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HomeMy WebLinkAboutSterling Law Contractual Agreement for Professional Services CITY OF AUBURN CONTRACTUAL AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into by and between the City of Auburn("CITY"),a Washington municipal corporation and The Law Office of Donna Person Smith. PLLC, a Professional Limited Liability Corporation ("PUBLIC DEFENDER"),whose address is 3708 14th ST PL SW Puyallup.WA 98373, WHEREAS, the City desires to have legal services, as described in this Agreement, performed for indigent persons legally entitled to appointed representation in the City of Auburn, by the PUBLIC DEFENDER as an independent contractor; and WHEREAS, the City and the PUBLIC DEFENDER agree that any and all funds provided pursuant to this Agreement are provided for the sole purpose of provision of legal services to indigent persons prosecuted for crimes in the City of Auburn. NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows: I. RESPONSIBILITIES 1. The PUBLIC DEFENDER shall be responsible to provide competent professional legal services to the defendants represented. The PUBLIC DEFENDER shall be an active member in good standing of the Washington State Bar Association(WSBA). The PUBLIC DEFENDER's services to appointed defendants shall specifically include appearances at in-custody bail hearings and at arraignments. The PUBLIC DEFENDER must be available to meet appointed defendants incarcerated at the South Corrections Entity(SCORE)or at other locations. 2. The PUBLIC DEFENDER,and every attorney employed by the PUBLIC DEFENDER,shall be familiar with and adhere to all Office of Public Defense (OPD) standards. 3. Notwithstanding the maximum number of annual cases set by the Office of Public Defense (OPD) standards, the PUBLIC DEFENDER should limit their annual number of cases to give each case sufficient time and effort to assure effective representation. II. SERVICES PROVIDED BY THE PUBLIC DEFENDER 1. The PUBLIC DEFENDER shall make public defense services available to all persons who qualify after CITY and/or court financial screening pursuant to this agreement and RCW 10.101.020. The PUBLIC DEFENDER will represent these defendants from the date of appointment through disposition(by way of sentencing, dismissal, or otherwise) and the first appeal of right pursuant to the RALJ rules, unless the defendant alleges ineffective assistance of counsel. The PUBLIC DEFENDER will also represent CITY defendants when referred to the City's Community Court, and during in-custody hearings at SCORE jail (whether appointed to represent the in-custody defendant or not), unless the representation would violate applicable law or this agreement, or the defendant is represented by a different attorney. 2. Unless screened by a judge, the CITY shall screen defendants to determine their eligibility for public defense services under this agreement. The screener shall promptly notify the PUBLIC DEFENDER, CITY, and COURT of any defendant appointments and shall deliver to all appointed defendants an introduction letter from the PUBLIC DEFENDER that outlines the defendant's responsibilities in the attorney-client relationship in plain, simple, and concise language. 3. The PUBLIC DEFENDER shall be present at arraignment hearings to provide defendants with legal advice and representation. 4. The PUBLIC DEFENDER or the CITY may request rescreening of a defendant whose case is on appeal. Appeals shall not be considered new case assignments. Page 1 of 7 . 5. Case defined. A case is defined as a documented/reported incident leading to the CITY filing criminal charge(s)against a Defendant. Multiple charges and/or court filing/case numbers that stem from a single documented incident shall count as a single case. Filed charges with different alleged dates of offense shall be considered separate cases. 6. Defendant defined. A single individual that the CITY has charged with criminal offense(s). 7. The PUBLIC DEFENDER may associate or employ additional or different attorneys to represent defendants at no extra cost to the CITY. Any counsel associated with or employed by the PUBLIC DEFENDER shall have the authority to perform the services called for herein. All associated counsel hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington and be an active member in good standing with the WSBA. The PUBLIC DEFENDER shall employ sufficient personnel to fulfill required responsibilities for defendants during vacations, illnesses,and settings in more than one courtroom or calendar. PUBLIC DEFENDER shall employ no legal interns in the provision of services under this Agreement unless agreed to by the CITY in advance. In all events, PUBLIC DEFENDER'S use of any legal interns shall comply with APR 9 and any other applicable law. 8. Upon receiving notice of a conflict of interest, it will be the CITY'S financial responsibility to pay alternative counsel to represent the defendant. 9. PUBLIC DEFENDER must be available for appointments with assigned defendants at least during 8:00 a.m. until 5:00 p.m., Monday through Friday. 10. Appointments should be made available within a reasonable distance from the city courthouse and on, or near, a public transportation service route. Appointments shall be available at the courthouse for defendants who are otherwise unable to obtain transportation to the PUBLIC DEFENDER'S office. Local non-service-charge phone service throughout the municipality shall be available as well as toll free and collect phone service from the city jail and the King County jails. 11. The PUBLIC DEFENDER will endeavor to negotiate cases with City prosecutors in advance of court dates. 12. The PUBLIC DEFENDER shall provide to the City of Auburn Police Department and Auburn Detention Center the telephone number or numbers at which the PUBLIC DEFENDER can be reached twenty-four (24) hours each day for representation as required by statute, case law, and applicable court rule in misdemeanor cases. 13. Calendars. The PUBLIC DEFENDER will be available for all calendars scheduled by the Court. The PUBLIC DEFENDER will represent clients at King County District Court(Auburn),the SCORE Jail Facility, City of Auburn Community Court, or otherwise as the court may direct. The PUBLIC DEFENDER will ensure that all calendars are adequately staffed with defense attorneys to ensure that public defense clients receive adequate representation pursuant to the CrRLJ 3.1 standards and this agreement,and that Court calendar time is used efficiently and productively in addressing cases.The following are the current calendars scheduled*: a. Four(4)out-of-custody pretrial calendars per week b. One(1) Bench Warrant Quash calendar per week(currently Thursdays) c. Daily in-custody courtesy calendar first appearance(currently 10am daily) d. Three(3)in-custody 2nd appearance calendars(currently Wednesday,Thursday, Friday) e. One(1)out-of-custody arraignment calendar per week(currently Thursday AM) f. One(1) sentencing calendar per week(currently Thursday PM) g. One(1) motion calendar per week(currently Tuesday PM) h. One (1) review calendar per week (currently Friday AM), plus one per month (currently third Wednesday PM)) i. One(1) readiness per month (currently Wednesday AM, last week of the month) j. Jury week One(1)time per month (Monday—Wednesday) k. Two(2) Community Court hearings per week(Monday and Thursday PM) *All calendars are subject to change Page 2 of 7 Attachment-Scope of Services- Public Defense Professional Services Contract 14. Assignment or Subcontractors. No assignment or transfer of the Contract or of any interest in the Contract shall be made by the PUBLIC DEFENDER without prior written consent of the CITY. III. COMPENSATION 1. Generally. Compensation to the PUBLIC DEFENDER for public defense services for the terms of this contract shall be paid Seven Hundred Thousand Dollars ($700,000.00) per year and will be billed at Fifty- Eight Thousand Thirty-Three Dollars ($58,333.33) per month and includes all appointed cases up to two thousand three hundred fifty (2,350) and the attendance at arraignments as courtesy counsel, and first appearance jail calendars. The CITY will be billed Three Hundred Dollars ($300.00) per case for any appointed case above the first two thousand three hundred fifty (2,350) appointed cases. The PUBLIC DEFENDER shall be solely responsible for payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of the Agreement. All costs, including all infrastructure, administrative, support, and systems costs, as well as standard overhead services necessary to comply with established standards is included in the base payment provided in this section. 2. The PUBLIC DEFENDER's compensation for public defense services in the City's Community Court program shall be paid Forty Thousand Dollars ($40,000.00) per year and will be billed at Three Thousand Three Hundred Thirty-Three Dollars ($3,333.33) per month. In exchange for this compensation rate, the PUBLIC DEFENDER shall provide the services of two(2)defense attorneys and all corresponding defense administrative services needed for the City's Community Court program. a. Community Court operates one 1/2 day calendar (from approximately 1:00pm to approximately 5:00pm)twice per week. 3. Payment. Pursuant to CITY policy regarding payment for services rendered, the CITY shall make payment to the PUBLIC DEFENDER on the first day following the first City Council meeting following the submittal of the PUBLIC DEFENDER invoice, received in time to be processed for that meeting. When submitting bill(s)to the CITY for Payment, PUBLIC DEFENDER must include, at a minimum: the Defendant name, the documented incident number for the case, and the court filing case number(s)for the case. 4. Investigation. The PUBLIC DEFENDER shall not make or participate in making an agreement with a governmental entity for the delivery of indigent defense services if the terms of the agreement obligate the contracting lawyer or law firm to bear the cost of providing investigation or expert services, unless a fair and reasonable amount for such costs is specifically designated in the agreement in a manner that does not adversely affect the income or compensation allocated to the lawyer, law firm, or law firm personnel. IV. TERM OF CONTRACT This Agreement shall remain in full force and effect from the date that this agreement is signed through December 31, 2025, and shall be automatically renewed annually, unless this Agreement is otherwise terminated by either party pursuant to the terms of this Agreement. V. POLICY AGAINST DISCRIMINATION The PUBLIC DEFENDER shall not discriminate in employment practices on the basis of any defined protected class status as defined by any federal,state, or local laws including, but not limited to, race,creed, color, age, disability, religion, sex, or sexual orientation. The PUBLIC DEFENDER shall comply with all local, state, and federal laws regarding discrimination. Page 3 of 4 Attachment-Scope of Services- Public Defense Professional Services Contract VI. PUBLIC DEFENSE STANDARDS The PUBLIC DEFENDER, and every attorney and/or intern employed by the PUBLIC DEFENDER to perform services under this agreement, shall comply with the RPC and the City of Auburn Standards for Public Defense(adopted pursuant to Resolution 2014)as they currently exist or may be amended pursuant to RCW 10.101.030. The PUBLIC DEFENDER shall submit a certification of compliance per City of Auburn Resolution 4849 to the Director of Human Resources/Risk Management, stating that the PUBLIC DEFENDER is in compliance with listed standards. This certification of compliance shall be submitted thirty (30)days after the PUBLIC DEFENDER has received a copy of such standards once adopted by the CITY. Further, the PUBLIC DEFENDER warrants that they, and every attorney and/or intern employed by the PUBLIC DEFENDER to perform services under this contract, has read and is fully familiar with the provisions of the Washington Supreme Court's standards for indigent defense, adopted by the Court as a rule. Compliance with those standards that are currently effective goes to the essence of this Agreement. The PUBLIC DEFENDER, and every attorney and/or intern performing services under this Agreement, shall comply with the standards in the court rule that are effective at the time of the execution of this agreement. VII. COMPLIANCE WITH LAWS The PUBLIC DEFENDER shall comply with and perform the services in accordance with all applicable federal, state, and City laws, including, without limitation, all City codes, ordinances, resolutions, standards, and policies, as now existing or hereafter adopted or amended. The City of Auburn City Code is available through the City's web page www.auburnwa.aov. Updates can be requested from the Office of the City Clerk. Page 4 of 7 Attachment-Scope of Services- Public Defense Professional Services Contract VIII. JNSURANCE AND INDEMNIFICATION 1. The PUBLIC DEFENDER shall secure and maintain a policy of comprehensive professional liability insurance. If a claim is in excess of the policy limits,then THE PUBLIC DEFENDER shall indemnify the CITY of Auburn from any liability. The PUBLIC DEFENDER does hereby defend, indemnify, and hold the CITY, its elected officials, officers,and employees harmless from any and all claims, losses,or liability, including attorney's fees arising out of any issues, which may arise due to the fact that the liability insurer is not licensed to do business in the State of Washington. Further, THE PUBLIC DEFENDER further agrees that should any claims be submitted or filed against them which are not covered by professional liability insurance, THE PUBLIC DEFENDER may be sued to recover amounts of all claims together with any attorney's fees and costs. The PUBLIC DEFENDER shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or property which may arise from, or in connection with, the performance of work hereunder by the PUBLIC DEFENDER, or the agents, representatives, employees, or subcontractors of the PUBLIC DEFENDER. The PUBLIC DEFENDER shall obtain insurance of the types described below, naming the CITY as an additional named insured: 1. Commercial General Liability Insurance shall be written with limits no less than One Million Dollars ($1,000,000.00) each occurrence, Two Million Dollars ($2,000,000.00) general aggregate. 2. Workers' Compensation per statutory requirements of Washington industrial insurance RCW Title 51. 3. Professional Liability Insurance shall be written with limits no less than One Million Dollars ($1,000,000.00) per claim and Two Million Dollars($2,000,000.00)policy aggregate limit. Written proof of the current insurance policy shall be filed with the CITY at the inception of this contract and when it expires. Failure to present timely proof of insurance will be grounds for immediate termination of this contract. 2. If, for any reason, the PUBLIC DEFENDER loses its professional liability insurance coverage, the PUBLIC DEFENDER must immediately notify the CITY's Director of Human Resources/Risk Management. 3. The PUBLIC DEFENDER shall defend, indemnify, and hold the CITY, its elected officials, officers, and employees harmless from any and all claims, losses,or liability, including attorney's fees,arising out of the PUBLIC DEFENDER'S performance or obligations pursuant to this contract, including claims arising by reason of accident, injury, or death caused to persons or property of any kind occurring by the fault or neglect of the PUBLIC DEFENDER, and its legal associates or employees, and occurring without the fault or neglect of the CITY. 4. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions for Professional Liability and Commercial General Liability Insurance: A.The PUBLIC DEFENDER'S insurance coverage shall be primary insurance as respect to the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the PUBLIC DEFENDER'S insurance and shall not contribute with it. B.The PUBLIC DEFENDER'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. Page 5 of 7 nil--'-'---'-i n---- -rn__.:--- rl..i_r_ ^-L-'--- ^•--X---0-'--- r'-._.:--- C%_._ .__S IX. TERMINATION OF CONTRgQI Grounds for Immediate Termination. The CITY retains the right to immediately terminate this contract with or without cause. 1. In the event of termination or upon completion of the contract,the following conditions may apply: (1) The PUBLIC DEFENDER shall be relieved of any further responsibility for receiving new case assignments under this contract; (2) the PUBLIC DEFENDER will continue to represent those defendants assigned prior to the date of termination and who have a trial date set and shall complete representation in all such cases; provided that, after termination or completion of the contract pursuant to court rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may withdraw from any case as permitted by court rule. 2. In the event either party defaults on the performance of any terms of this Agreement or either party places enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each party shall pay its own attorneys'fees,costs and expenses.The venues for any dispute related to this agreement shall be King County, Washington. Page6of7 Attachment-Scope of Services- Public Defense Professional Services Contract Name of PUBLIC DEFENDER The Law Office of Donna Person Smith, PLLC Address 3708 14'h ST PL SW Puyallup,WA 98373 Telephone 253-840-0288 Social security number/Business ID 27-0587992 City Contact Haley Chuculate, Court Coordinator Description of work: Perform public defense duties as primary Public Defense for City of Auburn Start date January 1,2025 Services to conclude by(date) See attached Scope of Service Work location: King County District- South Division-Auburn Courthouse/SCORE/KCRJC Terms of Service See attached Scope of Service Keys to be issued? Yes No x If working with children or developmentally disabled individuals,are the two required background forms completed and returned to the Human Resources Department? Yes No NA X X. MISCELLANEOUS 1. References. The CITY may provide work references for the PUBLIC DEFENDER upon request. 2. The PUBLIC DEFENDER shall maintain the files in accordance with the Washington State records retention. 3. Independent Contractor.The PUBLIC DEFENDER agrees and understands that they are an independent PUBLIC DEFENDER and not the agent or employee of the City.The manner and means of providing the professional services herein are under the sole control of the PUBLIC DEFENDER. The PUBLIC DEFENDER shall be solely responsible for reporting their hours,earnings, income tax,and social security to the applicable federal and state agencies. The PUBLIC DEFENDER understands that they are not entitled to any of the benefits provided by an employer to employees including, but not limited to, paid leave, health insurance coverage, retirement programs, and/or unemployment insurance. 4. At the time at which the Supreme Court issues its decision related to case load limits, the parties will reconvene and discuss necessary amendments. The PUBLIC DEFENDER agrees to indemnify and hold the CITY harmless from any claims that may result from allegations that the PUBLIC DEFENDER is not an independent contractor. Such claims may come from Internal Revenue Service, State of Washington Labor and Industries, and like agencies. The PUBLIC DEFENDER agrees to comply with all governmental requirements necessitated by independent contractor statues including, but not I' ited to, the pay ent of taxes. " � /r �a� rl , l 13/70?-+ PUBLIC D(EF-7DER's S'Bna ure - f Date /a / r 3l .-o 9.-`{ DirectokabE�man Resources and Risk Management Date Page 7 of 7