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Home My WebLink About4425 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4425 KITSAP CO PROSECUTOR/BAINBRIDGE/POULSBO/PORT ORCHARD Legal Services - Kitsap Co Health District Legal LEG 12-1 01/01/2004 12/31/2007 02/15/2009 01/01/2009 Termination w/90 days written notice District/KC COPY INTERLOCAL AGREEMENT FOR LEGAL SERVICES This agreement, by and between the Kitsap County Health District (hereafter "District"), and Kitsap County (hereafter "County"), political subdivisions of the State of Washington, WITNESSETH, That: Whereas, the District is a governmental unit constituted pursuant to Chapter 70.46 RCW, and includes Kitsap County and the cities of Bainbridge Island, Bremerton, Port Orchard and Poulsbo; and Whereas, the District requires legal services and desires to obtain them fi.om the Office of the Kitsap County Prosecuting Attorney; and Whereas, the cities of Bainbridge Island, Bremerton, Port Orchard and Poulsbo agree that the County may represent the District throughout the entire county, including areas otherwise within the jurisdiction of the cities; and Whereas, Chapter 39.34 RCW (the Interlocal Cooperation Act) provides that one public agency may enter into an agreement with another public agency for~joint or cooperative action; Now, therefore, in consideration of the tel.-ms and conditions contained herein, the District and County agree as follows: I. PURPOSE. The purpose of this Agreement is to provide legal services to the District. II. SCOPE OF SERVICES. The County, through the Office of the Prosecuting Attorney, will provide full legal services to the District, as more fully described in Exhibit A, "Scope of Services", attached hereto, except as follows: A. When legal services are available to the District through its insurance pool; B. When a conflict of interest exists between the District and the County which, in accordance with the Rules of Professional Conduct governing attorneys in Washington State, either has not been waived by both the District and the County following full disclosure, or cannot be waived despite full disclosure; C. when both the County and the District agree that a legal matter should be sent to outside counsel due to the need for specialized expertise or otherwise; or D. Negotiations for collective bargaining, although the County agrees to provide legal advice regarding collective bargaining matters as required. P~el The District agrees to notify its insurance pool of claims as required by the pool. If a conflict of interest arises which requires outside counsel, or if the County and the District agree on the need for outside counsel, the County agrees to work with the District to secure appropriate representation and provide for a smooth transition to alternative counsel. III. TERM. The term of this Agreement is January 1, 2004 through December 31, 2007. IV. COMPENSATION AND PAYMENT. Compensation for legal services rendered under this Agreement shall be Seventy-Six Thousand, Six Hunderd Forty-Nine Dollars and Sixty-Two Cents ($76,649.62) per year, together with an adjustment for any actual increase in labor costs during the term of the contract. The District shall also reimburse the Prosecuting Attomey's Office for the actual charges for computer-assisted legal research attributable to Health District matters. Payment for services and reimbursement for computer-assisted legal research charges shall be made at the end of each quarter of the calendar year, to the Office of the Kitsap County Prosecuting Attorney, 614 Division Street, MS-35, Port Orchard, Washington, 98366. V. STATEMENT OF SERVICES. The County will submit to the District at the end of each quarter of the calendar year, an itemized statement of legal services rendered and computer- assisted legal research charges incurred on behalf of the District during the quarter. VI. TERMINATION. This Agreement may be terminated by either party, with or without cause, upon 90 days written notice to the other party. In the event of termination, payment to the County for the quarter in which the termination is effective shall be prorated to the end of the month in which termination takes effect. VII. ADMINISTRATION. For the purposes of RCW 39.34.030(4)(a), this Agreement shall be administered by the Director of the Kitsap County Health District and the Kitsap County Prosecuting Attorney. A. The District's coordinating contact shall be Scott Lindquist, M.D., Director of Health. B. The County's coordinating contact shall be the Civil Division Chief in the Prosecuting Attorney's Office. VIII. INTEGRATION AND AMENDMENT. This contract contains all the terms and conditions agreed upon by the parties concerning the subject matter of this Agreement. It may be amended or modified only upon the written agreement of the parties exercised in the same manner as that required for execution of the original Agreement. IX. WAIVER. The failure of either party to exemise any rights or remedies under this Agreement for any breach shall not constitute a continuing waiver of any obligation, and shall not prevent either party from pursuing any such rights or remedies for any succeeding breach. Page 2 X. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with and shall be governed by the lfiws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be in Kitsap County Superior Court. XI. RECORDING. This Agreement shall be recorded with the Kitsap County Auditor. XII. COUNTERPARTS. This Agreement may be executed in two or more counterparts, and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same Agreement. XIII. SEVERABILITY. In the event that any term or condition of this Agreement, or the application thereof to any person or circumstances, is held invalid, the invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year indicated below. KITS~ING ATTORNEY RUSSEEL ~JGE Date COUNTY HEALTH DISTRICT SCOTT LINDQUIST, M.D. Date Director of Health Dated this lt.~ dayof A~}I' i ~ ,200~. BOARD OF COUNTY COMMISSIONERS A TTEST:,t~ ENDRESEN, Cornmi~sioner Clerk of the Board PATTY LE, N~~ Page 3 Dated this / / day of ,2004. /! Cit~/f Bainbridge Island, Washington Darlene Kordono~y Mayor Dated this day of ,2004. City of Bremerton, Washington Cary Bozeman Mayor Dated this day of · 2004.' City of Port Orchard, Washington Kim Abel Mayor Dated this day of ,2004. City of Poulsbo, Washington Donna Jean Brace Mayor Page 4 Dated this __ day of ,2004. City of Bainbridge Island, Washington Darlene Kordon0wy Mayor Dated this __ day of ,2004. Cary Bozon{an ~ Mayor Dated this day of ,2004. City of Port Orchard, Washington Kim Abel Mayor Dated this day of ,2004. City of Poulsbo, Washington Donna Jean Bruce Mayor Page 4 Dated this day of ,2004. City of Bainbridge Island, Washington Darlene Kordonowy Mayor Dated this __ day of ,2004. City of Bremerton, Washington Cary Bozeman Mayor Dated this I~L~ day of '~ ,2004. City of Port Orchard, Washington Mayor Dated tb./s __. day of ,2004. City of Poulsbo, Washington Donna Jean Brace Mayor Page 4 Dated this day of ,2004. City of Bainbridge Island, Washington Darlene Kordonowy Mayor Dated this day of ,2004. City of Bremerton, Washington Cary Bozeman Mayor Dated this day of ,2004. City of Port Orchard, Washington Klm Abel Mayor Dated this c[~J~ day of Oho r'C.~\ ,2004. City of Poulsbo, Washington Donna~an Bruce Mayor Page 4 EXI-IIBIT "A" TO 1NTERLOCAL AGREEMENT FOR LEGAL SERVICES SCOPE OF SERVICES The County will provide the District with a full range of legal services, with the exceptions set forth in the body of the Agreement, including the following: 1. Provide legal consultation services, including telephone and office consultation and written opinion memos on all Health District issues; 2. Review and redraft administrative regulations and policies, including the District's personnel manual; 3. Review and redraft contracts; 4. Review and redraft resolutions and ordinances; 5. Represent the District in actions to enforce District regulations throughout the entire county, including areas other~vise within the jurisdiction of the cities; 6. Evaluate claims filed with the District; 7. File a Notice of Appearance and, if necessary, an answer in all lawsuits filed against the District; and 8. Represent the District in litigation before administrative tribunals and state and federal courts other than litigation which the Dislrict may, in accordance with its insurance polices, tender to other counsel. \~dTl0\VOLlklata~civiI~L,NElP\AdministrativeXlIealth District Contract,doc Page 5