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Home My WebLink About5477Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5477 POULSBO, CITY OF ILA - Prosecution Services Legal LEG 12-1 5/1/2015 4/30/2020 1/1/2020 2021 Comments : AGENDA BILL CITY OF BREMERTON CITY COUNCIL n,S�� 7: - � SUBJECT: Interlocal Agreement for Study Session Date: Aprii 8, 2015 Prosecution Senrices between the City of COUNCIL MEETING Date: April 15, 2015 Breme�ton and the City of Poulsbo Department: City Attomey's Office Presenter: Roger Lubovich Phone: 473-2335 SUMMARY: The purpose of this Agreement is for Bremerton and Poulsbo to provide each other with occasional support and back-up prosecution services in the cities' municipal courts. There will be no compensation for the services; the consideration is mutual services. The term is five years, starting May 1, 2015. , ATTACHMENTS: ILA for Prosecution FISCAL INlPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda O Genera! Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Inte�iocal Agreement with the City of Poulsbo and authorize the Mayor to finalize and execute the Agreemerrt with substantially the same terms and conditions as preserrted. COUNCBL ACT10N: [�,J Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Fortn Updated Oi/0T/15 INTERLOCAL AGREEMENT FOR LEGAL SERVICES Prosecution Services This Agreement is by and between the City of Bremerton ("Bremerton") and the City of Poulsbo ("Poulsbo") and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to enter into agreements with one another for governmental services; NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: SECTION i. PURPOSE The purpose of this Agreement is for Bremerton and Poulsbo to provide each other with occasional support and back-up prosecution services in the cities' municipal courts. SECTION Il. SCOPE OF SERVICES The cities will provide each other with in-court and other necessary prosecution services, including but not limited to charging criminal cases, filing necessary motions, and requesting search warrants. . This Agreement does not create a duty to provide services at a particular date or time. The requested services will be provided at the sole discretion of the party receiving the reyuest, based on timing and availability of personnel. The parties will in good faith provide services when able. SECTION iii. TERM OF AGREEMENT The term ofthis Agreement is five (5) years from May l, 2015. SECTION iV. TERMiNATION OF AGYtEEMENT This Agreement may be terminated by either party, with or without cause, upon fourteen (14) days' notice to the other party. . SECTION V. PAYMENT The parties agree that there will be no compensation for services rendered under this Agreement. Consideration for this Agreement is the mutual support and back-up prosecution services provided by the parties hereto. l— Agreement for Legal Services SECTiON VI. 1NSURANCE AND HOLD NARMI.ESS Bremerton and Poulsbo attorneys are independent contractors when they are performing work for the other city that is covered by this Agreement. Each city shall maintain insurance for its attorneys performing work under this Agreement to the same extent it provides insurance for all other attorneys in its employ. Poulsbo agrees to be solely responsible for the acts or omissions of its personnel which occur or arise in any way out of the performance of this Agreement. Poulsbo agrees to save and hold Bremerton, its personnel and officials, harmless from all costs, expenses, losses, and damages, including cost of defense, incurred as a result of any acts or omissions of Poulsbo or its personnel relating to the performance of this Agreement. Bremerton agrees to be solely responsible for the acts or omissions of its personnel which occur or arise in any way out of the performance of this Agreement. Bremerton agrees to save and hold Poulsbo, its personnel and officials, harmless from all costs, expenses, losses, and damages, including cost of defense, incurred as a result of any acts or omissions of Bremerton or its personnel relating to the performance of this Agreement. It is specifically and expressly understood that the indemnification provided herein constitutes each city's waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION VII. GENERAL PROVISIONS (a) This Agreement constitutes the entire agreement between the parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each P�'h'. (b) The parties acknowledge that the Bremerton City Attorney and the Poulsbo Prosecutor retain ultimate prosecutorial discretion in their respective jurisdictions in all matters within the scope of this Agreement. (c) Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: � Bremerton City Clerk Poulsbo City Clerk 345 Sixth Street, Ste. 600 200 NE Moe Street Bremerton, WA 98337 Poulsbo, WA 98370 (d) This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. (e) The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. 2— Agreement for Legal Services ( fl Failure to insist upon strict compliance with any terms, covenants, or conditions 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. (g) This Agreement does not establish a separate legal entity. No joint property shall be acquired under this Agreement. The Agreement shall be administered by Bremerton's City Attorney and Poulsbo's Prosecutor. (h) Each party to sign this Agreement shall publish a copy hereof on its web site, and list the Agreement by subject on its web site. iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year indicated. CITY OF BREMERTON CITY OF POULSBO .� � !S !�" Z,...:�. � w � ��- PATTY LEN , MAYOR D e BECK RiCKSON, MAYOR Date APPROVED AS TO FORM: ROGER A. LUBOVIC , CITY ATTORNEY RECEIVED FOR FILING: � SHANNON COR1N, CITY CLERK APPROVED AS TO FORM: ,�� . JAMES HANEY CITY ATTORNEY RECEIVED FOR FILING: �_� / vl.t�-�� NICOLE STEPHENS, C1TY CLERK 3— Agreement for Legal Services