AGENDA ITEM
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Approve Interlocal Agreement and Waiver of Conflict between Polk County and the Polk TPO for Legal Services
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PRESENTER
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SUMMARY
Polk County through a separate agreement provides the staff and location for the Polk Transportation Planning Organization (“TPO”) which has included legal services from the County Attorney’s Office. Authorizing the County Attorney’s Office to provide legal services and advice to the TPO is efficient, a good use of county resources and benefits the citizenry at large. The proposed interlocal agreement as attached authorizes the County Attorney and the other attorneys within the County Attorney’s Office to provide legal advice and services at no additional cost to the TPO. Both the interlocal and waiver of conflict acknowledges that although the interests of each party are generally consistent, it is recognized and understood that differences may exist or become evident during the course of the legal representation. Notwithstanding these possibilities, both parties have determined that it is in their individual and mutual best interests to have a single legal office represent them. Both the interlocal and waiver of conflict provides if there is a conflict between the two parties that outside counsel will have to be used by both parties. Both the interlocal and waiver of conflict states that the parties agree to waive any conflict of interest that may arise including any conflict that may have arisen in the drafting of the documents.
RECOMMENDED ACTION
Approval of the Interlocal Agreement and Waiver of Conflict
ATTACHMENTS
1. Draft Interlocal Agreement between Polk County and the Polk TPO for Legal Services
2. Draft Waiver of Conflict