HomeMy WebLinkAboutPK15-002 - Original - Stewart MacNichols Harmell, Inc. P.S. - Agreement for Indigent Defense Services - 01/01/2015 REQUEST MAYOR'S SIGNATURE
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Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Merina Hanson Phone Ori inator : 5077
Date Sent: 12/1)/14 Date'Re wired: 12/2'1J14
Return Signed Document to: Merina CONTRACT TERMINATION DATE: 12/31/2017
Hanson
VENDOR NAPE: Stewart MacNichols DATE OF COUNCIL APPROVAL: 12J9J14
Harmell '
Brief Explanation of Document:
Agreement for Indigent Defense Services between the City of Kent and Stewart
MacNichols, Harmell for the period 1/1/,15 - 12/31/17,
All Contracts Must Be Routed Through The Law Department
(This area tp be{cgmp1eted by the Law Department) ,
Received: i
Approval of Law Dept.:
Law Dept. Comments: at „I°k g > t i; i,' lfU
Date Forwarded to Mayor.
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Shaded Areas To Be Completed By Administration Staff
Received:
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Recommendations and sColgments:
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Disposition: G ° � ` T G 04 Of en
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Date Returned:
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AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Agreement is entered into between the city of Kent, A Washington municipal
Corporation, ("City") and Stewart MacNichols Harmell, Inc. P.S., a Washington
professional services corporation, ("Contractor").
I. DEFINITIONS
A. Attorney. Attorneys shall mean attorneys working for the law firm of
Stewart MacNichols Harmell, Inc. P.S., and where appropriate, shall include Rule 9
interns.
B. Contractor. Contractor shall mean the law firm of Stewart MacNichols
Harmell, Inc. P.S., and shall mean each attorney and Rule 9 Intern working for the
Contractor.
C. Defendant. Defendant shall mean a person charged with a misdemeanor or
gross misdemeanor offense that is filed into the Kent Municipal Court as well as
suspects 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 at least 40 hours of attorney services provided pursuant to this
Agreement.
II. DURATION OF AGREEMENT
The term of this Agreement will be from January 1, 2015, through December 31,
2017, unless extended or terminated earlier in a manner permitted by this
Agreement. The parties may, by mutual assent, agree to two one-year extensions
of this agreement under the same terms, with approval to negotiate adjustments
based on Cost of Living increases, increases in the individual salaries of attorneys j
based upon experience, or substantial increases in caseloads.
III. SCOPE OF WORK AND DUTIES OF CONTRACTOR
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A. Criminal Defense Representation - To Whom Provided. Except in cases in
which a conflict of interest exists, Contractor shall provide criminal defense
representation to the following:
1. 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.
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2. All suspects who are permitted access to a public defender while
detained pursuant to an investigation for the offenses of driving under the influence
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(RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503) or
physical control of a vehicle under the influence (RCW 46.61.504) for the purposes
of consulting with the Contractor prior to deciding whether to provide a sample of
breath or blood.
3. All defendants who are not represented by private counsel and who
appear for arraignment in the Kent Municipal Court.
4. All defendants who, while in the custody of the Kent Corrections
Facility, are not represented by private or conflict counsel, who accept
representation by the Contractor, and who appear before the court.
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 a manner acceptable to the court.
C. Representation Provided to Defendants Investigated for Driving Under the
Influence (RCW 46.61.502), Driving Under Twenty-One Consuming Alcohol (RCW
46.61.503), Physical Control of a Vehicle Under the Influence (RCW 46.61.504) or
Another Misdemeanor or Gross Misdemeanor. Contractor shall be available 24
hours per day, seven days per week, by telephone for the purposes of providing
representation to suspects or defendants who are in custody and under
investigation for driving under the influence (RCW 46.61.502), driving under
twenty-one consuming alcohol (RCW 46.61.503), physical control of a vehicle under
the influence (RCW 46.61.504) or any other misdemeanor or gross misdemeanor.
Contractor shall provide the Kent Corrections Facility with telephone numbers of its
attorneys that provide direct access to the attorneys, and shall keep such telephone
numbers up to date. Contractor may designate times in which specific attorneys
may be reached, and shall provide the numbers of alternate attorneys if the
designated attorney cannot be reached.
D. 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-
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custody calendars. Contractor shall provide a sufficient number of attorneys at the
various court calendars to ensure that the court calendars are not delayed due to
insufficient staffing of Contractor's attorneys at the calendars.
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V. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD
Contractor shall be with and actively represent each defendant at all times while a
defendant's case is considered on the court record, and shall adequately inform the
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.
Contractor will coordinate with the City to ensure that adequate confidential
meeting space is available at the Kent Municipal Court and Kent Corrections Facility
for client communications.
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. At a
minimum, Contractor shall endeavor to confer with all defendants about their cases
within 72 hours from the time of appointment and again prior to court hearings. To
that end and without limitation, Contractor will seek timely and confidential
information from each defendant regarding possible defenses, the need for
investigation, mental and physical health issues, immigration status, client goals,
and the advisability of additional discovery.
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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. Timely Response. 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. Contractor shall
keep appropriate written records to demonstrate timely response.
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D. Local Office Required. At all times during the term of this Agreement,
Contractor shall maintain an office either within the city limits of the City, or within
one mile of the city limits of the City. 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.
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 j
providing effective assistance of counsel. At a minimum, Contractor shall meet with
all misdemeanant defendants who are in-custody and appointed to Contractor
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within two court days of the defendant being taken into custody. In addition,
Contractor shall have an attorney available to defendants who are in the custody of
the Kent Corrections Facility on a daily basis. The Contractor will coordinate with
the City to ensure that confidential meeting space is available in the Kent
Corrections Facility. The attorney will respond to inmate requests, respond to
letters and telephone calls, meet with clients and preparing for the defense of the
defendant. These daily meetings shall be separate from court hearings held by
video at the Kent Corrections Facility.
VII. QUALITY OF REPRESENTATION j
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Contractor shall provide services in a professional and skilled manner consistent
with Washington's Rules of Professional Conduct, applicable case law, including but
not limited to Wilbur v. ML Vernon 989 F.Supp, 2d 1122 (2013) (hereinafter the
"Decision"), Washington State Supreme Court Standards for Indigent Defense, the
Constitutions of the United States and Washington, the court rules that define the
duties of counsel and the rights of defendants, and the Resolution regarding
indigent defense services adopted by the city of Kent. Contractor shall be familiar
with and to the extent required by law abide by the "Decision" and the Washington
State Supreme Court Standards for Indigent Defense, currently proposed to take
effect January 1, 2015. At all times during the representation of a defendant, the
Contractor's primary and most fundamental responsibility shall be to promote and
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 Decision and the Washington State Supreme Court
Standards for Indigent Defense including amendments through August 15, 2014;
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.
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B. Training. For each attorney of the Contractor, a minimum of 21 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.
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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.
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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, pursuant to a filed
Notice of Appearance and Demand for Discovery.
XI. NUMBER OF ATTORNEYS EMPLOYED
At the time of signing this Agreement, Contractor employs 15 attorneys who occupy
14.8 fulltime equivalent attorney positions. Contractor shall provide no less than
the number of fulltime equivalent positions so as not to exceed the caseload
limitations provided for in this Agreement. Contractor shall provide to the Human
Services Department an up-to-date list of the names of attorneys and Rule 9
interns providing services under this Agreement, along with the experience of each
attorney and intern.
XII. CASELOAD LIMITS PER FULLTIME EQUIVALENT POSITION
A. Caseload Limits in General. Contractor shall maintain a caseload such that it
can provide each and every defendant effective assistance of counsel as required by
this Agreement. Subject to the remaining subsections of this section, a fulltime
equivalent attorney position shall be appointed to no more than 400 cases per year.
B. Case Defined. For the purposes of this section, the term "case" shall be
defined as provided in Standard 3 of the Standards for Indigent Defense established
by the Washington Supreme Court.
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XIII. SCOPE OF SERVICES, STANDARDS AND WARRANTIES
A. The Contractor, and every attorney and intern performing services under this
Agreement shall certify compliance with Supreme Court Rule and governing case
load quarterly with the Kent Municipal Court on the form established for that
purpose by court rule. At a minimum, Contractor will file a Certification of
Compliance as required by CrRLJ 3.1. The quarterly reports will be based on a
calendar year and each report will be due no later than 30 days after the end of
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each quarter. A copy of each and every such certification shall be provided to the
City with each court filing. The Public Defender and every attorney and/or intern
warrants that he or she shall conform to the case load limitations not only with
respect to services under this Agreement but also with respect to his/her practice
as a whole, including other contracts public defense and/or private practice.
B. The Contractor will develop a system that properly records interactions and
work performed on behalf of public defense clients to include:
i. Attempts and actual contact with clients within 72 hours of
appointment in the manner developed by the contractor to protect
client confidentiality;
H. Responses to jail kites (requests for assistance from inmates
incarcerated in the Kent Correctional Facility);
iii. Documentation of the following topics that shall be discussed with
clients to include but not be limited to:
1. Possible defenses
2. Need for independent investigation
3. Existing physical or mental health issues
4. Immigration status and consequences
5. Client goals
6. Possible dispositions
7. Need for additional discovery
8. Possible case disposition in the manner developed by the
contractor to protect client confidentiality
iv. In the event a defendant who has been assigned a public defender
wishes to enter a plea of guilty at his or her first meeting with the
Public Defender, documentation demonstrating the Public Defender's
information and statement to the defendant about the risks associated
with a plea at that time. This information will only be turned over to
the City under circumstances that do not violate the RPC's (i.e.
pursuant to court order)
C. Contractor will maintain and provide to the City a quarterly report detailing:
i. The number of cases assigned during the period;
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ii. The number of cases in which an investigator was utilized;
iii. The number of cases that were set for jury call including cases
in which the defendant failed to appear;
iv. The number and type of criminal cases handled outside of this
contract, including cases assigned by another public entity to
the attorneys assigned to this contract; and
V. The percentage of the Contractor's practice spent in private
defense representation, civil or other non-criminal matters by
the attorneys assigned to this contract.
D. The Contractor further warrants that it will accomplish the following:
L Staff a Public Defender at the court, as necessary, and the jail
to meet with defendants who are in custody or who are
appointed in court;
ii. Staff a Public Defender at the court when the screener is
present to facilitate a client intake and meeting;
E. The Contractor promises that it will promptly notify the City if any
circumstance, including change in rule or law, renders it difficult or impossible to
provide public defense services in compliance with the Decision and/or Standards.
F. City may retain a consultant at some point in the future to monitor
Contractor's compliance with the Standards and other legal authority. Contractor
agrees to negotiate in good faith with City should the consultant seek additional
information beyond that already contemplated by this agreement. Contractor shall
not be required to compromise any attorney-client privilege when providing these
reports.
XIV. REFUSING APPOINTMENTS
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A. Caseload Monitoring. Contractor shall continually monitor its caseload and
performance both as a whole and for each attorney providing services pursuant to
this Agreement. Contractor shall provide quarterly 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.
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
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the reduced portion of the caseload to another attorney employed by the
Contractor.
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
refusing further appointments, Contractor shall, to the extent such action will not
compromise the rights of the client, 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.
XV. 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.
XVI. 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.
XVII. 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 j
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 monthly;
3. Monitor the caseload of the Contractor and each attorney providing
services pursuant to this Agreement;
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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.
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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.
XVIII. 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 Human Services
Division determines that an attorney working for the Contractor has breached this
Agreement, the Human Services Division 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.
XIX. CITY CONTRACT ADMINISTRATOR - CONTRACT OVERSIGHT j
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A. 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
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or certifications required by this Agreement shall be delivered to the Human
Services Department.
B. The Human Services Department shall monitor the Contractor regularly to
assure that Contractor files the reports and certifications required in Section
XIII above.
C. The Human Services Department may retain an outside expert to perform
random reviews of Public Defender cases on an annual basis. The Contractor
will make information available, without disclosing client names or identifying
information, to the City through the Human Services Department, and will
cooperate fully with the expert to the extent that the cooperation does not
violate client confidences.
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 by the Contractor. In the event a complaint is received by the
contractor or by the Housing and Human Services Division, a partner level attorney
(excluding the attorney for whom the compliant is regarding) will investigate the
complaint. The reviewing attorney should review the entire file on the matter,
court records, documents, dockets and any other information necessary to
investigate the complaint. The reviewing attorney will inform the complainant of
the results if their internal investigation, and if the complainant is still unsatisfied,
will inform the complainant that the matter will be forwarded to the Human
Services Division. In the event the complaint is referred to the Human Services
Division, the reviewing attorney will forward the complaint and the results of its
investigation to the Human Services Division. Contractor shall not be required to
compromise any attorney client privilege when providing the results of the internal
investigation.
C. Investigation by the City. 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 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. The Contractor shall fully cooperate in the City's investigation process.
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D. 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 to the extent that to do so
will not compromise the attorney/client relationship..
XXI. REVIEW AND RENEGOTIATIONS
A. Case Counts. Based on the counts maintained by Public Defenders and
reviewed by the City, current estimates for annual case counts for all indigent
defense cases filed by the City is approximately two thousand eight hundred (2800)
cases per year. As provided in the Standards, the case counts also include the
Public Defender's appearance at all arraignments calendars as a provisional
appointment. The term "case" and "credit" shall be defined in accordance with the
Washington State Supreme Court rule and Washington Office of Public Defense
guidelines. The City has adopted an unweighted case count.
B. Increases or Decreases in Case Load. The City and the Public Defender shall,
at the option of either party, renegotiate this contract if there is a significant
increase or decrease in the number of cases assigned. Significant "decrease" shall
mean a change of more than ten percent (10%) in the number of cases assigned.
If cases are estimated to approach or exceed three thousand and eighty (3080)
cases per year or seven hundred and seventy (770) cases per quarter, the parties
may renegotiate this contract to increase case coverage and compensation to Public
Defender. At the request of either party, the City and Public Defender will
periodically review case assignment trends and any other matters needed to
determine contract compliance or necessary contract modifications. Public Defender
shall promptly notify the City when quarterly caseloads can reasonably be
anticipated to require use of overflow or conflict counsel to assure that cases
assigned to Public Defender remain within the limits adopted in this contract and
comply with state and local standards.
C. Renegotiation Due to Chanoe in Rule or Standard. This contract may be
renegotiated at the option of either party if the Washington State Supreme Court,
the Washington State Bar or the City significantly modifies the Standards for
Indigent Defense adopted pursuant to the Court rule or City Ordinance/Resolution.
XXII. 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. Without limiting the foregoing,
Contractor's failure to render adequate representation to its clients, its willful
disregard of the rights and best interests of its clients, or the willful disregard of the j
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Decision or court rule standards will constitute good cause for termination. 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 one-hundred
eighty (180) days prior written notice.
XXIII. CONTINUATION OF REPRESENTATION AFTER TERMINATION
In the event of termination of this Agreement and to the extent the client can be
adequately represented, all cases assigned prior to the Agreement term expiration,
including those which have not reached resolution, initial or otherwise, shall be
transferred to the new service provider as efficiently and practicably as possible,
and within the guidelines and restrictions of the Rules of Professional Conduct.
Cases in progress at the Agreement expiration or termination will be compensated
at one hundred-forty dollars ($140.00) per hour until completed or transferred to
the new service provider, whichever is most efficient and simultaneously allows for
the protection of the rights of the accused.
XXIV. 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
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and
upon completion of the contract work, file the attached Compliance Statement.
XXV. PROOF OF LIABILITY INSURANCE
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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,
XXVI. 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
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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.
XXVII. COMPENSATION
A. Payment for Services. The City shall provide to Contractor for services
rendered under this Agreement the sum of SEVENTY FIVE THOUSAND DOLLARS
($75,000.00) per month from January 1 2015, through December 31, 2017.
Attorney shall bill the City each month for services rendered herein. In the event
this Agreement is terminated pursuant to the provisions set forth in this
Agreement, the Contractor's compensation shall be prorated based upon the
number of months and portions of months which have elapsed between the
commencement of the year and the effective date of termination.
B. Billing. The Contractor shall bill the City, in care of the City's Housing and
Human Services Division, by the loth day of the month 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.
D. The Contractor further warrants that the compensation provided under this
Agreement is sufficient to provide all support, training, administrative and staff
services, routine investigations, and all other systems, staffing, or infrastructure
necessary to comply with the Decision and Standards, except as provided in
Subsection XXVII.E below. By way of example, and except as provided in Section
XXVII.E, this includes costs related to travel, telephones, law library including
electronic research, financial accounting, case management systems, computers
and software, office space and supplies, training, meeting the requirements
imposed by the Washington Supreme Court Standards for Indigent Defense, and
other costs incurred in the day-to-day management of the services called for by
this Agreement.
E. The City may pay for non-routine case expenses when reasonably incurred
and preauthorized by the Court or the City from funds available for that purpose,
unless the services are performed by Contractor's staff or subcontractors.
Examples of potential non-routine, preauthorized expenses that might be subject to
additional reimbursement include, but are not limited to:
Agreement for Indigent Defense Services Page 13 of 21 �I,
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1. Investigation expenses
2. Medical and psychiatric evaluations
3. Expert witness fees and expenses
4. Interpreters
5. Polygraph, forensic and other scientific tests
6. Medical records
7. Any other non-routine expenses the Court finds necessary and proper
for the investigation preparation, and presentation of a case.
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XXVIII. 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.
XXIX. 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.
XXX. 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.
XXXI. 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
Agreement for Indigent Defense Services Page 14 of 21 ill
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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.
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XXXII. 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.
XXXIII. 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 N. Scott Stewart
City of Kent Stewart MacNichols
220 Fourth Ave. S. Harmell, Inc. P.S.,
Kent, WA 98032 655 W. Smith Street, Suite 210
Kent, WA 98032
XXXIV. ENTIRE AGREEMENT — AMENDMENTS
This instrument contains the entire Agreement between the parties for the
contemplated work and services to commence January 1, 2015, and it may not be
enlarged, modified, altered, or amended except in writing signed and endorsed by
the parties.
XXXV. DUPLICATE ORIGINALS
This Agreement is executed in duplicate originals.
XXXVI. EFFECTIVE DATE
The terms of this Agreement shall take effect on January 1, 2015,
CITY: ATTORNEY:
City of Kent Stewart MacNichols
Harmell Inc., P.S.
Print- e� Suzette Cooke Print Name:Kf
Title: Mavor Title: PAPI 6
Dated:�l i`/ Dated: i"ii sr 4
Agreement for Indigent Defense Services Page 15 of 21
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ATTEST;
1914
i-'Ronald F. oor�lty Clerk
APPRPVD:
( ath rin Johnson, H using and Human
Servic "Manager, City of Kent
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Agreement for Indigent Defense services Page 16 of 21
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
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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.
5. 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 ~! ' day of
C 7F"Cck 1H A� 2014.
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By:
For: S( r N C.t 71C~1CLS 1�142F -w,_
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
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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.
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EEO COMPLIANCE DOCUMENTS - 2
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_
(date) 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:
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EEO COMPLIANCE DOCUMENTS - 3
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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 injuries 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.
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.
C. Other Insurance Provisinns
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.
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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.
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