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HomeMy WebLinkAboutPK12-032 - Original - Jordan Law Office, P.S. - Indigent Defense Services - 04/01/2012 9 AGREEMENT FOR INDIGENT DEFENSE SERVICES This Agreement is entered into between the city of Kent, A Washington municipal Corporation, ("City") and JORDAN LAW OFFICE, P.S., A Washington professional services corporation, ("Contractor"). I. DEFINITIONS A. Attorney. Attorneys shall mean attorneys working for the law firm of Jordan Law Office, P.S., and where appropriate, shall include Rule 9 interns. B. Contractor. Contractor shall mean the law firm of Jordan Law Office, P.S., and shall mean each attorney working for the Contractor. C. Defendant. Defendant shall mean a person charged with a misdemeanor or gross misdemeanor offense that is filed by the City into the Kent Municipal Court, who by reason of a conflict of interest cannot be represented by the law firm of Stewart, Beall, MacNichols and Harmell, Inc., P.S., and for whom the Contractor must provide services pursuant to Section III of this Agreement. D. Full Time Attorney Equivalent Position. Fulltime attorney equivalent position shall mean 40 hours of attorney services provided pursuant to this Agreement. II. DURATION OF AGREEMENT This Agreement shall terminate on December 31, 2014, unless extended or terminated earlier in a manner permitted by this Agreement. III. SCOPE OF WORK AND DUTIES OF CONTRACTOR A. Criminal Defense Representation— To Whom Provided. Except in cases in which a conflict of interest exists, Contractor shall provide criminal defense representation to all defendants who are charged with a criminal offense which falls within the jurisdiction of the Kent Municipal Court, and for which the Contractor has been appointed by the Kent Municipal Court as attorney of record pursuant to the Court's determination of indigence of the defendant, and who, by reason of a conflict of interest, cannot be represented by the law firm of Stewart, Beall, MacNichols and Harmell, Inc., P.S. B. Provisional and Temporary Appointments. Contractor shall provide representation of defendants at arraignment and during in-custody hearings despite the fact that Contractor may only be provisionally or temporarily appointed to represent the defendants at arraignment and during the in-custody hearings; provided, that in the event a defendant wishes to enter a plea at arraignment, the Contractor shall request that the court accept the plea only after the defendant waives the right to an attorney in manner acceptable to the court. Agreement for Conflict Indigent Defense Services Page 1 of 16 C. Duration of Representation of Defendant. In cases in which the Contractor is appointed as attorney of record, and unless Contractor is permitted by the court to withdraw at an earlier time, Contractor shall represent the defendant at all stages of the criminal process, from the time of appointment by the court as attorney of record through the appeals process (provided that funding for appeals beyond superior court shall be pursuant to the terms of Title 15 of the Rules of Appellate Procedure), as well as during any period in which the court retains jurisdiction over the terms and conditions of any sentence or deferral. IV. APPEARANCE AT HEARINGS Contractor shall appear at all hearings scheduled by the Kent Municipal Court in which it represents defendants, as well as all arraignment calendars and all in- custody calendars. Contractor shall provide a sufficient number of attorneys at the various court calendars to ensure that defendants have a sufficient amount of time to consult with the Contractor's attorneys prior to each defendant's case being heard, and to ensure that the court calendars are not delayed due to insufficient staffing of Contractor's attorneys at the calendars. V. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD Contractor shall be with and actively representing defendant at all times while defendant's case is considered on the court record and shall adequately inform the q Y defendant of the developments in his or her case such that the defendant proceeds during any court hearing in a knowing, intelligent, and voluntary manner. VI. DEFENDANT ACCESS TO CONTRACTOR A. Contact Prior to Court Hearings. Contractor shall be available to defendants to ensure that defendants are provided with effective assistance of counsel. Defendant access to the Contractor prior to court hearings is paramount. Contractor shall endeavor to confer with defendants about cases prior to court hearings. B. Toll Free Calls. Defendants shall be provided access to the Contractor by means of a toll-free local call from a Kent telephone number made available by the Contractor. C. Time to Respond. Contractor shall respond to defendant inquiries within a reasonable time to ensure the effective assistance of counsel, whether such inquiries are received by letter, telephone, email, or otherwise. D. Office Required. At all times during the term of this Agreement, Contractor shall maintain an office within the King or Pierce County area. The office of the Contractor shall accommodate confidential meetings with defendants, shall be equipped with telephone, facsimile, and internet services, shall receive adequate cellular telephone service, and shall be the location at which mail and service of process is received. Agreement for Conflict Indigent Defense services Page 2 of 16 E. Availability for and Contact with In-Custody Defendants. Contractor shall evaluate the cases of all defendants in the custody of the Kent Corrections Facility, and shall meet with in-custody defendants as the Contractor deems appropriate for providing effective assistance of counsel. At a minimum, Contractor shall meet with all misdemeanant defendants who are in-custody within two court days of the defendant being taken Into custody. VII. QUALITY OF REPRESENTATION Contractor shall provide services in a professional and skilled manner consistent with Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the United States and Washington, and the court rules that define the duties of counsel and the rights of defendants. Contractor shall be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association on June 3, 2011. At all times during the representation of a defendant, the Contractor's primary responsibility shall be to protect the Interests of the defendant. VIII. QUALIFICATIONS OF CONTRACTOR ATTORNEYS - TRAINING A. Qualifications. All attorneys employed by Contractor for the purposes of providing the services called for in this contract shall, at a minimum, satisfy the minimum qualifications to practice law as established by the Washington Supreme Court; be familiar with and follow the statutes, court rules, case law and constitutional law applicable to misdemeanor criminal defense work in the state of Washington, be familiar with and abide by Washington's Rules of Professional Conduct, be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association on June 3, 2011; be familiar with the consequences to each particular defendant of any conviction or adjudication including but not limited to jail time, financial penalties, restitution, mental health or drug and alcohol treatment obligations, license suspensions, and immigration or civil commitment implications; be familiar with mental health and substance abuse issues applicable to each defendant, be able to recognize the need for expert services including but not limited to investigators; and be able to satisfy the terms and conditions of this Agreement. B. Training. For each attorney of the Contractor, a minimum of 32 of the reportable continuing legal education credits per reporting period shall be in the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work, law practice management, or any other subject that, in the opinion of the Contractor, is applicable to providing criminal defense services. Agreement for Conflict Indigent Defense Services Page 3 of 16 IX. USE OF RULE 9 INTERNS A. Workload of Rule 9 Interns. Contractor may employ interns qualified under Admission to Practice Rule 9 who perform work pursuant to this Agreement. Rule 9 interns shall remain under the supervision of the contractor, and an attorney for Contractor shall remain responsible for the cases for which the Rule 9 provides services, B. Qualifications of Rule 9 Interns. Rule 9 interns shall be required to abide by Sections VII and VIII except that Rule 9 interns shall not be required to complete the training requirements of Section VIII, and in place of the requirement to satisfy the minimum qualifications to practice law as established by the Washington Supreme Court, the Rule 9 intern must comply with the provisions of APR 9. Rule 9 interns shall be closely monitored by the more senior attorneys of the Contractor. X. DISCOVERY TO BE PROVIDED The City shall provide Contractor one (1) copy of all discoverable material concerning each assigned case. XI. NUMBER OF ATTORNEYS EMPLOYED At the time of signing this Agreement, Contractor employs one (1) attorney who occupy one (1) fulltime equivalent attorney positions to serve this Agreement. XII. REFUSING APPOINTMENTS A. Caseload Monitoring. Contractor shall continually monitor the caseload and performance of Contractor as a whole and each attorney providing services pursuant to this Agreement Contractor shall provide projections at least three months in advance regarding the caseload limits based upon the number of attorneys employed by Contractor and trends in case filings or appointments received. B. Caseload Level Shifting. In the event an attorney is handling a caseload such that the attorney is unable to provide effective assistance of counsel to each and every defendant, Contractor shall reduce the caseload of that attorney, and shift the reduced portion of the caseload to another attorney employed by the Contractor if another attorney is available. C. Refusal of Appointments. Contractor shall monitor the total number of cases handled by Contractor pursuant to this Agreement. In the event Contractor is handling an excessive number of cases such that Contractor is unable to provide each and every defendant with effective assistance of counsel, then Contractor shall refuse further appointment of cases until such time as Contractor employs additional attorneys or the number of cases per attorney is reduced. Work performed pursuant to this Agreement shall be Contractor's priority, and prior to Agreement for Conflict Indigent Defense Services Page 4 of 16 refusing further appointments, Contractor shall attempt to withdraw from cases that Contractor handles that are not within the scope of this Agreement and shall refuse to accept cases from clients outside of the scope of the work called for in this Agreement. XIII. EXPERTS AND INVESTIGATORS Contractor may retain experts and investigators of the Contractor's choosing as deemed necessary to the effective defense of the defendant, and may apply to the court for such services pursuant to applicable court rules. The fees for expert witnesses shall be included in the costs that the City pays Contractor except as ordered by the Court pursuant to CrRU 3.1(f). XIV. COSTS OF TRANSCRIPTION The City agrees to reimburse the Contractor for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. XV. CONFLICTS OF INTEREST Contractor shall maintain a database of client information sufficient for the Contractor to determine the existence of any conflicts of interest. In the event representation of a defendant would constitute a conflict of interest, Contractor shall take such action as is appropriate pursuant to the Rules of Professional Conduct. In the event the Contractor is disqualified or excused as counsel of record due to a conflict of interest, Contractor shall not be required to pay any compensation to another attorney assigned to represent the defendant. XVI. INTERNAL PERFORMANCE MONITORING AND ATTORNEY SUPERVISION A. Performance Monitoring In General. Contractor shall establish a program for managing the performance of attorneys who provide the services called for in this Agreement. The performance monitoring program shall have the purpose of ensuring that each defendant receives effective assistance of counsel, and the terms and conditions of this Agreement are met. The monitoring program shall be developed and administered by the Contractor, and shall: 1. Be actively performed and managed by a partner-level attorney of the Contractor; 2. Be continual in nature. Monitoring shall occur no less than quarterly; provided, caseload monitoring shall occur no less than weekly; 3. Monitor the caseload of the Contractor and each attorney providing services pursuant to this Agreement; Agreement for Conflict Indigent Defense Services Page 5 of 16 4. Monitor the performance of each employee who provides services pursuant to this Agreement; 5. Hold employees accountable for deficient performance of the services called for in this Agreement; 6. Have measures to correct the deficient performance of employees performing under this Agreement; and 7. Contain measures to develop and improve the performance of each employee providing services pursuant to this Agreement. B. Monitoring Program — Scope of Review. The monitoring program shall, at a minimum, be designed to review the following of each attorney or Rule 9 intern: 1. Knowledge of the law and expectations of criminal defense counsel 2. Preparation of cases 3. Responsiveness to clients 4. Effectiveness of in-court interactions with clients 5. Effectiveness in the courtroom 6. Negotiation skills and strategy 7. Attorney or Rule 9 caseload C. Program Certification. The internal monitoring program shall be submitted to the Housing and Human Services Division within 30 days of the execution of this Agreement. Contractor shall certify no less than annually that monitoring has occurred in conformity with this Agreement. XVII. REMOVAL OF ATTORNEY A. Removal by Contractor. In the event Contractor determines, through its internal performance monitoring and attorney supervision program that an attorney or Rule 9 intern working for Contractor fails to comply with the terms of this Agreement, then Contractor shall immediately take action to prevent that attorney or Rule 9 from providing the services called for in this Agreement. B. Recommendation of Removal by City. In the event the City determines that an attorney working for the Contractor has breached this Agreement, the City may, at its sole discretion and as an alternative to termination of this Agreement, require Contractor to take action to prevent that attorney from providing the services called for in this Agreement. Agreement for Conflict Indigent Defense Services Page 6 of 16 XVIII. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT This Agreement shall be managed and monitored by the Housing and Human Services Division of the City's Parks Department or by such other division of the City as determined by the City's Chief Administrative Officer. All reports or certifications required by this Agreement shall be delivered to the Human Services Department. XIX. REPORTS OF CONTRACTOR Contractor shall maintain a case reporting and case management information system, and shall submit reports to the Housing and Human Services Division as follows: A. Reports shall be submitted on a quarterly basis and shall be a condition of payment pursuant to Section XXVI. B. Reports shall contain the following information: 1. Number of cases to which Contractor was appointed 2. The names of defendants to which Contractor was appointed 3. The case number starting with "K" 4. The date of appointment 5. The charge(s) filed against the defendant 6. The case weight assigned to the case pursuant to Section XII 7. The number of appellate level cases pending 8. The average number of cases handled per full time attorney equivalent by Contractor over the reporting period C. Contractor shall not be required to compromise any attorney-client privilege when providing these reports. XX. COMPLAINTS AND CORRECTIVE ACTION A. Complaints Directed to Housing and Human Services Division. Any complaints regarding Contractor or an attorney or Rule 9 providing services pursuant to this Agreement, whether received by the City, the Contractor, or the Court, shall be directed to the Housing and Human Services Division. B. Investigation. In the event a complaint is received by or directed to the Housing and Human Services Division, and is not timely resolved by a partner level attorney of the Contractor to the satisfaction of the complainant, the Housing and Human Services Division will investigate the complaint by reviewing the complaint, discussing the matter with the complaining party, discussing the matter with the Contractor, and determining whether a violation of this Agreement has occurred. The Housing and Human Services Division may consult with legal counsel other Agreement for Conflict Indigent Defense Services Page 7 of 16 1 7 Y 1 than the City Attorney's Office, or another expert as deemed necessary, in order to resolve the complaint. In addition, the Housing and Human Services Division may consult with the Washington State Bar Association when appropriate. C. Corrective Action Plan or Termination. In the event the Housing and Human Services Division determines that a violation has occurred, the Housing and Human Services Division may develop a corrective action plan or terminate this Agreement in the event it is determined that termination is appropriate. Contractor shall cooperate in any investigation of a complaint, and any corrective action plan developed by the Housing and Human Services Division. XXI. TERMINATION A. For Cause. The City or the Contractor may terminate this Agreement immediately in the event the other party breaches the Agreement and such breach is not corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Each and every term of this Agreement is material. The failure of any party to comply with any term of this Agreement shall constitute a breach of this Agreement. B. For Reasons Beyond Control of Parties. Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control such as, but not limited to, acts of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. C. Without Cause. Either party may terminate this Agreement at any time without cause upon giving the non-terminating party not less than ninety (90) days prior written notice. XXII. CONTINUATION OF REPRESENTATION AFTER TERMINATION In the event of termination of this Agreement, Contractor shall continue representation of defendants to whom Contractor was assigned prior to the i termination until such time as another defender has been appointed to represent such defendants. Except in cases in which the Contractor is unable to provide services in conformance with this Agreement, Contractor shall not submit to the court a motion to withdraw from representing defendants to which the Contractor was assigned until such time as new counsel has submitted a motion to substitute counsel XXIII. NON-DISCRIMINATION Contractor shall not discriminate in the hiring of employees or the provision of services pursuant to a contract with the City, and shall be required to execute a certification of compliance with the City's policy regarding minority and women contractors. Contractor shall execute the attached City of Kent Equal Employment Agreement for Conflict Indigent Defense Services Page 8 of 16 a Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XXIV. PROOF OF LIABILITY INSURANCE Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XXV. INDEMNIFICATION Contractor shall indemnify, defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever related to or arising from the performance of the Contractor's obligations pursuant to this Agreement, including but not limited to claims arising out of the errors and omissions of the Contractor relating to the representation or lack of representation of clients, and/or by reason of accident, injury, or death caused to any persons or property of any kind occurring during the performance or lack thereof of the work required by this Agreement, or traveling to or from any place to perform the work required by this Agreement, except to the extent they are caused by the sole negligence of the City. The failure of the Contractor to carry insurance in a quantity sufficient to defend a claim or lawsuit or cover any judgment that results shall not operate to limit the Contractor's indemnification or defense of the City. This indemnification section shall survive the expiration or termination of this Agreement. XXVI. COMPENSATION A. Payment for Services. The City shall provide to Contractor for services h rendered under this Agreement the sum of $3,200.00 per month Attorney shall bill the CrtY each month for services rendered herein. B. Billing. The Contractor shall bill the City, in care of the City's Housing and Human Services Division, on the first day of the month, or the first workday thereafter for the monthly installment set forth in subsection A of this section, and any transcription costs as permitted by this Agreement. C. Payment. The City shall make payments within 30 days of receipt of Contractors bill. Except as provided elsewhere in this Agreement, the payment set forth in this section shall be inclusive of administrative costs, support costs, and all costs associated with the conduct of the Contractor's business. XXVII. SUBCONTRACTING PROHIBITED Except in extraordinary circumstances, Contractor shall not subcontract with another attorney or law firm to provide the services required herein. Contractor shall remain directly involved in and responsible for the representation of all assigned defendants. Agreement for Conflict Indigent Defense Services Page 9 of 16 t -0 XXVIII. ASSIGNMENT PROHIBITED No assignment or transfer of this Agreement or of any interest in this Agreement shall be made by either of the parties, without prior written consent of the non- assigning party. XXIX. AGREEMENT APPLICABLE TO ALL EMPLOYEES AND VOLUNTEERS The terms of this Agreement shall apply to all persons who are employed by, or who volunteer for, the Contractor, including but not limited to attorneys, interns, paralegals, office assistants, secretaries, and investigators. XXX. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND NOT EMPLOYEE This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. Contractor shall secure at its own expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, worker's compensation, and all other payroll deductions for the Contractor and its officers, agents, and employees and the costs of all professional or business licenses in connection with the services to be performed hereunder. Contractor shall be solely responsible for any and all claims or lawsuits filed against Contractor by personnel employed by the Attorney related to the conditions or terms of employment by the Contractor, and the Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits. Contractor further agrees that its employees are not considered employees of the City for the purposes of participating in any state or federal program, including but not limited to the retirement program provided by the Washington Department of Retirement Services, and in the event that a claim is made to the contrary by any employee or volunteer of the Contractor, Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits and shall pay all awards ordered against the City for such claims or lawsuits XXXI. ADDITIONAL SERVICES Contractor may be requested to perform additional services beyond the original scope of services as defined in section 1 of this Agreement. Such work will be undertaken only upon written authorization of the City based upon an agreed amount of compensation. Agreement for Conflict Indigent Defense Services Page 10 of 16 c 3 XXXII. NOTICES All notices and other written documentation shall be sent to the parties at the following addresses unless otherwise requested in writing: City of Kent: Contractor: Mayor Jordan Law Offices, P.S. City of Kent 2201 N. 30th Street 220 Fourth Ave. S. Tacoma, WA 98403-4040 Kent, WA 98032 XXXIII. ENTIRE AGREEMENT — AMENDMENTS This instrument contains the entire Agreement between the parties for the contemplated work and services to commence April 1, 2012, and it may not be enlarged, modified, altered, or amended except in writing signed and endorsed by the parties. XXXIV. DUPLICATE ORIGINALS This Agreement is executed in duplicate originals. XXXV. EFFECTIVE DATE The terms of this Agreement shall take effect on April 1, 2012. CITY: A NEY: City of t Vated. ame: Suzette Cooke rin Na e Title: arcs�— Dated: s ATTEST: Brenda Jacober, C&tlerk APPROVED: f Kath in n on, H sing a an Services Manager, City of Ken Agreement for Conflict Indigent Defense Services Page 11 of 16 DECLARATION 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this a g� day of P� 2012. By: (� For: L vd Title: d?�'S Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 • j CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for in3uries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. 41 A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. h C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect 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. 2. 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. I i i i EXHIBIT A (Continued) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. a a 03/13/2012 14: 09 2536274157 JORDAN LAW PAGE 02/03 dams Lawyers P . rofessional Liability. - . Declarations ® Darwin National Assurance Company Policy Number: 0304-4112 Main Administrative Office Address: Corporate Address: 9 Farm Springs Road 1807 North Market Street Farmington, CT 06032 Wilmington, DE 19802 THIS IS A CLAIMS MADE POLICY WHICH APPLIES ONLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING PERIOD, AND REPORTED IN ACCORDANCE WITH SECTION IV.I. OF THE POLICY. THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES WILL BE REDUCED AND MAY BE EXHAUSTED BY CLAIMS EXPENSES AND CLAIMS EXPENSES WILL BE APPLIED AGAINST THE RETENTION AMOUNT. IN NO EVENT WILL THE INSURER BE LIABLE FOR CLAIMS EXPENSES OR DAMAGES IN EXCESS OF THE APPLICABLE LIMIT OF LIABILITY, PLEASE READ THE ENTIRE POLICY CAREFULLY. Item 1. Name and Mailing Address of Named Insured: Jordan Law Office, P S. 2201 North 30th Street Tacoma, WA 98403 Item 2. Policy Period- Inception Date, February 1, 2012 Expiration Date- February 1, 2013 At 12.01AM Standard Time at the Mailing Address shown above Item 3. Limit of Liability(inclusive of Claims Expenses): (a) $1,000,000 maximum limit of liability per CLAIM (b) $1,000,000 maximum aggregate limit of liability for all CLAIMS Item 4. Retention: $2,500 each and every CLAIM Item 5. Notices required to be given to the Insurer must be addressed to: For Notice of Claims and Circumstances- For All Other Notices- noticeoflossAdarwinoro com 9 Farm Springs Road Farmington, CT 06032 Item 6. Premium: DRWN E4405 (9/2008) 03/13/2012 14:09 2536274157 JORDAN LAW PAGE 03/03 Item 7. Retroactive Date: None-Prior Acts Coverage Provided Item S. Endorsements Attached at Issuance: 1 el 122 (09/2008)Washington State Amendatory 2 v2115 (05/2009) Privacy Wrongful Acts Coverage, With Notice And Credit Monitoring Costs 3.v2671 (01/2011)Omnibus Endorsement THESE DECLARATIONS, THE POLICY FORM, ANY ENDORSEMENTS AND THE APPLICATION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE INSURER AND THE INSURED RELATING TO THIS INSURANCE In Witness Whereof,the Insurer has caused this Policy to be executed by its authorized officers. SECRETARY PRESIDENT AUTHORIZED SIGNATURE Licensed Agent License Number If the policyholder wishes to present Inquiries or obtain Information about overage or to provide assistance in resolving complaints, please contact Darwin Professional Underwriters at(860)2" 1300. DRWN E4405 (912008) OP ID:T7 A`co,Ro CERTIFICATE OF LIABILITY INSURANCE DAT03/14MD2 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT, If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 425-489-4500 CONTACT Hub International NW/HCJ 425-489-4501 PHONE I FAX PO Box 3018 E-MI Ex A C No Bothell,WA 98041-3018 PRORESS DUCER LPL-WA Lawyers-HCJ cusroM RID 0 JORLA-2 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Jordan Law Office INSURER Darwin National Assurance Co Michael Jordan INSURER B 2201 North 30th Street INSURERC Tacoma,WA 98403 INSURER D INSURER INSURER F COVERAGES CERTIFICATE NUMBER, REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NNSR TYPE OF INSURANCE ADDL U POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER M/DD/YYYY MM/DDIYYVY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE T FEN COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE1:1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAJTOS (Per acatlent) $ NON�OWNEDAUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS LIABILITY YIN !QC ER ANYPROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatorym NH) EL DISEASE-EA EMPLOYEd S If yes descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT I$ A Lawyers Prof Llab 031 112 02101/12 02/01/13 Perclaim 1,000,000 Aggregate 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,U more space Is required) Deductible $2,500 Each Claim CERTIFICATE HOLDER CANCELLATION KENTHOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Kent Housing& THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City g ACCORDANCE WITH THE POLICY PROVISIONS Human Services Attn:Jason Johnson AUTHORIZED REPRESENTATIVE Kent 4th Avenue South Kent,WA 98032 ©1988-2009 ACORD CORPORATION All rights reserved ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD REQUEST FOR MAYOR'S SIGNATURE ENT Please Fill In All Applicable Boxes K , Routing Information ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT Originator: Jason Johnson Phone (Originator): 5061 Date Sent: 03/08/2012 Date Required: Return Signed Document to: Jason CONTRACT TERMINATION DATE: 12/31/2014 Johnson, Div. Human Services VENDOR NAME: Jordan Law Offices DATE OF COUNCIL APPROVAL: 03/06/2012 Brief Explanation of Document: The law firm of Stewart, Beall, MacNichols and Harmell, contracts with the City to provide counsel to indigent defendants In a case where Stewart, Beall, MacNichols and Harmell, has a conflict of interest, the court appoints other counsel to represent that defendant. That counsel is Michael Jordan and James Feldman of Jordan Law Office. Attached is the new agreement with Jordan Law Offices P.S. Inc. for $37,200 a year representing roughly 250 incidents. This agreement amount would be pro-rated for 2012 as the start date for this work would begin April 1, 2012. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: � n Law Dept. Comments: >MAR 13 012 6k Date Forwarded to Mayor: 3 (mZ Shaded Areas To Be Completed By Administration Staff Received: D)�r J E V' ILI Recommendations and Comments: CITY Of K114T Disposition:��/��/Z ��i Z�dt /7Z� L- f� C1TY CtERK 00, Date Returned: