The URL can be used to link to this page

Home My WebLink About5266Contract Number: Vendor Sub�ect: Department: File Class• Begin Date End Date Review Date Vault Date Comments 5266 KITSAP REGIONAL COORDINATING COUNCIL Agreement for Legal Services Legal LEG 12-1 1/1/2013 � ' AGREEMENT FOR LEGAL SERVICES ,t3 This agreement ("Agreement") is entered into between the Kitsap Regional Coordinating Council ("the Council") and the City of Bremerton ("the City") pursuant to the provisions of chapter 39 34 RCW ("Interlocal Cooperation Act") WHEREAS, the Interlocal Cooperation Act permrts local governmental umts to make the most efficient use of their powers by enabling them to cooperate wrth other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local commumties, and WHEREAS, it is in the City's best interest that the Council has effective, affordable and accessible legal counsel, and WHEREAS, the Council and the Crty wish to mutually cooperate for the purposes described herein, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows Section I PURPOSE The purpose of this Agreement is for the City to provide legal services to advise the Council in various legal matters Section II TERM OF AGREEMENT This Agreement is effective January 1, 2013 and will stay in effect until erther party terminates the agreement pursuant to Section III , Section III TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon thirty days advance wrrtten notice to the other party Sechon IV CONSIDERATION .� The City agrees to provide legal services through its City Attorney's Office to the Council without charge up to 100 hours per year The City, as a member of the Council, benefits from the Council receiving affordable and effective legal services The Council is not obligated to use the Crty for legal services and may engage other lawyers and enter into other agreements for legal services ' The City Attorney's Office may refuse to represent the Council on any matter at its .= discretion for any reason Section V CONFLICTS Prior to execution of this Agreement, the Crty and the Council have taken necessary and appropriate mvestigations to determine that for the purposes described in Section I of this Agreement no actual or potential conflict exists under the Washington State Rules of Professional Conduct ("RPC") The Crty Attorney's Office shall observe the RPC and mform the Council if a potential conflict of interest arises The Council recognizes that the City Attorney's Office may from time to time represent the City in matters in which the Council has an interest In such cases, if a conflict arises, the Council understands and agrees that the City Attorney's Office must comply with RPC 1 7 If the City Attorney's Office reasonably believes that as a result of a conflict, it cannot provide competent and diligent representation to both parties or otherwise comply with the RPC, the City Attorney's Office will notify the Council as soon as possible and withdraw from representing the Council If the Council desires legal services regardmg such a matter, the Council will retain another lawyer Section VI INDEMNIFICATION AND HOLD HARMLESS Each party agrees to defend and indemmfy the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, mcluding reasonable attorneys' fees and costs, to the extent they arise out of the negligence or willful misconduct of the indemmtor or its elected or appointed officials, officers, employees and agents m connection wrth this Agreement The indemnitor's duty to defend and indemmfy extends to claims by the elected or appomted officials, officers, employees or agents of the indemnrtor or of any contractor or subcontractor of indemnitor The indemnrtor waives rts immumty under Title 51 (Industrial Insurance) of the Revised Code of Washmgton solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated This provision shall survive the termination of this Agreement Section VII GENERAL PROVISIONS A Inte rag tion This Agreement constitutes the entire agreement between the parties No other understandings or representations, oral or written, regarding the sub�ect matter of this Agreement will be deemed to exist or bind the parties B Amendments This Agreement may be modified or amended only by a writing duly executed by authorized representatives of both parties C Representatives and Notices The coordinating contact representative for the Crty is the City Attorney The coordinating contact representative for the Council is Mary McClure, who shall have full authority to request service hereunder Any notices required or permrtted to Page 2 of 4 . , be given under this Agreement shall be in writing and addressed as follows , . The Council Mary McClure Krtsap Regional Coordinahng Council P O Box 1934 Kingston, WA 98346 The Citv Roger Lubovich Bremerton Crty Attorney 345 Sixth Street, Suite 600 Bremerton, WA 98337 D Files All files and other documents rela"ted to Council matters mamtained by the City Attorney's Office shall be the files of the Council and accessible by the Council during normal business hours, except confidential documents sub�ect to the attorney work product doctrine or other law At the request of the Council, any and all files maintained by the City Attorney's Office shall be tendered to the Council E Independent Contractor The City Attorney's Office services shall be furnished as an independent contractor and nothing m or arismg from this Agreement shall be construed to create a relationship of employer-employee or master-servant F Non-Discrimination Each party agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disabilrty, sexual orientation, veteran's status or other circumstance prohibited by federal, state, or local law or ordmance, except for a bona fide occupational qualification Each party shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement Violation of this section shall be a material breach of this Agreement and grounds for cancellation, termination or suspension, in whole or in part � G Governing Venue This Agreement shall be construed and interpreted in accordance with the laws of the State of Washmgton In the event of a dispute, such dispute shall be litigated only in the Superior Court of Kitsap County, Washington Each party shall responsible for rts own attorney's fees and litigation costs H Severabilrtv The invalidrty or unenforceabilrty of any provision m this Agreement shall not affect the validity or enforceability of any other provisions that can be given effect wrthout the offending provision I No Waiver Failure to insist upon strict compliance with any terms, covenants or condrtions 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 J Administration This Agreement will be �ointly administered by the Council and the City This Agreement does not create any separate legal or administrative entity K Financin ,� Bud�et This Agreement does not contemplate �omt financing of the activities within its scope, nor does it contemplate a�oint budget Page 3 of 4 � ., L Propertv Acquisrtion and Dis osition The parties do not contemplate the �oint acquisition of property by the parties pursuant to this agreement At termination, each party will remain the sole owner of rts own property M Bmdin Eg ffect The covenants and condrtions contained in this contract are bindmg on the parties, their assigns, subcontractors and legal representatives IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date stated above Dated this � day of ��, 2013 KITSAP REGIONAL COORDINATING COUNCIL , I/ � • ��-vr/� . By ,,, C�nu��/' Dated this �� day of �(,�.L.- , 2013 � CITY OF BREMERTON � � PATTY LE , AYOR R\Legal\Legal\Files\Current Active Files\KRCC�2013 02 14 ILA wrth KRCC re legal serv�ces docx �� Page 4 of 4