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HomeMy WebLinkAboutContractAGREEMENT FOR SERVICES BETWEEN THE CITY OF RENTON AND VALLEY DEFENDERS, PLLC FOR INDIGENT DEFENSE SERVICES THIS AGREEMENT, is made to be effective on August 1, 2025, by and between the City of Renton (hereinafter referred to as the “City”) and Valley Defenders, PLLC (hereinafter referred to as “Attorney”), doing business at 2700 Richards RD, Suite 100, Bellevue, WA 98005. WHEREAS, the City of Renton provides indigent defense services to individuals who have been certified for representation by the Court in criminal charges before the Renton Municipal Court (hereinafter referred to as the “Municipal Court”); and WHEREAS, the Attorney is a licensed attorney in good standing in the State of Washington who has been selected to perform services to indigent defense clients for the City of Renton; and WHEREAS, the City of Renton has adopted standards for public defense pursuant to the requirements of RCW 10.101.030; and WHEREAS, the Washington Supreme Court has adopted standards regarding the caseload of public defenders and the Washington State Office of Public Defense has provided guidance regarding case weighting systems; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: 1.Scope of Services, Standards and Warranty. The Attorney will provide indigent defense services in accordance with the duties and standards of representation detailed in Exhibit A (hereinafter “Standards”) for clients appointed or assigned pursuant to RCW 10.101.020. These Standards are incorporated by this reference as if herein set forth. In the event the Standards adopted by the City are amended in order to incorporate changes required to conform to changes in Washington Supreme Court Rules or other applicable guidance such as the Washington State Bar Association Standards, the parties agree to reopen this Agreement in order to incorporate those changes and adjust the provisions of this Agreement, including compensation as needed to conform this Agreement to the Standards. The Attorney individually warrants that he/she, and every attorney and/or intern employed by the Attorney to perform services under this contract, have read and are fully familiar with the provisions of the Washington Supreme Court rule, the Standards defined in Exhibit A, and applicable professional conduct rules. Compliance with these Standards goes to the essence of this Agreement. 1.1. The Attorney and every attorney and/or intern performing services under this Agreement shall certify compliance with the Supreme Court Caseload Standards quarterly with the Renton Municipal Court on the form established for that purpose by court rule. A copy of each and every such certification shall be provided to the City contemporaneously with filing with the Municipal Court. CAG-25-232 1.2. By way of illustration and not limitation, the Attorney has proposed compensation levels, staffing and infrastructure that provide the capacity and resources to meet the Standards including affirmative efforts to contact a client who fails to appear for an appointment and document those efforts. 1.3. The Attorney will maintain contemporaneous records on a daily basis in a format approved by the City. The Attorney will provide confirmation of continuing education courses in the area of criminal law and defense annually by December 31st. The Attorney will maintain and provide to the City all data, information and case files referenced in the Standards and this contract and any and all other information reasonably requested by the City or a successor, so long as consistent with the attorney-client privilege and any protective order entered by a court of competent jurisdiction. The Attorney shall promptly report a sustained disciplinary action by the Washington State Bar Association or a finding by a court of competent jurisdiction that an Attorney has been found to have provided ineffective assistance of counsel. 1.4. The Attorney will use a free “do not record” phone line to contact incarcerated indigent defendants and take reasonable measures consistent with local practice to ensure confidentiality of contacts with incarcerated defendants. 1.5. The Attorney shall, with respect to any jail or other incarceration facility in which an assigned defendant is incarcerated: 1.5.1. Review forms from the jail or other incarceration facility to assure that they accurately advise clients whether written communications are confidential; and 1.5.2. With reference to any indigent defendant client being held in an out- of-county jail or other incarceration facility, determine what arrangements have been made to allow clients to maintain confidential communications with their attorney and timely notify the City if no such arrangements are in place. 1.6. The Attorney shall respond to client complaints promptly in accord with WSBA Standard 15. The term “complaint” shall be consistent with its usage in the Standard and refers to complaints by assigned clients regarding the provision of legal services under this agreement. The Attorney will consult with the Washington State Bar Association in the event that the Attorney requires guidance regarding whether a particular communication constitutes a complaint within the meaning of the Standard and document the response. The Attorney shall maintain a log regarding resolution of the complaints containing, at a minimum, the date of the complaint, the complainant and the date of resolution, if any, of the complaint. The Attorney shall cooperate with review of the resolution of complaints by the City or an outside resource contracted with by the City to review the Attorney’s performance under the Contract to the extent consistent with preservation of the attorney client privilege. 1.7. The Attorney warrants that his/her compensation, reflected in Section 2 Compensation, reflects all infrastructure, support, administrative services, and systems necessary to comply with the Standards, including investigator services as specified in Section 2.3. 1.8. Each and every Attorney providing services under this Agreement shall earn at least seven (7) CLE credits per year in areas relevant to the criminal law, as well as misdemeanor or public defense practice. The Attorney shall document training annually by providing the City with a list of all trainings attended by Attorney and staff during each year of the contract. Any training which results in a CLE credit shall be so designated showing the CLE credit given for such training. 1.9. The Attorney shall implement a system to collect the following information, (“Data Points”). A closed case is a case that has been disposed of at the trial court level by entry of a verdict, judgment or plea or dismissal of the charge or charges, and does not include post- conviction monitoring or an appeal, if any. The Data Points shall be provided to the City quarterly (within 30 days of each quarter end) and will include: 1.9.1. the number of cases assigned to each Attorney authorized as a service provider each month, with the year-to-date total; 1.9.2. the number of closed cases in which expert services were requested; 1.9.3. the number of closed cases in which interpreter services were requested, either in court or for utilization by the Attorneys; 1.9.4. the number of closed cases in which an investigator was used; 1.9.5. the number of closed cases in which substantive motions were filed; 1.9.6. the number of closed cases which were tried by a jury, by a judge, or in which charges were dismissed or significantly reduced on the day of trial; 1.9.7. the number of cases which were resolved by the dismissal of the charges, a significant reduction in charges or dismissal of other cases with a plea on the remaining case(s); 1.9.8. the number of appeals and/or writs; 1.9.9. the assigned attorney and if an investigator was used per closed case; 1.9.10. the number of other criminal and civil cases handled in the calendar year. 1.9.11. information relating to the complexity of any civil matter and time billed will be provided. 1.10. The parties will communicate regularly regarding the information collected both under this Agreement and pursuant to the other Data Points. The parties will calendar meetings at least annually as may be necessary to review the data collected and its significance. Attorney agrees to cooperate and communicate with the City to the full extent consistent with preservation of the attorney/client privilege. 1.11. The Attorney shall provide counsel to defendants at arraignment and preliminary appearances regardless of whether they have been screened unless there is a conflict of interest. 1.12. The Attorney’s preparation and appearance at arraignment and status calendars where the Attorney appears without a case assignment shall be counted at 0.22 case per hour in determining case counts and compensation review under Section 2.6. 1.13. The Attorney shall participate in video court proceedings, as arranged by the court. Jail calendars are to be held via video or Zoom. Attorney shall assign two attorneys for each jail calendar. If the court changes the mode of the hearing to require Attorney to be physically present in SCORE, the parties shall renegotiate this contract including compensation. 2. Compensation. 2.1. Monthly Base Compensation. Effective August 1, 2025, the City shall pay the Attorney for services rendered under this contract in the amount of one hundred thirty thousand dollars ($130,000) per month as base compensation. Compensation for appearances at arraignment calendars and post-conviction calendars is included in the base compensation for new cases. The compensation amount represents the salary and benefits necessary to provide the equivalent of 4.5 FTE public defenders and 1 FTE investigator dedicated to City cases, performing anticipated work on up to one thousand four hundred (1,400) assigned cases per year and all infrastructure, support, and systems necessary to comply with the Standards. If the City’s case count exceeds 1,400 cases per year, the City shall pay the Attorney one thousand dollars ($1,000) per case for each additional case. As provided in Section 2.6 and its sub-paragraphs below, the parties will periodically review staffing in light of changes in court rule and case load, if any. If Attorney determines that a proposed or implemented court calendar or other material changes occur, they may request adjustments to compensation to address material impacts on staffing requirements. The City and Attorney agree to proactively work together with the Renton Municipal Court to maintain efficient operations. 2.2. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Attorney shall submit a voucher or invoice in a form specified by the City detailing the monthly compensation charged plus any other compensation authorized herein. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice that includes a detailed case report reflecting the activity of the month providing the data required in the quarterly reports as outlined in Exhibit A. If the Attorney’s performance does not meet the requirements of this Agreement, the Attorney will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. 2.3. Case Counts. Based upon case counts maintained by Attorney and reviewed by the City, current estimates for annual case counts for all indigent cases filed by the City is approximately one thousand four hundred (1,400) cases or about three hundred and fifty (350) cases per quarter. The Attorney shall outline services rendered for Renton cases on each monthly invoice. As provided in the Standards, the case counts also include the Attorney’s appearance at all arraignment and post- conviction calendars. (See Section 1.11 and 1.12 above). The terms “case” and “credit” shall be counted as provided in the Standards. The City has adopted an unweighted case count. 2.4. Base Compensation Inclusions. Except as expressly provided in Section 2.5 and 2.6, the cost of all infrastructure, administrative support and systems, as well as standard overhead services necessary to comply with the established standards is included in the base payment provided in Section 2.1 above, including investigator services equivalent to 1 FTE investigator dedicated to City cases. 2.5. Payments in Addition to the Base Compensation. The City shall pay for the following case expenses when approved by the Municipal Court from funds available for that purpose. Unless the services are performed by the Attorney’s staff or paraprofessional subcontractors, such as translator(s) or investigator(s), non-routine expenses include, but are not limited to: 2.5.1. medical and psychiatric evaluations; 2.5.2. expert witness fees and expenses; 2.5.3. interpreters; 2.5.4. polygraph, forensic and other scientific tests; 2.5.5. a computerized or other legal research which is not typically maintained as a part of defense counsel legal libraries or research capabilities; 2.5.6. investigation expenses that exceed the capacity of the 1 FTE investigator included in base compensation; and 2.5.7. any other expenses the Municipal Court finds necessary and proper for the investigation, preparation, and presentation of a case. 2.6. The City shall pay or reimburse the following: 2.6.1. Lay Witness Fees. Lay witness fees and mileage incurred in bringing defense witnesses to court, including but not limited to, salary or expenses of law enforcement officers required to accompany incarcerated witnesses; 2.6.2. Copying Client’s Files. The actual cost of providing one copy of a client’s or former client’s case file upon client’s or client’s appellate, post-conviction relief or habeas corpus Attorney’s request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; 2.6.3. Copying Direct Appeal Transcripts Supreme Court Rules for the Administration of Courts of Limited Jurisdiction RALJ Appeals. The actual cost of preparing and making copies of direct appeal transcripts for representation in post-conviction relief cases; 2.6.4. Records. To the extent such materials are not provided through discovery, the cost of acquiring medical, school, birth, DMV, and other similar records, and 911 and emergency communication recordings and logs; and 2.6.5. Process Service. The normal, reasonable cost for the service of a subpoena. 2.7. Review and Renegotiation. 2.7.1. Due to Increases or Decreases in Caseload. The City and the Attorney shall, at the option of either party, renegotiate this contract if there is a significant increase or decrease in the number and types (gross misdemeanor vs misdemeanor) of cases assigned. “Significant” shall mean a change of more than ten percent (10%) in the number or types of cases assigned. If cases are estimated to approach or exceed one thousand four hundred (1,400) cases per year or three hundred and fifty (350) cases per quarter, the parties may renegotiate this contract to increase case coverage and compensation to the Attorney. At the request of either party, the City and the Attorney will periodically review case assignment trends, requests for additional credits and any other matters needed to determine contract compliance or necessary contract modifications. The Attorney shall promptly notify the City when quarterly caseloads require use of overflow or conflict counsel to assure that cases assigned to the Attorney remain within the limits adopted in this contract and comply with state and local standards. 2.7.2. 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 significantly modifies the Standards for Indigent Defense adopted pursuant to the Court rule. 2.7.3. Review of Contract Extension. On or before May 1, 2026, unless this Agreement has been terminated as provided herein, the Attorney may give the City a proposal for a one (1) year extension provided for in Section 3. The City shall respond by June 30, 2026. With the mutual agreement of the parties, compensation and other contract terms may be adjusted for future years. 2.8. Blake Conviction Vacation Calendars. Attorney shall be paid $500 per calendar for any additional court calendars that are scheduled by the court for Attorney to represent individuals making motions to vacate convictions pursuant to applicable Washington Supreme Court decisions or court rules that allow individuals to have past convictions vacated. Attorney shall represent indigent individuals seeking conviction vacation in such hearings. In addition, the Attorney shall be paid at the rate of $250 per hour for all work performed on conviction vacation cases outside of court. Attorney shall track all time for conviction vacation related cases separately and shall separately invoice for or clearly denote these costs separately on the monthly invoice. 2.9. Community Court Calendars. Attorney shall assign a one attorney to attend up to one community court hearings a week without additional compensation under this agreement. In addition, Attorney shall participate in all community court stakeholder and staffing meetings. 3. Term. The term of this Agreement shall be from August 1, 2025, through July 31, 2026, unless sooner terminated as provided herein. The Agreement may be extended for one (1) additional one (1) year term at the mutual agreement of the parties. 3.1. For Cause. This Agreement may be terminated for cause for violation of any material term of this Agreement. “Material term” shall include any violation indicating a failure to provide representation in accordance with the rules of the court and the ethical obligations established by the Washington State Bar Association, a violation of the Standards or the provisions of Section 6 relating to insurance, conviction of a criminal charge, and/or a finding that the license of the Attorney, or any attorney providing service under this Agreement, has been suspended or revoked. Any violation of the other provisions of this Agreement shall be subject to cure. Written notice of contract violation shall be provided to the Attorney who shall have thirty (30) business days to correct the violation. Failure to correct the violation will give rise to termination for cause at the City’s discretion. In lieu of terminating this contract, the City may agree in writing to alternative corrective measures. 3.2. Termination on Mutual Agreement or by Notice. The parties may agree in writing to terminate this contract at any time. Unless otherwise agreed to in writing, termination or expiration of this contract does not affect any existing obligation or liability of either party. Either party, with 30 days written notice, may terminate this Agreement. 3.3. Obligations survive Termination. In the event of termination of this Agreement, the following obligations shall survive and continue: 3.3.1. Representation. The Attorney will continue to represent clients on previously assigned cases until the case has a disposition on the trial court level or the court authorizes withdrawal from representation under applicable rules, which may include the client fails to appear for a scheduled court appearance and the court authorizes withdrawal from representation under applicable rules. The Attorney will continue to represent and not seek to withdrawal for clients whose case was assigned and paid for during the term of this agreement in post-conviction proceedings for a period of up to one (1) year or until they fail to appear or otherwise communicate with Attorney. The City, at its option, may designate a shorter transition period and have cases assigned to a replacement attorney at any time. The purpose of continued representation is to allow the clients to maintain representation by an attorney familiar with the individual and to reasonably transfer the post-conviction calendar to a replacement attorney in a way that does not prejudice defendants. The City will pay the Attorney $250 per hour spent representing clients during period of continued representation and all applicable standards will continue to apply. Billing for the hourly rate may be done on a block billing basis without detailed per client services broken out; monthly and quarterly reporting with case assignment details will continue. The Attorney will reasonably cooperate with newly appointed counsel on case reassignment in fulfillment of his/her ethical obligations. This subsection shall not apply in situations in which the attorney is physically or mentally unable to perform, voluntarily suspends his/her license to practice law or is suspended or disbarred from the practice of law. 3.3.2. The provisions of Sections 1 and 5, as well as this subsection survive termination as to the Attorney. The City shall remain bound by the provisions of Section 2.5 and its subsections with respect to additional costs incurred with respect to cases concluded after the termination of this contract. 4. Nondiscrimination. Neither the Attorney nor any person acting on behalf of the Attorney shall, by reason of race, creed, color, national origin, sex, sexual orientation, including gender identity, honorably discharged veterans or military status, or the presence of any sensory, mental, or physical disability, HIV/AIDS and Hepatitis C status, or the use of a trained guide dog or service animal by a person with a disability, discriminate against any person who is qualified and available to perform the work to which the employment relates, or in the provision of services under this Agreement. 5. Indemnification. 5.1. The Attorney agrees to hold harmless and indemnify the City, its officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including Attorney’s fees or awards, and including claims by Attorney’s own employees to which the Attorney might otherwise be immune under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the Attorney, his/her officers or agents in the performance of this Agreement. 5.2. It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the Attorney’s waiver of immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. 5.3. The City agrees to hold harmless and indemnify the Attorney, his/her officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including the Attorney’s fees or awards, arising out of or in connection with any willful misconduct or negligent error or omission of the City, its officers or agents in the performance of this Agreement. 5.4. This clause shall survive the termination or expiration of this Agreement and shall continue to be in effect for any claims or causes of action arising hereunder. 6. Insurance. The Attorney shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or property which may arise from or in connection with the performance of work hereunder by the Attorney, or the agents, representatives, employees, or subcontractors of the Attorney. 6.1. Minimum Scope of Insurance. The Attorney shall obtain insurance of the types described below, naming the City as additional named insureds on the commercial general liability insurance: 6.1.1. Commercial. General Liability with a minimum limit of liability of $2,000,000 combined single limit each occurrence bodily injury and property damage. 6.1.2. Automobile. Liability covering owned and non-owned vehicles with a minimum limit of liability of $1,000,000 combined single limit each occurrence bodily injury and property damage. 6.1.3. Professional Liability (Errors and Omissions) for Attorney with a minimum limit of liability of $1,000,000 per claim and $2,000,000 aggregate. 6.1.4. Workers’ Compensation per statutory requirements of Washington industrial insurance RCW Title 51. 6.1.5. Verification of Coverage. The Attorney 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 Service Provider before commencement of the work. Policies shall provide thirty (30) days written notice of cancellation to the City. The Public Defender shall provide the City with proof of insurance for “tail coverage” no later than December 31 of the year of termination of the Contract. The purpose of “tail coverage” is to provide insurance coverage for all claims that might arise from occurrences during the term of the Contract or extension(s) thereof, but not filed during the term of the Contract. 7. Work Performed by the Attorney. In addition to compliance with the Standards, in the performance of work under this Agreement, the Attorney shall comply with all federal, state and municipal laws, ordinances, rules and regulations which are applicable to Attorney’s business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 8. Work Performed at the Attorney’s Risk. The Attorney shall be responsible for the safety of its employees, agents, and subcontractors in the performance of work hereunder, and shall take all protections reasonably necessary for that purpose. All work shall be done at the Attorney’s own risk, and the Attorney shall be responsible for any loss or damage to materials, tools, or other articles used or held in connection with the work. The Attorney shall also pay his/her employees all wages, salaries and benefits required by law and provide for taxes, withholding and all other employment related charges, taxes or fees in accordance with law and IRS regulations. 9. Personal Services, No Subcontracting. This Agreement has been entered into in consideration of the Attorney’s particular skills, qualifications, experience, and ability to meet the Standards incorporated in this Agreement. Therefore, the Attorney has personally signed this Agreement below to indicate that he/she is bound by its terms. This Agreement shall not be subcontracted without the express written consent of the City and refusal to subcontract may be withheld at the City’s sole discretion. Any assignment of this Agreement by the Attorney without the express written consent of the City shall be void. 10. Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of the City and the Attorney. With the approval of the City, an additional attorney may be added to this Agreement by adding his or her signature to these agreements. 11. Entire Agreement: Prior Agreement Superseded. The written provisions in terms of this Agreement, together with any exhibit attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statement(s) shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. Upon execution, this Agreement shall supersede any and all prior agreements between the parties. 12.Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in the Agreement or such other address as may be hereinafter specified in writing: CITY: ATTORNEY: c/o Kristi Rowland c/o Shawn McCully, Esq. CITY OF RENTON Valley Defenders, PLLC 1055 South Grady Way 2700 Richards RD, Suite 1 Renton WA 98057 Bellevue WA 98005 13.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of such covenants, agreements, or options and the same shall be and remain in full force and effect. 14.Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms or conditions contained in this Agreement, the City and Attorney shall first attempt to mediate the matter with a mutually agreed mediator. Nothing herein shall be construed to obligate, require or permit the City, its officers, agents, or employees to inquire into any privileged communication between the Attorney and any indigent defendant. In the event of any litigation arising out of this Agreement, the prevailing party shall be reimbursed for reasonable Attorney’s fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the rules of the Washington Supreme Court as applicable. Venue for an action arising out of this Agreement shall be in King County Superior Court – Kent. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of ____________ 2025. CITY OF RENTON By: Armondo Pavone Mayor ATTEST/AUTHENTICATED: By ATTORNEY City Clerk 29th July 7/29/2025 APPROVED AS TO FORM: By: OFFICE OF CITY ATTORNEY Shawn McCully, Esq. Valley Defenders, PLLC By: Shane Moloney City Attorney Approved by Shane Moloney via email 7/14/2025 Exhibit A Primary Public Defense Services Scope of Work Section 1. Duty of Representation A. General Scope of Representation. Attorney shall act as the City's primary public defense law firm, except as specified herein or precluded by applicable law or professional ethical standards and will provide indigent defense services to all indigent criminal defendants charged by the City of Renton with misdemeanors and/or gross misdemeanors and those individuals under the supervision of the Renton Municipal Court whom the City is legally required to provide indigent legal defense services, except as provided below in Section 1.E below. To accomplish this, Attorney shall provide sufficient staffing as specified in the main contract to minimize the need for the City to utilize secondary public defenders. B. Representation of Defendants at Critical Stages. The Attorney will provide defense services at all critical stages of criminal proceedings, as such stages are interpreted through applicable case law. This includes, but is not limited to, representation of formally appointed defendants from the time of appointment through any appeal stages and post-conviction review hearings. C. Limited Representation prior to Indigency Screening The Attorney will provide effective, but limited, representation to those who self- identify as unable to retain a private attorney and who request assistance of counsel during critical stages of criminal proceedings prior to indigency screening by the Renton Municipal Court. This limited representation may include but is not limited to, advising defendants or suspects who have been arrested or are under police investigation/interrogation, defendants in custody awaiting arraignment, and defendants who are out of custody, participating in an arraignment hearing. The Attorney is not required to advise individuals on eligibility for public defense services. If the Attorney identifies areas for improvement in the screening process, the City will work collaboratively to make improvements toward an efficient process that both meets prevailing law and best practices. The Attorney's representation of individuals before formal appointment shall not extend beyond indigency screening unless the Renton Municipal Court formally appoints the Attorney to continue representation. Attorney shall advise all individuals, to whom it provides limited representation, the nature of the limited representation consistent with applicable rules of professional conduct. D. Attorney Access for the Renton Police Department The Attorney will provide a working phone number at which an attorney may be reached at all hours as necessary to comply with the Limited Representation requirement. E. Exceptions from Duty of Representation. Attorney shall not be required to represent indigent defendants under the following circumstances: a. Representation of that defendant would create a conflict of interest or other violation of the rules of professional conduct, provided that withdrawal from representation or denial or an appointment is approved by the court consistent with applicable rules of professional conduct; or b. Attorney and the City agree that the number of cases and/or amount of Work assigned to Attorney under this Agreement materially exceeds the level of work or case load contemplated by the Parties and the City agrees that, rather than adjusting Contractor's compensation, the defendant may be assigned to a secondary/conflict public defender. If Attorney wishes to invoke this subsection, it shall provide a request to the City as soon as practically possible and provide all documentation requested by the City to support Attorney's request. Section 2. General Duties and Standards of Representation A. Defense Standards. a. The Attorney's primary and most fundamental responsibility is to promote and protect the interest of the defendant and shall provide effective representation to all defendants in a professional, skilled manner. b. The Attorney will at all times comply with the defense standards specified in this Exhibit A, which incorporate: i. Washington Supreme Court Standards for Indigent Defense (CrR 3.1, CrRLJ 3.1), including current caseload limits of 150 felonies and 400 misdemeanors per attorney per yearSelected provisions from Washington State Bar Association Standards for Indigent Defense as adopted by the City (excluding proposed new caseload limits unless adopted by the Washington Supreme Court) ii. Renton Municipal Code Section 3-1-6 iii. Rules of Professional Conduct iv. Applicable court rules and case law defining the duties of counsel and the rights of defendants in criminal cases B. Attorney Case Loads. a. Each attorney providing services under this Agreement shall maintain a caseload that fully complies with the Defense Standards, specifically the Washington Supreme Court caseload limits of 400 unweighted misdemeanors per attorney per year until January 2026, at which point the limits will be decreased by no less than 10% per year until the case limit reaches the Supreme Court’s required 120 cases per year. b. Unless required by the Defense Standards or separately agreed in a contract amendment, a non-weighted caseload count shall be used. c. Upon Attorney's assignment of a defendant by the Renton Municipal Court, Attorney shall assign a primary attorney to represent the defendant in the case. The assigned primary attorney shall sign, file, and serve a notice of appearance with the court and City prosecutor's office and such case shall count as one or more case credit towards the attorney's case limit and be reported to the City as such unless an exception applies under the Defense Standards d. If it becomes necessary for another attorney to substitute for the assigned attorney at any stage in the proceeding, Attorney shall determine consistent with the Defense Standards whether each attorney should count the case as a full case for purposes of calculating case load limits. Unless the Attorney withdraws prior to performing substantial services for the defendant, at least one of the attorneys providing services in the case shall count the case as a full case. If the Attorney determines the other attorney(s) do not need to count the case as a full case, such attorneys shall offset the maximum number of cases he/she may accept by the amount of time spent on the case and report such offset to the City. C. Attorney's Specific Duties. a. Without limiting Attorney's duty to comply with all provisions of the Defense Standards, the Parties specifically recognize Attorney's obligation to perform the following specific duties consistent with the Defense Standards: i. Pay its Attorneys consistent with applicable Defense Standards, or at least comparable to the compensation and benefits of the City's Prosecutor's and/or other attorneys providing private defense services; ii. Budget for, provide, and pay for adequate administrative services and facilities, including, but not limited to, having an office within a reasonable distance of the City that accommodates confidential meetings with defendants and receipt of mail, and adequate telephone, email, and technology services to ensure prompt responses to defendants; iii. Provide an adequate number of support services staff and contracted service providers to provide effective representation consistent with the Defense Standards, including investigator services as specified in the main contract; iv. Provide or require regular training to all attorneys providing public defense services under this Agreement consistent with applicable Defense Standards; v. Provide supervision, monitoring, and evaluation of attorneys performing services under this Agreement consistent with applicable Defense Standards; vi. Remain directly involved in the provision of representation services and provide the City with names and experience levels of all new attorneys providing services consistent with applicable Defense Standards; vii. Establish limits on the amount of private work Attorney's attorneys can accept consistent with applicable Defense Standards; and viii. Ensure all attorneys and legal interns providing services under this Agreement meet the applicable qualifications set forth in applicable Defense Standards; ix. Provide the Renton Police Department and applicable jail staff with telephone number(s) of attorney(s) who can be reached 24 hours 7 days a week for critical stage advice and be available to provide such advice as the needs for advice arise, including non-business hours; x. Promptly review all discovery provided by the City, research applicable legal issues; xi. Attempt to negotiate resolutions with City prosecutors, and otherwise prepare for all hearings in advance, to avoid unnecessary continuances; xii. Promptly and regularly meet in person with incarcerated defendants awaiting trial and prioritize preparation for such cases; xiii. Attend all scheduled hearings for all assigned cases, all arraignment calendars, and all jail calendars unless excused by the court. xiv. Proactively communicate with defendants including, but not limited to in-person out-of-court meetings with defendants on strategy; xv. Arrive for each hearing far enough in advance to be sufficiently prepared to represent their defendants; xvi. Attend meetings or roundtables with City representatives, including municipal court and/or prosecution representatives, at their request to discuss potential courtroom and other process improvements relating to Attorney's services or the operation of the Municipal Court in general; xvii. Cooperate with reasonable requests for meetings, information, and records made by the City for information as relating to the city's duty to monitor Attorney's performance of this Agreement; xviii. Develop a method to receive and respond promptly to defendant complaints, consistent with applicable Defense Standards and report the instance of and resolution of complaints to the City without revealing confidential attorney client communications; i. Maintain a system to screen for and avoid representation of defendants that would cause a conflict of interest in violation of applicable rules of professional conduct; ii. Establish and advertise and staff office hours during which defendants may contact Attorney to meet and/or speak with an attorney with or without making an appointment, accessible to clients through various means including in-person at City Hall, video conference, phone, or other communication methods; iii. Accommodate in-person meetings when clients prefer in-person meetings or are unable to meet via remote technology; and iv. Provide and maintain all necessary technology and administrative support systems to comply with the obligations of this Agreement. Section 3. City Assistance in Attorney's Performance of its Duties A. The City shall perform the following duties to accommodate Attorney's performance of its duties: a. Provide timely production of all discoverable material to Attorney, which will be provided primarily through electronic transmission where technically feasible. b. Provide meeting space within the Renton City Hall in which Attorney attorneys may schedule to meet with defendants who are unable to meet at the Attorney's office in preparation for court, as well as on the days of the defendant's scheduled hearings. i. This provisional meeting space is not intended to replace the requirement that the Attorney have its own office and working space accessible to Renton defendants. c. Provide Attorney with contact information to refer defendants who are not satisfied by Attorney's response to a complaint, consistent with applicable Defense Standards; and B. City representatives, including prosecutors, court staff, and/or administration representatives, will attend meetings or roundtables with Attorney representatives, at their request, to discuss potential courtroom and other process improvements relating to Attorney's services or the operation of the Municipal Court in general. Section 4. Reporting, Monitoring and Record Keeping Attorney shall comply with the following reporting obligations: A. Quarterly (due within 30 days of each quarter end): • Certification of Compliance with Supreme Court Caseload Standards filed with the court with copy provided to the City's contract manager, which should include a showing of the percentage of each attorney’s work time dedicated to public defense cases in the Renton Municipal Court and percentage of time spent on other work. a. Comprehensive quarterly report to the City including: i. Case status data for all cases that were active within the quarter, to include: 1. Case Number 2. Defendant Name 3. Defendant Gender 4. Assigned Attorney(s) 5. Date Case Opened 6. Case Disposition 7. Date Case Closed 8. Special Legal Problem Code 9. Case Status 10. Court (Municipal or Community Court) ii. Conflict withdrawals, including the defendant's name and case number(s) for withdrawals and/or assignment of conflict attorney iii. All data points specified in Section 1.9 of the main contract iv. Detailed reports documenting each assigned attorney's compliance with training requirements v. All reports will be provided in a format approved by the City via email to the contract administrator or their designee vi. All reports that included data will be provided in both pdf and excel or similar format for ease of analysis B. Public Defense Monitoring a. Pursuant to the Defense Standards, the city is obligated to monitor Attorney's Performance of its Duties i. Such monitoring shall not interfere with Attorney's status as an independent contractor, nor will the City seek any attorney defendant privileged communications ii. The City may also hire an independent consultant to review Attorney's performance with this contract b. In instances in which the city is concerned that either the Defense Standards or requirements of this Agreement are not being followed, the City may request additional records or reports in addition to the records specifically required by this Section c. The City may request meetings to discuss any concerns raised by defendants, victims, third parties, observations from the court or prosecutors, or information provided (or not provided) in the Attorney's required reporting d. Attorney agrees to reasonably cooperate with all such monitoring efforts and actively seek process improvements when deemed appropriate by the city C. Attorney Record Keeping. a. Attorney shall maintain documentation of its performance of this Agreement sufficient to demonstrate its full compliance with the Defense Standards b. Such information shall be maintained such that it may be produced and provided to the city and/or the city's designated monitor in the required format in a timely fashion and retained pursuant to applicable Washington State records retention periods.