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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 0 Page 2 of 14 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: 0 Page 3 of 14 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 0 Page 4 of 14 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, (;) Page 5 of 14 1 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 0 Page 6 of 14 Agreement for Primary Public Defense Services with Valley Defenders,PLLC 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 0 Page 7 of 14 Agreement for Primary Public Defense Services with Valley Defenders,PLLC 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 0 Page 8 of 14 Agreement for Primary Public Defense Services with Valley Defenders,PLLC 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, 0 Page 9 of 14 Agreement for Primary Public Defense Services with Valley Defenders,PLLC 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. 0 Page 10 of 14 Agreement for Primary Public Defense Services with Valley Defenders,PLLC 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. 0 Page 11 of 14 Agreement for Primary Public Defense Services with Valley Defenders,PLLC 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 0 Page 12 of 14 Agreement for Primary Public Defense Services with Valley Defenders,PLLC 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. 0 Page 13 of 14 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 • Ja n A. Set y Clerk Approved as to Legal Form Shane Moloney Renton City Attorney o1i111F111j!`: ! s R\`�„u Nrrlri l ���i stis * - SEAL - * = '150 �R4TED se ss...••N‘ �Iflllll t111t11 0- 0 Page 14 of 14 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 Primary Public Defense Services Attachment A—Scope of Work Page 2 of 6 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 Primary Public Defense Services Attachment A—Scope of Work Page 3 of 6 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: Primary Public Defense Services Attachment A—Scope of Work Page 4 of 6 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. Primary Public Defense Services Attachment A—Scope of Work Page 5 of 6 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. Primary Public Defense Services Attachment A—Scope of Work Page 6 of 6