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HomeMy WebLinkAbout4.610 Original ContractAMENDMENT TO CONTRACT FOR SUPPLEMENTAL PUBLIC DEFENSE SERVICES THIS CONTRACT is made and entered into by and between the City of Port Angeles, a municipal corporation for the State of Washington, (hereinafter referred to as "City ") and The Law Office of Stanley B. Myers (hereinafter referred to as "Contractor "), on the terms and conditions described below. This contract is effective upon the day it is signed by the last party to sign this contract. I. EMPLOYMENT The Contractor agrees to provide supplemental public defender services pursuant to the terms of this contract. II. SCOPE OF SERVICES a. Pursuant to Chapter 10.101 of the RC W, all indigent criminal defendants, determined to be eligible, are entitled to appointed counsel. The City of Port Angeles currently contracts with the Clallam County Public Defender to provide indigent defense services in Clallam County District Court No. 1. The terms of the contract between the City and the Clallam County Public Defender provides a cap at 40 assignments per month. The purpose of this contract is to provide services should the number of appointments exceed 40 in a given calendar month. b. The Contractor will provide representation to eligible criminal defendants when the number of appointments exceeds the 40- case - per -month cap. When appointed, the Contractor pursuant to this contract shall provide criminal defense services to appointed defendants in accordance with the Rules of Professional Conduct, Standards for Public Defense Services, Washington State Court Rules, and applicable law. c. Representation of appointed defendant shall occur from the date of appointment through final resolution of the case, and shall include any and all court hearings for an appointed defendant's case, including arraignment hearings, pre -trial hearings, readiness hearings, motion hearings, trial, sentencing, and post sentencing hearings. d. During the term of this Contract, the Contractor shall have professional liability coverage in a minimum amount of $1,000,000.00, or alternatively, if the proposer is a public agency, shall provide proof of self - insurance with terms acceptable to the City. e. The City shall provide the Contractor with a copy of the City of Port Angeles Criminal Code and any amendments thereto adopted during the term of this Contract. -1- y6 /0 f. The Contractor shall not assign or transfer any interest in this Contract without the prior written consent of the City. III. APPOINTMENT OF CONTRACTOR TO REPRESENT INDIGENT DEFENDANTS Screening to determine eligibility and appointment to provide legal representation at public expense will be done by the Clallam County District Court No. 1 (hereinafter referred to as "Court"). The City shall provide the Contractor written notice of the name, address, and phone number of each appointed defendant (hereinafter referred to as "defendant "), together with the charge and cause number, and within a reasonable time after determination of eligibility. Receipt of the written notice shall constitute appointment to provide legal services to such appointed defendants. IV. COMPENSATION The Contractor shall be compensated as follows: The Contractor shall be compensated at the rate of $60.00 per appointment as counsel for qualified indigent defendants on probation cases. The Contractor shall be compensated at the rate of $60.00 per case appointment when the defendant retains private counsel prior to Jury Readiness resulting in withdrawal of Contractor as counsel. The Contractor shall be compensated at the rate of $100.00 per case appointment when the defendant fails to appear resulting in issuance of a warrant and withdrawal of Contractor as counsel. The Contractor shall be compensated by the City at the rate of $175.00 per appointment. That amount is the full and total compensation for all legal services from the date of appointment (except bench or jury trial), including sentencing hearings, post- sentence motions and hearings. Additional compensation of $300 shall be paid for each case that goes to jury trial. Additional compensation of $150 shall be paid for each case that goes to bench trial. Compensation shall be payable at the closing of each case. V. BILLING a. The Contractor shall submit monthly billing statements to the City indicating the request for compensation for each appointment, stating defendant's name, citation number and date of case disposition. The City shall have the right to require additional confirmation from the Contractor in order to determine the appropriate compensation due under this contract. -2- b. Request for compensation shall be made no later than the 15` of the month following the date of case disposition. c. The City shall make payment to the Contractor no later than 30 days after the billing statement is received by the City. VI. DISCOVERY. EXPERT WITNESS. INTERPRETERS. PRE - SENTENCE REPORTS. AND OTHER COSTS a. Discovery information will be provided by the City to the Contractor without cost. b. When approved by the Court, in accordance with applicable statues and court rules, the City will provide and pay for necessary expert witnesses, interpreters, and similar matters necessary to the defense. c. For any appeal from a decision of the Court following a charge against a defendant represented by the Contractor, the City will provide the Contractor with necessary electronic recordings of the proceedings of the Court and with necessary written transcripts of proceedings or shall pay the costs for transcribing such necessary records. VII. INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the Contractor's performance of any services pursuant to this contract. VIII. CONFLICTS OF INTEREST In the event that a conflict of interest prevents the Contractor from accepting representation in certain instances, the Contractor shall notify both City and the Court of the conflict of interest at the earliest possible date so that appropriate representation can be arranged for defendant in a timely manner. IX. NONDISCRIMINATION The Contractor shall strictly abide by all local state and federal anti- discrimination and equal employment opportunity laws and policies in regard to hiring and employment laws and practices, and in regard to providing the services to defendants. - 3 - a. This contract shall terminate on December 31, 2011, unless the City and Contractor agree, in writing, to extend the term for an additional period of time. b. Notwithstanding the foregoing, in the event of violations of the Rules of Professional Conduct, any breach of this contract, or other good cause, either party may terminate the contract after providing the other party with written notice of the deficiency and an opportunity to correct any such deficiency within a thirty day period. Notice of such deficiency and required date of cure, and notice of termination must be in writing. This contract shall be construed and interpreted in accordance with the laws of the State of Washington. It is agreed that Clallam County, Washington, shall be the venue should any legal action be pursued to enforce or interpret the terms of this contract. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written below. CITY OF PORT ANGELES BY:- Gary B This contract shall be administered for the City by the City Manager, or his designee. Date: /o? - / - D APPROVED AS TO FO / I�A , Mayor X. TERM XI. JURISDICTION AND VENUE XII. CONTRACT ADMINISTRATOR CONTRACTOR BY: i Stanley B.` yes Date: I- f}C( ATTEST: William E. Bloor, City Attorney Jajssa Hurd, City Clerk 0 I Legal_ Backup \AGREEMENTS &CONTRACTS Agrmts&Contraets1Mlycrs Amendment Supp lcmentalPublieDefenderContrael 102809 wpd .- </.W/D CONTRACT FOR SUPPLEMENTAL PUBLIC DEFENSE SERVICES THIS CONTRACT is made and entered into by and between the City of Port Angeles, a municipal corporation for the State of Washington, (hereinafter referred to as "City") and The Law Office of Stanley B. Myers (hereinafter referred to as "Contractor"), on the terms and conditions described below. This contract is effective upon the day it is signed by the last party to sign this contract. L EMPLOYMENT The Contractor agrees to provide supplemental public defender services pursuant to the terms of this contract. II. SCOPE OF SERVICES a. Pursuant to Chapter 10.101 ofthe RCW, all indigent criminal defendants, determined to be eligible, are entitled to appointed counsel. The City of Port Angeles currently contracts with the Clallam County Public Defender to provide indigent defense services in Clallam County District Court No.1. The terms of the contract between the City and the Clallam County Public Defender provides a cap at 40 assignments per month. The purpose of this contract is to provide services should the number of appointments exceed 40 in a given calendar month. b. The Contractor will provide representation to eligible criminal defendants when the number of appointments exceeds the 40-case-per-month cap. When appointed, the Contractor pursuant to this contract shall provide criminal defense services to appointed defendants in accordance with the Rules of Professional Conduct, Standards for Public Defense Services, Washington State Court Rules, and applicable law. .. c. Representation of appointed defendant shall occur from the date of appointment through final resolution of the case, and shall include any and all court hearings for an appointed defendant's case, including arraignment hearings, pre-trial hearings, readiness hearings, motion hearings, trial, sentencing, and post sentencing hearings. d. During the term of this Contract, the Contractor shall have professional liability coverage in a minimum amount of$1 ,000,000.00, or alternatively, if the proposer is a public agency, shall provide proof of self-insurance with terms acceptable to the City. -1- e. The City shall provide the Contractor with a copy of the City of Port Angeles Criminal Code and any amendments thereto adopted during the term of this Contract. f. The Contractor shall not assign or transfer any interest in this Contract without the prior written consent of the City. III. APPOINTMENT OF CONTRACTOR TO REPRESENT INDIGENT DEFENDANTS Screening to determine eligibility and appointment to provide legal representation at public expense will be done by the Clallam County District Court No.1 (hereinafter referred to as "Court"). The City shall provide the Contractor written notice of the name, address, and phone number of each appointed defendant (hereinafter referred to as "defendant':), together with the charge and cause number, and within a reasonable time after determination of eligibility. Receipt of the written notice shall constitute appointment to provide legal services to such appointed defendants. IV. COMPENSATION The Contractor shall be compensated as follows: The Contractor shall be compensated by the City at the rate of $175.00 per appointment. That amount is the full and total compensation for all legal services from the date of appointment (except bench or jury trial), including sentencing hearings, post-sentence motions and hearings. Additional compensation of $300 shall be paid for each case that goes to jury trial. Additional compensation of$150 shall be paid for each case that goes to bench trial. Compensation shall be payable at the closing of each case. V. BILLING a. The Contractor'shall subrriitmonthlybilIiiigsfatenlEmfs'tbthe CitY indicating the request for compensation for each appointment, stating defendant's name, citation number and date of case disposition, The City shall have the right to require additional confirmation from the Contractor in order to determine the appropriate compensation due under this contract. b. Request for compensation shall be made no later than the 15th of the month following the date of case disposition. c. The City shall make payment to the Contractor no later than 30 days after the billing statement is received by the City. -2- VI. DISCOVERY, EXPERT WITNESS, INTERPRETERS, PRE-SENTENCE REPORTS, AND OTHER COSTS a. Discovery information will be provided by the City to the Contractor without cost. b. When approved by the Court, in accordance with applicable statues and court rules, the City will provide and pay for necessary expert witnesses, interpreters, and similar matters necessary to the defense. c. For any appeal from a decision of the Court following a charge against a defendant represented by the Contractor, the City will provide the Contractor with necessary electronic recordings of the proceedings of the Court and with necessary written transcripts of proceedings or shall pay the costs for transcribing such necessary records. VII. INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the Contractor's performance of any services pursuant to this contract. VIII. CONFLICTS OF INTEREST In the event that a conflict of interest prevents the Contractor from accepting representation in certain instances, the Contractor shall notify both City and the Court of the conflict of interest at the earliest possible date so that appropriate representation can be arranged for defendant in a timely manner. IX. NONDISCRIMINA nON The Contractor shall strictly abide by all local state and federal anti-discrimination and equal employment opportunity laws and policies in regard to hiring and employment laws and practices, and in regard to providing the services to defendants. X. TERM a. This contract shall terminate on December 31, 2009, unless the City and Contractor agree, in writing, to extend the term for an additional period of time. The such agreement of extension shall be completed not less than 30 days prior to the applicable termination date. -3- b. Notwithstanding the foregoing, in the event of violations of the Rules of Professional Conduct, any breach of this contract, or other good cause, either party may terminate the contract after providing the other party with written notice ofthe deficiency and an opportunity to correct any such deficiency within a thirty day period. Notice of such deficiency and required date of cure, and notice of termination must be in writing. XI. JURISDICTION AND VENUE This contract shall be construed and interpreted in accordance with the laws of the State of Washington. It is agreed that Clallam County, Washington, shall be venue should any legal action be pursued to enforce or interpret the terms of this contract XII. CONTRACT ADMINISTRATOR This contract shall be administered for the City by the City Manager, or his designee. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written below. CITY OF PORT ANGELES CONTRACTOR Date: Date: \.\,- d- () - 0 CA \ . VED AS TO fORM: 1. I <;&b!;tUf~ . lam E. Bloor, City Attorney ATTEST: ~~~a14W~ Becky J. Up on, City Clerk '\" :).-. G.\Legai~ B~SkupIAGREEJMENTS&CONTRACTS\2009 Agrmts&ContractslMyers. SupplementalPublicDefenderContract. 040909. wpd .:'" " -4-