLink AboutLW11-047 - Original - 01/01/2011 - Agreement for Legal Services - King County Inquest Lawsuit Records Martagement,,M, KENT WASHI„G7p„ Docu menl1y low CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Keating, Bucklin & McCormack, Inc., P.S. Vendor Number: 34004 ]D Edwards Number r7 Contract Number: L-14) t 1- Q y This is assigned by City Clerk's Office Project Name: Agreement for Legal Services for 2011 - Police Officers Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/1/2011 Termination Date: 12/31/2011 Contract Renewal Notice (Days): None Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law Detail: (i.e. address, location, parcel number, tax id, etc.): S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEATING,BUCKLIN &MCCORMACK, INC., P.S. JOHN L McCORMACK ATTOrZNEYS AT LAW RICHARD B JOLLEY MARK R BUCKLIN BRENDA L BANNON RANDAL W EBBERSON 800 FIFTH AVENUE,SUITE 4141 MARY ANN MCCONAUGHY STEVEN L THORSRUD SEATTLE WASHINGTON 98104-3175 SHANNON M RAGONESI , MICHAEL C WALTER KIMBERLY J WALDBAUM ANDREW G COOLEY PHONE (206)623-8861 JEREMY W CULUMBER STEWARTA ESTES FAX (206)223-9423 ADAM L ROSENBERG JAYNE L FREEMAN AMANDA G BUTLER STEPHANIE E CROLL E-MAIL kbm@kbmlawyers can ROBERTC KEATING(1915-2001) February 10, 2011 Tom Brubaker Kent City Attorney Civil Division I Law Department 220 Fourth Avenue South Kent, WA 98032 RE: Agreement for Legal Services to the City of Kent for 2011 by KBM Dear Tom- This letter agreement will memorialize our discussions and agreement regarding the providing of legal services by Keating, Bucklin & McCormack Inc., P.S. ("KBM'') to the City of Kent in 2011. KBM has agreed to provide all necessary legal services to the City of Kent as may be requested by the City of Kent on a case by case or incident basis, assuming KBM has no conflict of interest It is contemplated that since the City has become primarily self-insured for third party liability claims starting in 2011 you may need the services of outside counsel to defend certain tort related lawsuits, claims and incidents and/or to represent the City and police officers in King County Inquest proceedings, specifically including immediate counsel, by telephone or on-site visit if necessary, to officers and the City in the event of an officer-involved shooting You may also wish to call upon KBM to provide pre-litigation advice and counsel on other matters such as personnel or land use. In whatever capacity you elect to employ our services, it is agreed that KBM, its attorneys and staff are at all times acting as independent contractors for the City of Kent. We agree and understand that we will normally report to and take direction from you or your designated representative, as City Attorney for Kent, and from Chris Hills. Risk Manager, on those legal matters for which we have been retained In addition, the City may also direct you to consult with Carl Warren & Company, the City's Third Party Administrator. However, for billing purposes, unless otherwise agreed, all KBM bills will be submitted to Carl Warren & Company at the following address: Carl Warren & Company Attn- Terry Morrison 1400-1121" Ave SE, Suite 218 Bellevue, WA 98004 Tom Brubaker, City Attorney February 10, 2011 Page 2 KBM has and will maintain in place professional liability insurance with a $3M limit of liability and CGL insurance also with a $3M limit of liability coverage. Proof of our current coverage as stated above is attached hereto KBM is a licensed professional services corporation with the Secretary of State of Washington. KBM is a"C" corporation for legal and taxation purposes. Our IRS tax ID number is # 91-0979173. For 2011 we have agreed with you to bill at our "best customer" municipal rate of $237.00 per hour for shareholders and $232.00 per hour for senior associates and $227.00 per hour for associates In addition, we will bill travel expense via car at $ 50 per mile in addition to travel time at our hourly rate, photocopying at $ 20 per copy and long distance telephone calls and large postage at cost We will advance necessary costs up to $250 00 per item for things like witness fees and filing fees, etc , and will include them for reimbursement in our regular billing. Costs in amounts of over $250 00 will normally be sent directly to Carl Warren & Co for direct reimbursement to the vendor for such things like expert witness fees, medical records services and outside vendor litigation support services for trial exhibits and the like We will normally bill a file once a month unless there has been little or no activity to warrant a bill Bills will be sent to Carl Warren & Company at the address noted above for payment and we anticipate payment within 30 days of the receipt of the bill. KBM revises its rates annually starting on January 1. We will advise you in writing of any change in or rates before that date each year but work done thereafter starting on January 1 will be at the then prevailing rate We have agreed with you that in normal circumstances you or your designee will contact me, as Managing Shareholder of KBM, for any new assignments and I will then assign the matter to the appropriate attorney in this office so that I may assure you that the attorney assigned has the time to devote to the matter. I will always try to honor any requests you may have for a specific attorney to work on a matter In my absence Rand Ebberson is the acting Managing Shareholder and you should contact him. However, in any urgent or emergency situation you are free to directly contact any attorney in this office for assistance If this letter agreement for legal services meets with your approval. I would ask you to sign below so indicating your approval on behalf of the City of Kent and return the signed version to me We have enjoyed and appreciated our longstanding relationship with the City of Kent and appreciate the opportunity to continue to provide our legal services to the City as needed Tom Brubaker, City Attorney February 10, 2011 Page 3 Cordially, Terms above agreed to on behalf of the City of Kent: t?m L 411111 1! Mark R Bucklm To Brubaker Date President and Managing Shareholder City Attorney for Kent Keating Bucklm & McCormack Inc. P.S. FRANKCRYSTAL Frank Crystal&Co.Inc c4� �MI'1�.P�Y Financial Square 32 Old Shp 17th floor New York,NY 10005-3504 erowr 212 344-2444 800 221-5830 INSURANCE BINDER FAX 212 509-1292 original NAMED INSURED BINDER DATE BINDER NO Keating, Bucklin & McCormack, Inc. , P.S. 08/06/10 210614 Bank of America Fifth Avenue Plaza 800 Fifth Avenue, Suite 4141 CLIENT CODE POLICY TYPE Seattle, WA 98104 KEATBU Renewal Page 1 of 1 ACCOUNT EXECUTIVE William J Lambiase,Jr 212-504-5936 EFFECTIVE DATE EXPIRATION DATE POLICY NUMBER INSURER 08/10/10 08/10/1, OOPF0219651 Twin City Fire Ins . Co. COVERAGE DESCRIPTION AND AMOUNTS/LIMITS Coverage : Lawyers Professional Liability Limit of Liability* Deductible** Premium Inclusive of Claims Expenses) (Aggregate) (Annual) $3 , 000, 000 $25, 000 $32 , 715 * Inclusive of an additional $3 , 000, 000 Limit for Claims Expenses ** Deductible is an annual aggregate and is not applicable to Claims Expenses Coverage will be as per the terms and conditions of the expiring Hartford Premier Lawyers Professional Liability Insurance Company Policy Form. The undersigned company agrees for Its respective Interests only and to the extent respectively Indicated,to effect insurance or changes as set forth This agreement is binding for account of the Assured until acceptance of satisfactory policy and/or endorsement and/or term agreed to by Frank Crystal&Company and/or Its subsidiaries and affiliates This binder is issued for a period of 60 days and automatically will be extended for additional consecutive periods of 60 days until acceptance of the Policy, Bond,and/or Endorsement by the Assured In addition to the fees and/or commissions received by Frank Crystal&Company for the placement of Insurance coverages, in certain circumstances other parties may earn and retain usual and customary commissions for their role in providing insurance products or services under their separate contracts with Insurers and/or reinsurers Additionally,the firm may receive contingent payments or allowances from some insurers based on factors which are not client-specific, such as aggregate loss x erience size or performance of an overall book of business Produced with the Insurer Premium $32,715 Twin City Fire Ins Co Confirmed By Authorized Representative Kristin Mullins At Frank Crystal&Co, Inc Refer To William J Lambiase, Jr Admitted X Non-Admitted AMERICAN STATES INSURANCE COMPANY PAGE 1 Liberty SEATTLE, WASHINGTON Nocthw�.Y. ULTRA CATASTROPHE LIABILITY POLICY NAMED KEATING, BUCKLIN & MCCORMACK, F RENEWAL DECLARATIONS INSURED P. S. INC. AND BOO 5TH AVE STE 4141 MAILING POLICY NUMBER 01-CT-008091-9 0 E ADDRESS SEATTL , WA 98104 it RENEWAL OF 01-CT-008091-8 oa- 92 AGENT BALDWIN RESOURCE GROUP INC POLICY NAME PO BOX 1848 PERIOD FROM 04-14-10 TO 04-14-11 1z01AM AND BELLEVUE, WA 98009 STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE ADDRESS 46-08673 (425) 455-5640 THE TOTAL PREMIUM DUE FOR THE POLICY TERM IS $699.00. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #040-2045-386-01. YOU NEED NOT PAY ANY PREMIUM AT THIS TIME. WE WILL SEND A BILLING STATEMENT IN A SEPARATE MAILING. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, THE COMPANY AGREES WITH THE NAMED INSURED TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS RENEWAL SERVES THE SAME PURPOSE AS WRITING A NEW POLICY WITH THE SAME PROVISIONS, CONDITIONS AND INSURING AGREEMENTS. THE INDIVIDUAL COVERAGE PART DECLARATIONS WHICH FOLLOW, LIST ALL OF THE FORMS THAT APPLY TO YOUR RENEWAL AND THOSE, IF ANY, WHICH NO LONGER APPLY ONLY NEW OR REVISED FORMS ARE ATTACHED TO THIS RENEWAL YOU MUST ADD THEM TO YOUR PRIOR POLICY ULTRA CATASTROPHE LIABILITY COVERAGE . .... . ..... . .. $ 699.00 699.00 PREMIUM FOR CERTIFIED ACTS OF TERRORISM . ..... .. ... ... $ 0.00 TOTAL POLICY PREMIUM . ..... .. . . . . . . $ 699.00 P w� THIS POLICY IS ISSUED WITH THE CONDITION THAT THE UNDERLYING LIMITS AND COVERAGES SHOWN IN THE SCHEDULE ARE IN FORCE p COUNTERSIGNATURE BY (DATE) (AUTHORIZED REPRESENTATIVE) 9-CUR (10-01) COMPANY USE ONLY NORTHEAST 25 ( - 655) INSURED COPY PREPARED 03-08-10 r� Cfi6-0�PRRRO01-2706pRQrR 1.11xrty ULTRA CATASTROPHE LIABILITY POLICY PAGE N�rthw•est. .ati am-.n wemmwp NAMED INSURED KEATING, BUCKLIN & MCCORMACKe POLICY NUMBER: 01—CT-008091-90 LIMITS OF INSURANCE (A) EACH OCCURRENCE $ 3,000 a O00 (B) AGGREGATE LIMITS - SEPARATELY AS RESPECTS: (1) PRODUCTS HAZARD AND COMPLETED OPERATIONS HAZARD COMBINED $ 3 r 000,000 (2) OCCUPATIONAL DISEASE SUSTAINED BY ALL EMPLOYEES OF ANY INSURED $ 3 ,000,000 (3) ALL OTHER COVERAGES COMBINED (EXCEPT AUTOMOBILE LIABILITY, WHICH IS NOT SUBJECT TO ANY AGGREGATE LIMIT) $ 3,000,000 (C) RETAINED LIMIT $ 0 ITEM 5 PREMIUM EXPLANATION. CERTIFIED ACTS OF TERRORISM $ 0.00 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE: CT7001(0705) ULTRA CATASTROPHE LIAB. COV. CT0002(0900) SCHEDULE OF UNDERLYING INS CT0161(0900) WASHINGTON CHANGES CT2105(0900) EXCLUSION — ASBESTOS CT2212(0900) FOL FORM—PUNITIVE DAMAGES C4771(0209) POLICYHOLDER NOTICE CT SPA CT2132(0302) EXCLUSION — FUNGI OR BACTERI C72228(0108) CAP ON LOSSES — CERT ACTS OF CT2164(0209) RCDING & DISTRIB MATERIAL C4344(0305) NTC TO POLICYHOLDER — SPAM E C4319(1104) NOTICE TO POLICYHOLDERS — CT C70196(0704) MOBILE EQUIPMENT REDEFINED CT0195(0704) SCHEDULED UNDERLYING INSURAN —_ 9-cub(5-01) COMPANY USE ONLY Satco and the Safece logo are tegistepd trademarkt of 51'eeo Corpo0on NORTHEAST 25 ( -655) PREPARED 03-08-10 CdIGOB.PRI f=-2700.Opp1Ji