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Home My WebLink About3641 1 Contract Number: 3641 Vendor: KITSAP CO PROSECUTORS OFFICE Subject: Prosecution Services ' Department: Legal File Class: LEG 12-1 Begin Date: 05/15/1995 End Date: 08/31/2009 Review Date: 02/15/2011 Vault Date: O1/O1/2011 Comments: Effective 7/05 CPI adjustment each yr through term Termination w/4 mo notice In-house prosecution services proposed by 9/09 , LEGAL SERVICES AGREEMENT Prosecution Services This Agreement is by and between the City of Bremerton ("City") and Kitsap County ("County") 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 state, the parties hereto agree as follows: SECTION I. PURPOSE The purpose of this agreement is to provide legal services for the City for prosecution of municipal criminal complaints and civil infractions. SECTION II. SCOPE OF SERVICES The County will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the City of Bremerton City Attorney's Office and Police Department as more fully described in the Scope of Work attached hereto and incorporated herein as Exhibit A. SECTION III. TERM OF AGREEMENT The term ofthis Agreement is June 16,2004 through June 30, 2009. SECTION IV. TERMINATION OF AGREEMENT This Agreement maybe terminated by either party, with or without cause, upon four (4) months notice to the other party. SECTION V. PAYMENT The County and City agree that compensation for services rendered under this agreement shall be at the monthly cost of$IO,793.84 per month through June 30, 2005. The first payment under this Agreement shall cover the period from June 16, 2004 through July 2004. Thereafter, payments shall be made monthly within 30 days following the month for which services are rendered. Effective July 1,2005, and on each succeeding July 1 throughout the term of this Agreement, the monthly payments shall be adjusted for the coming year by the percentage increase in the Consumer Price Index-Urban (CPI-U) for all U.S. cities as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. 1 The City shall provide office space, furnishings and office equipment for one attorney and one support staff person including telephones and computers and office supplies necessary to process the prosecution caseload. SECTION VI. INSURANCE AND HOLD HARMLESS Prior to and during the performance of the work covered by this Agreement, County shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement, a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least One Million Dollars ($1,000,000) for professional liability or errors and omissions in connection with the work to be performed by County under this Agreement. County shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability msurance. County agrees to defend, indenmify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages sustained or alleged to have been sustained by a person or persons arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of County, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. Each party shall be responsible for any negligence attributable to that party. 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 party. (b) The parties hereby further agree that the Agreement cannot be amended or modified without the written concurrence of both parties. (c) The parties acknowledge that the City Attorney retains ultimate prosecutorial discretion in all matters within the Scope of this Agreement. (d) Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: City Clerk 239 Fourth Street Bremerton, WA 98337 Kitsap County Prosecutor 614 Division Street, MS 35 Port Orchard, W A 98366 (e) 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 Kit sap County, Washington. 2 (f) The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. (g) 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. (h) This Agreernent may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year indicated. KIT SAP COUNTY BOARD OF COMMISSIONERS CARY BOZEMAN, MAYOR PATTY LENT APPROVED AS TO FORM: CHRIS ENDRESEN ROGER A. LUBOVICH, CITY ATTORNEY JAN ANGEL ATTEST: OPAL ROBERTSON, CLERK OF THE BOARD APPROVED AS TO FORM: RUSSELL D. HAUGE, PROSECUTING ATTORNEY R: \LEGAL \Contracts\LEGAL \Prosecutors-2004\Prosecutors Agreement. v3 .doc 3 (f) The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. (g) 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 tirne be taken to be a waiver of any other breach. (h) This Agreement may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year indicated. CITY OF BREMERTON KITSAP COUNTY BOARD OF COMMISSIONERS CARY BOZEMAN, MAYOR -- APPROVED AS TO FORM: COM ....... 41/ . . p..Tl~""",.s> . 0 O"'~ ~: -<'-'.0 Of * ::2 lJj: : m *\'.Z /.:0 f:"-1.s> ~,,""0 ...!(ING-<:,.9....~ * o LROBERTSON, 'gOil~r'- CLERK OF THE BOARD sse, . ROGER A. LUBOVICH, CITY ATTORNEY ATTEST: RECEIVED FOR FILING: APPROVED AS TO FORM: . HAUGE, ING ATTORNEY PAULA JOHNSTON, CITY CLERK G:\data\civil\KNEIP\pra\Prosecutors Agreement. v3.doc 3 SCOPE OF WORK The County will provide the full range of criminal prosecution and civil infraction enforcement (i.e., prosecution/case rnanagement, legal advisor and special projects as required) to the City's commissioned officers and other enforcement personnel as applicable. I. Municipal Court. (A) Appearance and preparation for all regularly scheduled monthly calendars as follows: 1. Non-jury trials. 2. Motion calendars. 3. Jury readiness calendars. 4. Contested infractions calendar including administrative hearings and traffic hearings, as needed. 5. Jury trial calendars. 6. Arraignments. 7. Sentencing. 8. Revocation hearings. 9. Motions. (B) Miscellaneous: 1. Review of cases, making decisions, and filing complaints. 2. Obtain search and arrest warrants. 3. Telephone or in-person contact with Bremerton Police Department officers. II. Superior Court. (A) Appeals (preparation and appearance): 1. Commencing (only after discussion and authorization from City Attorney) 2. Defending. III. Meetings. (A) Attend all meetings with the Police Department, City staff or City Council as requested or required to address current issues. (B) Prepare memorandum addressing the legal ramifications of courses of action contemplated as part of those meetings. IV. Provide liaison between the Bremerton Police Department and the court system regarding procedures and enforcement. V. Prepare, review and respond to issues as requested by the City Attorney, Chief of Police or Police Captain. VI. Recommend needed municipal code amendments to City Attorney. VII. Provide quarterly reports to the City and the City Attorney's Office which shall identify total case filings and case dispositions. EXHIBIT A Russell D. Hauge Prosecuting Attorney Carol I. Maves Office Admiuistrator Christian C. Casad Case Management Division Chief Michael B. Savage Felony Division Chief Jeffrey J. Jahns District/Municipal Division Chief Greg R. Hubbard Juvenile Division Chief Shelley E. Kneip Civil/Child Support Division Chief Kitsap County Prosecuting Attorney's Office Please reply to: Civil Division July 9,2004 R i"" ",.."",.m ,: ' I'E~' W" '-" ,.. . U ~ ,'- ,. '..~. '" " I.. ...~ "- ~ "#,"_1"'" '. . Mr. Roger Lubovich Bremerton City Attorney 239 4th Street Bremerton, WA 98337 JUL 1 4 2004 Cliy 0, ,:..:,',: ..) City /'.~1{),;" C' RE: Legal Services Agreement for Prosecution Services KC 242-04 Dear Roger: The City of Bremerton and Kitsap County recently entered into a contract for prosecution services. Section V of that contract states that the City will "provide office space, furnishings and office equipment for one attorney and one support staff including telephones and computers and office supplies necessary to process the prosecution caseload." In fact, as you have since pointed out, the City does not provide the County computers. This language was carried over from the previous contract, and was not discovered until after the contracts were in the process of being signed by the County Commissioners. By this letter, I want to assure you that my office does not expect the City to provide computers under the contract. Please feel free to contact me if you have any other questions or concerns regarding this issue. Sincerely yours, . HAUGE g Attorney RDH:dm Enclosure (contract) Adult Criminal & Administrative Divisions. 614 Division Street, MS-35' Port Orchard, Washington 98366-4681' (360) 337-7174' FAX (360) 337-4949 Juvenile Criminal Division. 614 Division Street, MS-35. Pon Orchard, Washington 98366-4681. (360) 337-5500. FAX (360) 337-5509 Special Assault Unit. 614 Division Street, MS-35' Port Orchard. Washington 98366-4681' (360) 337-7148' FAX (360) 337-7229 rtJ Bainbridge Island Municipal Court Division. 625 Winslow Way East . Bainbridge Island, Washington 98110. (206) 780-4670. FAX (206) 780-8596 Bremerton Municipal Court Division' 239 4th Street. Brematon, Washington 98337-]812.(360) 478-2334. FAX (360) 478-2303 Port Orchard Munidpal Court Division. 614 Division Street, MS-3S. Pon Orchard, Washington 98366-4681. (360) 337-7174' FAX (360) 337-4949 PoulsboMunicipaJ Court Division' 614 Division Street, MS-3S' Port Orchard, Washington 98366-4681 . (360) 337-7174' FAX (360) 337-4949 Civil Division. 614 Division Street, MS-35A' Port Orchard, Washington 98366-4681. (360) 337-4992. FAX (360) 337_7083 Child Support Division' 614 Division Street, MS-35. Port Orchard, Washington 98366-4681 . (360)337_7020. FAX (360) 337-5733 +--------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 24 Record(s) MAINTAIN Contract Transactions + + Contract Number 3641 + + + + + + + + + + + + + Insurance Type Amount E&O $2000000.00 Amount Begin Date End Date Review Date + + + + + $115053.08 + 05/15/1995 + 06/15/2004 + 01/01/2004 + + + + $2000000.00 + 10/01/2002 + + +Vendor Name +Subject +Department +Status Code KITSAP CO PROSECUTOR PROSECUTION SERVICES ATTORNEY LGL Insurance Total Insurance Review Date Comments TERMINATION W/4 MONTHS NOTICE + + + + + +--------------------------------------------------------------------------+ - -- \'(c- S'6cl-'l1 LEGAL SERVICES AGREEMENT Prosecution Services This Agreement is by and between the CITY OF BREMERTON, (hereinafter referred to as "City") and the COUNTY OF KITSAP (hereinafter "County"); and is made and entered into pursuant to the provisions of Chapter 39-34 RCW. WITNESETH: WHEREAS, Chapter 39-34 RCW (Interlocal Cooperation Act) permits local government units to enter into agreement with one another for governmental services; NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: SECTION L PURPOSE The purpose of this agreement is to provide legal services for the City ofBremerton for prosecution of municipal criminal complaints and civil infractions. SECTION n. SCOPE OF SERVICES The County will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the City ofBremerton Legal Department and Police Department, as more fully described in the Scope of Work attached hereto and incorporated herein as Exhibit "A." LEGAL SERVICES AGREEMENT Prosecution Services - 1 SECTION HL TERM OF AGREEMENT The term of this agreement is June 16, 1999 to June 15, 2004. SECTION IV. TERMINATION OF AGREEMENT This A~'eement may be terminated by either party, with or without cause, upon four (4) months notice to the other party. SECTION V. PAYMENT The County and City agree that compensation for services rendered under this agreement shall be at the annual cost of One Hundred Fifteen Thousand, Fifty-Three Dollars and Eight Cents ($115,053.08) for the remainder of calendar year 1999. Effective January 1, 2000 and on each succeeding January 1 throughout the term of this agreement, each annual payment shall be adjusted by the percentage increase in the Consumer Price Index-Urban (CPI-U) for all U.S. cities as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. It is recognized that the publication of the CPI-U does not ordinarily occur in any given January for the immediately preceding year. Therefore, adjustments made for services provided hereunder shall be retroactive to January 1 of each given yearpnce the CPI-U is known for the relevant preceding year. The City shall provide office space, furnishings and office equipment for one attorney and one support staffperson including copier, telephones and computers, and office supplies necessary to process the prosecution caseload. LEGAL SERVICES AGREEMENT Pro~cution Services - 2 SECTION VI. INSURANCE AND HOLD HARMLESS Prior to and during the performance of the work covered by this Agreement, County shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least One Millinn Dollars ($1,000,000.00) aggregate against professional liability or errors and omissions in connection with the work to be performed by County under this Agreement. County shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. County agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages sustained or alleged to have been sustained by a person or persons arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of County, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. Each party shall be responsible for any negligence attributable to that party. LEGAL SERVICES AGREEMENT Prosecution Services - 3 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 party. Co) The parties hereby further agree that the Agreement cannot be amended or modified without the written concurrence of both parties. (c) The parties acknowledge that the City Attorney retains ultimate prosecutorial discretion in all matters within the scope of this agreement. (d) Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: City Clerk Kitsap County Prosecutor 239 Fourth Street IGtsap County Courthouse Bremerton, WA 98337 614 Division Street Port Orchard, WA 98366 (e) This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event ora dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. (0 The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. (g) 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 wavier or relinquishment of such right or power at any time be taken to be a waiver of any other breach. LEGAL SERVICES AGREEMENT Prosecution Services - 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year indicated. CITY OF BREMERTON APPROVED AS TO FORM: ~GLL~qNA~ANCA, City Attorney KITSAP COUNTY BOARD OF [,~. / & / ~ ~ C0~fl~ SSIONERS Charlotte Crarrido, Chair Tim~ ATTEST: Clerk oft'he Board LEGAL SERVICES AGREEMENT Prosecution Services - 5 APPROVED AS TO FORM: ~'U~fing Attorney RECEIVED FOR FILING: City Cl~rk LEGAL SERVICES AGREEMENT Prosecution Services - 6 EXHIBIT "A' SCOPE OF WORK The County will provide the full range of criminal prosecution and civil infraction enforcement (i.e., prosecution/case management, legal advisor and special projects as required) to the City's commissioned officers and other enforcement personnel as applicable. 1. Municipal Court a. Appearance and preparation for alt regularly scheduled monthly calendars as follows: 1) Non-jury trials. 2) Motion calendars. 3) Jury readiness calendars. 4) Contested infractions calendar including administrative hearings and traffic hearings, as needed. 5) Jury trial calendars. 6) Arraignments. 7) Sentencing. 8) Revocation hearings. 9) Motions. b. Miscellaneous 1) Review of cases, making case decisions, and filing complaints. 2) Obtain search and arrest warrants. 3) Telephone or in-person contact with Bremerton Police Department officers. 2. Superior Court a. Appeals (preparation and appearance). 1) Commencing (only after discussion and authorization from City Attorney). 2) Defending. 3. Meetings a. Attend all meetings with the Police Department, City staffor City Council as requested or required to address current issues. b. Prepare memorandum addressing the legal ramifications of courses of action contemplated as part of those meetings. 4. Provide liaison between the Bremerton Police Department and the court system regarding procedures and enforcement. 5. Prepare, review and respond to issues as requested by the City Attorney, Chief of Police or Police Captain. 6. Recommend needed municipal code amendments to City Attorney. 7. Provide quarterly reports to the City and the City Attorney's office which shall identify total case filings and case dispositions. EXHIBIT "A" LEGAL SERVICES AGREEMENT Prosecution Services This Agreement is by and between the CITY OF BREMERTON, (hereinafter referred to as "City") and the COUNTY OF KITSAP (hereinafter "County"); and is made and entered into pursuant to the provisions of Chapter 39-34 RCW. WITNESSETH: WHEREAS, Chapter 39-34 RCW (Interlocal Cooperation Act) permits local government units to enter into agreement 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 to provide legal services for the City of Bremerton for Prosecution of municipal criminal complaints and civil infractions. SECTION II. SCOPE OF SERVICES The County will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the City of Bremerton Legal Department and Police Department, as more fully described in the Scope of Work attached hereto and incorporated herein as Exhibit "A". SECTION III. TERM OF AGREEMENT The term of this agreement is June 16, 1997 to June 15, 1999. LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES --1-- ~ro~.Agt - Oi~k t2 - 5/27/97 SECTION IV. TEP/~INATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon four (4) months notice to the other party. SECTION V. PAYMENT The County and City agree that compensation for services rendered under this agreement shall be One Hundred Fifteen Thousand Fifty-three and 08/100 Dollars ($115,053.08) per year for the two year term, to be adjusted for actual labor increases in calendar years 1998 and 1999. The City shall provide office space, furnishings and office equipment for one attorney and one support staff person including copier, fax, telephones and computers, and office supplies necessary to process the prosecution caseload. The prosecution office area will be served by a receptionist shared by the City Attorney civil division and Human Resources, who will direct visitors and calls to the appropriate County staff. SECTION VI. INSURANCE AND HOLD IIP~MLESS Prior to and during the performance of the work covered by this Agreement, County shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least One Million Dollars ($1,000,000.00) aggregate against professional liability or errors and omissions in connection with the work to be performed by County under this Agreement. County shall furnish a certificate of LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -2- ~ros.Agt - Disk 12 - 5/27/97 insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. County agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by a person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of County, its subcontractors, agents successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. SECTION VII. ~ENERAL PROViSiONS (a) This Agreement constitutes the entire agreement between the par'ties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. (b) The parties hereby further agree that the Agreement cannot be amended or modified without the written concurrence of both parties. (c) Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -3- City Clerk Kitsap County Prosecutor 239 Fourth Street Kitsap County Courthouse Bremerton, WA. 98337 614 Division Street Port Orchard, WA. 98366 (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. (f) 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. IN WITNESS WHEREOF, The parties hereto have executed this Agreement to be executed the date and year indicated. CITY OF BREMERTON Date LYNN HORTON, Mayor FORM: IAN R.'~S~EVERS, City Attorney BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON e CHAIRPERSON LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -4- Pros.~ - Disk 12 - 5/27/97 COMMISSIONER ATTEST: AP~ FORM: RUSS~.F. D~UGE, Kitsap County Prosecutor LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -5- Pros. Aqt - Disk 12 - 5/27/97 EXHIBIT SCOPE OF WORK The County will provide the full range of criminal prosecution (i.e., prosecution/case management, legal advisor and special projects as required) to the City's 63 commissioned officers. 1. Municipal Court a. Appearance and preparation for all regularly scheduled monthly calendars as follows: 1) Non-jury trials. 2) Motion calendars. 3) Jury readiness calendars. 4) Contested infractions calendar as needed. 5) Jury trial calendars. 6) Arraignments. 7) Sentencing. 8) Revocation hearings. 9) Motions. b. Miscellaneous 1) Review of cases, making case decisions, and filing complaints. 2) Obtain search and arrest warrants. 3) Telephone or in-person contact with Bremerton Police Department officers. 2. Superior Court a. Appeals (preparation and appearance). 1) Commencing (only after discussion and authorization from City Attorney). 2) Defending. 3. Meetings a. Attend all meetings with the Police Departmen%, City staff or City Council as requested or required to address current issues. b. Prepare memorandum addressing the legal ramifications of courses of action contemplated as part of those meetings. 4. Provide liaison between the Bremerton Police Department and the court system regarding procedures and enforcement. 5. Prepare, review and respond to issues as requested by the Chief of Police or Police Captain. 6. Recommend needed municipal code amendments to city Attorney. EXHIBIT "A" Pros.~ - Ois~ ~2 - 5/27/95 LEGAL SERVICES AGREEMENT Prosecution Services - Extension This agreement is by and between the City of Bremerton, (hereinafter "City") and Kitsap County (hereinafter "County"); and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WITNESSETH: WHEREAS, the parties entered into a two year inter local agreement for prosecution services to be provided to the City by the County on May 30, 1995~ and WHEREAS, the parties wish to extend the terms of the contract until Sunc 15, 1997 to allow final modification and necessary Council and Commission approval of an anticipated two year renewal; NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. Section III. Term of Agreement, is amended to read: The term of this agreement is May 15, 1995 to Sune 15, 1997. 2. All other terms and conditions of the parties May 30, 1997 Legal Services Agreement shall remain in full force and effect unless inconsistent with this agreement. CITY OF BREMERTON Date LYI4/N S. HORTON, Mayor C0 FORM: ity Attorney BOARD OF COUNTY COMMISSIONERS KITSAV Y, W^3tnNatON COMMISSIONER PROSEC.AGR - IRS4 - 5/i 9/97 ~-~- - COMMISSIONER ATTEST: RUSSELL D~UGE, Kitsap County Prosecutor RECEIVED FOR FILIN'G: KATI-ILEEN MeCLUSKEY, CITY (~LERK PROSEC ~.GR - IRS4 - 5/19/97 LEGAL SERVICES AGREEMENT Prosecution Services This Agreement is by and between the CITY OF BREMERTON, (hereinafter referred to as "City") and the COUNTY OF KITSAP (hereinafter "County"); and is made and entered into pursuant to the provisions of Chapter 39-34 RCW. WITN E S SETH: WHEREAS, Chapter 39-34 RCW (Interlocal Cooperation Act) permits local government units to enter into agreement 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 to provide legal services for the City of Bremerton for Prosecution of municipal criminal complaints and civil infractions. SECTION II. SCOPE OF SERVICES The County will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the City of Bremerton Legal Department and Police Department, as more fully described in the Scope of Work attached hereto and incorporated herein as Exhibit "A". SECTION III. TERM OF AGREEMENT The term of this agreement is May /~, 1995 to May /~, LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -1- Pro~.xgt - Disk 12 - t 1997. SECTION IV TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon four (4) months notice to the other party. SECTION V. PAYMENT The County and City agree that compensation for services rendered under this agreement shall be One Hundred Fifteen Fifty-three and 08/100 Dollars ($115,053.08) per year for the initial two year term, to be adjusted for actual labor increases in the calendar years of 1996 and 1997..The City shall provide office space famishing, and use of copier, fax, telephone and furnishings for one attorney and one support staff:person. Additionally, the City and county agree that the City will provide computer systems satisfactory to the County or compensate the County an additional Eight Thousand Seven Hundred Thirty- nine Dollars ($8,739.00) for an initial computer system acquisition, which computer system shall remain the property of the City. Payment of compensation for services hereunder shall be made monthly, at the end of each month in which services are rendered, beg~nmng m May, 1995. -. SECTION VI /iNSURANCE AND HOLD HARMLESS Prior to and during the performance of the work covered by this Agreement, County shall provide the Risk Manager for the City of Bremerton with evidence that it has · obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least One Million Dollars ($1,000,000.00) aggregate against professional liability or errors and omissions in connection with the work to be performed by County under this Agreement. County shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. County agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by a person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of County, its subcontractors, agents successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. SECTION VI 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 party. (b) The parties hereby further agree that the Agreement cannot be amended or modified without the written concurrence of both parties. (c) Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -3- Pr~.~t - Di~ 12 - 5~/~ City Clerk Kitsap County Prosecutor 239 Fourth Street Kitsap County Courthouse Bremerton, WA. 98337 614 Division Street Port Orchard, WA. 98366 (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. (f) 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. IN WITNESS w~EREOF, The parties hereto have executed this Agreement to be executed the date and year indicated. CITY OF BREMERTON ~ED ~O FORM: IAN R. S~EVERS, City Attorney Dat~ ' ~ \\ LE~A~ SERVICES A~REEMENT - PROSEOUTION S~RVICES -4- COMMI S S IONER ATTEST: C~-~RK O~HE BOARD APPROVED AS TO FOP/,{: SELL D. FJ%UGE: Ki~sap County Prosecutor D FOR FILING: KATHL~EN'"L-~. HcCLUSKEY, C~TY C~ERK / LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -5- Pro~.Agt - Disk 12 - EXHIBIT "A" SCOPE OF WORK The County will provide the full range of prosecution (i.e., prosecution/case management, legal advisor and special projects as required) to the City's 63 commissioned officers. 1. Municipal Court a. Appearance and preparation for all regularly scheduled monthly calendars as follows: 1) Non-jury trials. 2) Motion calendars. 3) Jury readiness calendars. 4) Contested infractions calendar as needed. 5) Civil impounds. 6) Jury trial calendars. 7) Arraignments. 8) Sentencing. 9) Revocation hearings. 10) Motions. b. Miscellaneous 1) Review of cases for filing complaints. 2) Unlawful bank checks investigation. 3) Telephone or in-person contact with Bremerton Police Department officers. 4) Special settings. 2. Superior Court a. Appeals (preparation and appearance). 1) Commencing (only after discussion and authorization from City Attorney). 2) Defending. 3. Meetings a. Attend all meetings with the Police Department, City staff or City Council as requested or required to address current issues. b. Prepare memorandum addressing the legal ramifications of courses of action contemplated as part of those meetings. 4. Provide liaison between the Bremerton Police Department and the court system regarding procedures and enforcement. 5. Prepare, review and respond to issues as requested by the Chief of Police or Police Captain. EXHIBIT "A" Pros.Ag~ - Disk 12 - &/25/95 ! ~. LEGAL SERVICES AGREEMENT 7 Prosecution Services This Agreement is by and between the CITY OF BREMERTON, (~' (hereinafter referred to as "City") and the COUNTY OF KITSAP (hereinafter "County"); and is made and entered into pursuant to the provisions of Chapter 39-34 RCW. WITNESS ETH: WHEREAS, Chapter 39-34 RCW (Interlocal Cooperation Act) permits local government units to enter into agreement 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 to provide legal services for the City of Bremerton for Prosecution of municipal criminal complaints and civil infractions. SECTION II. BCOPE OF 8~RVICEB The County will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the City of Bremerton Legal Department and Police Department, as more fully described in the Scope of Work attached hereto and incorporated herein as Exhibit "A". SECTION III. TERM OF AGREEMENT The term of this agreement is May ~ , 1995 to May ~, LEGAL SEIVICES AGREEMENT - PROSECUTION SERVICES -1- Pros.~t - Di~ 1~ - 5~/95 1997. SECTION IV TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon four (4) months notice to the other patty. SECTION V. PAYMENT The County and City agree that compensation for senrices rendered under this agreement ~ be One Hundred Fifteen Fii~y-three and 08/100 Dollars ($115,053.08) per year for the initial two year term, to be adjusted for actual labor increases in the calendar year~ of 1996 and 1997. The City shall provide office space furnishing, and use of copier, fax, telephone and furnishings for one attorney and one support staff person. Additionally, the City and county agree that the City will provide computer systems satisfactory to the County or compensate the County an additional Eight Thousand Seven Hundred Thirty- nine Dollars ($8,739.00) for an initial computer system acquisition, which computer system shall remain the property of the City. Payment of compensation for services hereunder shall be made monthly, at the end of each month in which services are rendered, beginning in May, 1995. SECTION VI INSURANCE AND HOLD HARMLESS Prior to and during the performance of the work covered by this Agreement, County shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least One Million Dollars ($1,000,000.00) aggregate against professional liability or errors and omissions in connection with the work to be performed by County under this Agreement. County shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. County agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by a person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of County, its subcontractors, agents successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. SECTION VI 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 party. (b) The parties hereby further agree that the Agreement cannot be amended or modified without the written concurrence of both parties. (c) Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: LEGAL SEHVICBS AGREEMENT - PROSECUTION SERVICES -3- Prc~.~t-Di~ 12-5~/~ City Clerk Kitsap County Prosecutor 239 Fourth Street Kitsap County Courthouse Bremerton, WA. 98337 614 Division Street Port Orchard, WA. 98366 (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. (f) 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. IN WITNESH WHEREOF, The parties hereto have executed this Agreement to be executed the date and year indicated. CITY OF BREMERTON DAte - LYf(N HORTON, Mayor IAN R~.~IEVERS', City Attorney BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHING/~N e ~L~IR~ERSbN ' ~ LE~%~ EERVI~E~ A~REEI~ENT - PROSECUTION SERVICES -4- COMMISSIO~'ER ATTEST: Ci,]~K~...~ THE BOARD ~ APPROVED AS TO FORM: SSELL D. HAUGE, Kitsap County Prosecutor RECEIVED FOR FILING: Y, ATHLEEN L. NcCLUSI~y, CITY CLERI[ LBGJLL BBRVICB8 AGREEMENT - PROBECUTION SERVICES -5- Pros.~et - Disk 12 - 5/9/95 EXHZBZT SCOPE OF WORK The County will provide the full range of proeecution (i.e., prosecution/case management, legal advisor and special projects as required) to the City's 63 commissioned officers. 1. Municipal Court a. Appearance and preparation for all regularly scheduled monthly calendars as follows: 1) Non-jury trials. 2) Motion calendars. 3) Jury readiness calendars. 4) Contested infractions calendar as needed. 5) Civil impounds. 6) Jury trial calendars. 7) Arraignments. 8) Sentencing. 9) Revocation hearings. 10) Motions. b. Miscellaneous 1) Review of cases for filing complaints. 2) Unlawful bank checks investigation. 3) Telephone or in-person contact with Bremerton Police Department officers. 4) Special settings. 2. Superior Court a. Appeals (preparation and appearance). 1) Commencing (only after discussion and authorization from City Attorney). 2) Defending. 3. Meetings a. Attend all meetings with the Police Department, City staff or City Council as requested or required to address current issues. b. Prepare memorandum addressing the legal ramifications of courses of action contemplated as part of those meetings. 4. Provide liaison between the Bremerton Police Department and the court system regarding procedures and enforcement. 5. Prepare, review and respond to issues as requested by the Chief of Police or Police Captain. EXHIBIT "A" Pros. Agt - Disk 1~ - 4/25/95