HomeMy WebLinkAbout2010-601 - Legal Services AgreementDESCHUTES COUNTY DOCUMENT SUMMARY
Date: August 27, 2010 Department: Legal
Contractor/Supplier/Consultant Name: Crook County, Oregon
Contractor Contact: Dave Gordon Contractor Phone #: 541 447-6555
Type of Document: Document No. 2010-601 is a Legal Service Agreement between
Deschutes County and Crook County.
Goods and/or Services: Dave Gordon, Crook County Legal Counsel has requested that Mark
Pilliod, Deschutes County Legal Counsel provide vacation coverage during the period September 2,
2010 through September 20, 2010, to provide legal advice and services to Crook County should the
need arise.
Background & History: None
Agreement Starting Date: September 2, 2010 Ending Date: September 20, 2010
Annual Value or Total Payment: Crook County will pay an agreed upon hourly rate to
be charged in increments of one-tenth of an hour, rounded off for each particular activity
to the nearest one-tenth of an hour.
Insurance Certificate Received (check box)
Insurance Expiration Date: N/A
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
▪ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes 1 I No
Is this a Grant Agreement providing revenue to the County? ❑ Yes
X
No
070
Departmental Contact and Title: Mark Pitliod Phone #: 541-388-6624
Mark Pilliod: eft" 14r S-2_7 - l v
Signature Date
Distribution of Document: Copy of signed document sent to Mark Pilliod.
Official Review:
County Signature Required (check one): ❑ BOCC ® Department Director (if <$25K)
0 Administrator (if >$ 5K but <$1 K; if > 150K, BOCC Order No.
Date ei -27 - (
Legal Review
Document Number 2010-601
_)
8/27,2010
LEGAL SERVICES AGREEMENT
RECITALS
WHEREAS, Crook County Legal Counsel is scheduled to be on vacation starting
September 2, 2010 and will be out of the country until returning on September 20, 2010;
and
WHEREAS, Deschutes County Legal Counsel is willing to provide legal advice
and services to Crook County, should the need arise, during Crook County Legal
Counsel's absence.
Now, Therefore, it is hereby agreed as follows:
AGREEMENT
1. Identification of Parties. This Agreement, executed in duplicate with each
party receiving an executed original, is made by and between Deschutes County, a
political subdivision of the State of Oregon (hereinafter referred to as "Deschutes"), and
Crook County, a political subdivision of the State of Oregon (hereinafter referred to as
"Crook").
2. Legal Services to Be Provided. The legal services to be provided by
Deschutes to Crook are as follows: Provide services as general legal counsel on a
temporary basis as requested by Crook.
3. Representation of Crook. Deschutes will perform the legal services called
for under this Agreement, keep Crook informed of progress and developments, and
respond promptly to Crook inquiries and communications.
4. Fees. Crook will pay Deschutes for attorney fees for the legal services
provided for under this Agreement at the rate of $ per hour. Deschutes will
charge in increments of one-tenth of an hour, rounded off for each particular activity to
the nearest one-tenth of an hour. The minimum time charged for any particular activity
will be one-tenth of an hour.
Deschutes will charge for all activities undertaken in providing legal
services to Crook under this Agreement, including but not limited to the following:
conferences, court sessions and depositions (preparation and participation);
correspondence and legal documents (review and preparation); legal research and
telephone calls.
5. Costs. Crook will pay all "costs" in connection with Deschutes'
representation of Crook under this Agreement. Costs may be advanced by Deschutes and
then billed to Crook unless the costs can be met out of Crook's deposits that are
Page 1 — LEGAL SERVICES AGREEMENT
C:\Documents and Settings\connies\Local Settings\Temporary Internet Files\OLK2\legal services agreement.doc
LEGAL COUNSEL
OC -2010- 0
applicable toward costs. Costs include but are not limited to court filing fees, deposition
costs, expert fees and expenses, long distance telephone charges, photocopying expenses
and process server fees.
6. Deposit for Fees. Crook will pay to Deschutes, upon request, a deposit to
pay for fees and costs. If, at the termination of services under this Agreement, the total
amount incurred by Crook for attorney fees is less than the amount of the initial deposit,
the difference will be refunded to Crook.
The refundable deposit will be deposited by Deschutes in an interest
bearing account. Crook authorizes Deschutes to withdraw the principal from the account
to pay attorney fees as they are incurred by Crook.
7. Statements and Payments. Deschutes will send Crook a statement
indicating attorney fees and costs incurred and their basis, in the amounts applied from
deposits, and any current balance owed.
8. Termination of Deschutes. Deschutes may terminate this Agreement at
any time and Crook may terminate this Agreement at any time by written notice. Crook
will be responsible to Deschutes for any fees incurred prior to termination.
9, Liability and Indemnity. Subject to the limits of the Oregon Tort Claims
Act (ORS 30.260, et. seq.), each of the parties shall defend, indemnify and hold the other
party and their officers, employees and agents, harmless from any and all claims,
demands, damages, costs, fees (including reasonable attorney fees) suits, or actions
arising out of the negligent acts or omissions of the indemnifying party.
DATED this day of August, 2010.
CROOK COUNTY: DESCHUTES COUNTY:
By: By:
Its: Its:
Page 2 — LEGAL SERVICES AGREEMENT
C:\Documents and Settings\connies\Local Settings\Temporary Internet Files\OLK2\legal services agreement.doc