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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. fl 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: S RON CATES, City Attornex,,,,m+«,,,, .q�,ppRT ORe / 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 —41pv#q4— EDWARD E. W FE, Chair CHARLOTTE GARRIDO, Commissioner a ROBER'r GELIAR, Commissioner _�..sS 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