HomeMy WebLinkAboutContract CAG-19-024
AGREEMENT FOR PRIMARY PUBLIC DEFENSE SERVICES
THIS AGREEMENT, dated March 1, 2019, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Valley Defenders, PLLC ("Public Defender"), a
Washington professional limited liability corporation. The City and the Public Defender are
referred to collectively in this Agreement as the "Parties."Once fully executed by the Parties,this
Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Public Defender agrees to act as the City's primary public defense law
firm and to provide indigent defense services to all indigent criminal defendants and
those individuals under the supervision of the Renton Municipal Court whom the City is
legally required to provide indigent legal defense services. This Scope of Work, and
exceptions to Public Defender's duty to provide indigent defense services, is further
specified in Attachment A, which is attached and incorporated herein and may
hereinafter be referred to as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the compensation provided by this Agreement or as
otherwise mutually agreed by the Parties.
3. Term:
A. Commencement. Public Defender shall commence full performance of the
Agreement starting on April 1, 2019. As of that date, Public Defender shall represent
all indigent defendants seeking counsel who have not been previously assigned to
another attorney, except as otherwise provided in the Work. Formal case
appointments will be made by the Renton Municipal Court. Prior to formal
appointment, Public Defender will provide limited representation as specified in the
Work.
B. Previously Assigned Defendants.
i. It is anticipated that the prior public defender will continue to represent
clients appointed prior to April 1, 2019, through the earlier of the conclusion
of such cases, or June 30, 2019.
Agreement for Primary Public Defense Services with Valley Defenders,PLLC
ii. For cases assigned to the previous public defender that remain active on July
1, 2019,the previous public defender may seek leave from the court for Public
Defender to substitute, and Public Defender will accept such substitution
except as provided for in the Work (e.g. Public Defender is not required to
accept the substitution if doing so would violate the rules of professional
conduct).
C. End of Term. Unless terminated pursuant to Section 5, the term of this Agreement
shall run for five (5) years through March 2024. The Agreement may be extended by
written mutual agreement of the parties. After expiration of the term, as may be
extended, the City will stop appointing new clients under this Agreement. Public
Defender will continue to represent all clients appointed prior to expiration of the
term through the earlier of(i)completion of the appointed cases, (ii)three (3) months
after the City appoints a new primary public defender, or (iii) the court grants
withdrawal due to a conflict of interest or a failure to appear finding by the court at a
scheduled court date during the three (3) month period after the contract expires, or
(iv)other rule of professional conduct that mandates withdrawal.All applicable terms
of this Agreement shall continue to apply to all Work performed after expiration of
the term, including but not limited to conformance with the Defense Standards while
representing clients appointed during the Term. Public Defender agrees to negotiate
in good faith a short term extension to the end of the term if the City is delayed in
reaching an agreement with a successor public defender.
4. Compensation:
A. Base Compensation.The City shall pay Public Defender Base Compensation according
to following schedule of monthly payments for its performance of the Work:
Year 1: Months 1-12: $63,750.00 per month.
Year 2: Months 13-24: $65,662.50 per month.
Year 3: Months 25-36: $67,632.38 per month.
Year 4: Months 27-48: $69,661.34 per month.
Year 5: Months 49-60: $71,751.19 per month.
Except as provided otherwise herein, the cost of all infrastructure, salaries,
administrative support and systems, legal research and criminal database
subscriptions, as well as standard overhead services necessary to perform the Work
are included in this base compensation. The increases for each year represent an
annual increase in Base Compensation of 3%.
The Base Compensation set forth in this subsection is intended to fully compensate
and prepay Public Defender for the completion of all new cases assigned within the
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Agreement for Primary Public Defense Services with Valley Defenders,PLLC
month the compensation is earned. Because Base Compensation is a prepayment for
completion of cases, it shall not continue to be paid after the term of this contract
expires even though Public Defender will continue to represent clients appointed
prior to the term's expiration.
B. Adjustment to Base Compensation Due to Case Load. The Base Compensation
presumes Public Defender will be assigned up to 1,700 cases annually, in addition to
its provision of required limited representation services. For purposes of this
subsection, the projected number of cases excludes cases for which Public Defender
withdrawals prior to performing substantial services due to a conflict or other ground
for withdrawal. While not limited to the following, the parties agree that substantial
services are performed if Public Defender has prepared in advance and appeared for
the client at a hearing other than the initial arraignment, an investigation of the case
by Public Defender has begun, a motion has been made on behalf of the client, or if a
witness has been interviewed. Public Defender agrees to do a conflict check upon
intake and receipt of notice a client has been appointed and withdraw at a reasonable
time as required by the Rules of Professional Conduct before substantial services are
performed for the client.
The City and the Public Defender agree to negotiate prospective adjustments to the
Base Compensation if there is(or is reasonably anticipated to be)either(i)a significant
increase in the cases assigned, such that Public Defender would be required to hire
additional attorney staff to remain in compliance with the Defense Standards required
by the Work, or (ii) a significant decrease in the number of cases assigned, such that
Public Defender could reduce attorney staff and remain in compliance with the
Standards. At the request of either party, the Parties will periodically review case
assignment trends and any other matters needed to determine Agreement
compliance or necessary Agreement modifications.
Public Defender shall promptly notify the City when quarterly caseloads can
reasonably be anticipated to require use of secondary or conflict counsel to assure
that cases assigned to Public Defender remain within the limits adopted in this
Agreement and comply with state and local standards. Upon receipt of such
notification,the City will review the information provided and determine whether use
of secondary counsel is necessary. Public Defender will provide any supplemental
information reasonably requested by the City to make its determination.
C. Payments in Addition to Base Compensation. The City shall pay for the following case
expenses when reasonably incurred and approved by the Renton Municipal Court
from funds available for that purpose:
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Agreement for Primary Public Defense Services with Valley Defenders,PLLC
i. Discovery. Discovery shall be provided in accordance with law and court rule by
the City Prosecutor. When practical, discovery will be provided in an electronic
format. Public Defender shall establish reasonable technological capability to
receive discovery electronically.
ii. Preauthorized Non-Routine Expenses. Non-routine case expenses requested by
the Public Defender and preauthorized by order of the Renton Municipal Court.
Unless the services are performed by Public Defender's staff or subcontractors,
non-routine expenses include, but are not limited to:
a. Investigation expenses;
b. Medical and psychiatric evaluations;
c. Expert witness fees and expenses;
d. Interpreters;
e. Polygraph, forensic and other scientific tests;
f. Unusually extensive computerized legal research;
g. Any other non-routine expenses the Court finds necessary and proper
for the investigation, preparation, and presentation of a case. In the
event any expense is found by the Court to be outside of its authority
to approve, the Public Defender may apply to the City's contract
manager or his/her designee for approval, such approval not to be
unreasonably withheld.
iii. Lay Witness Fees. Statutorily required lay witness fees and mileage incurred in
bringing defense witnesses to court, but not including salary or expenses of law
enforcement officers required to accompany incarcerated witnesses;
iv. Copying Clients' Files. The cost, if it exceeds $25, 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;
v. Records. To the extent such materials are not provided through discovery,
medical, school, birth, Department of Licensing, and other similar records, and
911 and emergency communication recordings and logs, when the cost of an
individual item does not exceed $75; and
vi. Process Service. The normal, reasonable cost for the service of a subpoena,
subject to the requirements of CrRU 4.8(a).
vii. Other Costs. Costs not identified within this Subsection 4.0 will be reimbursed
by the City only upon preapproval by the City's contract manager. Public
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Agreement for Primary Public Defense Services with Valley Defenders,PLLC
Defender shall apply for such preapproval in writing before incurring the costs
sought to be reimbursed.
D. Method of Payment. On a monthly basis, the Public Defender shall submit an invoice
in a form specified by the City, including a list of cases assigned during the period for
which compensation is sought,the name of the attorney(s)assigned to each case, and
itemization of any reimbursable costs incurred. The Public Defender shall make good
faith efforts to submit the invoice by the 5th of the month for the previous month's
cases. 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. If the Public Defender's performance does not meet the
requirements of this Agreement, the Public Defender 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.
E. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Public Defender for failure of the
Public Defender to perform the Work or for any breach of this Agreement by the
Public Defender.
F. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. Optional Shortening of Term. Either party may elect to shorten the term of this
agreement,for any reason, by giving no less than a one (1)year advance notice of the
date upon which the party wishes to end the term. In the event the term is shorted
pursuant to this subsection, all other provisions of this agreement shall remain in
place, including Public Defender's duty to continue performing the Work on cases
assigned within the term for three (3) months after the end of the term.
B. For Cause Termination. This Agreement may be terminated for good cause for
violation of any material term of this Agreement. "Material term" shall include any
violation indicating a willful failure to provide representation in accordance with the
rules of court, the ethical obligations established by the Washington State Bar
Association, the willful disregard of the rights and best interests of the client, a willful
violation of the Defense Standards, the provisions of Section 12 relating to insurance,
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Agreement for Primary Public Defense Services with Valley Defenders,PLLC
conviction of a criminal charge, and/or a finding that the license of an 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 Agreement violation shall be provided to the Public Defender who shall have
thirty(30) business days to cure the violation. Failure to correct the violation will give
rise to termination for cause at the City's discretion. In lieu of terminating this
Agreement, the City may agree in writing to alternative corrective measures.
6. Record Maintenance: The Public Defender acknowledges that it is responsible for
maintenance of records created in the performance of this agreement in compliance with
applicable ethical obligations to clients and pursuant to applicable state public records
retention schedules. The Public Defender agrees to provide access to and copies of any
non-confidential records related to its compliance with the Defense Standards and/or
with any records the City is required to provide in response to a Washington State Public
Records Act (Chapter 42.56 RCW). To the extent Public Defender asserts attorney client
privilege or other applicable exemption in response to a public records request, Public
Defender agrees to redact such privileged information and prepare a privilege log as
required by the Public Records Act. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Public Defender shall make a due diligent
search of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Public Defender believes said records need to be protected from disclosure, it may, at
Public Defender's own expense,seek judicial protection. Public Defender shall indemnify,
defend, and hold harmless the City for all costs, including attorneys' fees, attendant to
any claim or litigation related to a Public Records Act request for which Public Defender
has responsive records and for which Public Defender has withheld records or
information contained therein,or not provided them to the City in a timely manner. Public
Defender shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court
order. The provisions of this section shall survive the expiration or termination of this
Agreement.
8. Independent Contractor Relationship:
A. The Public Defender is retained by the City only for the purposes and to the extent
set forth in this Agreement. The nature of the relationship between the Public
Defender and the City during the period of the Work shall be that of an independent
contractor, not employee. The Public Defender, not the City, shall have the power to
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control and direct the details, manner or means of Work. Specifically, but not by
means of limitation, the Public Defender shall have no obligation to work any
particular hours or particular schedule, unless otherwise indicated in the Scope of
Work or where scheduling of attendance or performance is mutually arranged due to
the nature of the Work. Public Defender shall retain the right to designate the means
of performing the Work covered by this agreement, and the Public Defender shall be
entitled to employ other workers at such compensation and such other conditions as
it may deem proper, provided, however, that any contract so made by the Public
Defender is to be paid by it alone, and that employing such workers, it is acting
individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Public
Defender or any employee of the Public Defender.
C. If the Public Defender is a sole proprietorship or if this Agreement is with an individual,
the Public Defender agrees to notify the City and complete any required form if the
Public Defender retired under a State of Washington retirement system and agrees
to indemnify any losses the City may sustain through the Public Defender's failure to
do so.
9. Hold Harmless: The Public Defender agrees to release, indemnify, defend, and hold
harmless the City, elected officials, employees, officers, representatives, and volunteers
from any and all claims, demands, actions, suits, causes of action, arbitrations,
mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses,
fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation
expenses to or by any and all persons or entities, arising from, resulting from, or related
to the negligent acts,errors or omissions of the Public Defender in its performance of this
Agreement or a breach of this Agreement by Public Defender, except for that portion of
the claims caused by the City's sole negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Public Defender's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
10. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Public Defender shall not give a gift of
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any kind to City employees or officials. Public Defender also confirms that Public Defender
does not have a business interest or a close family relationship with any City officer or
employee who was, is, or will be involved in selecting the Public Defender, negotiating or
administering this Agreement, or evaluating the Public Defender's performance of the
Work.
11. City of Renton Business License: The Public Defender shall obtain a City of Renton
Business License prior to performing any Work and maintain the business license in good
standing throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
12. Insurance: Public Defender shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned,leased,hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Public Defender's vehicles on the City's Premises by or
on behalf of the City,beyond normal commutes. For purposes of meeting these limits,
Public Defender may retain an umbrella policy above the coverage afforded by the
automobile liability insurance to meet the $1,000,000 limit.
E. Public Defender shall name the City as an Additional Insured on its commercial
general liability policy on a non-contributory primary basis. The City's insurance
policies shall not be a source for payment of any Public Defender liability, nor shall
the maintenance of any insurance required by this Agreement be construed to limit
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the liability of Public Defender to the coverage provided by such insurance or
otherwise limit the City's recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Public Defender shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
13. Delays: Public Defender is not responsible for delays caused by factors beyond the Public
Defender's reasonable control. When such delays beyond the Public Defender's
reasonable control occur, the City agrees the Public Defender is not responsible for
damages, nor shall the Public Defender be deemed to be in default of the Agreement.
14. Successors and Assigns: Neither the City nor the Public Defender shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
15. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON PUBLIC DEFENDER
Chief Administrative Officer Valley Defenders, PLLC
1055 South Grady Way 1275 12th Ave NW, Suite 5
Renton, WA 98057 Issaquah, WA 98027
RHarrison@Rentonwa.gov Shawn@ValleyDefenders.com
Phone: (425) 430-6524 Phone: (425) 657-0794
Fax: (425) 430-6523 Fax: (425) 677-7043
16. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Public Defender agrees as follows:
A. Public Defender, and Public Defender's agents, employees, representatives, and
volunteers with regard to the Work performed or to be performed under this
Agreement,shall not discriminate on the basis of race,color, sex, religion, nationality,
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creed, marital status, sexual orientation or preference,age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment
or application for employment, the administration of the delivery of Work or any
other benefits under this Agreement, or procurement of materials or supplies.
B. The Public Defender will take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their
race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental handicaps, or marital status. Such action shall include, but not be limited to
the following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If the Public Defender fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Public Defender is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
17. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Public Defender.
B. Public Defender will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Public Defender shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Public Defender
to provide Work he/she will acquire or maintain such at his/her own expense and, if
Public Defender employs, sub-contracts, or otherwise assigns the responsibility to
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
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E. This is a non-exclusive agreement and Public Defender is free to provide his/her Work
to other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F. Public Defender is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Public Defender is responsible for his/her own Worker's Compensation coverage as
well as that for any persons employed by the Public Defender.
H. Except as specifically provided herein, the Public Defender shall be solely responsible
for payment of any taxes imposed as a result of the performance and payment of this
Agreement.
18. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Public Defender represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City or Public
Defender.
B. General Administration and Management. The City's project manager is its Chief
Administrative Officer. In providing Work, Public Defender shall coordinate with the
City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Public Defender proposals and
this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments
to this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Public Defender
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Public Defender and all of the Public Defender's employees shall perform the
Work in accordance with all applicable federal, state, county and city laws, codes and
ordinances.
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F. Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Public
Defender hereby expressly consents to the personal and exclusive jurisdiction and
venue of such court even if Public Defender is a foreign corporation not registered
with the State of Washington.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Public Defender's performance
of this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Public Defender from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
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Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
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Agreement for Primary Public Defense Services with Valley Defenders,PLLC
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON PUBLIC DEF NDER
By: ReA/t4d :
By
Denis Law Shawn McCully
Mayor Owner, Valley Defenders, PLLC
Date Date
Attest
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Ja n A. Set
y Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
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ATTACHMENT A
Primary Public Defense Services Scope of Work
Section 1. Duty of Representation
1.1 General Scope of Representation. Public Defender 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 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.
1.2 Representation of Defendants at Critical Stages. The Public Defender is required to
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 clients from time of appointment through any
appeal stages and post-conviction review hearings. Accordingly, in addition to
representing clients who are formally assigned by the Renton Municipal Court, the Public
Defender will provide limited, but effective, representation to those who self-identify as
unable to retain a private attorney and 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. Public Defender shall provide the Renton Police Department a
working phone number at which an attorney may be reached at all hours as necessary to
comply with the limited representation requirement. Public Defender's representation
of individuals prior to formal appointment shall not extend beyond indigency screening
unless the Renton Municipal Court formally appoints Public Defender to continue
representation. Public Defender shall advise all individuals, to whom it provides limited
representation, the nature of the limited representation consistent with applicable rules
of professional conduct.
1.3 Exceptions from Duty of Representation. Public Defender shall not be required to
represent indigent clients under the following circumstances:
1.3.1 Representation of that client 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
Primary Public Defense Services
Attachment A—Scope of Work Page 1 of 6
1.3.2 Public Defender and the City agree that the number of cases and/or amount of
Work assigned to Public Defender 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 client may be assigned to a
secondary/conflict public defender. If Public Defender 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 Public Defender's
request.
Section 2. General Duties and Standards of Representation
2.1 Defense Standards. The Public Defender's primary and most fundamental responsibility
is to promote and protect the interest of the client. The Public Defender shall provide
effective representation to all clients in a professional, skilled manner and at all times
comply with the Washington State Supreme Court Standards for Indigent Defense
currently in place or as hereafter amended, the applicable Rules of Professional Conduct,
applicable court rules, the most current Washington State Bar Association Standards for
Indigent Defense Services approved by the Board of Governors, applicable standards
adopted by the City in this contract or by policy, resolution, or ordinance, and all case law
and applicable court rules defining the duties of counsel and the rights of defendants in
criminal cases, in particular the decision in Wilber v. Mt. Vernon, 989 F. Supp. 1122 (W.D.
2013) (collectively, "Defense Standards").
2.2 Attorney Case Loads. Each attorney providing services under this Agreement shall
maintain a case load which fully complies with the Defense Standards. This includes, but
is not limited to, offsetting the maximum number of cases each attorney may be assigned
by the amount of time such attorney spends representing private clients, providing
limited representation services (including those services required to be provided by
Section 1.2 above), or to account for the attorney's part time status. Unless separately
authorized by the City, or required by the Defense Standards, a non-weighted caseload
count shall be used.
For purposes of this Agreement, "case" is defined to have the same meaning as defined
in Standard 3.3 of CrRU 3.1 (Standards for Indigent Defense). Upon Public Defender's
assignment of a defendant by the Renton Municipal Court, Public Defender shall assign
an attorney to represent the defendant in the case. The assigned attorney shall sign, file,
and serve a notice of appearance with the court and City prosecutor's office.The assigned
attorney shall be responsible for establishing a relationship with the defendant consistent
with the Defense Standards. If it becomes necessary for another attorney to substitute
for the assigned attorney at any stage in the proceeding, Public Defender shall determine
consistent with the Defense Standards whether each attorney should count the case as a
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full case for purposes of calculating case load limits. Unless Public Defender 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 Public Defender
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.
2.3 Public Defender's Specific Duties. Without limiting Public Defender's duty to comply with
all provisions of the Defense Standards, the Parties specifically recognize Public
Defender's obligation to perform the following specific duties consistent with the Defense
Standards:
2.3.1 Pay its Attorneys consistent with Standard One of the WSBA's Standards for
Indigent Defense Services;
2.3.2 Budget for, provide, and pay for adequate administrative services and facilities
using the base compensation provided for in this Agreement, including, but not
limited to, having an office within a reasonable distance of the City that
accommodates confidential meetings with clients and receipt of mail, and
adequate telephone and email services to ensure prompt responses to clients;
2.3.3 Provide an adequate number of support services staff and contracted service
providers to provide effective representation consistent with the Defense
Standards;
2.3.4 Provide or require regular training to all attorneys providing public defense
services under this Agreement consistent with Standard Nine of the WSBA's
Standards for Indigent Defense Services;
2.3.5 Provide supervision, monitoring, and evaluation of attorneys performing services
under this Agreement consistent with Standards Ten and Eleven of the WSBA's
Standards for Indigent Defense Services;
2.3.6 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 Standard Twelve of the WSBA's Standards for Indigent Defense
Services;
2.3.7 Establish limits on the amount of private work Public Defender's attorneys can
accept consistent with Standard Thirteen of the WSBA's Standards for Indigent
Defense Services; and
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2.3.8 Ensure all attorneys and legal interns providing services under this Agreement
meet the applicable qualifications set forth in Standard Fourteen of the WSBA's
Standards for Indigent Defense Services;
2.3.9 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 advise arise,
including non-business hours;
2.3.10 Actively communicate with clients, promptly review all discovery provided by the
City, research applicable legal issues, attempt to negotiate resolutions with City
prosecutors, and otherwise prepare for all hearings in advance so as to avoid
unnecessary continuances;
2.3.11 Meet with incarcerated clients awaiting trial and prioritize preparation for such
cases;
2.3.12 Attend, in person or through approved teleconference, all scheduled hearings for
all assigned cases, all arraignment calendars, and all jail calendars unless excused
by the court. Attorneys should arrive far enough in advance to be sufficiently
prepared and to meet with clients in advance of their hearings;
2.3.13 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 Public Defender's
services or the operation of the Municipal Court in general;
2.3.14 Cooperate with reasonable requests for meetings, information, and records made
by the City for information relating to its duty to monitor Public Defender's
performance of this Agreement;
2.3.15 Develop a method to receive and respond promptly to client complaints,
consistent with Standards Fifteen of the WSBA's Standards for Indigent Defense
Services; and
2.3.16 Maintain a system to screen for and avoid representation of clients that would
cause a conflict of interest in violation of applicable rules of professional conduct.
Section 3. City Assistance
3.1 City Assistance in Public Defender's Performance of its Duties. The City shall perform
the following duties to accommodate Public Defender's performance of its duties:
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3.1.1 The City, through its prosecutors, shall provide timely production of all
discoverable material to Public Defender,which will be provided primarily through
electronic transmission where technically feasible.
3.1.2 The City will provide meeting space within the Renton City Hall in which Public
Defender may schedule to meet with clients that are unable to meet at its own
offices and/or on the days of the client's scheduled hearings. This provisional,
meeting space will be provided by prearranged agreement/scheduling and is not
intended to replace the requirement that Public Defender have its own office and
working space.
3.1.3 The Public Defender will establish regular office hours during which clients may
contact Public Defender and speak with an attorney with or without making an
appointment. Public Defender shall assign an attorney or combination of
attorneys regular office with the Renton City Hall at least four (4) hours per week
before and/or after regular court calendars.
3.1.4 The City will provide Public Defender City contact information for it to refer clients
who are not satisfied by Public Defender's response to a previous complaint,
consistent with Standard Fifteen of the WSBA's Standards for Indigent Defense
Services; and
3.1.5 City representatives, including prosecutors, court staff, and/or administration
representatives, will attend meetings or roundtables with Public Defender
representatives, at their request, to discuss potential courtroom and other
process improvements relating to Public Defender's services or the operation of
the Municipal Court in general.
Section 4. Reporting, Monitoring and Record Keeping
4.1 Public Defender Reporting. Public Defender shall comply with the following reporting
obligations:
4.1.1 On a quarterly basis, each attorney providing services for Public Defender under
this Agreement shall certify compliance with the Defense Standards on forms
approved by the court or court rule. The certification shall include an
approximation of the percent of full time work the attorney spends representing
indigent defendants. A copy of every such filing shall be provided to the City's
contract manager contemporaneously with the court filing.
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4.1.2 On a quarterly basis, Public Defender shall report to the City the total number of
new cases assigned to Public Defender in the previous rolling year, broken down
by quarter.
4.1.3 On a quarterly basis, Public Defender shall report to the City the total number of
cases assigned to each attorney under this Agreement in the previous rolling year,
broken out by quarter and the attorney's name.
4.1.4 On a quarterly basis, Public Defender shall report to the City the number of non-
City public defense cases assigned to each attorney outside of this Agreement and
the number of hours spent by each such attorney on non-public defense legal
work and limited representational public defense work on cases to which he/she
was not appointed. The reporting shall include cases and hours for each attorney
over the previous rolling year, broken out by quarter and the attorney's name.The
documentation of cases and hours required by this subsection shall include all
legal services provided by the attorneys during the covered time period—including
services performed outside of the employment of Public Defender.
4.1.5 On an annual basis, Public Defender shall provide the City with detailed reports
documenting each of Public Defender's attorney's compliance with training
requirements, hours spent on each assigned case,date of initial contact with client
for each assigned case, and listing of all complaints received by clients, including
the nature of the complaint and resolution thereto.
4.2 City Monitoring. Pursuant to the Defense Standards, the City is required to monitor
Public Defender's Performance of its Duties. Such monitoring shall not interfere with
Public Defender's status as an independent contractor. Nor will the City seek any attorney
client privileged communications. In instances in which the City suspects either the
Defense Standards or requirements of this Agreement are not being followed, the City
may reasonably request additional records or reports in addition to the records
specifically required by this Section. The City may also request meetings to discuss any
concerns it has based upon concerns raised by defendants, victims, third parties,
observations from the court or prosecutors, or information provided (or not provided) in
the Public Defender's required reporting. The City may also hire an independent
consultant to review Public Defender's performance with this contract. Public Defender
agrees to reasonably cooperate with all such monitoring efforts.
4.3 Public Defender Record Keeping. Public Defender shall maintain documentation of its
performance of this Agreement sufficient to demonstrate its full performance with the
Defense Standards. Such information shall be recorded in a fashion in which it may be
reasonably requested and provided to the City in its monitoring role.
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