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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, 4aternn-County Administrator
From: Monte Reinders, P.E. )1 -
Public Works Director/County Engineer
Agenda Date: April 11, 2022
Subject: Professional Services Agreement with Kostelec Law Office
for On -Call Right -of -Way Related Professional Services
Statement of Issue: Professional Services Agreement with Colette Kostelec, of
Kostelec Law Office, Port Townsend, WA, to provide on -call right-of-way related
professional services.
Analysis/Strategic Goals/Pro's It Con's: This agreement for on -call right-of-way
related professional services will facilitate all facets of Public Works management of
the County right-of-way. Temporarily meeting the Department's ongoing right-of-way
needs with consultant services will help address the ongoing staffing shortage.
Fiscal Impact/Cost Benefit Analysis: This agreement has a maximum payable amount
of $9,900. Funding for these services will vary on a case by case basis. Work
associated with Capital Projects is typically reimbursable at the applicable grant
percentage.
Recommendation: The Board is asked to approve and execute three (3) originals of
the Professional Services Agreement with Kostelec Law Office where indicated and
return two (2) signed originals to Public Works (Attn: Eric Kuzma).
Department Contact: Eric Kuzma, 385-9167
Reviewed By:
-5
Mark McCa l y, County d 'nistrator Date
PROFESSIONAL SERVICES AGREEMENT FOR
ROAD RIGHT OF WAY RELATED ON CALL
PROFESSIONAL SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and
Kostelec Law Office ("the Consultant"), in consideration of the
mutual benefits, terms, and conditions specified below.
Project Designation. The Consultant is retained by the County to Perform on -call
County Road right-of-way related professional services including, but not limited to, Property
Acquisition. Road VacationsQuiet Title Review Research Franchises Permits/Licenses.
Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor.
3. Time for Performance. Work under this Agreement shall commence upon the giving of
written notice by the County to the Consultant to proceed. The Consultant receipt of a
Purchase Order shall constitute said notice. Consultant shall perform all services and
provide all work product required pursuant to this Agreement on the dates listed on
Exhibit "A". Time is of the essence in the performance of this Agreement.
4. Payment, The Consultant shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on
Exhibit `B" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $ 9,900 without express written modification
of this Agreement signed by the County.
b. The Consultant may submit invoices to the County once per month during the
progress of the work for partial payment for project completed to date. Such
vouchers will be checked by the County, and upon approval thereof, payment will
be made to the Consultant in the amount approved. Payment of Consultant
invoices shall be within 30 days of receipt by the County for any services not in
dispute based on the terms of this Agreement.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work under this Agreement and its acceptance by the
County.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
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C. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the County and state for a period of
three (3) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications, and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the County whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors.
6. Compliance with laws_ Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant and the County, its officers, officials, employees,
agents and volunteers (and their marital communities) the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the
Consultant's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Consultant'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.
8. Insurance. Prior to commencing work, the Consultant shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Consultant's performance of his Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired
automobiles; and, (3) Non -owned automobiles.
Commercial General Liability Insurance in an amount not less than a single limit of
$500,000 per occurrence and an aggregate of not less than two (2) times the occurrence
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amount ($1,000,000.00 minimum) for bodily injury, including death and property
damage, unless a greater amount is specified in the contract specifications.
The commercial general liability insurance coverage shall contain no limitations on the
scope of the protection provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
Broad Form Contractual/Commercial Liability — including coverage for products
and completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
The County shall be named as an "additional named insured" under all insurance policies
required by this Agreement, except Professional Liability Insurance when not allowed by
the insurer, and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the County.
Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit
from a qualified financial institution.
The Consultant shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a) The limits of overage; (b) The project name to
which it applies; (c) The certificate holder as Jefferson County, Washington and its
elected officials, officers, and employees with the address of Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the
insurance policy shall not be canceled or allowed to expire except on thirty (30) days
prior written notice to the County. If the proof of insurance or certificate indicating the
County is an "additional insured" to a policy obtained by the Consultant refers to an
endorsement (by number or name) but does not provide the full text of that endorsement,
then it shall be the obligation of the Consultant to obtain the full text of that endorsement
and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this
Agreement.
Failure of the Consultant to take out or maintain any required insurance shall not relieve
the Consultant from any liability under this Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
The Consultant's insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies, with the exception of Professional Liability
Insurance, so affected shall protect all the parties and shall be primary coverage for all
losses covered by the above described insurance.
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Insurance companies issuing the Consultant's insurance policy or policies shall have no
recourse against the County (including its employees and other agents and agencies) for
payment of any premiums or for assessments under any form of insurance policy.
All deductibles in the Consultant's insurance policies shall be assumed by and be at the
sole risk of the Consultant.
Any deductibles or self -insured retention shall be declared to and approved by the County
prior to the approval of this Agreement by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self -insured retention, or the Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from payment due,
or to become due, to the Consultant until the Consultant shall furnish additional security
covering such judgment as may be determined by the County.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any
insurance policy the Consultant shall provide to comply with this Agreement.
The County may, upon the Consultant's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to the Consultant.
The Consultant shall provide a copy of all insurance policies specified in this Agreement
Written notice of cancellation or change in the Consultant's insurance required by this
Agreement shall reference the project name and agreement number and shall be mailed to
the County at the following address: Jefferson County Risk Management, P.O. Box
1220, Port Townsend, WA 98368.
The Consultant's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees, and agents.
Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers, officials, employees, or agents.
The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
The Consultant shall include all subconsultants as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subconsultants. All
insurance coverage for subconsultants shall be subject to all the requirements stated in
this Agreement.
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The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on
indemnification.
The Consultant shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies, and
endorsements expiring before completion of services shall be promptly replaced. All the
insurance policies required by this Agreement shall provide that thirty (30) days prior to
cancellation, suspension, reduction or material change in the policy, notice of same shall
be given to the County Risk Manager by registered mail, return receipt requested.
The Consultant shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the
exception that excess and umbrella coverage used to meet the requirements for limits of
liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the
State of Washington.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
9. Worker's Compensation Industrial Insurance).
If and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor, partners,
owners or shareholders of the Consultant, the Consultant shall maintain workers'
compensation insurance at its own expense, as required by Title 51 RCW, for the term of
this Agreement and shall provide evidence of coverage to Jefferson County Risk
Management, upon request.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with
limits meeting all applicable state and federal laws.
This coverage shall extend to any subconsultant that does not have their own worker's
compensation and employer's liability insurance.
The Consultant expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit
act, or other employee benefit act of any jurisdiction which would otherwise be
applicable in the case of such claim.
If the County incurs any costs to enforce the provisions of this subsection, all cost and
fees shall be recoverable from the Consultant.
10. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Consultant specifically has the right to direct and control Consultant's own activities,
and the activities of its subconsultants, employees, agents, and representatives, in
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providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
The County shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Consultant, or any
employee of Consultant.
11. Subcontracting Requirements. The Consultant is responsible for meeting all terms and
conditions of this Agreement including standards of service, quality of materials and
workmanship, costs, and schedules. Failure of a subconsultant to perform is no defense
to a breach of this Agreement. The Consultant assumes responsibility for and all liability
for the actions and quality of services performed by any subconsultant.
Every subconsultant must agree in writing to follow every term of this Agreement. The
Consultant must provide every subconsultant's written agreement to follow every term of
this Agreement before the subconsultant can perform any services under this Agreement.
The County Engineer or their designee must approve any proposed subconsultants in
writing.
Any dispute arising between the Consultant and any subconsultants or between
subconsultants must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Consultant's performance required by this
Agreement.
12. Covenant Against C_ontingcnt Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the County shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
13. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex, or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
14. No Assignment. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the County. Assignment does not
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include printing or other customary reimbursable expenses that may be provided in an
agreement.
15. Non -Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
16. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the Consultant.
b. In the event of the death of a member, partner, or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the Consultant
and the County, if the County so chooses.
17. Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand -delivered,
sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time. Notices to the County shall be sent to the following address:
Jefferson County Public Works
623 Sheridan Street
Port Townsend, WA 98368
Notices to Consultant shall be sent to the following address:
P.O. Box 1868
Port Townsend, WA 98368
18. Inte rag ted Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated Agreement between the County and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
representation or promise not expressly contained in this Agreement has been made. This
Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, by the County within the scope of
this Agreement. The Consultant ratifies and adopts all statements, representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
material submitted by the Consultant, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
19. Modification of this Au"ment. This Agreement may be amended only by written
instrument signed by both County and Consultant.
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20. Disputes., The Parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days to
the Director of Public Works or County Engineer, whose decision in the matter shall be
final, but shall be subject to judicial review. If either party deem it necessary to institute
legal action or proceeding to enforce any right or obligation under this Agreement, each
party in such action shall bear the cost of its own attorney's fees and court costs. Any
legal action shall be initiated in the Superior Court of the State of Washington for
Jefferson County. The parties agree that all questions shall be resolved by application of
Washington law and that the parties have the right of appeal from such decisions of the
Superior Court in accordance with the laws of the State of Washington. The Consultant
hereby consents to the personal jurisdiction of the Superior Court of the State of
Washington for Jefferson County.
22. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach
by either party, whether express or implied, shall constitute a consent to, waiver of, or
excuse of any other, different, or subsequent breach by either party.
24. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
25. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
26. Binding on Successors, Heirs and Assi ngns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
27. No Assignment. The Consultant shall not sell, assign, or transfer any of rights obtained
by this Agreement without the express written consent of the County.
28. No Third -party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
29. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect
as if all the parties had signed the original.
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30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. Arms -Length Ncgotiations. The parties agree that this Agreement has been negotiated at
arms -length, with the assistance and advice of competent, independent legal counsel.
32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio, paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, as may hereafter be amended, the Consultant agrees to
maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law. The
Consultant further agrees that upon receipt of any written public record request,
Consultant shall, within two business days, notify the County by providing a copy of the
request per the notice provisions of this Agreement.
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DATED this day of
Kostelec Law Office
Name of Consultant
Colette Kostelec
Consultant Representative (Please print)
(Signature)
j"p—(
Title
3 I28 2,c) L2--
Date
. 20
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, District I
Heidi Eisenhour, District 2
Greg Brotherton, District 3
Approved as to form only:
PRE -APPROVED CONTRACT' I'ORM
Philip C. Hunsucker Date
Chief Civil securing Attorney
Mon i ei . E. Date
Public Works Director/County Engineer
Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 10 of 10
Exhibit A
The Consultant will complete right-of-way activities for the Department on an on -call basis,
including but not limited to, acquisition, sale, disposal or transfer of real property for County
road projects and other public projects in compliance with Federal, State and County
regulations. Services will be provided at a rate of $150.00 per hour, with a total contract
amount not to exceed $9,900.
The Consultant's duties and responsibilities may include;
• Performing research and prepare legal documents such as deeds, leases, permits, easements,
contracts, right of way agreements, legal descriptions, and maps for County owned property or
property to be acquired.
Performing research on existing ownership, zoning, restrictions, easements, and encumbrances
to ascertain whether additional right of way is needed. Reviewing right-of-way maps,
Commissioners' records, plat books, engineers' reports and other records or materials. Making
or acquiring title searches. Providing research assistance to the public and other government
entities.
• Performing research and assimilating data for fair market value determination, land estimates,
land acquisition and easement issues.
■ Working with land surveyors and project managers to develop right-of-way plans for road
construction projects. Ensuring plans are developed in accordance with industry standards and
WSDOT requirements.
• Negotiating with land owners on right of way acquisitions, easements, land purchases, and other
real property matters.
• Advising land owners of project impacts and their rights under law, acquiring real property,
easements, and construction permits in conformance with applicable regulations. Coordinating
relocation assistance for individuals affected by county projects when required.
• Arranging for maintenance, protection, sale and removal of buildings within acquired right-of-
way.
■ Managing the selection, coordination and monitoring of consultants providing title review and
real property appraisal. Working with consultants to have property appraised, appraisal review,
or contract negotiations for land and right-of-way acquisition. Managing the appraisal process,
including negotiating contracts, determining value, process approval and payments.
• Requesting determination of value, administrative settlements, and process request approvals
and payment. Preparing true cost estimates and Project Funding Estimates (PFEs) as needed.
Page 112
• Inspecting property to be acquired, contacting property owners and obtaining permission for a
variety of County activities, such as right-of-way staking or temporary construction permits.
+ Preparing right-of-way analysis, endorsement certificates, coordinates relocation plans and
provides required checklists on projects that require right-of-way acquisition and certification.
• Preparing thorough and timely analysis, recommendations and technical reports which can serve
as the basis for sound decisions by the Public Works Department.
• Administering condemnation processes including documentation of parcels for condemnation.
Files reports with Prosecuting Attorney for public use and necessity hearing. Representing the
County as part of the foreclosure and condemnation legal process.
+ Providing the Department representation regarding right-of-way related issues on various
committees with other agencies, and before the Board of County Commissioners and the general
public.
■ Preparing and reviewing exhibits and documents for presentation to court, community
organizations, elected officials and the general public. Represents the Department's position at
public meetings as required.
• Representing the County in real property matters. Investigating and processing damage claims
related to county property.
■ Completing all activities associated with county road vacations. Performing steps necessary to
dispose of surplus county property.
• Coordinating the county road establishment process. Reviewing subdivision applications to
determine whether additional right-of-way is needed. Preparing recommendations and working
with applicants to secure right-of-way as needed.
• Leading process and completing steps related to the formation of Road Improvement Districts
(RID) and Local Improvement Districts (LID). Preparing ordinances and attending related
public meetings and hearings.
• Creating, negotiating, and coordinating utility franchise agreements for location of utilities in
county road right-of-way. Working with engineering staff to coordinate utility relocations for
public projects.
Page 212
APPOINTMENT AND OATH OF
SPECIAL DEPUTY PROSECUTING ATTORNEY
Section 1 Appointment
Under the terms below, 1, James Kennedy, Prosecuting Attorney for Jefferson County, State of
Washington, under RCW 36.27.040, do hereby appoint Colette M. Kostelec of the Kostelec Law
Office ("you"), WSBA No. 37151 special deputy prosecuting attorney for Jefferson County for
the "matter" described below. This appointment is subject to these limitations:
(a) The Chief Civil Deputy Prosecuting Attorney, or in his absence, the Civil Prosecuting
Attorney or in their absence, the Prosecuting Attorney must approve any project that
involves legal work before the initiation of any work on the project;
(b) No defense of the County or any of its officers, officials, employees, agents or volunteers
(or their marital communities) before any arbitrator, court, mediator, or public agency is
authorized;
(c) No prosecution of any affirmative claims on behalf the County or any of its officers,
officials, employees, agents or volunteers (or their marital communities) before any
arbitrator, court, mediator, or public agency is authorized; and,
(d) You are not authorized to enterer into any contract for the County without prior discussion
with and approval by the Prosecuting Attorney or the Chief Civil Deputy Prosecuting
Attorney, the Public Works Director, the Risk Manager, and the Board of County
Commissioners.
Section 2 Matter
The "matter" is assisting the Jefferson County Department of Public Works for on -call County
road right-of-way related professional services, including but not limited to property acquisition,
road vacations, quiet title review, research, and preparation of easements, franchises, licenses, and
permits, more particularly described in the Professional Services Agreement f'or Road Right of
Way Related on Call Professional Services and listed in its scope of work (Exhibit A).
Section 3 Effective Dates
Your appointment is effective on the date the Professional Services Agreement for Road Right of
Way Related on Call Professional Services is approved by the Jefferson County Board of County
Commissioners,
Section 4 Term of this Appointment
The term of this appointment is from the effective date to commencement of full-time employment
with Jefferson County in its Public Works Department, or 120 days from the effective date,
whichever is earlier.
Section 5 Nature of the Relationship
Day-to-day, your work will be overseen by the Director of the Public Works Department or
delegee.
The County relies on you to be candid and responsive. Please inform the Director of Public Works
and the Chief Civil Deputy Prosecuting Attorney immediately of any change of circumstance
affecting your representation of the County or the County's ability to contact you. Both the County
and you must respond promptly and completely to inquiries and requests so you can represent the
County effectively,
Section ! Termination
The Prosecuting Attorney may terminate this appointment at any time and for any reason.
Section 7 Conflicts of Interest
By signing this appointment, you are confirming that you have determined that you have no
conflict of interest in representing Jefferson County in the matter, along with its current, former,
or future employees, officers, agents, elected and appointed officials and volunteers and their
marital communities in a joint representation.
In addition, the County expects you to be free of any conflict of interest and the appearance of any
conflict of interest during your representation of the County. The County recognizes that a conflict
of interest may arise, and the County will consider waiving a conflict of interest when the County's
interests are not impaired or compromised. If any ethical or business conflict arise you will contact
the Prosecuting Attorney or Chief Civil Deputy Prosecuting Attorney immediately.
At the conclusion of the matter, the County will no longer be considered a current client. As a
former client, the County expects that you will not represent another person in the same or a
substantially related matter if that client's interests are adverse to the County's interests unless the
County has consented in writing to the representation after consultation and full disclosure of
material facts. The County also expects that you will preserve appropriately the confidentiality of
the County's information and secrets.
Without the County's prior written consent, you will not represent a client adverse to the County
in a different matter if you have obtained confidences or secrets from the County material to the
matter. The County's consent shall not be unreasonably withheld.
Section 8 Records Retention
You will maintain records related to the scope of your representation of the County during the
pendency of the matter. Records include your files and related electronic documentation, including
e-mails. Records (including materials provided by the County to you and all electronic
documentation) relating to the matter will be destroyed according to your policies unless the
County requests they be returned. Your files include, for example, firm administrative records,
time and expense reports, personnel and staffing materials, credit and accounting records, internal
lawyers' work product such as drafts, notes, internal memoranda, and legal and factual research,
2
including investigative reports, prepared by or for the internal use of lawyers. After the matter is
closed, you may satisfy the requirements of this section by transmitting all non -transitory records
to the County.
Section 9 Attorney -Client Privilege
You and any staff working at your direction must maintain confidentiality. The attorney -client
privilege protects communications between you and the County, whether oral or written, as long
as neither discloses those communications to anyone else. Privileged communications cannot be
disclosed or used in court without the County's consent. The County expects you to preserve the
privilege and confidentiality of communications between you and the County. Because disputes
can arise as to whether certain communications are privileged, if you have questions regarding
what you can do, please discuss this with the Chief Civil Deputy Prosecuting Attorney.
Section 10 Errors and Omissions Insurance
Besides the insurance required by the Professional Services Agreement for Road Right of Way
Related on Call Professional Services, you will have in effect professional liability insurance
("errors and omissions") that provides coverage for errors and omissions by you for the matter that
has limits in the full amount customarily carried by you. This errors and omissions insurance will
be primary if any allegation is made of professional malpractice arising from your representation
of the County. You will place such insurance with insurers licensed to do business in the State of
Washington and have A.M. Best Company ratings of no less than A-VII, with the exception that
excess and umbrella coverage used to meet the requirements for limits of liability or gaps in
coverage need not be placed with insurers or reinsurers licensed in the State of Washington.
Written notice of cancellation or change in errors and omissions insurance will be provided by you
to County at the following address:
County Risk Manager
Jefferson County
P.O. Box 1220
Port Townsend, WA 98368
Section 11 Authority Granted
Subject to the limitations in this appointment, I further give Colette M. Kostelec, the said special
deputy prosecuting attorney, full power and authority to do and act in my name the same as I would
in law be empowered to do if personally present for the express purpose of fulfilling the obligations
under this appointment.
Section 12 Filing with the County Auditor
This appointment shall be tiled with the County Auditor after it is signed by the Prosecuting
Attorney.
(SIGNATURES FOLLOW ON NEXT PAGE)
DATED AND SIGNED this 21 day of 40-1 cL`, 2022.
J ► ics Kennedy, ' WSl3A #45329
I' secuting A orncy' for Jefferson County
I, Colette M. Kostelec, do solemnly swear tha I will supl )rt thy. Constitution and laws of the
United States and the Constitution and laws of the State of sll.ngton. and that I will faithfully
and impartially perform and discharge my duties as a special C el)uty prosecuting attorney for
Jefferson County, Washington, to the best of my ability.
Colette M. Kostelec, WSBA No. 37151,
Special Deputy Prosecuting Attorney
SIMSC RII31:1) AND SWORN to belbre me this iay of ` . 2022.
SH'4 b��
s = ot+ +or4+E+.4�y NO" I 1' JI31.IC in and for the State of
N % `21034998 a' Washington
0.27 .201 � p=
G
� My appointment expires:
III !'11 t1WA HAN'
4
652671 PGS:S OATH
031?5f2022 02:25 Pf1 $0 fl0 JEPFERSON COUNTY PROSECUTING ATTORNEY
Jef arson Covnty WA Auditor"s Office - Roso Ann CarrolL, Auditor
RETURN ADDRESS 1111
M1F.Ar,104 W10.:1911F Arh, MOOK114,11111
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Please print neatly or type information
DOCUMENT TITLE
QC-, ,.1 04-
REFERENCE NUMBERS (S) OF -RELATED DOCUMENTS
GRANTOR (S) (Last, First and Middle Initial)
GRANTEE (S) (Last, First and Middle Initial)
Additional Reference #'s on page
Additional grantor on page
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LEGAL DESCRIPTION (Abbreviated form: i.e. lot,blodc,plat or section, township, ra nge,qua rter/q ua rter)
Additional legal on page
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER
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The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I
understand that the recording processing requirements may cover up or otherwise obscure some part of the text of
the original document.
Signature Date