HomeMy WebLinkAboutContract CAG-15-187
AGREEMENT FOR SERVICES
This agreement is being entered into this 9 day of ,2015,by and between the City of
Renton,a municipal corporation hereinafter referred to as City,and Cayce&Grove Inc., PS.,
hereinafter referred to as Cayce &Grove, in consideration of the mutual benefits,terms and
conditions herein after specified.
1) Term.The term of this Agreement shall be for three years from the date the Agreement is
signed;subject, however,to the Section entitled'Termination."
2) Duties and Responsibilities
a) Representational Services, defined as:
i) Lawyer services and appropriate support staff services; investigation and
appropriate sentencing advocacy and referral to social work services;and legal
services, including but not limited to interviews of clients and potential witnesses;
legal research; preparation and filing of pleadings; issuance of subpoenas(but not
personal service of process); negotiations with the appropriate prosecutor and court
regarding possible dispositions; in-custody hearings prior to appointment(regardless
of whether the hearing results in appointment);and preparation for and appearance
at all court proceedings for defendants who have the public defender appointed by
the Renton Municipal Court to represent them.The Public Defender is expected to:
(1) Be available for contact by assigned defendants within one business day after
assignment
(2) Be available to appear in Renton Municipal Court with in-custody defendants
within 24 hours of booking into the Renton jail facility on Renton Municipal
Court Charges(not including weekend days and City holidays).
(3) Provide to the Court,the Renton Police Department and the City Jail
Administrator telephone number(s)where (s)he can be reached for"critical
stage"advice to defendants charged with a misdemeanor or gross misdemeanor
during the police investigation and arrest processes.
ii) Counseling with defendants when appointed as public defender by the Renton
Municipal Court. It is the City of Renton's responsibility to furnish attorney-client
meeting space for Cayce&Grove.
iii) Interviews, research, request and review of discovery, preparation for trial,
consultation with agencies or experts,drafting of pleadings or other work essential
to providing ordinary legal representation for defendants from receipt of Order
Appointing Public Defender.
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iv) If the defendant being represented remains incarcerated,Cayce&Grove agrees to
conduct such in-person interviews as may be necessary at the South Correctional
Entity(SCORE).
v) All appeals by Cayce&Grove of municipal court decisions to superior court or other
state or federal appellate courts of cases handled at the trial level by Cayce&Grove.
vi) Attendance at regularly scheduled roundtable meetings unless excused by the City's
Chief Administrative Officer, as convened to monitor workload and costs, and
improve City services and court operations.
b) Coverage. Cayce&Grove is expected to provide attorney services for appointed clients
at the following Renton Municipal Court events:jail calendar daily Monday through
Friday; 30 minutes prior to court proceedings starting on arraignment calendar,
available to consult with defendants charged in Renton Municipal Court with a crime,
and available for follow-up in office hours. Motion/trial calendar three days per week;
readiness calendar one day per week;review calendar one day per week;warrant walk-
in calendar one day per week and jury trials as scheduled weekly.
c) Supplemental Services,defined as:
i) All appeals of municipal court decisions to superior court or other state or federal
appellate courts of cases by City or not handled at the trial level by Cayce&Grove.
City shall reimburse transcript preparation and other reasonable costs associated
with such appeals.
ii) Provision of extraordinarily complex or numerous public defense matters, but only
upon the prior authorization for such supplemental services. Extraordinary
complexity may be determined by the Renton Municipal Court upon written motion
by Cayce&Grove. Fees for extraordinary complexity shall be mutually agreed upon
by Cayce&Grove and the Court Services Director. If no agreement can be reached,
the provisions in the "Method of Compensation"section shall control.
d) Withdrawal of Public Defender
i) Cayce&Grove's representation of indigent defendants, and obligation under this
contract ceases at the time of withdrawal or substitution.
ii) Cayce&Grove will withdraw,subject to order of the court at the time of client's
failure to appear or at sentencing or other final order such as deferral or
continuance for dismissal. Cayce&Grove may withdraw at other times appropriate
under Professional Rules.
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For Public Defense Services
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e) Services Not Included
i) Cayce&Grove will respond to Driving Under the Influence (DUI)in-custody
telephone calls during regular business hours only and shall not be obliged with
reference to any other defendant-generated calls prior to their assignment as
counsel in the given case or defendants already assigned to Cayce&Grove and in
custody, reasonable and necessary telephone access acceptance of collect calls will
be provided by Cayce&Grove.
ii) Cayce&Grove will have no general obligation to appear at arraignments, bail
hearings,or public defender appointment procedures unless the defendant is
currently appointed to Cayce&Grove on the charge that requires the defendant's
appearance. If future court rules require the public defender's appearances at these
proceedings,the City and Cayce&Grove will re-negotiate the compensation for
additional appearances.
3) Method of Compensation
a) Cayce&Grove will be compensated for representational services as follows:
• Between July 2015 and June 2016, C&G will be compensated for 1600 cases at
$245.16 per case and 200 cases at$220 per case,or$36,354.67 per month.
• Between July 2016 and June 2017, C&G will be compensated for 1600 cases at
$264.77 per case and 200 cases at$220 per case,or$38,969.71 per month.
• Between July 2017 and June 2018, C&G will be compensated for 1600 cases at
$278.01 per case and 200 cases at$220 per case,or$40,734.47 per month.
If, in any fiscal year of the contract,the appointments fall between below 1,800 but
above 1,600,the city will deduct$220 per case and amortize the credit over the next 12
months of contract invoices. In the final year of the contract, any credit due the city for
cases paid but not appointed, the city will deduct from the last payment of the contract.
b) Supplemental Legal Services.All supplemental legal services will be performed only
upon motion and approval by the Renton Municipal Court. Compensation for
supplemental legal services will be at the prevailing rate for services provided by
attorneys of comparable experience. However,the basis of compensation may be some
other hourly rate,as agreed upon and shall be determined on the same basis as fees for
prosecution for the same matters.
c) Non-routine case expenses. The City shall pay for non-routine case expenses when
requested by Cayce&Grove and approved by the Renton Municipal Court from funds
available for that purpose. Non-routine case expenses include, but are not limited to:
• Medical and psychiatric evaluations;
• Expert witness fees and expenses;
Agreement:City of Renton and Cayce&Grove,Inc., PS.
For Public Defense Services
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• Investigation expenses outside preliminary review and witness interview;
• Any other non-routine expense that the Renton Municipal Court finds necessary
and proper for the investigation, preparation and presentation of a case.
d) Conflict Attorneys
i) Cayce&Grove shall maintain a written policy explaining how conflict of interest is
defined,and identify conflicts as quickly as possible. This identification is controlled
in part by the receipt of the discovery by the city attorney's office. Optimally,to
avoid delays in court and well as attorney guidance, discovery should be provided to
the conflict attorney along with the notice of appointment.
ii) When Cayce&Grove determines they have been appointed to represent a
defendant whom they cannot represent because of a conflict of interest;who is
currently facing charges and could subsequently become a witness for the City on a
separate charge;or due to other professional rules of conduct resulting in
ineligibility;Cayce&Grove must notify the court and request withdrawal from the
assignment.
iii) The defendant shall then be referred to the court for reassignment to an attorney
contracting with the City to provide Public Defender Services in conflict situations at
no cost to Cayce&Grove. Such attorney will be compensated according to his or
her agreement with City. No payment will be made to Cayce&Grove for work they
performed on cases subsequently identified as conflicts.
4) Designation of Responsible Attorney
a) The attorney with overall responsibility for legal services under this Agreement shall be
Tricia R.Grove of Cayce&Grove. Other attorneys working for Cayce &Grove may be
assigned to work on legal matters if properly licensed and insured at the direction of
Cayce &Grove.
b) The responsible attorney shall:
i) Oversee training,supervision, monitoring,and evaluation of attorneys.
ii) Provide staff and support services as necessary to enable the effective provision of
legal services.
iii) Limit Private Practice.Attorneys responsible for performing services under this
contract will limit his or her private practice to the number of hours that will not
conflict with this contract.Assigned attorneys from Cayce&Grove shall each year
provide a listing of hours billed for nonpublic defense legal services, including
number and types of private cases.
iv) Ensure Qualified Attorneys. All attorneys employed by Cayce&Grove performing
services under this contract must be licensed to practice law in good standing and
without historic reprimand,suspension or disbarment under rules and rulings of the
State of Washington Supreme Court.
Agreement:City of Renton and Cayce&Grove,Inc.,PS.
For Public Defense Services
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v) Provide Training.The public defender shall take training approved by OPD, including
at least seven hours per year of continuing legal education (CLE) credits related to
criminal defense.
vi) Dispose of Client Complaints. Client complaints shall not be a basis for referral of a
client to the "conflicts"attorney. Client complaints will be referred to the attorney
who will make his or her best reasonable effort to resolve the complaint and then
move the court for leave to withdraw, refer the dispute to Cayce &Grove, or refer
the dispute to an appropriate agency for settlement.
vii) Report Activities. To accompany invoices for payment,Cayce&Grove shall submit
to the City's Chief Administrative Officer monthly reports showing the number of
appointed cases during the month for which payment is requested;defendant's
name and case number; number of conflict cases and their reconciliation with
appointments;cases closed;and appeals including their status.
(1) Cases returned to the Court due to ineligibility for Public Defender services,and
those returned for assignment to a conflict attorney must be shown on the
report, but will not be treated as part of Cayce&Grove's caseload.
(2) Invoices for general and supplemental services shall include sufficient detail to
meet all auditor requirements but shall not violate any client confidentialities.
5) Indemnification. Cayce&Grove shall indemnify, defend and hold harmless the City, its
officers,agents, employees and volunteers,from and against any and all claims, losses or
liability,or any portion thereof, including attorneys fees and costs,arising from legal
malpractice,civil rights violations, injury or death to persons, including injuries, sickness,
disease or death to Cayce&Grove's own employees, or damage to property occasioned by
a negligent act,omission or failure of Cayce&Grove.
6) Insurance
a) Cayce&Grove shall secure and maintain in force throughout the duration of this
contract:Commercial General Liability insurance written on an occurrence basis with
limits no less than$1,000,000 per occurrence,$2,000,000/aggregate and for personal
injury and property damage; and Professional Liability insurance in the amount of
$1,000,000.
b) The City shall be named as a Primary&Non-contributory additional insured on the
Commercial General Liability insurance policy with respect to work performed by Cayce
&Grove for,or on behalf of,the City. Cayce&Grove shall include a provision
prohibiting cancellation of said policy except upon forty-five(45) days prior written
notice to the City. The City reserves the right to receive a certified copy of all required
insurance policies. Certificates of Insurance evidencing Cayce&Grove's insurance
coverage,with a copy of the endorsement naming the City as a Primary& Non-
Agreement:City of Renton and Cayce&Grove,Inc.,PS.
For Public Defense Services
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contributory additional insured on the general liability policy,shall be delivered to the
City within 15 days of executing this agreement.
7) Compliance with Laws. Cayce&Grove shall, in performing the services contemplated by
this agreement,faithfully observe and comply with all federal,state,and local laws,
ordinances and regulations, applicable to the services rendered under this agreement.
8) Discrimination Prohibited. Cayce&Grove,with regard to work performed under this
agreement,will not discriminate on the grounds of race,color, national origin, religion,
creed,age,sex,the presence of any physical or sensory handicap,or sexual orientation, in
the selection and retention of employees or procurement of materials or supplies.
9) Independent Contractor. Cayce&Grove and the City agree that Cayce&Grove is an
independent contractor with respect to the services provided under this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Cayce&Grove nor any employee of Cayce
&Grove shall be entitled to any benefits accorded City employees by virtue of the services
provided under this agreement.
10)Assignment.Cayce&Grove shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
11)Non-Waiver. Waiver of any provision of this agreement,or any time limitation provided for
in this agreement by the City shall not constitute a waiver of any other provision.
12)Termination.This Agreement shall remain in full force and effect from July 1, 2015 through
June 30,2018 with opportunity for extension in additional two-year increments. If the
parties do not agree on the method of compensation,the city will publish a request for
proposals from any interested and qualified law firm(s). Cayce&Grove will then be allowed
to match the lowest responsive and qualified bid. This Agreement may be terminated for
material breach of contract by either party upon notice and opportunity to come into
compliance with the contract by either party upon giving the other party not less than one
(1)year's notice of termination. This Agreement may be terminated notwithstanding the
terms of this paragraph,should Cayce &Grove be dissolved as a law firm. Cayce &Grove'
obligation to represent indigent defendants appointed to public defender will cease at the
point of termination and the subsequent public defender will be substituted immediately.
Agreement:City of Renton and Cayce&Grove,Inc.,PS.
For Public Defense Services
Page 7 of 7sli
OF RENTON / C• "R0 LLC
By I � 4.4 /A. By:
Denis Law Tricia R. rove
Mayor, City of Renton {7 AO `"7 • o
1055 South Grady Way, 7th Floor Mailing Ad•ress
Renton, WA 98057 )fl Uk) r3-- c1-Bd 5 7
(425)430-6500 City State Zip
FAX: (425)430-6523
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Telephone Number
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FAX Number
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By:
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Megan Gregor SEAL
Deputy City Clerk ::>3/411741/ 4P
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APPROVED AS TO FORM:
019644.6.44,4.1eW6-4.-"A.,..
Lawrence J. Warren
City Attorney