HomeMy WebLinkAboutCity of Poulsbo - Interlocal Agreement for Legal Services (Prosecutor) INTERLOCAL AGREEMENT FOR LEGAL SERVICES
Prosecution Services
This Agreement is by and between the City of Port Townsend ("Port Townsend") 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 Port Townsend and Poulsbo to provide each other
with occasional support and back-up prosecution services in the cities' municipal courts.
SECTION II.
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 request,
based on timing and availability of personnel. The parties will in good faith provide services
when able.
SECTION III.
TERM OF AGREEMENT
The term of this Agreement is five (5) years from July 1, 2015.
SECTION IV.
TERMINATION OF AGREEMENT
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.
1 —Agreement for Legal Services
SECTION VI.
INSURANCE AND HOLD HARMLESS
Port Townsend 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 Port Townsend, 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.
Port Townsend 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. Port Townsend
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
Port Townsend 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
party.
(b) The parties acknowledge that the Port Townsend 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:
Port Townsend City Clerk Poulsbo City Clerk
250 Madison St. Suite 2 200 NE Moe Street
Port Townsend, WA 98368 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 Jefferson County, Washington.
(e) The invalidity or unenforceability of any provision hereof shall in no way affect
the validity or enforceability of any other provision.
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(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.
(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 Port Townsend's
Prosecutor 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 PORT TOWNSEND CITY OF POULSBO
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DAVID G. TI MONS Date BECKY E CKSON, MAYOR Date
CITY MANA ER
APPROVED AS TO FORM: APPROVED AS TO FORM:
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STEVE GROSS JAMES HANEY
CITY ATTORNEY CITY ATTORNEY
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