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HomeMy WebLinkAboutEdward Nelscon - FullySignedNelsonConflictContract091823 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 Edward Nelson Law Offices PLLC, ("CONFLICT ATTORNEY"), whose address is 31620 23rd Ave S., Ste 315, Federal Way,Washington, 98003. 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 A. 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. B,The CONFLICT ATTORNEY,and every attorney employed by the CONFLICT ATTORNEY,shall not handle more than four hundred (400) public defense cases (as defined in this Agreement) annually during the term of this Agreement, whether the cases are filed in the King County District Court, South Division, or another court. The CONFLICT ATTORNEY shall be familiar with and adhere to all Office of Public Defense(OPD)standards. An attorney's case count shall be according to the definitions In Section II, C. Notwithstanding the maximum number of annual cases set in this agreement, the CONFLICT ATTORNEY should limit their annual number of cases to give each case sufficient time and effort to assure effective representation. D. All attorneys representing defendants under this contract shall attend at least fifteen(15)hours of WSBA-approved continuing legal education each year, 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—RPC)legally disqualifies the PUBLIC DEFENDER from such representation. Once appointed by the court,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. 2. Should the CITY appeal a case involving the CONFLICT ATTORNEY,the CITY will pay the CONFLICT ATTORNEY an additional Four Hundred dollars($400.00). 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). Page 1 of 5 C:\Users\Edward Nelson\EDWARD NELSON LAW DropboxlEdward Nelson\ConfllctAttyContract2p23,docx Attachment-Scope of Services—Public Defense Conflict Bar Contract 4, 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 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. 5. Upon receiving notice of a conflict of interest and agreeing thereto, it will be the CITY'S financial responsibility to pay alternative counsel to represent the defendant. The Court will endeavor to rotate "conflicted"cases among the attorneys or firms that agree to act as CONFLICT ATTORNEYS. 6, 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. 7. 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. 8. The CONFLICT ATTORNEY will endeavor to negotiate cases with City prosecutors in advance of court dates. 9. 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. 10. 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 CONFLCIT ATTORNEY for public defense services for the terms of this contract shall be Four Hundred Dollars($400.00)for each represented case,to include cases referred to the Community Court, 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. The CITY shall only pay up to Five(5)review cases per month. 2, Jury Trials. The CITY will pay the CONFLICT ATTORNEY Three Hundred Dollars ($300.00) 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, sworn-in, and the City's opening statement has been made. 3. Appeals. If the CONFLICT ATTORNEY appeals a Defendant's case, the CITY will pay an additional Four Hundred and Sixty Dollars($460.00)to the CONFLICT ATTORNEY upon its litigation and disposition. If the CONFLICT ATTORNEY files an Anders brief in an appeal, the City will pay the CONFLICT ATTORNEY Three Hundred and 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. Page 2 of 5 C:\Users\Edward Nelson\EDWARD NELSON LAW DropboxlEdward Nelson\ContiictAttyContract2023.docx Attachment-Scope of Services—Public Defense Conflict Bar Contract 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. 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 CONFLCIT 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. IV. TERM OF CONTRACT This Agreement shall remain in full force and effect from the date that this agreement is signed through December 31, 2024, 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 STANDARDS 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 he/she,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 on June 15,2012.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,00v. Updates can be requested from the Office of the City Clerk. VIII. INSURANCE AND INDEMNIFICATION A. 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 CONFLCIT 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 Page 3 of 6 C:\Users\Edward Nelson\EDWARD NELSON LAW DropboxlEdward Nelson\ConflIctAttyContract2023.docx 1 Attachment-Scope of Services—Public Defense Conflict Bar Contract 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 Two Hundred Thousand Dollars ($200,000.00) per incident and Five Hundred Thousand Dollars($500,000.00) in the aggregate. 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. B. 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 ResourceslRisk Management. C. 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 attorneys 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 A. Grounds for Immediate Termination. The City retains the right to immediately terminate this contract for failure to provide timely proof of professional liability insurance due at any of the times required herein. B. Additionally, either the CITY or the CONFLICT ATTORNEY may terminate this contract in the event of the following: 1, Any other breach of this contract;or 2. Violation of the Rules of Professional Conduct;or 3. With or Without Cause. Such termination under this subpart is effective only if the party terminating the contract has been provided written notice of the deficiency to the second party, and the deficiency is not corrected in a timely manner to the reasonable satisfaction of the first party. C. In the event of termination or upon completion of the contract, the following conditions may apply:(1)the CONFLICT ATTORNEY shall be relieved of any further responsibility for receiving new case assignments under this contract; (2) the CONFLICT ATTORNEY 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 CONFLICT ATTORNEY may withdraw from any case as permitted by court rule. D. In the event either of the parties 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 C:\Users\Edward Nelson\EDWARD NELSON LAW Dropbox\Edward Nelson\ConfllctAttyContract2023.docx Attachment-Scope of Services—Public Defense Conflict Bar Contract Name of CONFLICT ATTORNEY Edward A. Nelson Address 31620 23rd Ave.S.,Ste.315,Federal Way,WA 98003 Telephone Phone:(253)941-6340,Fax:(253)941-6341,edwardnelson aneanlaw.com Social security number/Business ID 41-2131829 City Contact Aaron Barber(Assistant Director of Human Resources/Risk Management) Description of work: Perform public defense duties as a member of the City of Auburn"conflict bar" Start date Services to conclude by(date) See attached Scope of Service Work location: King County District-South Division-Auburn Courthouse/SCORE/KCRJC Terms of Service $400.00 per represented case. Request for remittance by use of invoice. See attached scone 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. MISCELLANEOUS A. References. The City may provide work references for the CONFLICT ATTORNEY upon request. B. Ownership of Work Product. Upon the completion of the CONFLICT ATTORNEY'S representation of a defendant,all documents,reports,memoranda,plans,and any other materials created,or otherwise prepared,by the CONFLICT ATTORNEY as part of his/her performance of this Agreement(the"Work Products')shall be owned by and become the property of the City and may be used by the City for any purpose beneficial to the City. The consultant may retain copies of any documents,reports,etc.it authors. The Conflict Attorney shall maintain the files in accordance with the Washington State records retention schedule and shall have the responsibility to transfer all documents to the City at the termination or conclusion of this contract. C. Independent Contractor. The CONFLICT ATTORNEY agrees and understands that he/she is 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 his/her hours,earnings,income tax,and social security to the applicable federal and state agencies. The CONFLICT ATTORNEY understands that he/she is 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. -"------\ /scz --,:c . CONFLICT ATTORNEY's Signature - - y Date v' 18 / a3 __ for , Director of Human Resources/Risk Management Date Page 5 of 5 C:\Users\Edward Nelson\EDWARD NELSON LAW Dropbox\Edward Nelson\ConflictAttyContract2023.docx