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HomeMy WebLinkAbout000863 Original Contract City of Port Angeles Record#00863 � xwuEEmEN| FUw 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 ~l~ 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: ~2~ 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: ~3. 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 ~4~ 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, `5~ � 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 ~6~ 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 ~7~ 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 ~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 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 CalendarVlRcom