HomeMy WebLinkAbout1855Resolution No. 1855
(Amending or Repealing Resolutions)
CFN == 122 -Police/Fire Departments
Passed -3/6/2012
Indigent Defense Findings -Two separate contracts for indigent defense
services
RESOLUTION NO. /J' !)[;"
A RESOLUTION of the city council of the
city of Kent, Washington, adopting findings relating
to the indigent defense services agreements and
authorizing the Mayor to enter into two separate
contracts for indigent defense services.
RECITALS
In support of authorizing the Mayor to sign contracts with the law
firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., and the Law
Office of Michael Jordan, P.S., for the provision of indigent defense
services, the City Council for the city of Kent makes the findings as set
forth below.
RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. -Findings.
A. On April 19, 2011, the City Council adopted Resolution No.
1843. Resolution No. 1843 was passed pursuant to the requirements of
1 Resolution
Indigent Defense Findings
Chapter 10.101 RCW and in order to ensure that indigent defendants who
are charged with crimes that are filed into the Kent Municipal Court receive
a Constitutionally appropriate level of criminal defense.
B. In April, 2011, the contract with the law firm of Stewart,
Beall, MacNichols, and Harmell, Inc. P.S., and the contract for conflict legal
services with the Law Office of Michael Jordan, P.S, were amended to
incorporate the standards established in Resolution No. 1843.
C. The contracts with the law firm of Stewart, Beall, MacNichols,
and Harmell, Inc. P.S., and with attorney Michael Jordan, are set to expire
on March 31, 2012. New contracts have been prepared in order to
continue services with both parties through December 31, 2014.
D. The new contracts with the attorneys who will provide indigent
defense services in Kent better incorporate the standards adopted in
Resolution No. 1843. The new contracts were developed taking into
consideration the following:
• The contracts were developed after extensive interaction by
attorneys of both the Kent City Attorney's Office and the law
firm of Stewart, Beall, MacNichols and Harmell, Inc. P.S. with
the Washington State Bar Association ("WSBA") and the
WSBA's Council on Public Defense.
• The contracts were developed in consideration of evolving
changes to the Washington Court Rules for Courts of Limited
Jurisdiction as they relate to standards for public defense
services.
• The contracts were deemed consistent with the requirements
of public defense contracting as set forth in Chapter 10.101
RCW, Washington's Rules of Professional Conduct, the
2 Resolution
Indigent Defense Findings
Constitutions of the United States and Washington, and
various appellate level cases, including State v. A.N.J., 168
Wn.2d. 91 (2010). The contracts were also internally
reviewed in light of lawsuits in the state of Washington
challenging systems of public defense for alleged
Constitutional deficiencies.
• Three partners in the law firm of Stewart, Beall, MacNichols,
and Harmell, Inc. P.S., who combined have over fifty years of
experience providing public defense services, played an
integral role in the development of the contracts, and
specifically caseload standards and the case weighting
system, after considering such factors as the complexity of
the crimes, the average length of police reports in the various
crimes, the discovery materials relating to the crimes, the
average amount of investigation and preparation necessary to
defend the crimes, the consequences (both direct and
collateral) of a conviction for the crimes, the percentage of
times individuals charged with the crimes have elected to go
to trial, etc.
• The attorneys who provide indigent defense services in Kent
are familiar with the practices of the Kent Municipal Court,
and, along with other stakeholders in Kent's criminal justice
system, meet regularly with the Kent Municipal Court to
ensure the processes established by the Court meet the needs
of their clients.
• The contracts were independently reviewed by the law firm of
Kenyon Disend, PLLC, of Issaquah, WA, for the purposes of
ensuring that Kent is providing indigent defendants with
effective assistance of counsel as required by the state and
federal Constitutions.
3 Resolution
Indigent Defense Findings
• None of the attorneys who will be performing services under
the contracts have any history of discipline with the WSBA.
SECTION 2. -Based upon the facts and circumstances described in
.SECTION 1, Findings, the Mayor is authorized to execute the two attached
indigent defense contracts with the law firm of Stewart, Beall, MacNichols,
and Harmel!, Inc. P.S., and the contract for conflict legal services with the
Law Office of Michael Jordan, P.S., attached as Exhibits A and B.
SECTION 3. -Severabilitv. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 4. -Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this !:, day of J1.;L<l..-Lc.-L , 2012.
,, CONCURRED in by the mayor of the city of Kent this -"'=---day of
-'-/--'--"' v UVL.'--=-=e.J,..__-'-'-' 2 0 12.
ATIEST:
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4 Resolution
Indigent Defense Findings
APPROVED AS TO FORM:
TDBRUBAKER, chv ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
/)!'S:;-passed by the city council of the city of Kent, Washington, the
(p day of }M.......c.L,--zo1z.
5 Resolution
Indigent Defense Findings
Exhibit A to Resolution
AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Agreement is entered into between the city of Kent, A Washington municipal
Corporation, ("City") and Stewart, Beall, MacNichols, and Harmel!, Inc. P.S., a
Washington professional services corporation, ("Contractor").
I. DEFINITIONS
A. Attorney. Attorneys shall mean attorneys working for the law firm of
Stewart, Beall, MacNichols, and Harmel!, Inc. P.S., and where appropriate, shall
include Rule 9 interns.
B. Contractor. Contractor shall mean the law firm of Stewart, Beall, MacNichols,
and Harmel!, Inc. 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,
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 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.
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
(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.
Agreernent for Indigent Derense Services Page 1 of 20
Exhibit A to Resolution
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 manner acceptable to the court.
C. Representation Provided to Defendants Investigated for Driving Under the
Influence CRCW 46.61.502), Driving Under Twenty-One Consuming Alcohol CRCW
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-
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
Agreement for Indigent Defense Services Page 2 of 20
Exhibit A to Resolution
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
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 Ca.lls. 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. 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 £:gntact with In-Custody Defend<mts. 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. In addition, Contractor shall schedule no less
than two periods of time each week in which to meet with defendants who are in
the custody of the Kent Corrections Facility. These two periods of time shall be for
the purposes of responding to inmate requests, responding to letters and telephone
calls, and preparing for the defense of the defendant. These two periods shall be
separate from court hearings held by video at the Kent Corrections Facility.
Agreement for Indigent Defense Services Page 3 of 20
Exhibit A to Resolution
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.
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 Vlll, and in place of the requirement to satisfy
the minimum qualifications to practice law as established by the Washington
Agreement for Indigent Defense Services Page 4 of 20
Exhibit A to Resolution
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 10 attorneys who occupy
10 fulltime equivalent attorney positions, as well as Z Rule 9 interns. 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.
XII. CASELOAD LIMITS PER FULL TIME 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;
provided, that a fulltime equivalent attorney position may be appointed to more
than 400 cases per year if the managing partners of the Contractor determine that
the Contractor will meet the terms of this Agreement. Under no circumstances may
a fulltime equivalent attorney position be appointed to more than 550 cases per
year.
B. Factor~~n_Det<'lrmioing __ E'ermitted Caseload. In order to determine whether a
fulltime equivalent attorney can be appointed to more than 400 cases per year, the
Contractor shall consider the following:
1. The experience of the attorneys who perform the work called for in this
Agreement.
Z. The number of cases fulltime equivalent attorney positions are
currently handling that are not in pre-trial status and not on appeal.
3. The complexity of the cases.
4. The services the Contractor provides to other municipalities or private
clients.
C. Case Defined. For the purposes of this section, the term "case" shall mean a
group of criminal charges related to a single incident filed against a defendant to
which the attorney is appointed by the court, but shall not include temporary or
provisional appointments at arraignments or in-custody hearings, appointments by
a court at a court hearing for that one court hearing only, and shall not include pre-
Agreement for Indigent Defense Services Page 5 of 20
Exhibit A to Resolution
filing representation provided to a suspect who is under investigation for a violation
of RCW 46.61.502, 46.61.503 or 46.61.504.
D. Case Weighting. For the purposes of determining how many cases each
fulltime equivalent attorney position is handling, each case shall be counted as
follows:
1. The charges listed bellow shall be counted as specified:
• Allowing Minor to Frequent Bar
• Allow Unauthorized Person to Drive
• Altered License
• Assault:
• Domestic Violence
• Non Domestic Violence
• With Sexual Intent
• Animal Cruelty
• Attempted Assault
• Attempted Forgery
• Attempted Theft
• Canceled Plates/Registration
• Complicity
• Commercial License Needed
• Concealed Weapon
• Conspiracy
• Counterfeiting Trademark
• Criminal Attempt
• Crimina I Trespass
• Custodial Interference
• Cyber Sta I king
• Dangerous Animal at Large
• Discharge of Firearm
• Disorderly Conduct
• Display of Weapon
• DUI
• DWLS 1
• DWLS 2
• DWLS 3
• Criminal Assistance
• Escape
• Failure to Transfer Title
• Failure to Disperse
• Failure to Obey
• Failure to Obey Flagman
• Failure to Obtain Vehicle License
• Failure to Stop
• Failure to Secure Load
• Failure to Surrender License
Agreement for Indigent Defense Services
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Page 6 of 20
Exhibit A to Resolution
• False Identification
• False Insurance Card
• False Information
• False Reporting
• False Statement
• Fraud Dr. License:
• Furnishing Liquor to Minor
• Harm to a Police Dog
• Harassment
• Telephone Harassment
• Domestic Violence Harassment
• Hit and Run Attended
• Hit and Run Unattended
• Illegal Fireworks
• Illegal Use of Dealer Plate
• Immoral Conduct with a Minor
• Indecent Exposure
• Inhale Toxic Fumes
• Interfering with reporting to 911
• Invalid Trip Permit
• Loiter for Prostitution
• Malicious Mischief Domestic Violence
• Malicious Mischief Non-Domestic Violence
• Minor Frequenting a Tavern
• Minor Intoxicated in Public
• Minor in Possession/Consumption
• Neglect of a Child
• Negligent Driving 1
• No Valid Operator's License
• Obstructing
• Operating Vehicle Without Cert. of Ownership
• Operating Vehicle Without Ignition Interlock
• Patronizing a Prostitute
• Physica I Control
• Possession of Drug Paraphernalia
• Possession of Marijuana
• Possession of Stolen Property
• Possession/Making Burglary Tools
• Possession Another's ID
• Possession of Legend
• Prostitution
• Provoking Assault
• Public Disturbance
• Reckless Driving
• Reckless Burning
• Reckless Endangerment
• Refuse to Cooperate
• Crimes Requiring Registration as Sex Offender
Agreement for Indigent Defense Services
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Page 7 of 20
Exhibit A to Resolution
• Resisting Arrest
• Selling Liquor to Minor
• Stalking
• Tampering with Property of others
• Tampering with a Witness
• Theft 3
• Theft of Rental Property
• Unlawful Issuance of Bank Check
• Unlawful Bus Conduct
• Unlawful Camping
• Unlawful Racing
• Vehicle Prowl
• Vehicle Trespass
• Violation of Anti-harassment Order
• Violation of No Contact Order
• Violation of Instruction Permit
• Violation of Occupancy License
• Violation of Protection Order
• Violation of Restraining Order
• Violation of S.O.A.P. Order
• Weapons Capable of Harm
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2. All other charges shall be considered one case unless designated
otherwise by agreement of the Contractor and the Human Services Department.
XIII. 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.
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.
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 attempt to withdraw from cases
that Contractor handles that are not within the scope of this Agreement and shall
Agreement for Indigent Defense Services Page 8 of 70
Exhibit A to Resolution
refuse to accept cases from clients outside of the scope of the work called for in this
Agreement.
XIV. 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 CrRLJ 3.1(f).
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
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;
4. Monitor the performance of each employee who provides services
pursuant to this Agreement;
Agreement for Indigent Defense Services Page 9 of 20
Exhibit A to Resolution
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.
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 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.
XIX. 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.
Agreement for Indigent Defense Services l'age 10 of /0
Exhibit A to Resolution
XX. 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 XXVII.
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.
XXI. 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
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
Agreement for Indigent Defense Services Page 11 of 20
Exhibit A to Resolution
cooperate in any investigation of a complaint, and any corrective action plan
developed by the Housing and Human Services Division.
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. 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.
XXIII. 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
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.
XXIV. NON-DISCRIMINATION
Contractor shall not discriminate in the hiring of employees or the prov1s1on 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.
Agreemenl ror Indigent Defense Services Page 12 of 20
Exhibit A to Resolution
XXV. 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.
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
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 FORTY-SIX THOUSAND DOLLARS
($46,000) per month from April 1, 2012 through December 31, 2014. 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, 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.
Agreement for Indigent Defense Services Page 13 of 20
Exhibit A to Resolution
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
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.
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.
Agreement for Indigent Defense Services Pago 14 of 20
Exhibit A to Resolution
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:
Mayor
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
Contractor:
N. Scott Stewart
Stewart, Beall, MacNichols, and
Harmell, Inc. P.S.,
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 April 1, 2012, 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 April 1, 2012.
CITY:
City of Kent
Print Name: Suzette Cooke
Title: Mayor
Dated:.
ATTEST:
Brenda Jacober, City Clerk
APPROVED:
Katherin Johnson, Housing and Human
Services Manager, City of Kent
Agreement for Indigent Defense Services
ATTORNEY:
Stewart, Beall, MacNichols
&. Harmell, Inc., P.S.
Print Name: ________ _
Title:.,-______ _
Dated: __
Page 15 of 20
Exhibit A to Resolution
DECLARATION
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.
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~~~-
___________ ,, 20 __ .
By: ________________________________ ___
For:
---------~-----------
Title:----~--------------
Date: ____________________ _
EEO COMPLIANCE DOCUMENTS-1
NUMBER: 1.2
SUBJECT:
POLICY:
Exhibit A to Resolution
CITY OF KENT
ADMINISTRATIVE POLICY
MINORITY AND WOMEN
CONTRACTORS
EFFECTIVE DATE: January 1, 1998
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
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 an,d 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
Exhibit A to Resolution
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 c-c-:--c--:-----,.,--,--------~-.,-
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.Z and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this ____ day of ____________ , ZO_.
By: ___________________________________ _
For: -------------------
Title: __________________ _
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A to Resolution
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. PrQfEl_!>SiQDilLLill_bilit_y insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
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.
Exhibit A to Resolution
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 A:VII.
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.
Exhibit B to Resolution
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 EQJJiY<llllnt Pll~lion. 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_ Jt;)mporarv Aooointments. 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
Exhibit B to Resolution
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
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
Exhibit B to Resolution
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. Q_u_alifiqati9D~· 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
Exhibit B to Resolution
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. 8-efusal of ARQointments. 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 Derense Services Page 4 or 16
Exhibit B to Resolution
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 CrRLJ 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 s of 16
Exhibit B to Resolution
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
Exhibit B to Resolution
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
Exhibit B to Resolution
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 Partie~. 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
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 prov1s1on 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
Exhibit B to Resolution
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
rendered under this Agreement the sum of $3,200.00 per month. Attorney shall bill
the City 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 ot 16
Exhibit B to Resolution
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
Exhibit B to Resolution
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:
Mayor
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
Contractor:
Jordan Law Offices, P.S.
2201 N. 30'11 Street
Tacoma, WA 98403-4040
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:
City of Kent
Print Name: Suzette Cooke
Title: Mayor
Dated: _________ _
ATTEST:
Brenda Jacober, City Clerk
APPROVED:
Katherin Johnson, Housing and Human
Services Manager, City of Kent
Agreement for Conflict Indigent Defense Services
ATTORNEY:
Print Name: ________ _
Title:-,-________ _
Dated: _________ _
Page 11 of 16
Exhibit B to Resolution
DECLARATION
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.
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 __________ _
___________ , 20 ___ .
By: ________________________________ ___
For: --------------------------------
Title: ------------------------------------
Date: ___________________ _
EEO COMPLIANCE DOCUMENTS -1
NUMBER: 1.2
Exhibit B to Resolution
CITY OF KENT
ADMINISTRATIVE POLICY
EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
l'Ql,I_CY:
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
Exhibit B to Resolution
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: ___________________ _
EEO COMPLIANCE DOCUMENTS - 3
Exhibit B to Resolution
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 Li.a.bJllt\' insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
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.
Exhibit B to Resolution
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 A:VII.
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.