HomeMy WebLinkAbout000862 Original Contract City of Port Angeles
Record #000862
AGREEMENT FOR
INDIGENT LEGAL DEFENSE SERVICES
THIS AGREEMENT is entered into between the City of Port Angeles (hereinafter called
"City") and kqo L" RM, PS (hereinafter called "Contractor") this V-5 day of
VOn�LA L� 201'5.
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 set-vices to be provided by the
Contractor and the monetary payments to be made to the Contractor by the City, as herein
provided, the parties hereby agree as follows:
1. Term of Agreement. This Agreement shall be in effect from the first day of
February 2015 through the 31 st day of December 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
-1-
(10) business days to correct the violation. Failure to correct the violation will give rise to
termination for cause at the City's discretion. In lieu of terminating this contract, the City may
agree in writing to alternative corrective measures.
2. Scope of Work. 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 defense services in accordance with standards adopted by the City, the
Washington Office of Public Defense, the Washington State Supreme Court, and the Washington
State Bar Association. Nothing in this Agreement shall be 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 of Professional Responsibility.
In addition to compliance with the Washington State Bar Association Standards, in
the performance of work under this Agreement, Contractor shall comply with all federal, state and
local laws, ordinances, rules and regulations which are applicable to Contractor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of such operations.
The Contractor's obligation to provide services, and the City's obligation to pay
for such services, under this Agreement shall be limited to cases or matters in which the District
Court having jurisdiction over the case or matter makes a specific 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 25% of indigent defense appointments for
new pre-adjudication City cases. Contractor will accept assignments of new pre-adjudication
defense clients made on the days designated in Attachment A. Contractor acknowledges and
agrees that another contracting agency will accept the assignment of all
post-conviction-probation cases. 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,
case load limitations, or other good cause.
The Contractor has the right, for good cause shown and with the Court's
permission, to decline to represent or discontinue representing any individual, who by his or her
request, action, conduct, or financial ability, waives the right to, or is ineligible for, the assistance
of counsel at public expense.
In the event of a conflict of interest arising and precluding Contractor from
representing a client, and upon a finding by the Court that such conflict exists and precludes
Contractor from representing the defendant court designation of another attorney to represent the
client, shall be at the expense of the City.
In order to assure that the Contractor's caseload is being handled efficiently and in
"2-
cooperation with the efforts of the District Court and the City Attorney's Office, the Contractor
agrees to comply with the following guidelines to the extent possible:
a. 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.
b. The Contractor shall meet with the client and discuss the case and the City Prosecutor's
plea offer, if any, 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, in addition
to other appropriate issues,the Contractor shall be prepared to respond to the 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.
e. Contractor shall use its best efforts to review the Clallam County Jail roster on a daily
basis to determine whether clients are incarcerated and shall consult with incarcerated
clients as soon as possible to represent their interests.
f. Contractor will maintain contemporaneous records on a daily basis documenting all
work performed on each assigned case. Contractor will provide to the City a quarterly
report detailing:
i. The number of cases assigned during the period;
ii. The disposition of cases assigned during the period;
iii. The disposition of cases assigned indicating the number of cases dismissed, the
number of cases in which charges were reduced, the number of cases tried, and
the number of cases disposed by plea;
iv. The number of cases in which a substantive motion was filed
V. The number of cases in which an investigator was utilized.
3. Case Weir tin Based upon case counts maintained by the City and the Clallam
Public Defender, current estimates for annual case counts for all indigent cases filed by the City is
less than eight hundred (800) cases per year. The City has adopted an unweighted case count.
4. Conivensation. City agrees to pay Contractor for representation of all City cases,
except 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 $145
per case. City will pay an additional $500 for each trial submitted to a jury trial regardless of
outcome.
3
5. Payments 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 be provided in accordance with law and court rule by
the City Prosecutor. For post-conviction relief cases, discovery includes the cost to
obtain a copy of 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 preauthorized by order of the District Court shall be paid by the
City. These charges are in addition to the compensation listed in Paragraph 4
above. Unless the services are performed by Contractor's staff or subcontractors,
non-routine expenses include, but are not limited to:
i. medical and psychiatric evaluations;
ii. expert witness fees and expenses;
iii. interpreter;
iv. polygraph, forensic and other scientific tests;
V. any other non-routine expenses the District Court finds necessary
and proper for the investigation, preparation, and presentation of a
case.
c. Lay Witness Fees. Lay witness fees and mileage incurred in bringing defense
witnesses to court, but not including salary or expenses of law enforcement officers
required to accompany incarcerated witnesses;
d. Copying Clients' Files. The cost, if it exceeds $25, of providing one copy of a
client's or former client's case 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;
e. Records. Medical, school, birth, DMV, and other similar records, and 911 and
emergency communication recordings and logs, when the cost of an individual
item does not exceed $75; and
f. Process Service. The cost for the service of a subpoena as long as the rate per
location does not exceed the amount that would be charged by the local sheriff.
6. Independent Contractor. The status of the Contractor hereunder is that of an
independent contractor and the Contractor shall not be construed to be all employee or
employees of the City of Port Angeles. As an independent contractor, the Contractor is not
entitled to any benefits available to employees of the City, and the Contractor is responsible for
withholding any monies required to be withheld from Contractor's employees pursuant to local,
"4-
state or federal law, including but not limited to worker's compensation, 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. All work shall be done at the Contractor's own risk, and the
Contractor shall be responsible for any loss or damage to materials, tools, or other articles used
or held in connection with the work. Contractor shall also pay its employees all wages, salaries
and benefits required by law and provide for taxes, withholding and all other employment related
charges, taxes or fees in accordance with law and IRS regulations.
7. Reports/Records. 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 to the
Contractor, and may include, but not be limited to, 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 of this agreement. The Contractor shall preserve and maintain all financial
records and records relating to the performance of this agreement for three years after contract
termination and shall make such records available for review by the City upon request.
8. Modifications. Either party may request changes in the Agreement; however,
any and all modifications shall be in writing and signed by each of the parties.
9. Default. In the event that the Contractor defaults by failing to perform any of the
obligations of this Agreement, the City shall have available all contractual remedies under the
laws of the State of Washington. If the City chooses to terminate the Agreement for default by
the Contractor, the City may at its option obtain performance of the work elsewhere 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 to 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 damage sustained, or which may be sustained by the City by reason of such default.
10. Nondiscrimination. The Contractor shall not discriminate against any person on
the basis of race, color, religion, sex, marital status, Vietnam era veteran's status, disabled
veteran condition, physical or mental handicap, or national origin.
11. Indemnification/Hold Harmless. The Contractor agrees to hold harmless and
indemnify the City, its officers, officials, agents, employees, and representatives from and against
any and all claims, costs,judgments, losses, or suits including Contractor's fees or awards, and
including claims by Contractor's own employees to which Contractor might otherwise be immune
-5-
Linder Title 5larising out ofmin connection with any willful misconduct or negligent error, or
omission ufthe Contractor, his officers nragents.
11imapeoifioo]lyand expressly understood that the indemnification provided herein
constitutes the waiver of the Contractor's waiver of immunity under Title 51 RCnV solely for the
purposes of this im]urouificatioo. The parties have mutually negotiated this waiver.
The City agrees to hold huon}ean and indemnity the Contractor, his or her officers,
officials, agents, employees, and representatives from and against any and all claims, costs,
judgments, losses, or suits including Contractor's fees or awards, arising out of or in connection
with any willful misconduct or negligent error or omission of the City, its offiouxm or agents.
This clause aho]| survive the termination or expiration ofthis agreement and shall
continue to be in effect for any claims or causes of action arising hereunder.
Contractor shall be responsible for the safety ofits employees, agents, and subcontractors
in the performance ofwork hereunder, and shall take all protections reasonably necessary for
that purpose. All work shall be done a1 the Contractor's own risk, and the Contractor shall be
responsible for any loss or damage to materials, tools, or other articles used or held in connection
with the work. Contractor shall also pay its employees all wages, salaries and benefits required
by law and provide for taxes, withholding and all other employment related charges, taxes or
fees io accordance with law and IRS regulations.
12. Insurance. The Contractor shall procure and maintain for the duration of this
agreement insurance against claims for injuries tmyoceoumorprnpedyvvhichrunyarisefroroor
iu connection with the performance ofwork hereunder hy the Contractor, or the agents,
representatives, employees, or subcontractors of the Contractor.
u. Minimum Scope of Insurance. Attorney shall obtain insurance of the types described
below:
i. Coozo)eruio[ General Liability insurance shall bewritten on LS{)
occurrence form CG0OOl and shall cover liability arising from
operations, independent contractors, prod uctm-coonploted
operations, personal injury oodudvertimiog injury, and liability assumed
Linder uninsured contract. The City shall benamed as mu insured under
the Service Provider's Coonnoeroi81 (]eucru/ Liability insurance policy
with respect to the work performed for the City using ISO additional
insured cndormenmzt (.(] 20 lA 10 01 and CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
ii. Workers' Compensation coverage as required by the Industrial
Insurance laws ofthe State oFWashington.
iii. Pu>feeaioon] Liability insurance appropriate to the Contractor's
profession.
b. Minimum Amounts ofInsurance. Attorney shall maintain the following insurance
-6-
limits:
i. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence and $2,000,000 general
aggregate.
ii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit. The policy
shall contain no exclusion for loss or liability relating to a claim of
ineffective assistance of counsel.
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 be primary insurance as
respect to the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
ii. The Contractor's insurance shall be endorsed to 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
to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VlI.
e. 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 of the work.
In addition to compliance with the Washington State Bar Association Standards, in
the performance of work under this Agreement, Contractor shall comply with all federal, state and
District laws, ordinances, rules and regulations which are applicable to Attorney's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of such operations.
13. Applicable Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Washington, and in the event of dispute the venue of
any litigation brought hereunder shall be Clallam County.
-7-
14. Warranties. The Contractor warrants that he/she and every attorney and/or
intern employed by the Contractor to perform services under this Agreement, has read and is
fully familiar with the provisions of the Washington State Supreme Court rule and will read and
be familiar with the standards adopted by the City (hereinafter AStandards). Compliance with
these Standards goes to the essence of this Agreement. The Contractor, and every attorney
and/or intern performing services under this Agreement, shall certify compliance quarterly with
the District Court on the form established for that purpose by court rule. A copy of 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
infrastructure, support, administrative services and systems necessary to comply with the
Standards.
The Contractor warrants that he has read the Memorandum of Decision in
Wilbur v. Mount Veron, NO. CI I-I I OORSL and has sufficient resources to comply with the
directives of the decision, all court rules, and indigent defense standards, including, but no
limited to:
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
c. 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 PAYNE LAW FI
BY mow.. BY
41
Dan McKeen, City Manager i1liai-nXyifV, President
Print name.
APPROVED AS TO FORM-,
17
William E. Bloor, City Attorney
ATTEST:
Jdinifer Veneklasen, City Clerk
—8—
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 3 6 1 2 3 4 5 6 10 1 2 3 4 5 6
2 ✓1 5 6 7 8 9 10 7 S 9 10 11 12 13 1 11 H 9 10 11 12 13 1
3 11 12 13 14 15 16 1/ 8 L 5 16 17 18 19 20 ,1) 12 1°k 16 17 18 19 20 )1.
4 1.13 19 20 21 22 23 ,A 9 22 23 24 25 26 27 "12 13 '>'1) 23 24 25 26 27 2,�
5 25 26 27 28 29 30 14 2 9 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 2 23 1 2 3 4 5
15 115 6 7 8 9 10 11. 4 5 6 7 8 1) 24 '/ 8 9 10 11 12 1
16 2 20 25
,J�' 13 14 15 16 17 1.() 11 12 13 14 15 (� 14 15 16 17 18 19 20
17 1 Q 20 21 22 23 24 21 1 J 18 19 20 21 22 T 26 2 22 23 24 25 26 21
18 26 27 28 29 30 22 PI 25 26 27 28 29 30 27 28 29 30
23 31,
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 J 36 1 2 3 4
28 32 37
5678910 �'I 234567H, 678910111"
29 1 13 14 15 16 17 1 It 33 () 10 11 12 13 14 11, 38 0 14 15 16 17 18 11)
30 1,9 20 21 22 23 24 34 16 17 18 19 20 21 39 20 21 22 23 24 25
31 26 27 28 29 30 31 35 23 24 25 26 27 28 40 27 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 1213145L23456 / 49 12345
41 zj 5 6 7 8 9 1 46 r3 9 10 11 12 13 IA 50 7 8 9 10 11 1.;2
42 1 12 13 14 15 16 1, 47 1 16 17 18 19 20 2) 51 14 15 16 17 18 1
43 EI 19 20 21 22 23 14 48 )2 23 24 25 26 27 28 52 20 21 22 23 24 25
44 2'1 26 27 28 29 30 31 49 29 30 53 2/ 28 29 30 31
Ca endar-Vl R corn