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HomeMy WebLinkAbout000861 Original Contract City of Port Angeles Record #000861 AGREEMENT FOR INDIGENT LEGAL DEFENSE SERVICES THIS AGREEMENT is entered into between the City of Port Angeles (hereinafter called "City") and Clallam Public Defender (hereinafter called "Contractor") this ]�, day of 2015. REPRESENTATIONS 1. The City requires the professional services of the Contractor in order to provide indigent representation for misdemeanor and gross misdemeanor defendants that are prosecuted by the City of Port Angeles and under circumstances that legal defense is required either under the Constitution of the United States or under the Constitution and laws of the State of Washington. 2. The Contractor is qualified and capable of meeting the professional standards for providing criminal defense and related services for indigent misdemeanor and gross misdemeanor defendants facing commitment or incarceration for offenses prosecuted by the City of Port Angeles. Contractor participates in regular training programs on public defense law including a minimum of seven hours of continuing education annually in areas relating to their public defense practice or as otherwise may be mandated by court rule. 3. The City, in consultation with the Contractor and other public defense agencies, is adopting standards for public defense pursuant to the requirements of RCW 10.101.030. AGREEMENTS NOW, THEREFORE, in consideration of the legal services to be provided by the Contractor and the monetary payments to be made to the Contractor the City, as herein provided, the parties hereby agree as follows: 1. Term of Agreement. This reement shall be in effect from the first day of February 2015 through the 31st day of-nrnrary 2015; provided, however, in the event the state adopts legislation that requires a substantial change in the services provided under this Agreement, either party may give notice of termination. This Agreement shall terminate 60 days following the date such notice is given. Termination For Cause. This Agreement may be terminated for cause for violation of any material term of this agreement. "Material term" shall include any violation indicating a failure to provide representation in accordance with the rules of the court and the ethical obligations applicable to members of the Washington State Bar Association, a violation of the Standards of the provisions relating to insurance, conviction of a criminal charge, and/or a finding that the license of the Attorney, or any attorney providing service under this agreement, has been suspended or revoked. Any violation of the other provisions of this Contract shall be subject to cure. Written notice of contract violation shall be provided to the Contractor who shall have ten (10)business days to correct the violation. Failure to correct the violation will give rise to v1V termination for cause a1 the City's discretion. iu lieu of terminating this contract, the City may agree in writing to alternative corrective measures. 2. The Contractor shall provide criminal defense and related services for indigent misdemeanor and gross misdemeanor defendants and certain other persons facing commitment or incarceration for offenses prosecuted by the City of Port Angeles. The Contractor will provide doteuyo services in accordance with standards adopted bythe City, the Washington Office of Public Defense, the Washington State Supreme Court, and the Washington BLutu Bar Association. Nothing in this Agreement shall he construed to impair or inhibit the exercise of independent professional judgment when an attorney/client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code nf Professional Responsibility. In addition to compliance with the Standards,in the performance of work under this Agreement, Contractor shall comply with all federal, state and local luv/a` ordinances, rules and regulations which are applicable 0n Contractor's business, equipment, uudperonoueiungo&edbo operations covered by this Agreement or accruing out of the performance of such operations. The Contractor's obligation io provide services, and the City's obligation topay for such services, tinder this Agreement shall be limited to cases or matters in which the District Court having jurisdiction over the case or matter makes a apooifio determination that the defendant is eligible for appointed counsel and appoints Contractor to the case or matter by court order. The Contractor acknowledges and agrees that it will share the assignment of defense clients with other agencies and that such sharing of assignments will be on a 25/25/50 basis with the Contractor accepting approximately 50% of the indigent defense appointments for new pre-adjudication City cases. Contractor shall accept all assignments of new yn:-u/6odicodonoppobzbnenta on the Ju1ea specified iu Attachment/\. Contractor will also accept the assignment of all post-conviction-probation cases assigned during the contract your. Contractor agrees to accept additional defense clients should one of the other contracting agencies be unable to represent that client due to conflict of interest or other good cause. The Contractor has the right, for good cause shown and with the Court's permission, to dou1bos to represent or discontinue representing any individual, who by his or her request, uodon` conduct, or financial ability, waives the right to, orim ineligible for, the aamimtaooc n[counsel u1 public expense. In the event ofo conflict o[interest arising and precluding Contractor from representing a client, and upon a finding by the Court that such conflict exists and precludes Contractor from ceproacobug the deCnoJuui omud designation of another attorney to zuprnaeot the client, shall hua1the expense ofthe City. The Contractor niUcoutiooeaodvczepzeaecdadouuudvviUoozuplctecaacevvbisb were assigned in the calendar year covered by the terin of this contract with due diligence, and in the event that the Contractor is not awarded the contract for the following calendar year, the Contractor shall then bc compensated at the hourly rate oF$35.0O per hour. lo the event that work is necessary on carryover cases and the Contractor is not awarded the uooirauL Contractor will be ~2~ responsible for keeping a record of time worked under the term of his contract ou cases for the City and ouua{ submit u monthly itemized statement o[hours worked and request for payment to the City. Tn order to assure that the Contractor's caseload is being handled efficiently and in cooperation with the efforts of the District Court and the City Attorney's Office,the Contractor agrees to comply with the following 8uide1buca to the extent possible: u. The Contractor will provide a defense attorney to attend each daily in-custody calendar and at all hearings and other court appearances on cases to which the attorney has been appointed under this agreement. h. The Contractor shall meet with the client and discuss the case and the City Prosecutor's plea offer, i[ my, within seventy-two hours of arraignment for in-custody defendants and prior to the readiness hearing for out of custody defendants. Contractor will note any plea change for any defendants held in custody the earliest possible court day. c. The Contractor shall attend the arraignment for each case. At arraignment, boaddition to other appropriate issues,the Contractor abollbuprcporedk,zenpoudtodhe plea offer. d. To the maximum extent practicable, the Contractor shall arrange for backup coverage for defense attorneys who are unable to make scheduled court appearances due to vacation or other such reasons that allow advance notice, in order to minimize continuances. c. Contractor shall use its best oDbdm to review the Clullom,County Jail roster ooadaily basis to determine whether clients are iuuurcocatod and shall consult with incarcerated clients as soon as possible to represent their interests. f Contractor will maintain contemporaneous records on u daily basis documenting all work performed on each assigned case. Contractor will provide to the City uquarterly report detailing: i. The number of cases assigned during the period; ii. The disposition n[cases assigned during the period; hi. The disposition of cases assigned indicating the number of cases the number o[cases in which charges were reduced,the number of cases tried, and the number of cases disposed byplea; b/. The number o[cases io which o substantive motion was filed V. The number ot cases iu which uo investigator was utilized; g. Contractor shall provide to the Pod}\ngulom Police Department the telephone number or numbers at which a defense attorney may be reached for"critical stage" advice to defendants during the course of police investigations and/or arrest twenty-four(24) hours each day. ' 3. Case Wei2htinR Based upon case counts maintained by the City and the CluDum. Public Defender, Current estimates for annual case counts for all indigent cases filed by the City is loao than eight hundred (800) cases per year. The City has adopted uounvveigb1cd case count. ~3~ 4. Compensation. City agrees to pay Contractor for representation for one-half o[ new City cases and all cases that only involve a post-conviction sentence amendment, when defendants are found to be qualified for appointment of indigent defense legal counsel. City will pay Contractor$h,25O per month. City anticipates that Contractor will accept tip to520 cases for 2015. Contractor agrees that it will continue to auoq?1 onoe appointments so long as the Contractor's caseload will not violate the Washington State Supreme Court caseload limits. In the event case appointments are accepted in excess of 520 in a calendar year, then Contractor shall be entitled to additional compensation on a pro-rata basis based upon the current yearly rate. 5. Pavinents in Addition to the Base Compensation. The City shall pay for the following case expenses when reasonably incurred and approved by the District Court from funds available for that purpose: a. Discovery. Discovery shall bu provided in accordance with law and court rule by the City Prosecutor. For post-conviction relief cases, discovery includes the cost to obtain u copy o{the defense, prosecuting attorney making this charge or court files pertaining to the underlying case. b. Preauthorized Non-Routine Expenses. Non-routine case expenses requested by the Contractor and prcautbohzedby order o[the District Court shall hc paid bythe City. These charges are iu addition to the compensation listed iu Paragraph 4 above. On|exa the morvi000 are performed byContractor's staff orsubcontractors, non-routine expenses include,but are not limited to: i. medical and psychiatric evaluations; ii. expert witness fees and expenses; iii. interpreters; iv. polygraph, [humuic and other scientific tests; V. any other non-routine expenses the District Court finds necessary and proper for the investigation, preparation, and presentation o[o case. o. Lay Witness Fees. Lay witness broa and mileage incurred in bringing dcteuys witnesses to court,but not including salary or expenses of law enforcement officers required to accompany incarcerated witnesses; d. Copying Clients' Files. The cost, ifit exceeds $25, oF providing one copy o[u ciinot`m or former client's uaou file upon client's or client's appellate, post-conviction relief or habeas corpus attorney's request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; u. Records. Medical, school,birth, DM\/, and other similar records, and 911 and emergency communication recordings and logs, when the cost of an individual item does not exceed $75; and ~4~ [ Process Service. The cost for the service o[usubpoena as long as the rate per location does not exceed the amount that would be charged by the local sheriff. h. Independent Contractor. The status n[the Contractor hereunder im that ofuo independent contractor and the Contractor shall not be construed to be an employee or employees o[the City of Port Angeles. As on independent contractor, the Contractor ianot entitled to any benefits available to employees of the City, and the Contractor is responsible for withholding any monies required to be vviUdzsld from Contractor's employees pursuant ho local, state or federal iuvv, including but not Urodcd to worker's cncupouuubou, social security, income taxes, use taxes and business and occupations taxes collected by the State of Washington. Contractor shall be responsible for the safety of its employees, agents, and subcontractors in the performance of work hereunder, and shall take all protections reasonably necessary for that purpose. /\UvvndcabnUbodnueuidhuCoutrac\or`aop/odak, 00ddheCnotruo1orybuUbo responsible for any loss or damage to zoa1eda)a, tools, or other articles used or held in connection with the work. Contractor shall also pay its employees all wages, salaries and benefits required hy law and provide for taxes, withholding and all other employment related charges, taxes or fees io accordance with law and IRS regulations. 7. . The City shall have the right to reasonably audit business records of the Contractor(exclusive of attorney-client confidential records) which are relevant to the performance of this agreement. Such review may occur upon thirty days notice tothe Contractor, and may include, but not bolimited 1o, on-site inspection by City agents or employees of all financial and non-privileged records or other materials which are pertinent to this agreement and its performance, and any and all non-privileged communications relevant to the performance o[this agreement. The Contractor shall preserve and maintain all financial records and records relating to the perfortnance of this agreement for three years after contract termination and shall make such records available for review by the City upon request. 0. Modifications. Either party may request changes iu the Agreement; however, any and all modifications shall be in writing and signed by each of the parties. 9. Default. lu the event that the Contractor defaults bytuiliugto perform any o[the obligations of this Agreement, the City shall have available all contractual remedies under the 1uvvo of the State oFWashington. If the City chooses io tecninote the Agreement for default by the Contractor, the City may at its option obtain performance of the work e/mcp/borc and shall be entitled to recover any extra cost or damage to the City resulting from such default by deduction from any money due or coming io the Contractor. The Contractor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all darnage sustained, or which may be sustained by the City by reason of such default. lO. Nondiscrimination. The Contractor shall not discriminate against any person ou the basis ufrace, color, religion, sex, ouud\xl status, Vietnam era veteran's oinh/m, disabled veteran condition,physical or mental handicap, or national origin. ~5` I\. The Contractor agrees to hold harmless and indemnify the City, its offioera` o±�o�do, agents, en�nkoynom` and �ou�and against �y�dnU m�� losses, or suits including Attorney's fees m awards, and including claims byContractor's own employees to which Contract might otherwise bo bumuuo under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the Contractor, his officers nragents. It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the Contractor's waiver of immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. The City agrees to hold harniless and indemnity the Contractor, his or her officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, |omaoa, or suits including Contractor's {eue or awards, mimiog out oforbnconnection with any willful misconduct or negligent error or omission of the City, its oUIocrm or agents. This clause shall survive the termination or expiration o[this agreement and shall continue tohuiu effect for any claims or causes u[action arising hereunder. 12. Insurance. The Contractor shall procure and maintain for the duration o[this agreement insurance against claims for injuries toporooneorpropcdyvvhichzouyudautiozoor in connection with the performance of work hereunder bythe Contractor, or the agents, rcpcoeoo1advcu` employees, or subcontractors of the Contractor. n. Minimum Scope of Insurance. Attorney shall obtain insurance of the types described below: i. Commercial General Liability insurance shall ho written nnISO occurrence form C(30OOl and shall cover liability arising from operations, independent contractors,products-completed operations,personal injury uududvedioiuGi jury`aodlinhUityumxuoocd under an insured contract. The City shall be named aaau insured under the Service Provider's Commercial General Liability insurance policy with respect to the work per600n*d for the City using lS()additional insured endorsement C(3 20 10 10 Ol and CG 20 37 lO 01 or substitute endorsements providing equivalent coverage. ii Workers' Compensation coverage aa required hy the Industrial Insurance laws ofthe State ofWashington. iii. Probcouimua1 Liability insurance appropriate to the Contractor's profession. b. Minimum Amounts of Insurance. Attorney shall maintain the lbQuvviog insurance |izniLa: i Commercial General Liability insurance shall be written with limits oo less than$l`OOO,O0O each occurrence and $2,0U0,O0U general aggregate. ~6~ � ii ProDmwkuzol Liability insurance shall hc written with limits oo less than $l,000J30O per claim and$l'0OO,0OO policy aggregate limit.The policy shall contain oo exclusion for loss or liability relating to an|ubn of ineffective assistance ofcounsel. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance. i. The Contractor's insurance coverage shall bo primary insurance ao respect 0o the City. Any insurance, mul['iumorouoc, or insurance pool coverage maintained by the City shall he excess n[the Contractor's insurance and shall not contribute with it. ii. The Contractor's insurance shall bo endorsed tu state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail,return receipt requested,has been given 0o the City. d. Acceptability ofInsurers. Insurance imtobu placed with insurers with u current/\.M. Best rating of not less than/\:\/D. u Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement o[the work. 13. Applicable Law. This Agreement shall bo construed and interpreted iu accordance with the laws of the State of Washington, and in the event of dispute the venue m[ any litigation brought hereunder shall hcCluUuruCounty. 14. Warranties. The Contractor warrants that he/she and every attorney and/or intern employed bythe Contractor to pez[bon services under this/\gr#ocucot, has o:od and is fully familiar with the provisions of the Washington State Supreme Court rule and will read and be familiar with the standards adopted bythe City(hereinafter"Standards). Compliance with these Standards goes 10 the essence n[this Agreement. The Contractor, and every attorney and/or intern performing services under this/lgreonzco1, shall certify compliance quarterly with the District Court on the form established for that purpose by court rule. A copy uf each and every such certification shall be provided to the City contemporaneously with filing with the District Court. The Contractor further warrants that the Compensation reflects all the iobnmtnzoture` support, administrative services and systems necessary 10 comply with the Standards. The Contractor warrants that bo has read the Memorandum o[Decision iu Wilbur v. Mount Veron, NO. Cl 1-1 IOORSL and has sufficient resources to comply with the directives of the decision, all court rules, and indigent d#/eouo standards, including,but no limited to: ~7~ a. Access to investigation, translation, mental health professionals, and physical assessments; b. Adequate office space to meet with defendant and facilitate confidential communications; c. Case management system to ensure the accuracy of the reports; d. Legal research tools that assist in filing substantive motions; and e. Adequate resources to prepare for trials. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES CLALLAM PUBLIC DEFENDER BY BY McKeen, City Manager rint n me. APPROVED AS TO FORM-, William E. Bloor, City Attorney ATTEST: clfiafy VW JVtinifer Veneklasen, City Clerk wgu Attachment A 2015 Calendar January 2015 February 2015 March 2015 No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa 1 1 2 :1 6 1 2 3 4 5 6 / 10 1 2 3 4 5 6 / 2 1 5 6 7 8 9 M 7 8, 9 10 11 12 13 J�I 11 8' 9 10 11 12 13 1 3 12 13 14 15 16 1 8 1'�K 16 17 18 19 20 ) 1 12 16 17 18 19 20 1 4 8 19 20 21 22 23 k11 9 22 23 24 25 26 27 13 23 24 25 26 27 )8 5 26 27 28 29 30 H 14 29 30 31 April 2015 May 2015 June 2015 No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa 14 1 2 3 1 18 1 23 1 2 3 4 5 15 6 7 8 9 10 1:1 19 3 4 5 6 7 8 1) 24 )1 8 9 10 11 12 1 16 12 13 14 15 16 17 1 H, 20 10 11 12 13 14 15 1-(s 25 1.,:1 15 16 17 18 19 C) 17 19 20 21 22 23 24 21 1,-/ 18 19 20 21 22 26 'x,L 22 23 24 25 26 18 2f:3 27 28 29 30 22 24 25 26 27 28 29 30 27 ?8 29 30 23 51. July 2015 August 2015 September 2015 No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa 27 1 2 3 1 31 1 36 1 2 3 4 28 5 6 7 8 9 10 1 32 2 3 4 5 6 7 3 37 6 7 8 9 10 11 1 29 12 13 14 15 16 17 18 33 9 10 11 12 13 14 1 38 :1 3 14 15 16 17 18 1 30 19 20 21 22 23 24 211G 34 1(6 17 18 19 20 21 39 20 21 22 23 24 25 2cr 31 )6 27 28 29 30 31 35 "ZI;3 24 25 26 27 28 :-?'+ 40 2/ 28 29 30 36 '30 31 October 2015 November 2015 December 2015 No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa 40 121, 45123456 / 49 12341�> 41 4 5 6 7 8 9 10 46 13 9 10 11 12 13 M 50 6 7 8 9 10 11 1,',1 42 1;1 12 13 14 15 16 1-/ 47 J 16 17 18 19 20 )1 51 13 14 15 16 17 18 1 l� 43 48 1 52 181 19 20 21 22 23 �4 23 24 25 26 27 ),8 20 21 22 23 24 25 44 26 27 28 29 30 49 2 9 29 30 53 2 28 30 31 Calendar\/Pcorn