HomeMy WebLinkAbout000863 Original Contract City of Port Angeles
Record#00863
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INDIGENT LEGAL DEFENSE SlIll\/lC]GS
THIS AGREEMENT is entered into bebvcoo the City n[Port Angeles (hereinafter called
"City") and Lovv ()QOue of Stan Myers, yLI.0 (hereinafter called "Contractor") this 12 day of
2015.
REPRESENTATIONS
l. 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 C0001dudou of the United Sin1oa or under the Constitution and laws of the State of
VVuobiog¢ou.
2. The Contractor is qualified and capable of meeting the professional standards for
providing criminal ds1eomo and related services for indigent zuimdozocuuor and gross
misdemeanor defendants facing commitment or incarceration for offenses prosecuted hythe City
of Port /\uBciou. Contractor participates in regular training programs on yob|io defense lnv/
including a minimum of seven hours of continuing education annually in areas relating to their
public defense practice oroo otherwise may hu mandated by court rule.
3. The City, in oouyoltu1iou with the Contractor and other public defense agencies, is
adopting standards for public defense pursuant to the requirements of RCW 10.10 1.030.
AGREEMENTS
p4(>YV, IBDRBp(}IlE, in consideration of the legal services to be provided by the
Contractor and the monetary puyoueoim to be made to the Contractor by the City, as herein
provided, the parties hereby agree as follows:
l. Term of Agreement. This 8grcuneu\ mbuU be in effect from the first Joy of
February 2015 through the 3 1 st day of December 2015; provided, however, in the event the state
adopts legislation that requires a substantial change in the acrvioom provided under this
/\groeznsut, either party may give uoduc of termination. This Agreement shall (uomiuotc 60
days following the date such notice iagiven.
Termination For Cause. This Agreement may bnterminated for cause for violation
of any material term m[this agreement. "Material term" shall include any violation indicating u
failure to provide representation iu 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 iomuruuoc` conviction w[:criminal charge, uod/oza 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
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toonbzudou for cause m1 the City's discretion. Lo lieu of terminating this contract, the City may
agree in writing to alternative corrective measures.
2. Scove of Work. The Contractor shall provide criminal defense and related
services for indigent misdemeanor and gross misdemeanor defendants and certain other persons
facing commitment orincarceration for offenses prosecuted hY 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 he construed io impair or inhibit the
exercise u[independent professional judgment when au 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 lavvm` ordinances, rules and regulations which are applicable(o 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 tnprovide services, and the City's obligation topay
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 o specific dotconioudon that the
defendant is eligible for appointed counsel and appoints Contractor to the ouae or matter bycourt
order.
The Contractor acknowledges and agrees that itwill 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% nf indigent defense appointments for
new pre-adjudication City cases. Contractor will accept assignments o[new pre-adjudication
defense clients made oo the days designated iu Attachment/\. 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 he unable 10 represent that client due to conflict o[interest, cumu 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 ordiscontinue cuyzeauudng any individual, who by his or her
request, action, conduct, or financial ability, waives the right to, or is ineligible for, the umoimtauop
uf counsel ui public expense.
[o the event o[u 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 representing the defendant court designation of another attorney io represent the
client, shall hee1the expense o[the City.
lo order to assure that the Contractor's caseload io being handled efficiently and in
cooperation with the efforts of the District Court and the City Attorney's Office, the Contractor
agrees 10 comply with the following guidelines to the extent possible:
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u &Conti-actor will provide o defense attorney to attend each daily mdcndo
and o1all hearings and other court appearances ou cases to which the attorney has been
appointed under this agreement.
b. The Contractor mhaUzuootvvidhthuclientuuddimcuomdheouasoudUhoCiiyPnumucutor'x
plea offer, if any, within seventy-two hours of arraignment for in-custody defendants
and prior to the readiness hearing for out o[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. /\t arraignment, ioaddition
to other appropriate issues,the Contractor shall be prepared to respond to the plea offer.
d. To the zuuzbouzn extent practicable, the Contractor shall arrange for backup coverage
for defense attorneys who are unable io make scheduled court appearances due to
vacation or other such reasons that allow advance notice, in order to minimize
oonduumuoou
c Contractor shall use its hout sDodm to review the C\ullazu County Jail roster oo udoUy
basis to determine whether clients are incarcerated and shall consult with incarcerated
clients am soon uu possible to represent their interests.
[ Contractor will maintain contemporaneous records on a daily basis documenting all
work performed oo each assigned case. Contractor will provide to the City uquarterly
report detailing:
i The number o[cases assigned during the period;
b. The disposition of cases assigned during the period;
Ili. The disposition ofcases 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 byplea;
iv. The number of cases io which n substantive motion was filed
V. The number of cases bu which eo investigator was utilized;
3. Case WeiRhtinR Based upon case counts maintained by the City and the C\oUom
Public Defender, current estimates for annual case counts for all indigent cases filed by the City is
less than eight hundred (8OO) cases per year. The City has adopted muuovvuigh1ed case count.
4. Compensation. 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
tobo qualified for appointment o{indigent defense legal counsel. City will pay Contractor$l45
ycrcuao. City will pay an additional $500 for each trial moboziUsd to o jury trial regardless of
outcome.
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:
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u. Di Discovery shall he provided iu accordance with law and court rule by
the City Prosecutor. For relief cases, discovery includes the cost to
obtain e copy oF the defense,prosecuting attorney making this charge or
court files pertaining to the underlying cnoc
b. Pnuaudbodzed Non-Routine Expenses. Non-routine case expenses requested bythe
Contractor and preuutbodzcdhy order nf the District Court shall be paid bythe
City. These charges are iu addition Ln the compensation listed iu Paragraph 4
above. lJnloma the services are performed hyContractor'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, forensic and other scientific tests;
V. any other non-routine expenses the District Court finds necessary
and proper for the investigation,preparation, and presentation o[u
case.
u. Lay Witness Fees. Lay witness fees and mileage incurred in bringing duttuoo
witnesses to court,but not including salary or expenses of law enforcement officers
required to accompany incarcerated witnesses;
d. Copying Clients' Files. The cost, i[it exceeds $25, of providing one copy o[a
client's oc former client's cuxo file upon client's orclient'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 enew
trial;
o. Records. Medical, school, birth, DMV, and other similar records, and 911 and
emergency coouzouuiva1ion recordings uudlogm, p/bcnthecodo[nniodivk]ua|
item does not exceed $75; and
[ 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.
b. Independent Contractor. The status n[the Contractor hereunder io that o[oo
independent contractor and the Contractor shall not he construed tobruu employee or
employees o[the City of Port Angeles. &muu independent contractor, the Contractor iynot
cuddod to any benefits available to oozployuue of the City, and the Contractor is responsible for
withholding any monies required to be withheld from Contractor's employees pursuant to local,
state or federal law, including but not limited tn p/odksz'o compensation, oouiui 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 io the performance of work hereunder, and shall take all protections reasonably
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necessary for that purpose. All work shall hodone at the Contractor's own risk, and the
Contractor shall be responsible for any loss or damage 0o rnn1orio]u, tools, oz other articles used
or held Lu 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.
?. . 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 o[this agreement. Such review may occur upon thirty days notice iothe
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 oounn`uoico1ioua relevant tn
the performance o[this agreement. The Contractor shall preserve and maintain all Duuuoixl
records and records relating\o the performance o{this agreement for three years after contract
termination and shall make such records available for review by the City upon request.
M. Modifications. Either party may request changes iu the Agreement; however,
any and all modifications shall heio writing and signed hy each of the parties.
9. Default. In the event that the Contractor defaults hy failing to Pedboo any of the
obligations of this Agreement, the City shall have available all contractual remedies under the
laws u[the State o[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 io the City resulting from such default hydeduction
from any money due nr coming to the Contractor. The Contractor shall bear any extra expenses
incurred bythe City in completing the work, including all bocrcuood ooa1m for completing the
work, and all damage sustained, or which may be sustained by the City by reason of such default.
lO. Nondiscrimination. The Contractor shall not discriminate against any person oo
the basis of race, color, religion, sex, oomj1ul status, \/i#tnmnu era veteran's status, disabled
veteran condition,pbyeiuu)or mental handicap, or national origin.
ll. . The Contractor agrees tn hold b000|eooand
iodouzuiFv the City, its officers, officials, ugeo1m` ezupioycom` and royrencutudvem from and against
any and all c|uinon, costs,judgments, losses, or suits including Attorney's [euu or awards, and
including claims by Contractor's own employees to which Contractor might otherwise be immune
under Title 51 arising out of or in oouoocdou with any vviUb/l misconduct or negligent error, or
ocnimei000f the Attorney, his officers or agents.
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 harmless and indemnity the Contractor, his or her officers,
officials, agents, employees, and representatives from and against any and all claims, costs,
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kmmna or suits including Contractor's fees or awards, arising not ofurinconnection
with any willful misconduct or negligent error or omission of the City, its officers oragents.
This clause shall survive the termination or expiration o{this agreement and shall
continue tobeiu effect for any claims or causes o[action arising hereunder.
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 u6urguw, taxes or
fees iu accordance with law and IRS regulations.
12. Insurance. The Contractor shall procure and maintain for the duration o[this
agreement insurance against claims for injuries toperaoumorpnopodyv�hiobcouyudeobozooz
in connection with the performance of work hereunder by the Contractor, or the agents,
cq?reosobdivoo, employees, mr subcontractors oftboCnnboutoc
u. Minimum Scope of Insurance. Attorney shall obtain insurance of the types described
below:
i. Commercial General Liability insurance mbuU be written ooISO
occurrence form C(] OOOl and shall cover liability arising from
operations, independent contractors, products-completed
operations,personal injury uodadvtdioiug injury,and liability assumed
under uu insured contract. The City shall he named uwao insured under
the Service Provider's Commercial (7ooeru| Liability insurance policy
with respect 10 the work performed for the City using I0()additional
insured endorsement CG 20 10 IO Ol and CG 20 37 10 Ul or substitute
endorsements providing equivalent coverage.
ii. Workers' Compensation coverage oa required hy the Industrial
Insurance laws of the State ofWashington.
iii. pro6:aaionoi Liability insurance appropriate to the Contractor's
profession.
b. Minimum Amounts of Insurance. Attorney shall maintain the following insurance
limits:
i. Commercial General Liability insurance shall be written with limits no
less than$l,OOO,0OO each occurrence and $2,OVO`OOOgeneral
aggregate.
ii. Professional Liability insurance shall bo written with limits oo less than
$|,O00`00O per claim and$l,O0O,000 policy aggregate limit.The policy
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shall contain uo exclusion for loss c«liability relating toa claim o[
ineffective assistance o[counsel.
o. Other Insurance ynnviaiuuo. The insurance policies are to contain, orbs endorsed to
contain, the following provisions for Commercial(;enezu| Liability ioeuzauuo.
i. The Contractor's insurance coverage shall bc primary insurance aa
respect to the City. Any insurance, ae1['inauzouce, or insurance pool
coverage maintained by the City shall be excess o[the Contractor's
insurance and shall not contribute with it.
ii. The Contractor's insurance shall he endorsed 10 state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice hy certified mail, return receipt csguested,buobeeogivuu
W the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less tbanA:\/Il.
o. Verification m[Coverage. Contractor shall fbcoiob the City with original certificates
and u copy ofthe amendatory endorsements, including but not oeooamadly limited in
the additional insured endorsement, evidencing the insurance requirements ofthe
Contractor before commencement o[the work.
In addition to compliance with the Washington State Bar Association 8tooduo]m, in
the performance of work under this Agreement, Contractor shall comply with all federal, state and
District laws, ondiouuoca, rules and regulations which are applicable io 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 bu construed and interpreted in
uouonlonue with the |owu of the State of Washington, and in the event ofdispute the venue of
any litigation brought hereunder shall heClnllamCounty.
14. Warranties. The Contractor warrants that he/she and every attorney and/or
bdscn employed hythe Contractor to pozƒbon services under this &grccnneuL has read and is
fully familiar with the provisions of the Washington Sin10 Bupcunzo Court rule and will read and
be familiar with the niuudau]o adopted by the City(hereinafter"814udurda). Conq»|iuocevvidh
dzume Standards goes tothe 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 oo the form established for that purpose hy court rule. /\copy of each and
every such certification shall he provided 1n the City contemporaneously with filiogwith the
District Court. The Contractor further warrants that the Compensation reflects all the
infrastructure, support, odouioimbudvo services and systems necessary to comply with the
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Standards.
The Contractor warrants that bc has read the Memorandum of Decision in
Wilbur v. Mount &ernn' N(). Cll-llOO/(SI.and has sufficient resources to comply with the
directives of the decision, all court rules, and indigent defense standards, including, but no
limited to:
u. /\uoeoy to investigation, translation, mental health professionals, and physical
opmounzoeozo;
b. Adequate office space to meet with defendant and facilitate confidential
communications;
c. Case management system toensure the accuracy o[the reports;
d. Legal research tools that assist in filing oubo\uodve motions; and
c. Adequate resources k> 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 LAW OFFICE Oy STAN M./GRS, PLDC
BY B,/
Dan Mcl{eeu, City Manager
APPROVED AS TO FORI d
ALZ
William E. Bloor, City Attorney
ATTEST:
Venellasen,aCit2ytI—erk
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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 12 :�, 6 :,� 234567101 23456 /
2 4 5 6 7 8 9 IO 7 8 9 10 11 12 13 14 11 8 9 10 11 12 13 ki
3 1 1 12 13 14 15 16 17 8 f 15 16 17 18 19 20 .;.':1 12 115 16 17 18 19 20 ',,,I.
4 11'4 19 20 21 22 23 !I 9 "'12 23 24 25 26 27 "1 I� 13 2 23 24 25 26 27 2
5 2') 26 27 28 29 30 31. 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 4 18 1 23 1 2 3 4 5 (j
15 5, 6 7 8 9 10 1 19 3 4 5 6 7 8 f 24 7 8 9 10 11 12 1
16 12 13 14 15 16 17 f 8, 20 () 11 12 13 14 15 1( 25 14 15 16 17 18 19 2 D
17 1 C) 20 21 22 23 24 21 1.7 18 19 20 21 22 ,'A 26 ,11 22 23 24 25 26
18 26 27 28 29 30 22 24 25 26 27 28 29 27 es 8, 29 30
23
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 36 1 2 3 4 1,
28 5 6 7 8 9 10 t J 32 2 3 4 5 6 7 8' 37 6 7 8 9 10 11 12
29 1,2 13 14 15 16 17 1 33 9 10 11 12 13 14 t 1 38 i3 14 15 16 17 18 19
30 N() 20 21 22 23 24 34 1(3 17 18 19 20 21 39 20 21 22 23 24 25 26
31 2(:, 27 28 29 30 31 35 23 24 25 26 27 28 1) 40 2"1 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 1 2 11 45 2 3 4 5 6 / 49 1 2 3 4 `�
41 4 5 6 7 8 9 10 46 9 10 11 12 13 14 90 6 7 8 9 10 11 1 2
42 L 1 12 13 14 15 16 I7 47 1 16 17 18 19 20 '2 1 51 1"1 14 15 16 17 18 1,:,�
43 1 ',3 19 20 21 22 23 :',I 48 22 23 24 25 26 27 )B 52 20 21 22 23 24 25 2
44 26 27 28 29 30 :3 49 a9 30 53 2 28 29 30 31
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