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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 01/05/2023 (2) 4^* Parks and Human Services • Committee KEN T Thursday, January 5, 2023 WASHINGTON 4:0 0 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 838 1479 4289, Passcode 929221 Chair Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order YES Chair 2. Roll Call YES Chair 3. Agenda Approval YES Chair 4. Business YES Chair 1. Approval of Minutes 1. Approval of December 1, YES Chair 01 MIN. 2022 Minutes 2. Indigent Defense Contract YES Lori Guilfoyle 10 MIN. 3. Conflict Indigent Defense YES Lori Guilfoyle 10 MIN. Contract 5. Adjournment YES Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the First Thursday of each month in City Council Chambers, 220 Fourth Avenue South, Kent WA 98032. For additional information, contact Ronald Lashley via email at Rlashley@kentwa.gov or call 253-856- 5101. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4.1.1 Pending Approval Parks and Human Services KENT Committee W-...... CC Parks Regular Meeting Minutes December 1, 2022 Date: December 1, 2022 Time: 4:00 p.m. Place: Chambers Members: Zandria Michaud, Chair Satwinder Kaur, Councilmember Toni Troutner, Councilmember Agenda: 4- 0 1. Call to Order 4:00 p.m. 0 2. Roll Call a a Attendee Name Title Status Arrived Zandria Michaud Chair Present _ o Satwinder Kaur Councilmember _Present _ Toni Troutner Councilmember Present N 0 N 3. Agenda Approval 4. Business o 4- 0 1. Approval of Minutes a. Approval of Minutes dated November 3, 2022 MOTION: Move to approve the Minutes dated November 3, 2022 ai RESULT: APPROVED [UNANIMOUS] w MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember Q AYES: Michaud, Kaur, Troutner u, aD r 2. Agreement with EuroStage Mobile Stages - Authorize MOTION: I move to authorize the Mayor to sign a Goods and Services Agreement with EuroStage Mobile Stages, in the amount of $115,935 for the purchase of a new mobile stage, subject to final terms and conditions acceptable to the Parks Director and City Attorney. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 2 Packet Pg. 2 4.1.1 Parks and Human Services Committee CC Parks December 1, 2022 Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/13/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Michaud, Kaur, Troutner 3. Agreement with West Coast Concrete Restoration, LLC - Authorize MOTION: I move to authorize the Mayor to sign a Public Works Agreement with West Coast Concrete Restoration, LLC for the pressure washing, tuckpointing, caulking, and clear sealing of the Centennial Center in an amount not to exceed $101,305.32, subject to final terms and conditions acceptable to the Parks Director and 4- City Attorney. 0 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/13/2022 Q 7:00 PM �- MOVER: Toni Troutner, Councilmember a SECONDER: Satwinder Kaur, Councilmember 0 AYES: Michaud, Kaur, Troutner N N 4. Mill Creek Canyon and Earthworks Park Engagement Update N 5. Adjournment 4:39 p.m. X&Yw &La%h 4- Committee Secretary Cn c a� 0 w a Q a� r 0 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 3 4.2 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: January 5, 2023 TO: Parks and Human Services Committee SUBJECT: Indigent Defense Contract MOTION: I move to approve the agreement for Indigent Defense Services with STEWART MACNICHOLS HARMELL INC., P.S. in the amount of ONE MILLION TWO HUNDRED FORTY SIX THOUSAND NINE HUNDRED TWENTY DOLLARS ($1,246,920) per year, payable on a pro rata basis through equal monthly payments from February 1, 2023, through December 31, 2024, and authorize the Mayor to sign the agreement subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The City currently contracts with Stewart MacNichols Harmell, Inc., P.S. ("SMH") to provide indigent defense services. This contract is managed by the Human Services Division of the City's Parks, Recreation, and Community Services Department and it expires at the end of January 2023. In July 2022, staff conducted an evaluation of public defense services and determined that the courts were still recovering from the significant COVID-19 pandemic impacts. Because of this, staff concluded that changing public defense providers would present additional challenges and would not be in the City's best interest. KCC 3.70.110(A) allows the Mayor to waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work, upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interests under the circumstances. The Mayor granted this waiver, allowing the City to contract with SMH for continued indigent defense services. This new Agreement begins on February 1, 2023, and expires on December 31, 2024. Its material terms remain the same. One change is to the compensation, which increases the annual compensation paid to SMH to $1,246,920.00, representing a 2% increase. This compensation is paid to SMH on a pro rata monthly basis. BUDGET IMPACT: The funds were approved in the 2023-2024 budget. Packet Pg. 4 4.2 SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Mayoral Waiver (PDF) 2. Agreement for Services (DOCX) Packet Pg. 5 4.2.a CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES Julie Parascondola, Director E l�l 0 ,r, 220 41h Avenue South Kent, WA 98032 WASHINGTON Fax: 253-856-6050 PHONE: 253-856-5100 Memo To: Dana Ralph, Mayor From: Merina Hanson CC: Pat Fitzpatrick, Lori Guilfoyle Date: November 3, 2022 Re: Request for Waiver of Bidding Requirements Pursuant to KCC 3.7.110 for Indigent Defense Services 0 as c The City's Parks, Recreation, and Community Services (PRCS) request an exception to the competitive bidding requirements under KCC 3.7.110 (A)(2) to provide Indigent Defense c Services. The COVID-19 pandemic significantly altered the court process and while pandemic recovery efforts are underway, it would be a challenge to alter/change public defense providers a� at this time. The current contract ends December 31, 2022 and we wish to enter into negotiations c with the current provider for continued public defense services. to 0 KCC 3.70.110(A) allows the Mayor to waive the bidding requirements for the purchase of goods, M materials, equipment, or services that are not part of a public work upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interests under the circumstances. �a Therefore, as managers of the Indigent Defense contract, human services staff believe it is in the City's best interest to directly negotiate a services agreement with Stewart MacNichols Harmell, INC., P.S. and request that you authorize the waiver of the competitive bidding requirements. c as Thank you for your consideration. E APPROVED: r Q O L`Id I Z. __ Mayor Dana Ralph Date Packet Pg. 6 4.2.b AGREEMENT FOR INDIGENT DEFENSE SERVICES This Agreement is between the City of Kent, A Washington municipal Corporation, ("City") and Stewart MacNichols Harmell, Inc. P.S., a Washington professional services corporation, ("Contractor"). 1. DEFINITIONS Attorney(s). Attorney(s) shall mean attorneys working for the law firm of Stewart MacNichols Harmell, Inc. P.S., and where appropriate, shall include Rule 9 interns. Case. The term "case" shall be defined as provided in Standard 3 of the Standards for Indigent Defense established by the Washington Supreme Court. i Contractor. Contractor shall mean the law firm of Stewart MacNichols Harmell, Inc. U P.S., and shall mean each attorney and Rule 9 intern working for the Contractor. a� Defendant. Defendant shall mean a person charged with a misdemeanor or gross o misdemeanor offense that is filed into the Kent Municipal Court as well as suspects for whom the Contractor must provide services pursuant to Section 3 of this Agreement. Full-Time Attorney Equivalent Position. Full-time attorney equivalent position shall M mean at least 40 hours of attorney services provided pursuant to this Agreement. N N V 2. DURATION OF AGREEMENT as The term of this Agreement will be from February 1, 2023, through December 31, .° 2024, unless extended or terminated earlier in a manner permitted by this Agreement. The parties may, by mutual assent, agree to two one-year extensions E of this Agreement under the same terms, with approval to negotiate adjustments based on Cost of Living increases, increases in the individual salaries of attorneys a based upon experience, or substantial increases in caseloads. a� 3. SCOPE OF WORK AND DUTIES OF CONTRACTOR r 3.1. Criminal Defense Representation - To Whom Provided. Except in cases in Q which a conflict of interest exists, the Contractor shall provide criminal defense representation to the following: a. 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. b. All suspects who are permitted access to a public defender while detained pursuant to an investigation for the offenses of driving under the influence Agreement for Indigent Defense Services Page 1 of 26 Packet Pg. 7 4.2.b (RCW 46.61.502), driving under twenty-one consuming alcohol or cannabis (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. C. All defendants who are not represented by private counsel and who appear for arraignment in the Kent Municipal Court. d. 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. 3.2. Provisional and Temporary Appointments. The Contractor shall provide representation of defendants at arraignment and during in-custody hearings despite the fact that the Contractor may only be provisionally or temporarily appointed to U represent the defendants at arraignment and during the in-custody hearings. N a� 3.3. Representation Provided to Defendants Investigated for Driving Under the o Influence (RCW 46.61.502), Driving Under Twenty-One Consuming Alcohol or Cannabis (RCW 46.61.503), Physical Control of a Vehicle Under the Influence (RCW a� 46.61.504) or Another Misdemeanor or Gross Misdemeanor. The 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 or cannabis (RCW 46.61.503), physical control of a vehicle under the influence (RCW 46.61.504) or any other misdemeanor or gross misdemeanor. The Contractor shall provide the Kent Corrections Facility with telephone numbers of its attorneys that provide direct access to the attorneys, and o shall keep such telephone numbers up to date. The Contractor may designate times in which specific attorneys may be reached, and shall provide the numbers of E alternate attorneys if the designated attorney cannot be reached. L 3.4. Duration of Representation of Defendant. In cases in which the Contractor is a appointed as attorney of record, and unless the Contractor is permitted by the court to withdraw at an earlier time, the Contractor shall represent the defendant at all E 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 Q 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. 4. APPEARANCE AT HEARINGS The 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. The Contractor shall provide a sufficient number of attorneys at Agreement for Indigent Defense Services Page 2 of 26 Packet Pg. 8 4.2.b the various court calendars to ensure that the court calendars are not delayed due to insufficient staffing of the Contractor's attorneys at the calendars. S. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD The Contractor shall be with and actively represent each defendant at all times while a defendant's case is considered on the court record, and shall adequately inform the defendant of the developments in their case such that the defendant proceeds during any court hearing in a knowing, intelligent, and voluntary manner. The Contractor will coordinate with the City to ensure that adequate confidential meeting space is available at the Kent Municipal Court and Kent Corrections Facility for client communications. 6. DEFENDANT ACCESS TO CONTRACTOR 0 U 6.1. Contact Prior to Court Hearings. The Contractor shall be available to N defendants to ensure that defendants are provided with effective assistance of counsel. Defendant access to the Contractor prior to court hearings is paramount. o At a minimum, the Contractor shall endeavor to confer with all defendants about their cases as soon as practical from the time of appointment and again prior to court a� hearings. To that end and without limitation, the Contractor will seek timely and confidential information from each defendant regarding possible defenses, the need for investigation, mental and physical health issues, immigration status, and client goals. N N 6.2. 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 Cn Contractor. 0 6.3. Timely Response. The 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. The Contractor shall keep appropriate written records to demonstrate timely response. a a� 6.4. Local Office Required. At all times during the term of this Agreement, the E 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 Q 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. 6.5. Availability for and Contact with In-Custody Defendants. The 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, the Contractor shall meet with all misdemeanant defendants who are in-custody and appointed to the Contractor within two court days of the defendant being taken into custody. In addition, the Contractor shall have an attorney available to defendants who are in Agreement for Indigent Defense Services Page 3 of 26 Packet Pg. 9 4.2.b the custody of the Kent Corrections Facility on a daily basis. The Contractor will coordinate with the City to ensure that confidential meeting space is available in the Kent Corrections Facility. The attorney will respond to inmate requests, respond to letters and telephone calls, meet with clients and prepare for the defense of the defendant. These daily meetings shall be separate from court hearings held by video at the Kent Corrections Facility. 7. QUALITY OF REPRESENTATION The Contractor shall provide services in a professional and skilled manner consistent with Washington's Rules of Professional Conduct, applicable case law, including but not limited to Wilbur v. Mt. Vernon 989 F. Supp. 2d 1122 (2013) (hereinafter the "Decision"), Washington State Supreme Court Standards for Indigent Defense, the Constitutions of the United States and Washington, the court rules that define the duties of counsel and the rights of defendants, and the Resolution regarding indigent U defense services adopted by the City. The Contractor shall be familiar with and to the N extent required by law abide by the "Decision" and the Washington State Supreme Court Standards for Indigent Defense. At all times during the representation of a o defendant, the Contractor's primary and most fundamental responsibility shall be to promote and protect the interests of the defendant. 8. QUALIFICATIONS OF CONTRACTOR ATTORNEYS - TRAINING 0 v 8.1. Qualifications. All attorneys employed by the Contractor for the purposes of providing the services called for in this Agreement 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 Cn law applicable to misdemeanor criminal defense work in the state of Washington; be o familiar with and abide by Washington's Rules of Professional Conduct; be familiar with the Decision and the Washington State Supreme Court Standards for Indigent E Defense including amendments; be familiar with the consequences to each particular a, defendant of any conviction or adjudication including but not limited to jail time, financial penalties, restitution, mental health or drug and alcohol treatment a obligations, license suspensions, and immigration or civil commitment implications; be familiar with mental health and substance abuse issues applicable to each E 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. Q 8.2. Training. For each attorney of the Contractor, a minimum of 21 of the reportable continuing legal education credits per reporting period shall be in the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work, law practice management, or any other subject that, in the opinion of the Contractor, is applicable to providing criminal defense services. 9. USE OF RULE 9 INTERNS 9.1. Workload of Rule 9 Interns. The Contractor may employ interns qualified under Admission to Practice Rule 9 who perform work pursuant to this Agreement. Agreement for Indigent Defense Services Page 4 of 26 Packet Pg. 10 4.2.b Rule 9 interns shall remain under the supervision of the Contractor, and an attorney for the Contractor shall remain responsible for the cases for which the Rule 9 intern provides services. 9.2. Qualifications of Rule 9 Interns. Rule 9 interns shall be required to abide by Sections 7 and 8 except that Rule 9 interns shall not be required to complete the training requirements of Section 8, 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. 10. DISCOVERY TO BE PROVIDED r The City shall provide the Contractor one copy of all discoverable material concerning each assigned case, pursuant to a filed Notice of Appearance and Demand for U Discovery. N c a� 11. NUMBER OF ATTORNEYS EMPLOYED o r c The Contractor shall provide the number of attorneys sufficient to meet case load a+ limits as provided for in the Agreement. The Contractor shall provide to the Human Services Division an up-to-date list of the names of attorneys and Rule 9 interns providing services under this Agreement, along with the experience of each attorney and intern. a� 12. CASELOAD LIMITS PER FULLTIME EQUIVALENT POSITION a� Cn The Contractor shall maintain a caseload such that it can provide each and every o defendant effective assistance of counsel as required by this Agreement. Subject to the remaining subsections of this section, a fulltime equivalent attorney position shall E be appointed to no more than 400 cases per year. 13. SCOPE OF SERVICES, STANDARDS, AND WARRANTIES a r c a� 13.1. The Contractor, and every attorney and intern performing services under this E Agreement shall certify compliance with Supreme Court Rule and governing case load quarterly with the Kent Municipal Court on the form established for that purpose by Q court rule. At a minimum, the Contractor will file a Certification of Compliance as required by CrRLJ 3.1. The quarterly reports will be based on a calendar year and each report will be due no later than 30 days after the end of each quarter. A copy of each and every such certification shall be provided to the City with each court filing. The Contractor and every attorney and/or intern warrants that they shall conform to the case load limitations not only with respect to services under this Agreement for Indigent Defense Services Page 5 of 26 Packet Pg. 11 4.2.b Agreement but also with respect to their practice as a whole, including other contracts public defense and/or private practice. 13.2. The Contractor will develop a system that properly records interactions and work performed on behalf of public defense clients to include: a. Attempts and actual contact with clients within the time period required by Section 6.1. and in a manner developed by the Contractor to protect client confidentiality; b. Responses to jail kites (requests for assistance from inmates incarcerated in the Kent Corrections Facility); L C. Documentation of the following topics that shall be discussed with clients c to include but not be limited to: a� • Possible defenses a� • Need for independent investigation a� • Existing physical or mental health issues • Immigration status and consequences 0 • Client goals M • Possible dispositions • Need for additional discovery Cn • Possible case disposition in the manner developed by the .° Contractor to protect client confidentiality; and a� E a� d. In the event a defendant who has been assigned a public defender a wishes to enter a plea of guilty at their first meeting with the Contractor, documentation demonstrating the Contractor's information and statement to the defendant about the risks associated with a plea at that time. This information will only be turned over to the City under a circumstances that do not violate the Washington Rules of Professional Conduct (RPC) (i.e., pursuant to court order). 13.3. The Contractor will maintain and provide to the City a quarterly report detailing: a. The number of cases assigned during the period; b. The number of cases where review of body worn camera video is provided; Agreement for Indigent Defense Services Page 6 of 26 Packet Pg. 12 4.2.b C. The number of cases in which an investigator was utilized; d. The number of cases that were set for jury call including cases in which the defendant failed to appear; e. The number and type of criminal cases handled outside of this Agreement, including cases assigned by another public entity to the attorneys assigned to this Agreement; and f. The percentage of the Contractor's practice spent in private defense representation, civil or other non-criminal matters by the attorneys assigned to this Agreement. 13.4. The Contractor promises that it will promptly notify the City if any circumstance, including change in rule or law, renders it difficult or impossible to provide public defense services in compliance with the Decision and/or Standards. 0 a� 13.5. The City may retain a consultant at some point in the future to monitor the Contractor's compliance with the Standards and other legal authority. The Contractor o agrees to negotiate in good faith with the City should the consultant seek additional information beyond that already contemplated by this agreement. The Contractor shall not be required to compromise any attorney-client privilege when providing these reports. 0 14. REFUSING APPOINTMENTS M N 14.1. Caseload Monitoring. The Contractor shall continually monitor its caseload and performance both as a whole and for each attorney providing services pursuant to this Agreement. The Contractor shall provide quarterly projections at least three `2 months in advance regarding the caseload limits based upon the number of attorneys ° employed by the Contractor and trends in case filings. E a� 14.2. 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 a every defendant, the Contractor shall reduce the caseload of that attorney, and shift the reduced portion of the caseload to another attorney employed by the Contractor. E 14.3. Refusal of Appointments. The Contractor shall monitor the total number of Q cases handled by the Contractor pursuant to this Agreement. In the event the Contractor is handling an excessive number of cases such that the Contractor is unable to provide each and every defendant with effective assistance of counsel, then the Contractor shall refuse further appointment of cases until such time as the Contractor employs additional attorneys or the number of cases per attorney is reduced. Work performed pursuant to this Agreement shall be the Contractor's priority, and prior to refusing further appointments, the Contractor shall, to the extent such action will not compromise the rights of the client, attempt to withdraw from cases that the 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. Agreement for Indigent Defense Services Page 7 of 26 Packet Pg. 13 4.2.b 15. 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. 16. CONFLICTS OF INTEREST The 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, the 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, the Contractor shall not be required to pay any compensation to another attorney assigned to represent the defendant. U a� 17. PERFORMANCE MONITORING AND ATTORNEY SUPERVISION a a� 0 17.1. Performance Monitoring In General. The Contractor shall establish a program for monitoring the performance of attorneys who provide the services called for in a� 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 performance monitoring program shall be developed and administered by the Contractor, and shall: N N a. Be actively performed and managed by a partner-level attorney of the Contractor; Cn L b. Be continual in nature. Monitoring shall occur no less than quarterly; ,0 provided, caseload monitoring shall occur no less than monthly; C. Monitor the caseload of the Contractor and each attorney providing services pursuant to this Agreement; a d. Monitor the performance of each employee who provides services pursuant to this Agreement; e. Hold employees accountable for deficient performance of the services called for in this Agreement; Q f. Have measures to correct the deficient performance of employees performing under this Agreement; and g. Contain measures to develop and improve the performance of each employee providing services pursuant to this Agreement. 17.2. Performance Monitoring Program - Scope of Review. The performance monitoring program shall, at a minimum, be designed to review the following of each attorney or Rule 9 intern: a. Knowledge of the law and expectations of criminal defense counsel Agreement for Indigent Defense Services Page 8 of 26 Packet Pg. 14 4.2.b b. Preparation of cases C. Responsiveness to clients d. Effectiveness of in-court interactions with clients e. Effectiveness in the courtroom f. Negotiation skills and strategy g. Attorney or Rule 9 intern caseload 17.3. Program Certification. The performance monitoring program shall be submitted to the Human Services Division within 30 days of the execution of this Agreement. The Contractor shall certify no less than annually that monitoring has occurred in conformity with this Agreement. i 18. REMOVAL OF ATTORNEY U as 18.1. Removal by Contractor. In the event the Contractor determines, through its performance monitoring and attorney supervision program that an attorney or Rule o 9 intern working for the Contractor fails to comply with the terms of this Agreement, then the Contractor shall immediately take action to prevent that attorney or Rule 9 intern from providing the services called for in this Agreement. 18.2. Recommendation of Removal by City. In the event the City determines that M an attorney working for the Contractor has breached this Agreement, the Human Services Division may, at its sole discretion and as an alternative to termination of this Agreement, require the Contractor to take action to prevent that attorney from providing the services called for in this Agreement. L O 19. CITY CONTRACT ADMINISTRATOR — AGREEMENT OVERSIGHT as E 19.1. This Agreement shall be managed and monitored by the Human Services Division of the City's Parks Department or by such other division of the City as a determined by the City's Chief Administrative Officer. All reports or certifications required by this Agreement shall be delivered to the Human Services Division. 19.2. The Human Services Division shall monitor the Contractor regularly to assure that the Contractor files the reports and certifications required in Section 13 above. Q 19.3. The Human Services Division may retain an outside expert to perform random reviews of the Contractor cases on an annual basis. The Contractor will make information available, without disclosing client names or identifying information, to the City through the Human Services Division, and will cooperate fully with the expert to the extent that the cooperation does not violate client confidences. Agreement for Indigent Defense Services Page 9 of 26 Packet Pg. 15 4.2.b 20. COMPLAINTS AND CORRECTIVE ACTION 20.1. Investigation by the Contractor. In the event a complaint is received by the Contractor or by the Human Services Division, a partner level attorney (excluding the attorney for whom the compliant is regarding) will investigate the complaint. The reviewing attorney should review the entire file on the matter, court records, documents, dockets and any other information necessary to investigate the complaint. The reviewing attorney will inform the complainant of the results of their internal investigation, and if the complainant is still unsatisfied, will inform the complainant that the matter will be forwarded to the Human Services Division. In the event the complaint is referred to the Human Services Division, the reviewing attorney will forward the complaint and the results of its investigation to the Human Services Division. The Contractor shall not be required to compromise any attorney client privilege when providing the results of the internal investigation. 0 U 20.2. Investigation by the City. In the event a complaint is received by or directed N to the Human Services Division and is not timely resolved by a partner level attorney of the Contractor to the satisfaction of the complainant, the Human Services Division o 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 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 Human Services Division may consult with the Washington State Bar Association when appropriate. The Contractor shall fully cooperate in the City's investigation process. 20.3. Corrective Action Plan or Termination. In the event the Human Services Division determines that a violation has occurred, the Human Services Division may o develop a corrective action plan or terminate this Agreement if it is determined that termination is appropriate. The Contractor shall cooperate in any investigation of a a complaint, and any corrective action plan developed by the Human Services Division to the extent that to do so will not compromise the attorney/client relationship. a 21. REVIEW AND RENEGOTIATIONS c as E 21.1. Increases or Decreases in Case Load, The City and the Contractor shall, at the option of either party, renegotiate this Agreement if there is a significant increase or a decrease in the number of cases assigned. At the request of either party, the City and the Contractor will periodically review case assignment trends and any other matters needed to determine Agreement compliance or necessary Agreement modifications. The Contractor shall promptly notify the City when quarterly caseloads can reasonably be anticipated to require use of overflow or conflict counsel to assure that cases assigned to the Contractor remain within the limits adopted in this Agreement and comply with state and local standards. 21.2. Renegotiation Due to Change in Rule or Standard. This Agreement may be renegotiated at the option of either party if the Washington State Supreme Court, the Washington State Bar or the City significantly modifies the Standards for Indigent Agreement for Indigent Defense Services Page 10 of 26 Packet Pg. 16 4.2.b Defense adopted pursuant to the Court rule or City Ordinance/Resolution. 22. TERMINATION 22.1. For Cause. The City or the Contractor may terminate this Agreement immediately in the event the other party breaches the Agreement and such breach is not corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Each and every term of this Agreement is material. Without limiting the foregoing, the Contractor's failure to render adequate representation to its clients, its willful disregard of the rights and best interests of its clients, or the willful disregard of the Decision or court rule standards will constitute good cause for termination. The failure of any party to comply with any term of this Agreement shall constitute a breach of this Agreement. L 22.2. For Reasons Beyond Control of Parties. Either party may terminate this ° U Agreement without recourse by the other where performance is rendered impossible N 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 o dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. 22.3. Without Cause. Either party may terminate this Agreement at any time without cause upon giving the non-terminating party not less than 180 days prior written notice. N N 23. CONTINUATION OF REPRESENTATION AFTER TERMINATION as In the event of termination of this Agreement and to the extent the client can be o adequately represented, all cases assigned prior to the Agreement term expiration, including those which have not reached resolution, initial or otherwise, shall be E transferred to the new service provider as efficiently and practicably as possible, and within the guidelines and restrictions of the Rules of Professional Conduct. Cases in progress at the Agreement expiration or termination that cannot be lawfully a transferred at the time of expiration or termination will be compensated at one hundred-forty dollars ($140.00) per hour until completed or transferred to the new E service provider. a 24. NON-DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached Agreement for Indigent Defense Services Page 11 of 26 Packet Pg. 17 4.2.b City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. 25. PROOF OF LIABILITY INSURANCE The 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. 26. INDEMNIFICATION The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever related to or i 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 U of the Contractor relating to the representation or lack of representation of clients, N 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 o 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 a� 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. N N 27. COMPENSATION as Cn 27.1. Payment for Services. The City shall provide to the Contractor for services o rendered under this Agreement the sum of ONE MILLION TWO HUNDRED FORTY SIX THOUSAND NINE HUNDRED TWENTY DOLLARS ($1,246,920) per year, payable on a E pro rats basis through equal monthly payments of $103,910 per month from February 1 2023, through December 31, 2024. a If this Agreement is terminated pursuant to the provisions set forth in Section 22, the Contractor's compensation shall be prorated based upon the number of months E and portions of months which have elapsed between the commencement of the year and the effective date of termination. Q 27.2. Billing. The Contractor shall bill the City each month for services rendered herein. These shall be sent in care of the City's Human Services Division, by the 1011 day of the month for the monthly installment set forth in subsection 27.1, and any transcription costs as permitted by this Agreement. 27.3. Payment. The City shall make payments within 30 days of receipt of the 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 12 of 26 Packet Pg. 18 4.2.b 27.4. Sufficient Compensation. The Contractor further warrants that the compensation provided under this Agreement is sufficient to provide all support, training, administrative and staff services, routine investigations, and all other systems, staffing, or infrastructure necessary to comply with the Decision and Standards, except as provided in Subsection 27.5. By way of example, and except as provided in Section 27.5, this includes costs related to travel, telephones, law library including electronic research, financial accounting, case management systems, computers and software, office space and supplies, training, meeting the requirements imposed by the Washington Supreme Court Standards for Indigent Defense, and other costs incurred in the day-to-day management of the services called for by this Agreement. 27.5. Non-routine Case Expenses. The City may pay for non-routine case expenses when reasonably incurred and preauthorized by the Court or the City from funds available for that purpose, unless the services are performed by the Contractor's staff U or subcontractors. Examples of potential non-routine, preauthorized expenses that N might be subject to additional reimbursement include, but are not limited to: a� 0 a. Investigation expenses a� b. Medical and psychiatric evaluations C. Expert witness fees and expenses d. Interpreters M e. Polygraph, forensic, and other scientific tests ,n a� f. Medical records a� g. Any other non-routine expenses the Court finds necessary and proper L for the investigation preparation, and presentation of a case. ,° a� 28. SUBCONTRACTING PROHIBITED E as L Except in extraordinary circumstances, the Contractor shall not subcontract with a another attorney or law firm to provide the services required herein. The Contractor shall remain directly involved in and responsible for the representation of all assigned E defendants. 29. ASSIGNMENT PROHIBITED a 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. 30. 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. Agreement for Indigent Defense Services Page 13 of 26 Packet Pg. 19 4.2.b 31. 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 the Contractor will not be considered an employee of the City for any purpose. The 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. The Contractor shall be solely responsible for any and all claims or lawsuits filed against the 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. The Contractor further agrees that its U employees are not considered employees of the City for the purposes of participating N 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 o that a claim is made to the contrary by any employee or volunteer of the Contractor, the 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. 0 v 32. ADDITIONAL SERVICES N N The 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 Cn undertaken only upon written authorization of the City based upon an agreed amount of compensation. '0 a� 33. NOTICES m as L All notices and other written documentation shall be sent to the parties at the a following addresses unless otherwise requested in writing: E City of Kent: Contractor: Mayor N. Scott Stewart a City of Kent Stewart MacNichols 220 Fourth Ave. S. Harmell, Inc. P.S., Kent, WA 98032 655 W. Smith Street, Suite 210 Kent, WA 98032 34. ENTIRE AGREEMENT — AMENDMENTS This instrument contains the entire Agreement between the parties for the contemplated work and services to commence February 1, 2023, and it may not be Agreement for Indigent Defense Services Page 14 of 26 Packet Pg. 20 4.2.b enlarged, modified, altered, or amended except in writing signed and endorsed by the parties. 35. DUPLICATE ORIGINALS This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. 36. SUPERSEDES. r This Agreement supersedes and replaces in its entirety any prior agreements and amendments. ° U m N 37. EFFECTIVE DATE a a� 0 The terms of this Agreement shall take effect on February 1, 2023. a� a� CITY: ATTORNEY: c City of Kent Stewart MacNichols o Harmell Inc., P.S. M aD a� Print Name: Dana Ralph Print Name: Cn L Title: Mayor Title: .° Dated: Dated: E a� a r Human Services Manager, City of Kent APPROVED AS TO FORM: r Q Kent Law Department ATTEST: Kent City Clerk Agreement for Indigent Defense Services Page 15 of 26 Packet Pg. 21 4.2.b c� L O U m c m m r c m :a c 0 v M N N V d L O Y E L a r V r a Agreement for Indigent Defense Services Page 16 of 26 Packet Pg. 22 4.2.b DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: U a� • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis o of race, color, national origin); a� • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally- Assisted Programs Of The Department Of Transportation- Effectuation Of Title VI Of The Civil Rights Act Of 1964); M • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). L O Y • Ch. 49.60 RCW (Washington Law Against Discrimination) E a� L The preceding statutory and regulatory cites hereinafter are referred to as "the a Acts and Regulations". r a� The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for Q this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. Packet Pg. 23 4.2.b 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 0 U m A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non- discrimination, including those applicable to Federally-assisted programs of the U.S. Department of Transportation, State- assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against o Discrimination, Ch. 49.60 RCW, as they may be amended from M time to time, which are herein incorporated by reference and made a part of this contract. a� Cn B. Non-discrimination: The contractor, with regard to the work .0 performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and E retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate a directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. r a C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. Packet Pg. 24 4.2.b D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. L O E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or M b. cancelling, terminating, or suspending a contract, in whole or in part. a) F. Incorporation of Provisions: The contractor will include the o provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of E equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the a Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for E noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier Q because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Packet Pg. 25 4.2.b Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of 0 disability); and 49 CFR Part 27; as V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the o Civil Rights Act of 1964, The Age Discrimination Act of 1975 and M Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities T L are Federally funded or not); ,0 viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation E of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 a U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, 2 color, national origin, and sex); Q X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title Packet Pg. 26 4.2.b VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. L O By: For: a� 0 r Title: a =a Date: ` cfl 0 v M N N V d Cn L O Y E L Q r E V r a Packet Pg. 27 4.2.b CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 L APPROVED BY Dana Ralph, U Mayor N c as POLICY: o r c Equal employment opportunity and non-discrimination in contracting 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 Cn indicating commitment as an equal opportunity employer. o 0 2. Actively consider for promotion and advancement available minorities and women. L Further, all contractors, subcontractors, consultants, suppliers, grantees, or a subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing E performance. Any contractor, subcontractor, consultant or supplier who willfully disregards Q 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 coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. Packet Pg. 28 4.2.b 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. L O U m c m m r c m :a c 0 v M N N V d Cn L O Y E L Q r E V r a Packet Pg. 29 4.2.b c� L O U m c m m r c m :a c 0 v M N N V d L O Y E L a r V r a Packet Pg. 30 4.2.b 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. r A. Minimum Scope of Insurance L 0 Contractor shall obtain insurance of the types described below: a� a� aD 1. Professional Liability insurance appropriate to the r Consultant's profession. a� B. Minimum Amounts of Insurance �o Contractor shall maintain the following insurance limits: M a� 1. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy cn aggregate limit. ,0 C. Other Insurance Provisions E a� The insurance policies are to contain, or be endorsed to contain, the following a provisions for Automobile Liability and Commercial General Liability insurance: a� 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage r maintained by the City shall be excess of the Contractor's insurance and Q 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. Packet Pg. 31 4.2.b 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. 0 U m D. Acceptability of Insurers a� Insurance is to be placed with insurers with a current A.M. Best rating of not 0 less than ANII. =a c E. Verification of Coverage M 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 Cn Contractor before commencement of the work. 0 c m F. Subcontractors L Contractor shall include all subcontractors as insureds under its policies or shall a furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance E requirements as stated herein for the Contractor. a Packet Pg. 32 4.3 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: January 5, 2023 TO: Parks and Human Services Committee SUBJECT: Conflict Indigent Defense Contract MOTION: I move to approve the agreement for Conflict Indigent Defense Services with Valley Defenders PLLC in an amount not to exceed $200,000 and authorize the Mayor to sign the agreement subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The O'Brien Law Firm has provided conflict indigent defense services to the City since March 2015. Jamie O'Brien has been the attorney providing services under this contract and will be leaving the O'Brien Law Firm and joining Valley Defenders in January 2023. Accordingly, the City will terminate its existing agreement with the O'Brien Law Firm. The term of the new agreement with Valley Defenders is from February 1, 2023 - December 31, 2024. The City will pay Valley Defenders a flat rate of $5000 for the first 10 cases assigned per month and then $400 for each additional case assigned per month. The total fees and costs paid under this agreement shall not exceed $200,000. BUDGET IMPACT: The funds were approved in the 2023-2024 budget. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Agreement for Services (DOCX) Packet Pg. 33 4.3.a AGREEMENT FOR CONFLICT INDIGENT DEFENSE SERVICES This Agreement is entered into between the City of Kent, a Washington municipal Corporation ("City") and Valley Defenders PLLC ("Contractor"). 1. DEFINITIONS Attorney(s). Attorney(s) shall mean attorneys working for the law firm of Valley Defenders PLLC, and where appropriate, shall include Rule 9 interns. L Case. The term "case" shall have the same meaning as provided in Standard 3 of 0 the Standards for Indigent Defense established by the Washington Supreme Court. N C N Contractor. Contractor shall mean the law firm of Valley Defenders PLLC and shall o mean each attorney and Rule 9 Intern working for the Contractor. a� T Defendant. Defendant shall mean a person charged with a misdemeanor or gross D misdemeanor offense that is filed into the Kent Municipal Court for whom the Contractor must provide services pursuant to Section 2 of this Agreement. c 0 2. SCOPE OF WORK AND DUTIES OF CONTRACTOR ti 0 2.1. Criminal Defense Representation - To Whom Provided. Except in cases in FIL � which a conflict of interest exists, the 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 a determination that a '0 conflict of interest exists with the law firm of Stewart MacNichols Harmell, Inc. P.S. E a� 2.2. Duration of Representation of Defendant. In cases in which the Contractor is appointed as attorney of record, the Contractor shall represent the defendant at all a stages of the criminal process, from the time of appointment by the court as attorney of record through the appeals process, as well as during any period in which the court E retains jurisdiction over the terms and conditions of any sentence or deferral. 3. ATTORNEY DEFENDANT INTERACTIONS a 3.1. Contact Prior to Court Hearings. The 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. The Contractor will seek timely and confidential information from each defendant regarding possible defenses, the need for investigation, mental and physical health issues, immigration status, client goals, and the advisability of additional discovery. Defendants shall be provided access to the Contractor by means of a toll-free call. Agreement for Indigent Defense Services Page 1 of 15 Packet Pg. 34 4.3.a 3.2. Interactions on the Record. The Contractor shall appear at all hearings, shall actively represent each defendant while the defendant's case is considered on the court record, and shall keep the defendant adequately informed such that the defendant proceeds in a knowing, intelligent, and voluntary manner. 3.3. Office or Meeting Space and Equipment Required. At all times during the term of this Agreement, the Contractor shall maintain an office or meeting space to accommodate confidential meetings. The Contractor shall also maintain telephone, facsimile, and internet services, cellular telephone service, and a location at which mail and service of process is received. 3.4. Case Management System. The Contractor shall maintain a process for recording defendant interactions and work performed on behalf of defendants. o U 4. QUALITY OF REPRESENTATION — QUALIFICATIONS - TRAINING as as 4.1. Qualifications. The Contractor shall, at a minimum, satisfy the minimum qualifications to practice law as established by the Washington Supreme Court, and shall provide services in a professional and skilled manner consistent with :T Washington's Rules of Professional Conduct, applicable case law, including but not limited to Wilbur v. Mt. Vernon 989 F. Supp. 2d 1122 (2013) (hereinafter the 2 "Decision"), Washington State Supreme Court Standards for Indigent Defense, the o Constitutions of the United States and Washington, the court rules that define the U duties of counsel and the rights of defendants, and the City Resolution regarding o indigent defense services. The Contractor's primary and fundamental responsibility M shall be to promote and protect the interests of the defendant. a� 4.2. Training. Each attorney of the Contractor shall complete a minimum of 21 of the reportable continuing legal education credits per reporting period in the areas of L criminal defense law or any other subject that, in the opinion of the Contractor, is 0 applicable to providing criminal defense services. E S. CASELOAD LIMITS a� a 5.1. Caseload Limits in General. The Contractor shall maintain a caseload of no more than 400 cases per year as provided in Standard 3 of the Standards for Indigent Defense established by the Washington Supreme Court. In the event the Contractor is handling an excessive number of cases, the Contractor shall refuse further appointment of cases until such time as the Contractor's caseload is appropriately a reduced. 5.2. Court Certification. The Contractor shall certify compliance with the caseload limits with the Kent Municipal Court as required by court rule and shall provide a copy of the certification to the Human Services Division. 6. CONFLICTS OF INTEREST Agreement for Indigent Defense Services Page 2 of 15 Packet Pg. 35 4.3.a In the event the Contractor is disqualified or excused as counsel of record due to a conflict of interest, the Contractor shall not be required to pay any compensation to another attorney assigned to represent the defendant. 7. PERFORMANCE MONITORING AND ATTORNEY SUPERVISION The Contractor shall establish a program for managing and monitoring the performance of attorneys who provide 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. L 8. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT o U 8.1. Human Services Division. This Agreement shall be managed and monitored by the 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 Division. �' �a c r 8.2. City Consultant. The City may retain a consultant to monitor the Contractor's .2 compliance with this Agreement. The Contractor agrees to participate and comply in o good faith with the City's monitoring efforts. The Contractor shall not be required to L) compromise any attorney-client privilege during monitoring. o 1* M 9. COMPLAINTS AND CORRECTIVE ACTION as 9.1. Investigation by the Contractor. In the event a complaint is received by the Contractor or by the Human Services Division, the Contractor shall investigate the L complaint. The Contractor shall inform the complainant and the Human Services .° Division of the results of the investigation. E a� 9.2. Investigation by the City. In the event a complaint is received by or directed to the Human Services Division and is not timely resolved by the Contractor, the a Human Services Division may investigate the complaint. The Human Services Division may consult with legal counsel other than the City Attorney's Office, or another expert, in order to resolve the complaint. In addition, the Human Services Division may consult with the Washington State Bar Association when appropriate. .2 Agreement for Indigent Defense Services Page 3 of 15 Packet Pg. 36 4.3.a 10. DURATION AND TERMINATION 10.1. Term of Agreement. The term of this Agreement will be from February 1, 2023 through December 31, 2024, unless extended or terminated in accordance with this Agreement. 10.2. Termination. This Agreement may be terminated such that the Contractor shall not accept appointment to additional cases from the Court upon written notice of breach of this Agreement, or absent breach, upon 14 days written notice by either party. Each and every term of this Agreement is material, and the failure of any party to comply with any term of this Agreement shall constitute a breach of this Agreement. c 0 10.3. Continuation of Representation. The continued representation of defendants L) by the Contractor after termination shall be governed by the interests of the defendants, the Rules of Professional Conduct, the Supreme Court's Standards for Indigent Defense, and the issues addressed in the Decision. o a� 11. COMPENSATION AND EXPENSES :T c 11.1. Case Fees. The City shall pay the Contractor for services rendered under this 2 Agreement the sum of FIVE THOUSAND DOLLARS ($5,000.00) for the first ten (10) o cases assigned in the Kent Municipal Court per month ("Monthly Flat Fee"), and FOUR L) HUNDRED DOLLARS ($400.00) for each additional case per month; SEVEN HUNDRED o FIFTY DOLLARS ($750.00) per case appealed to the Superior Court; and ONE M THOUSAND DOLLARS ($1,000.00) per case appealed to the Court of Appeals or Washington Supreme Court. The Contractor shall bill for and be paid the above fees one time per case. If the Contractor withdraws from a case and then is reassigned to the case, the Contractor shall not bill for or be paid for the case upon reassignment. in The total fees and costs paid to the Contractor under this Agreement and throughout ,0 its term shall not exceed $200,000, unless any such additional fees and costs are authorized through an amendment to this Agreement signed by both the City and the E Contractor. L Q In the event that Kent Municipal Court significantly reduces the number of cases assigned, and the Contractor is assigned less than five (5) cases per month for at least three (3) consecutive months, the City shall not be required to pay the Monthly Flat Fee and will only pay the Contractor FOUR HUNDRED DOLLARS ($400.00) for each case assigned. Alternatively, the City may terminate the Agreement in a accordance with Section 10.2. 11.2. Review Hearing Fees. After the Kent Municipal Court's entry of a judgment and sentence, a deferral of sentence, or entry of a deferred prosecution or stipulated order of continuance, in the event the Contractor is required to appear with the Defendant at review hearings in the case, the Contractor shall be paid FIFTY DOLLARS ($50.00) per review hearing for up to five (5) review hearings. The Contractor shall appear at any review hearings beyond five (5) hearings for no additional fee. The Agreement for Indigent Defense Services Page 4 of 15 Packet Pg. 37 4.3.a term "case" shall have the same meaning as provided in Standard 3 of the Standards for Indigent Defense established by the Supreme Court. 11.3. Billinci. The Contractor shall bill the City, in care of the City's Human Services Division, by the 10t" day of the month following an appointment. The Contractor shall also bill for any review hearing fees as well as expenses permitted in Sections 11.6 and 11.7 of this Agreement by the 101" day following the month of the accrual of the allowable fees or expenses. 11.4. Payment. The City shall make payments within 30 days of receipt of the Contractors bill. L 11.5. Compensation Sufficient. Except as provided in Subsections 11.6 and 11.7, o the Contractor warrants that the compensation provided under this Agreement L) a� includes and is sufficient to provide for all costs related to travel, telephones, law library including electronic research, financial accounting, case management systems, computers and software, office space and supplies, administrative and staff services, training, licensing, meeting the requirements imposed by the Washington Supreme Court Standards for Indigent Defense, and other costs incurred in the day- :T to-day conduct of legal services and the management of the services called for by this Agreement. 2 c 0 11.6. Non-Routine Expenses. The City will pay for non-routine case expenses when L) reasonably incurred and preauthorized by the Court or the City from funds available o for that purpose, unless the services are performed by the Contractor's staff or M subcontractors. Examples of potential non-routine, preauthorized expenses that might be subject to additional reimbursement include, but are not limited to: a. Investigation expenses L b. Medical and psychiatric evaluations ,0 C. Expert witness fees and expenses d. Interpreters E e. Polygraph, forensic and other scientific tests f. Medical records a g. Any other non-routine expenses the Court finds necessary and proper for the investigation preparation, and presentation of a case. 11.7. Transcription Expenses. The City agrees to reimburse the Contractor for all a reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. 12. DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical Agreement for Indigent Defense Services Page 5 of 15 Packet Pg. 38 4.3.a disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. 13. PROOF OF LIABILITY INSURANCE The 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. r 14. INDEMNIFICATION r c 0 The Contractor shall indemnify, defend, and hold the City, its elected officials, U 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, (D and/or by reason of accident, injury, or death caused to any persons or property of :T any kind occurring during the performance or lack thereof of the work required by r this Agreement, or traveling to or from any place to perform the work required by 2 this Agreement, except to the extent they are caused by the sole negligence of the o City. The failure of the Contractor to carry insurance in a quantity sufficient to defend L) a claim or lawsuit or cover any judgment that results shall not operate to limit the o Contractor's indemnification or defense of the City. This indemnification section shall M survive the expiration or termination of this Agreement. a� 15. SUBCONTRACTING AND REASSIGNMENT PROHIBITED it a� L The Contractor shall not subcontract with another attorney or law firm to provide the ,0 services required herein. The Contractor shall remain directly involved in and responsible for the representation of all assigned defendants. No assignment or E transfer of this Agreement or of any interest in this Agreement shall be made by L either of the parties without prior written consent of the non-assigning party. a w c 16. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND NOT EMPLOYEE r This Agreement calls for the performance of the services of the Contractor as an a independent contractor and the Contractor will not be considered an employee of the City for any purpose. The 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. The Contractor shall be solely responsible for any and all claims or lawsuits filed against the Contractor by personnel employed by the Attorney related to the conditions or terms of employment by the Contractor, and the Agreement for Indigent Defense Services Page 6 of 15 Packet Pg. 39 4.3.a Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits. The 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, the 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. 17. NOTICES r L All notices and other written documentation shall be sent to the parties at the 0 following addresses unless otherwise requested in writing: L) aD c City of Kent: Contractor: Human Services Division Valley Defenders PLLC City of Kent 2700 Richards Rd. Suite-202 a 220 Fourth Ave. S. Bellevue, WA 98005 :T Kent, WA 98032 r 4- c 0 18. SERVICES NOT EXCLUSIVE r� 0 The Contractor agrees that the City may contract with other attorneys for the services M called for in this Agreement, and the Contractor shall not be the exclusive contractor utilized by the City for the services called for in this Agreement. a� 19. ENTIRE AGREEMENT — AMENDMENTS N L 0 This instrument contains the entire Agreement between the parties for the work and services called for herein, and it may not be enlarged, modified, altered, or amended E except in writing signed by the parties. L a� Q 20. DUPLICATE ORIGINALS a� E This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. r Further, upon executing this Agreement, either party may deliver the signature page a Agreement for Indigent Defense Services Page 7 of 15 Packet Pg. 40 4.3.a to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. 21. EFFECTIVE DATE The terms of this Agreement shall take effect on the last day signed below. CITY: ATTORNEY: City of Kent Valley Defenders PLLC L Print Name: Dana Ralph Print Name: Jamie O'Brien Title: Mayor Title: Attorney y Dated: Dated: a� 0 ATTEST: a� T �a c Kent City Clerk c 0 U ti 0 1* M N d V N L 0 E L Q E V Q Agreement for Indigent Defense Services Page 8 of 15 Packet Pg. 41 4.3.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); c 0 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs • Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); 0 • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) 2 c 0 The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and L) Regulations". o 1* M The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined L below, 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. E The statements are as follows: a 1. I have read the attached City of Kent administrative policy number 1.2. E 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. a 3. During the time of this Agreement I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 42 4.3.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 0 as C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or aD supplier will be notified by the contractor of the contractor's obligations under this ia contract and the Acts and the Regulations relative to non-discrimination on the r grounds of race, color, or national origin. 2 c 0 D. Information and Reports: The contractor will provide all information and reports L) required by the Acts and Regulations and directives issued pursuant thereto and will o permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or N L refuses to furnish the information, the contractor will so certify to the City or the 0 Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E a� a� L E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with a the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the a contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 43 4.3.a direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. >4 ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, o (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose L) property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination o on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, . (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), 2 (prohibits discrimination on the basis of age); c vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as US amended, (prohibits discrimination based on race, creed, color, national origin, or ti sex); M vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, N coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the in programs or activities of the Federal-aid recipients, sub-recipients and contractors, ,o whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private i transportation systems, places of public accommodation, and certain testing entities a (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority a Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 44 4.3.a xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: L Title: 0 0 U Date: y c as as 0 as LM c r c 0 U ti 0 1* M N d V N L 0 E L Q E V Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 45 4.3.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor r POLICY: c 0 U Equal employment opportunity and non-discrimination in contracting requirements for the City of y Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and a suppliers of the City must guarantee equal employment opportunity within their organization and, a 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. 0 U Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the o City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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. 0 c Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public E Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. a c 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these E regulations are familiar with the regulations and the City's equal employment opportunity r policy. .2 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 46 4.3.a 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 L c 0 Contractor shall obtain insurance of the types described below: U a� N C 1. Professional Liability insurance appropriate to the Consultant's profession. o a� B. Minimum Amounts of Insurance T c Contractor shall maintain the following insurance limits: 2 c 2. Professional Liability insurance shall be written with limits no less c°� than $1,000,000 per claim and $1,000,000 policy aggregate limit. ti 0 1* M C. Other Insurance Provisions a� The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: in L 0 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. a 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 a been given to the City. a 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 Packet Pg. 47 4.3.a 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 L amendatory endorsements, including but not necessarily limited to the o additional insured endorsement, evidencing the insurance requirements of the L) Contractor before commencement of the work. a� F. Subcontractors o as Contractor shall include all subcontractors as insureds under its policies or shall T furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance 2 requirements as stated herein for the Contractor. o U ti 0 1* M N d V N L 0 E L Q yr E V Q Packet Pg. 48