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HomeMy WebLinkAboutSCOREA -2, 1 (D .'� Waiver of Conflict of Interest and Joint Defense Agreement This agreement is made between the City of Auburn (hereafter "Auburn`) and the South Correctional Entity Multijurisdictional Misdemeanant Jail (hereafter "SCORE "), a properly constituted public development authority. This agreement is made in connection with a potential tort claim arising out of events occurring on or about June 1, 2012, in the City Pacific and involving Brandon Suhr. The parties recognize the possibility of claims and litigation arising against them as a result of these events and make this agreement in anticipation of litigation. Both parties have been fully and completely advised about the potential for conflicts of interest in connection with any litigation. Such conflicts include, but are not limited to, the potential for each party to attempt to assign fault to the other. Such attempts could be made by mustering evidence and arguments. Attempts to assign fault may reduce one partys relative liability and fiscal responsibility. The parties acknowledge such attempts to assign relative fault will be completely and fully waived under the terms of this agreement. The parties have considered the costs and benefits of waiving conflicts of interest, and have determined that their common interests, as well as other factors considered but not described herein, justify waving the conflict. Both parties have consulted independent counsel and have not relied upon advice by Attorney Andrew Cooley, the firm of Keating Bucklin & McCormack, or representatives from Washington Cities Insurance Authority in making the decision to waive conflicts of interest. The parties acknowledge common and mutual interests in defending against any such claim, and intend to assert such common defenses. The parties will share information to advance this common defense to their common attorneys and each other. Such information will be deemed privileged attorney client and work product information as if it was shared to their own respective attorneys. Such information will retain its status under the Public Records Act, and said status will not be changed by participating in this common defense and by sharing such information with each other or common counsel. The parties acknowledge that they will be represented going forward with a common attorney or attorneys. The parties acknowledge that this attorney or attorneys will have an equal duty of loyalty to each party, and each party warrants they will take no steps and give no directions to common counsel that would precipitate a violation of this duty of equal loyalty. Each party warrants that they representatives below have authority to execute this agreement and bind their agencies. City of Auburn Dated: NOV 2 0 2012 SCORE Dated: Waiver of Potential Conflict of Interest and ,Ioint Defense Agreement This agreement ("Agreement") is made between the City of Auburn (hereafter "Auburn "), the South Correctional Entity, a governmental administrative agency formed by the cities of Auburn, Burien, Des Moines, Federal Way, Renton, Seri 1'ac and Tukwila pursuant to chapter 39.34 RCW ( "SCORE "), and the South Correctional Entity Facility public Development Authority, a public development authority chartered by the City of Renton (the "PDA "). This Agreement is made in connection with the investigation and joint defense of potential tort claims, should they arise, pertaining to events occurring on or about June 1, 2012, in the City of Pacific and involving Brandon James Suhr, presently the defendant in the criminal matter State v. Suhr, No. 12 -1- 02457 -6 (K.C. Superior Ct). The parties recognize the possibility of claims and litigation arising against them as a result of the events at issue in Mr. Suhr's criminal proceedings, and make this agrcanent in anticipation of potential future litigation. In entering this Agreement, the parties do not suggest that any claims arising from the events described herein have merit or create liability for the parties. Upon entering into this Agreement, the parties have been fully and completely advised about the potential for conflicts of interest in connection with any litigation. Such conflicts include, but are not limited to, the potential for each party to attempt to assign fault to the other. Such attempts could be made by mustering evidence and arguments. Attempts to assign fault may reduce or eliminate one party's relative liability and fiscal responsibility. The parties have considered the costs and benefits of waiving potential conflicts of- interest, and have determined that their common interests, as well as other factors considered but not described herein, justify waiving the potential conflict pursuant to RPC 1.7(b). The parties have each consulted their own indepcadent counsel and, therefore, have not relied solely upon Attorney Andrew Coolcy, the !inn of Kcating Bucklin & McCormack, or representatives from Washington Cities Insurance Authority in snaking the decision to waive conflicts of interest. Attorney Andrew Cooley and the firm of Kcating Bucklin & McCormack have stated and believe (1) that they will be able to provide competent and diligent representation to each of the parties; (2) that their representation of the parties is not prohibited by law; and (3) that the representation, at the time of this Agreement, does not involve the assertion of a claim by one party client against the other in the same litigation or other proceeding before a tribunal. The parties acknowledge common and mutual interests in conducting a joint defense herein. The parties will share information to advance this common defense with their common attorneys and with each other. Such information, to the extent it contains privileged attorney client communications, attorney work product information, or other confidential information, will not become subject to disclosure because it is shared as part of this joint defense, but instead shall continue to be treated as if it was viewed by a single party or shared with each party's own respective attorneys. Information that is otherwise exempt from disclosure under the Public Records Act, chapter 42.56 RCW. will retain its exempt status under the Public Records Act, and said status will not be changed by participating in this joint defense and by sharing such information with each other or common counsel as is in the common interest of the defense. 10006 99999 bjl5e2098f The parties acknowledge that under this Agreement they will be represented by a common attorney or attorneys. The parties acknov�Iedge that this attorney or attorneys will have an equal duty of loyalty to each party, and each party warrants they will take no steps and give no directions to common counsel that would precipitate a violation of this duty of equal loyalty. Each party warrants that the representatives below have authority to execute this agreement and bind their agencies. Keating Bucklin & McCormack Andrew Cooley A r City of Auburn South Correctional Entity Dated: Dated: South Correctional Entity Facility Public Development Authority Dated: So Agreed: WCIA Dated: 10006 99999 bj150098f