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HomeMy WebLinkAboutKintanar_Contractual Agreement for Professional Services_12.2024 - signed 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 Kintanar Law, Claire Kintanar, a Professional Limited Liability Corporation ("CONFLICT ATTORNEY"), whose address is 707 SW Grady Way. Suite 600 Renton, WA 98057. 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 CONFLICT ATTORNEY as an independent contractor; and WHEREAS, the City and the CONFLICT ATTORNEY 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 CONFLICT ATTORNEY shall be responsible to provide competent professional legal services to the defendants represented. The CONFLICT ATTORNEY shall be an active member in good standing of the Washington State Bar Association (WSBA). The CONFLICT ATTORNEY's services to appointed defendants shall specifically include appearances at in-custody bail hearings and at arraignments. The CONFLICT ATTORNEY must be available to meet appointed defendants incarcerated at the South Corrections Entity(SCORE)or at other locations. 2. The CONFLICT ATTORNEY, and every attorney employed by the CONFLICT ATTORNEY, 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 CONFLICT ATTORNEY should limit their annual number of cases to give each case sufficient time and effort to assure effective representation. II. SERVICES PROVIDED BY THE CONFLICT ATTORNEY 1. The CONFLICT ATTORNEY shall represent appointed criminal defendants in circumstances where a conflict of interest (as defined by the Rules of Professional Conduct-RPG) legally disqualifies the PUBLIC DEFENDER from such representation. Once appointed, the CONFLICT ATTORNEY shall represent a defendant 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. 2. The CONFLICT ATTORNEY or the CITY may request rescreening of a defendant whose case is on appeal. Appeals shall not be considered new case assignments. 3. 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. 4. Defendant defined: A single individual that the CITY has charged with criminal offense(s). 5. The CONFLICT ATTORNEY 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 CONFLICT ATTORNEY 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 Page 1 of 5 Attachment-Scope of Services- Public Defense Conflict Bar Contract of the State of Washington and be an active member in good standing with the WSBA. The CONFLICT ATTORNEY shall employ sufficient personnel to fulfill required responsibilities for defendants during vacations, illnesses, and settings in more than one courtroom or calendar. CONFLICT ATTORNEY shall employ no legal interns in the provision of services under this Agreement unless agreed to by the CITY in advance. In all events, CONFLICT ATTORNEY'S use of any legal interns shall comply with APR 9 and any other applicable law. 6. Upon receiving notice of a conflict of interest, it will be the CITY'S financial responsibility to pay alternative counsel to represent the defendant. 7. CONFLICT ATTORNEY must be available for appointments with assigned defendants at least during 8:00 a.m. until 5:00 p.m., Monday through Friday. 8. 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 CONFLICT ATTORNEY'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. 9. The CONFLICT ATTORNEY will endeavor to negotiate cases with City prosecutors in advance of court dates. 10. The CONFLICT ATTORNEY shall provide to the City of Auburn Police Department and Auburn Detention Center the telephone number or numbers at which the CONFLICT ATTORNEY can be reached twenty-four (24) hours each day for representation as required by statute, case law, and applicable court rule in misdemeanor cases. 11. Assignment or Subcontractors: No assignment or transfer of the Contract or of any interest in the Contract shall be made by the CONFLICT ATTORNEY without prior written consent of the CITY. III. COMPENSATION 1. Generally. Compensation to the CONFLICT ATTORNEY for public defense services for the terms of this contract shall be Three Hundred Thousand Dollars ($300,000.00) per year and will be billed at Twenty- Five Thousand Dollars ($25,000) per month and includes all appointed cases up to three hundred (300). The CONFLICT ATTORNEY 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. Additionally, The CITY will pay the CONFLICT ATTORNEY One Hundred Dollars ($100.00)for a review hearing when it has been at least Two (2)years after the original date of appointment. 2. Jury Trials. The CITY will pay the CONFLICT ATTORNEY Four Hundred Dollars ($400.00) per jury trial to represent an indigent defendant appointed to the CONFLICT ATTORNEY. The CONFLICT ATTORNEY shall be entitled to the trial fee only when after a jury has been selected and sworn-in (Jury Trial), or when the CITY's opening statement has been made (Bench Trial). 3. Appeals. If the CONFLICT ATTORNEY appeals a Defendant's case, the CITY will pay an additional Six Hundred Dollars($600.00)to the CONFLICT ATTORNEY unless one of the bases for appeal is ineffective assistance of counsel. If the CONFLICT ATTORNEY files an Anders brief in an appeal, the CITY will pay the CONFLICT ATTORNEY Three Hundred Fifteen Dollars ($315.00) upon the Court's approval of the CONFLICT ATTORNEY'S withdrawal from the case. In addition, the CITY will pay for transcription costs required for the appeal, regardless of which party files the appeal. 4. DUI Calls. The primary responsibility for receiving DUI Calls shall be typically handled by the primary Public Defender. However, in the circumstances that the jail contacts the CONFLICT ATTORNEY on DUI Cases for someone to speak to an attorney after an arrest, the CONFLICT ATTORNEY shall be compensated Fifty Dollars ($50.00)per phone call. Page 2 of 5 Attachment-Scope of Services - Public Defense Conflict Bar Contract 5. Payment. Pursuant to CITY policy regarding payment for services rendered,the CITY shall make payment to the CONFLICT ATTORNEY on the first day following the first City Council meeting following the submittal of the CONFLICT ATTORNEY invoice, received in time to be processed for that meeting. When submitting bill(s) to the CITY for Payment, CONFLICT ATTORNEY 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. 6. Investigation. The CONFLICT ATTORNEY 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 CONFLICT ATTORNEY 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 CONFLICT ATTORNEY shall comply with all local, state, and federal laws regarding discrimination. VI. PUBLIC DEFENSE STANDARDa The CONFLICT ATTORNEY, and every attorney and/or intern employed by the CONFLICT ATTORNEY 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 CONFLICT ATTORNEY shall submit a certification of compliance per City of Auburn Resolution 4849 to the Director of Human Resources/Risk Management, stating that the CONFLICT ATTORNEY is in compliance with listed standards. This certification of compliance shall be submitted thirty(30)days after the CONFLICT ATTORNEY has received a copy of such standards once adopted by the CITY. Further, the CONFLICT ATTORNEY warrants that they, and every attorney and/or intern employed by the CONFLICT ATTORNEY 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 CONFLICT ATTORNEY,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 CONFLICT ATTORNEY 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.aay. Updates can be requested from the Office of the City Clerk. Page 3 of 5 Attachment-Scope of Services- Public Defense Conflict Bar Contract VIII. INSURANCE AND INDEMNIFICATION 1. The CONFLICT ATTORNEY shall secure and maintain a policy of comprehensive professional liability insurance. If a claim is in excess of the policy limits, then THE CONFLICT ATTORNEY shall indemnify the CITY of Auburn from any liability. The CONFLICT ATTORNEY 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 CONFLICT ATTORNEY further agrees that should any claims be submitted or filed against them which are not covered by professional liability insurance, THE CONFLICT ATTORNEY may be sued to recover amounts of all claims together with any attorney's fees and costs. The required professional liability policy shall have limits of not less than Five Hundred Thousand Dollars ($500,000.00). 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 CONFLICT ATTORNEY loses its professional liability insurance coverage,the CONFLICT ATTORNEY must immediately notify the CITY's Director of Human Resources/Risk Management. 3. The CONFLICT ATTORNEY 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 CONFLICT ATTORNEY'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 CONFLICT ATTORNEY, and its legal associates or employees, and occurring without the fault or neglect of the CITY. IX. TERMINATION OF CONTRACT 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 CONFLICT ATTORNEY shall be relieved of any further responsibility for receiving new case assignments under this contract. Any open cases will be reassigned to another CONFLICT ATTORNEY 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. Page 4 of 5 Attachment-Scope of Services - Public Defense Conflict Bar Contract Name of CONFLICT ATTORNEY Kintanar Law, Claire Kintanar Address 707 SW Grady Way, Suite 600 Renton,WA 98057 Telephone (425)272-5431 Social security number/Business ID 603481076 City Contact Haley Chuculate, Court Coordinator Description of work: Perform public defense duties as a member of the City of Auburn "conflict bar" Start date 01/01/2025 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 NAX X. MISCELLANEOUS 1. References. The CITY may provide work references for the CONFLICT ATTORNEY upon request. 2. The CONFLICT ATTORNEY shall maintain the files in accordance with the Washington State records retention. 3. Independent Contractor. The CONFLICT ATTORNEY agrees and understands that they are an independent CONFLICT ATTORNEY 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 CONFLICT ATTORNEY. The CONFLICT ATTORNEY shall be solely responsible for reporting their hours, earnings, income tax, and social security to the applicable federal and state agencies. The CONFLICT ATTORNEY 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. The CONFLICT ATTORNEY agrees to indemnify and hold the CITY harmless from any claims that may result from allegations that the CONFLICT ATTORNEY is not an independent contractor.Such claims may come from Internal Revenue Service, State of Washington Labor and Industries, and like agencies. The CONFLICT ATTORNEY agrees to comply with all governmental requirements necessitated by independent contractor statues including, but not limited to, the payment of taxes. 01/30/25 CONFLICT ATTORNEY's Signature Date (o�Q 01/31/25 Director of Human Resources and Risk Management Date Page 5 of 5 Attachment-Scope of Services- Public Defense Conflict Bar Contract Kintanar_Contractual Agreement for Professional Services 12.2024 Final Audit Report 2025-01-31 Created: 2025-01-16 By: Haley Chuculate(HChuculate@auburnwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAAIArxbxPxgPoOnyZNcypd1A0VMe0r9dv "Kintanar_Contractual Agreement for Professional Services_12.2 024" History Document created by Haley Chuculate (HChuculate@auburnwa.gov) 2025-01-16-3:26:38 PM GMT Document emailed to Claire Kintanar(kintanarlaw@gmail.com)for signature 2025-01-16-3:26:41 PM GMT Email viewed by Claire Kintanar(kintanarlaw@gmail.com) 2025-01-17-0:08:18 AM GMT Email viewed by Claire Kintanar(kintanarlaw@gmail.com) 2025-01-31 -4:19:24 AM GMT d4 Document e-signed by Claire Kintanar(kintanarlaw@gmail.com) Signature Date:2025-01-31 -4:21:54 AM GMT-Time Source:server Document emailed to Candis Martinson (cmartinson@auburnwa.gov)for signature 2025-01-31 -4:21:56 AM GMT In Email viewed by Candis Martinson (cmartinson@auburnwa.gov) 2025-01-31 -4:22:17 AM GMT dg Document e-signed by Candis Martinson (cmartinson@auburnwa.gov) Signature Date:2025-01-31 -4:58:59 PM GMT-Time Source:server 0 Agreement completed. 2025-01-31 -4:58:59 PM GMT E3 Adobe Acrobat Sign