009-19 - Kitsap County Prosecuting Attorney - ContractKC-003-19
LEGAL SERVICES AGREEMENT
Prosecution Services
This Agreement (this "Agreement") is entered into between the City of Port Orchard (the
"City") and the Kitsap County Prosecuting Attorney (the "Prosecutor") pursuant to the
provisions of Chapter 39.34 RCW (Interlocal Cooperation Act).
WHEREAS, the Interlocal Cooperation Act permits local governmental units to make the
most efficient use of their powers by enabling them to cooperate with 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 communities; and
WHEREAS, the City and the Prosecutor 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 Prosecutor to provide legal services for the City
for prosecution of municipal criminal complaints and civil infractions.
Section II
SERVICES
The Prosecutor will provide the full range of prosecution services (i.e., prosecution/case
management, legal advisor and special projects as required) to the Police Department of the City
as more fully described in Exhibit A: Scope of Work, which is incorporated herein.
Section III
TERM OF AGREEMENT
The term of this Agreement is January 1, 2019 through December 31, 2020.
Section IV
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon four
months' advance written notice to the other party.
Section V
COMPENSATION
The City and the Prosecutor agree that compensation for services rendered under this
Agreement shall be at an annual cost of $112,948.00 beginning on January 1, 2019 and shall be
paid in equal monthly installments. The compensation shall be reviewed during the budget
process each year by the City Council and, with the agreement of both parties, may be renewed
for an additional budget year. Commending January 1, 2020, and each succeeding year
thereafter that this Agreement remains in effect, compensation shall be adjusted for the coming
year based on changes in the Base Starting Rate paid by the Prosecutor to a DPA I, Step I and
Legal Assistant, Step 1, As described in Exhibit B - Compensation, "2019 Prosecution Contract -
Base Starting Rate," which is incorporated herein. In no event, however, shall the changes in
Base Salary exceed the percentage increase in the Consumer Price Index -Urban (CPI-U) for
Seattle/Tacoma as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the
immediately preceding calendar year. Upon Approval by the City Council and with the
agreement of the Prosecutor, a written confirmation of budget shall be attached as an addendum
to this Agreement and serve as an amendment to this section
Section VI
OFFICE FACILITIES
The City will provide office space, furnishings, and office equipment for one attorney
and one support staff member of the Prosecutor.
Section VII
INSURANCE AND HOLD HARMLESS
A. Insurance
Prior to and during the performance of the work covered by this Agreement, the
Prosecutor shall provide the Risk Manager for the Council 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
$1,000,000 for professional liability or errors and omissions in connection with the work to be
performed by the Prosecutor under this Agreement. The Prosecutor shall furnish a certificate of
insurance to the City for review by The City's Risk Manager. The Risk Manager shall be
provided 30 days' written notice of any cancellation of such professional liability insurance.
B. Indemnification
Each party agrees to defend and indemnify the other party and its elected and appointed
officials, officers, employees and agents against all claims, losses, damages, suits and expenses,
including reasonable attorneys' fees and costs, to the extent they arise out of the negligence or
willful misconduct of the indemnitor or its elected or appointed officials, officers, employees and
agents in connection with this Agreement. The indemnitor's duty to defend and indemnify
extends to claims by the elected or appointed officials, officers, employees or agents of the
indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington 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 VIII
GENERAL PROVISIONS
A. Integration. This Agreement constitutes the entire agreement between the parties.
No other understandings or representations, oral or written, regarding the subject matter of this
Agreement will be deemed to exist or bind the parties.
B. Amendments. Except as provided in Section V (relating to changes in
compensation), this Agreement may be modified or amended only by a writing duly executed by
authorized representatives of both parties.
C. Coverage. The City contracts with the Prosecutor for prosecution assistance on
an annual basis. The Prosecutor shall be responsible for providing backup and coverage in the
event of any absence or conflict at costs within the annual budget. Such backup and coverage
shall be provided only by duly appointed deputy prosecuting attorneys.
D. Notices. Any notices required or permitted to be given under this Agreement
shall be in writing and addressed as follows:
If to the City:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
With a copy to:
City Attorney
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
If to the Prosecutor:
Kitsap County Prosecuting Attorney
614 Division Street, MS-35
Port Orchard, WA 98366
E. Files. All files and other documents maintained by the Prosecutor shall be the
files of the City and accessible by the City through its City Attorney or other duly authorized
representative during normal business hours. At the request of the City, any and all files
maintained by the Prosecutor shall be tendered to the City.
E. Independent Contractor. Prosecutor and assistant(s) are professionals acting
without direct supervision and are independent contractors. Prosecutor waives any claim in the
nature of a tax, charge, cost or employee benefit which would attach if Prosecutor or assistant(s)
were held to be employees of the City.
G. Non -Discrimination. Prosecutor 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, disability, veteran's status or other
circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide
occupational qualification. Prosecutor 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 by the City, in whole or in part, any may result in ineligibility for further work from
City.
H. Governing Law; Venue. 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 only in the Superior Court of Kitsap County, Washington.
I. Severability. The invalidity or unenforceability of any provision in this
Agreement shall not affect the validity or enforceability of any other provisions that can be given
effect without the offending provision.
J. No Waiver. 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.
K. Administration. This Agreement will be jointly administered by the City and the
Prosecutor. This Agreement does not create any separate legal or administrative entity.
L. Financing Budget. This Agreement does not contemplate joint financing of the
activities within its scope, nor does it contemplate a joint budget.
M. Property Acquisition and Disposition. This Agreement does not contemplate the
joint acquisition of property by the parties. At termination, each party will remain the sole owner
of its own property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date stated above.
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DATED this, day of. , 2019. DATED this _6� day of , 2019.
CITY OF PORT ORCHARD
ROBERT PU AANSUU, Mayor
KITSAP COUNTY PROSECUTING
ATTORNEY
CHAD M. ENRIGHT, Prosecuting Attorney
APPROVED AS TO FORM:
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ATTEST:�oaP
BRANDY AINEAlSO�l, CMCXi O'derk
ATTEST:
A DANIELS, Clerk of the
DATED this V day of , 2019.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
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EDWARD E. W FE, Chair
CHARLOTTE GARRIDO, Commissioner
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ROBER'r GELIAR, Commissioner
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EXHIBIT A
EXHIBIT A: SCOPE OF WORK
The Prosecutor 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.
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 calendars, including administrative hearings and traffic
hearings, but only in cases where a Notice of Appearance has been filed by a
licensed attorney and/or as otherwise agreed by the parties
5. Jury trial calendars
6. Arraignments
7. Sentencings
8. Revocation hearings
9. Motions
IO.Preliminary hearings (probable cause)
I Lln-Custody hearings
B. Miscellaneous:
1. Review cases, make decisions and file complaints
2. Obtain search and arrest warrants
3. Day-to-day advice, as needed, by telephone or in -person contact with City
Police Department officers
II. SUPERIOR COURT
Appeals (preparation and appearance):
1. Commencing (only after discussion and authorization from City Attorney)
2. Defending
III. MEETINGS
A. Attend All Meetings with Police Department, City staff or City Council as Requested
or Required to Address Current Issues
B. Prepare Memoranda Addressing Legal Ramifications of Courses of Action
Contemplated as Part of Those Meetings
IV. PROVIDE LIAISON BETWEEN CITY POLICE DEPARTMENT AND COURT
SYSTEM REGARDING PROCEDURES AND ENFORCEMENT
V. PREPARE, REVIEW AND RESPOND TO ISSUES AS REQUESTED BY CITY
ATTORNEY, CHIEF OF POLICE OR DEPUTY CHIEF OF POLICE
VI. RECOMMEND NEEDED MUNICIPAL CODE AMENDMENTS TO CITY
ATTORNEY
VII. PROVIDE QUARTERLY REPORTS TO CITY AND CITY ATTORNEY'S OFFICE
IDENTIFYING TOTAL CASE FILINGS AND CASE DISPOSITIONS
EXHIBIT B
2019 Prosecution Contract - Base Starting Rate
DPA I, Step I $ 64,147 2018 Rates
Q01 $ - 2019 COLA 0.00%
$ 64,147 2018 Base Salary
$ 4,907 Social Security 7.65% _
$ 8,259 Retirement 12.88%
$ 857 Workers Compensation
$ 13,052 County Benefit Bucket
$ 91,222
Legal Assistant, Step I $
_ 42,536 12018 Rates
AB1 $
-
2019 COLA 0.00%
$
42,536
2018 Base Salary
$
3,254
Social Security 7.65%
_
$
5,477
Retirement 12.88%
_
$
857
Workers Compensation
$
13,052
County Benefit Bucket
$
65,176
$
21,725
One -Third Cost
$ 112,948 Base Contract Amount
Kitsap County Prosecuting Attorney
Chad M. Enright
CIVIL DIVISION
lone George Jacqueline Aufderheide Carol Maves
Chief of Staff Civil Division Chief Office Administrator
RECEIVED
TRANSMITTAL MEMO FEB 0 1 2019
City Clerk CITY OF PORT ORCHARD
TO: City of Port Orchard
CITY CLERKS OFFICE
216 Prospect Street
Port Orchard, WA 98366
FROM: Laurie Hughes, Legal Assistant — Kitsap County Prosecutor's Office
SUBJECT: 2019 City of Port Orchard Contract — KC-003-19
DATE: January 30, 2019
Good morning,
Attached please find an executed original of the 2019 City of Port Orchard Contract (KC-003-
19) with Kitsap County for prosecution legal services for your file.
Th you.
r
Enclosure(s)
cc: City Attorney, City of Port Orchard
file
614 Division Street, MS-35A • Port Orchard, WA 98366 • (360) 337-4992 • FAX (360) 337-7083
Kitsapgov.com/pros 9 kcpa@co.kitsap.wa.us