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HomeMy WebLinkAboutPK12-074 - Original - Stewart Beall MacNichols & Harmell Inc - Indigent Defense Services - 04/01/2012 r f 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 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, Beall, MacNichols, and Harmell, Inc. P S., and where appropriate, shall include Rule 9 interns. B. Contractor. Contractor shall mean the law firm of Stewart, Beall, MacNichols, and Harmell, 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. Agreement for Indigent Defense Services Page 1 of 20 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 (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- 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 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. 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 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 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 VIII, 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 R 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 2 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 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; 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. Factors In Determining Permitted 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. 2. 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 3 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 1/3 • Allow Unauthorized Person to Drive 1/3 • Altered License 1/3 • Assault: Domestic Violence 1 ■ Non Domestic Violence 1 ■ With Sexual Intent 2 • Animal Cruelty 1 • Attempted Assault 2/3 • Attempted Forgery 2/3 • Attempted Theft 2/3 • Canceled Plates/Registration 1/3 Complicity 2/3 • Commercial License Needed 1/3 • Concealed Weapon 2/3 • Conspiracy 2/3 Counterfeiting Trademark 2/3 • Criminal Attempt 2/3 • Criminal Trespass 1/3 • Custodial Interference 1 • Cyber Stalking 1 • Dangerous Animal at Large 2/3 • Discharge of Firearm 2/3 • Disorderly Conduct 1/3 • Display of Weapon 2/3 • DUI 1 • DWLS 1 1/2 • DWLS 2 1/2 • DWLS 3 1/3 • Criminal Assistance 1/3 • Escape 2/3 • Failure to Transfer Title 1/3 • Failure to Disperse 1/3 • Failure to Obey 1/2 • Failure to Obey Flagman 1/2 • Failure to Obtain Vehicle License 1/3 • Failure to Stop 1/2 • Failure to Secure Load 1 • Failure to Surrender License 1/3 Agreement for Indigent Defense Services Page 6 of 20 • False Identification 1/2 • False Insurance Card 1/2 • False Information 1/2 • False Reporting 1/2 • False Statement 1/2 • Fraud Dr. License: 1/2 • Furnishing Liquor to Minor 1/2 • Harm to a Police Dog 1 • Harassment 1 • Telephone Harassment 1 • Domestic Violence Harassment 1 • Hit and Run Attended 1 • Hit and Run Unattended 1/2 • Illegal Fireworks 1/3 • Illegal Use of Dealer Plate 1/3 • Immoral Conduct with a Minor 1 • Indecent Exposure 1 • Inhale Toxic Fumes 1 • Interfering with reporting to 911 2/3 • Invalid Trip Permit 1/3 • Loiter for Prostitution 1/2 • Malicious Mischief Domestic Violence 1 • Malicious Mischief Non-Domestic Violence 2/3 • Minor Frequenting a Tavern 1/2 • Minor Intoxicated in Public 1/2 • Minor in Possession/Consumption 1/2 • Neglect of a Child 1 • Negligent Driving 1 1 • No Valid Operator's License 1/3 • Obstructing 2/3 • Operating Vehicle Without Cert. of Ownership 1/3 • Operating Vehicle Without Ignition Interlock 1/2 • Patronizing a Prostitute 1/2 • Physical Control 1 • Possession of Drug Paraphernalia 1/2 • Possession of Marijuana 1/2 • Possession of Stolen Property 2/3 • Possession/Making Burglary Tools 2/3 • Possession Another's ID 1/2 • Possession of Legend 2/3 • Prostitution 1/2 • Provoking Assault 2/3 • Public Disturbance 1/3 • Reckless Driving 2/3 • Reckless Burning 2/3 • Reckless Endangerment 2/3 • Refuse to Cooperate 1/2 • Crimes Requiring Registration as Sex Offender 2 Agreement for Indigent Defense Services Page 7 of 20 • Resisting Arrest 2/3 • Selling Liquor to Minor 1/2 • Stalking 1 • Tampering with Property of Others 1/2 • Tampering with a Witness 1 • Theft 3 2/3 • Theft of Rental Property 2/3 • Unlawful Issuance of Bank Check 2/3 • Unlawful Bus Conduct 1/2 • Unlawful Camping 1/3 • Unlawful Racing 2/3 • Vehicle Prowl 2/3 • Vehicle Trespass 2/3 • Violation of Anti-harassment Order 2/3 • Violation of No Contact Order 2/3 • Violation of Instruction Permit 1/3 • Violation of Occupancy License 1/3 • Violation of Protection Order 2/3 • Violation of Restraining Order 2/3 • Violation of S.O.A.P. Order 1/2 • Weapons Capable of Harm 2/3 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 20 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 CrRU 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 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 Page 10 of 20 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 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 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. Agreement for Indigent Defense Services Page 12 of 20 4 a 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 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 Page 14 of 20 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, Beall, MacNichols, and 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 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: ATTORNEY: City of Kent Stewart, Beall, MacNichols & Harmell, Inc., P.S. nit m Suzette Cooke int Na e: f Title: Ma o Title: ed: /.P— Dated: N 13.1ti ATTEST: Brenda Jacober, Ci erk PP K h rn son, Wisof g and Human Services Manager, Kent Agreement for Indigent Defense services Page 15 of 20 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 13 day of 2012. By: For: S11. *AV mkoirMS 9-K!y T Title: P Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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: E EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for 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 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 (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. From: Law Offices 2538592213 03/15/2012 08:30 #233 P.002/002 Westchester Fire Insurance Company Lawyers Professional Liability Policy RENEWAL CERTIFICATE IN CONSIDERATION OF THE PREMIUM FOR THE RENEWAL POLICY IDENTIFIED BELOW,WESTCHESTER FIRE INSURANCE COMPANY RENEWS THE EXPIRING POLICY FOR THE PERIOD SET FORTH BELOW. THIS COVERAGE ONLY APPLIES TO CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO WESTCHESTER FIRE INSURANCE COMPANY DURING THE POLICY PERIOD, AUTOMATIC EXTENDED REPORTING PERIOD,OR IF ELECTED,THE EXTENDED REPORTING PERIOD,PURSUANT TO THE TERMS AND CONDITIONS OF THE EXPIRING POLICY LISTED BELOW. This Certificate renews the below referenced Expiring Policy and grants new Limit(s)of Liability and a new Deductible The terms, conditions and exclusions of the below referenced Expiring policy,except as otherwise indicated herein, or in endorsements attached hereto, apply to the renewal Policy Period. Renewal Policy Number. LPL-G2392 061A 003 Renewal of Policy Number: LPL-G2392 061A 002 aem t: NAMED INSURED Stewart Beall Machlichols&Harmell,Inc,P.S. MAILING ADDRESS: 655 West Smith Street-Suite 210 Kent,WA 95032 Item 2: POLICY PERIOD: Inception Date: DI-Jan-2012 Expiration Deft: 01-Jan-2D13 Effective 12.01 am Standard Time at the marling address of the Named Insured shown in item 1 Item 3: LIMIT OF LIABILITY: Each Claim: $1,000,000 Aggregate- $2,000.000 Item 4: CLAIMS EXPENSES: Are included within the lunk(s)of liability. x Are in addition to the limit(s)of liability,as described in the policy Item 5: DEDUCTIBLE $10,000 Each Claim and Aggregate The deductible amount spedfied above applies only to Damages. The deductible amount above applies to both Damages and Claim Expenses Item 6: ANNUAL PREMIUM, $13,543 Item 7: RETROACTIVE DATE: UNLIMITED Rem 8: ADDITIONAL ENDORSEMENTS. (These endorsements are in addition to those contained in the Expiring Policy) Al(01110) CC-1k11g (01/11) Application Form' PF-2e29o(o7n1) Item 9: Report Claims by faxing or registered or certified mall to the Program Administrator. Attention Lawyers Claims Manager The Plus Companies Inc. 620 U.S Highway 22 g- Bridgewater,NJ 08807-0920 I=9011486-7534 PF-25881(09=)Plus Co Authom:ed Representatr /� REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill In All Applicable Boxes W. ...... Routing Information ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT Originator: Jason Johnson Phone Ori inator : 5061 Date Sent: 03/14/2012 Date Required: Return Signed Document to: Jason CONTRACT TERMINATION DATE: 12/31/2014 Johnson, Div. Human Services VENDOR NAME: Law Offices of Stewart, DATE OF COUNCIL APPROVAL: 03/06/2012 Beall, MacNichols, and Harmell Brief Explanation of Document: The City of Kent is required by statute to provide Indigent Counsel for individuals unable to afford legal representation when charged with a crime in Kent Municipal Court. Stewart, Beall, MacNichols and Harmell, are currently under contract to provide this service. Staff recommends continuing to contract with this firm from April 1", 2012 — December 31't, 2014. City of Kent staff has reviewed the current payment amounts, standards, and indigent counsel case loads in preparation for this new two year agreement. Under this agreement with the City, Stewart, Beall, MacNichols and Harmell will represent individuals needing legal representation based on financial need. This Indigent Council Agreement will continue to pay Stewart, Beall, MacNichols and Harmell the current amount of 546,000 per month for these services. All Contracts Must Be Routed Through The Law Department V�if�� Piet k'®11f ) Received: MA 5 2012 f r5k6 t/h Approval of Law Dept.. MAR 19 2012 twk% Law Dept. Comments: 9 VT LAW DEPT KENT LAW DER i Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: �� � Cin OF K;:NI C1tY CL�FK Date Returned: .