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HomeMy WebLinkAbout4956 RESOLUTION NO. 4 9 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND CAYCE & GROVE FOR PUBLIC DEFENSE SERVICES WHEREAS, the State legislature finds that effective legal representation should be provided for indigent persons consistent with the constitutional requirements of fairness, equal protection and due process in all cases where right to counsel attaches; and WHEREAS, the King County District Court presides over cases involving indigent persons and the City of Auburn provides Public Defense Services; WHEREAS, the City of Auburn desires to contract its Public Defense Services; and WHEREAS, it is fiscally responsible for the City of Auburn to periodically "shop" for quality defense services with the best return in its investment; and WHEREAS, the City of Auburn published a Request for Proposal for the purpose of reviewing bids that provide quality public defense services; and WHEREAS, the City of Auburn has reviewed each proposal submitted in accordance with the Request for Proposal; and WHEREAS, the City of Auburn finds the bid from Cayce & Grove best meets the requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: --------------------------- Resolution No. 4956 May 29, 2013 Page 1 of 2 Section 1. That the Mayor and City Clerk are hereby authorized to execute the Public Defense Services Contract between the City of Auburn and Cayce & Grove which agreement shall be in substantial conformity with the agreement attached hereto as Public Defense Services Contract and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this �day of 2013. RBLEWIS, PE MAYOR ATTEST: Z,01� IIU� Danielle E. Daskam, City Clerk APPROVED TO FORM: Daniel B. Heid;City Attorney Resolution No. 4956 May 29, 2013 Page 2 of 2 PUBLIC DEFENSE SERVICES CONTRACT CITY OF AUBURN, WASHINGTON July 1, 2013 — December 31, 2014 THIS AGREEMENT made and entered into by the City of Auburn; hereinafter referred to as "CITY," and The Law Offices of Cayce & Grove, hereinafter referred to as "PUBLIC DEFENDER," do hereby agree to the following terms and conditions: I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES: A. General. 1. The CITY shall make public defense services available to all persons who so qualify after application to and approval of the Court or an independent public defense screen or are in custody and directly appointed by the Court. The PUBLIC DEFENDER will provide legal representation for each of these defendants from the time of court appointment or screening through trial, sentencing, post conviction review, and any appeals to Superior court or Washington appellate courts. The PUBLIC DEFENDER, or subcontractor of the PUBLIC DEFENDER, will provide defense services at daily in- custody bail hearings, will attend the arraignment calendar, and will be available, in person, to talk to and meet indigent defendants at the Auburn Detention Center, South Corrections Entity (SCORE), or other alternative locations. The PUBLIC DEFENDER will also provide representation for the Mental Health Court calendar and Community calendar should one be established during the term of the contract. If a mental health court or community calendar is established, the parties agree to reopen the compensation section of this Agreement. 2. The CITY shall be responsible for screening. Upon appointment, the screener shall immediately deliver to the PUBLIC DEFENDER the screener's document on each case that is assigned. The screener shall be responsible for delivering a letter of introduction, which has been provided by the PUBLIC DEFENDER, to every defendant who qualifies for and is appointed to be represented by the PUBLIC DEFENDER. The screener shall provide notice of appointment to the PUBLIC DEFENDER, the prosecutor, and the court. B. Reporting Procedures. 1. The PUBLIC DEFENDER shall file monthly reports with the CITY indicating the following: (1) the first, middle and last name of each defendant who has been appointed and a Notice of Appearance was filed; (2) criminal cause number(s) for the defendant; (3) date of appointment; (4) whether the defendant was appointed by the Court or by the screener; and (3) if the case was "conflicted" at any time during the process. Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 1 of 13 2. The PUBLIC DEFENDER shall also provide a monthly report to the CITY showing all cases in which the defendant has been sentenced or acquitted. 3. The PUBLIC DEFENDER shall also include in its monthly reports the case count information required by Section 16 of this Agreement. All reports are due to the CITY on the 4th day of the month following the appointment and filing of the Notice of Appearance or case disposition. II. RESPONSIBILITIES OF PUBLIC DEFENDER A. The PUBLIC DEFENDER shall be responsible to provide competent professional legal services to the defendants represented. The PUBLIC DEFENDER shall employ and/or associate a sufficient number of attorneys and staff to provide such services. The CITY shall incur no extra cost for the employed and/or associated attorneys and staff. The PUBLIC DEFENDER and each attorney so employed and/or associated shall be an active member in good standing of the Washington State Bar Association. Any attorney employed and/or associated by the PUBLIC DEFENDER who does not have at least three (3) years of experience shall practice under the direct supervision of any attorney who does have three (3) years experience. Such experience shall include at least one-third emphasis on criminal defense. B. Legal interns involved in the representation of defendants in Court must have all of their work reviewed and/or countersigned by a supervising attorney. No legal intern shall have sole responsibility for administering and representing any of the defendants appointed and represented pursuant to the contract herein. C. Caseloads of the PUBLIC DEFENDER and any individual attorneys employed and/or associated therewith should be limited to that level of assignments which allows an attorney to give each defendant's case sufficient time and effort to ensure effective representation. On June 15, 2012, the Washington Supreme Court issued Order No. 25700-A-1004 ("Order"), adopting new standards for indigent defense, and certification of compliance. Section 3.1 of the Order requires that the CITY establish the maximum number of cases that each attorney will be expected to handle. The Order does not impose a specific or recommended case limit until January 2015. At that time, the Order suggests a guideline of four hundred (400) cases per attorney (if the CITY does not use a weighted case counting system). In order to determine a maximum number of cases, the CITY, in coordination with the PUBLIC DEFENDER, have reviewed the 2012 public defense caseload to date. Based on that review, the CITY has determined that the following factor warrants an upward deviation from the proposed maximum unweighted case limit guideline: The experience level of the staff at the PUBLIC DEFENDER'S office shows that each attorney has over (ten) 10 years of criminal defense experience. This allows them to more efficiently analyze charges, which in turn allows them to provide effective advice to Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 2 of 13 their clients. As a result, the experienced attorneys are capable of handling more cases while still providing effective representation. III. SERVICES PROVIDED BY THE PUBLIC DEFENDER 1. The PUBLIC DEFENDER shall represent each defendant from the date of appointment (or at in-custody hearings as the case may be), through sentencing and the first appeal of right pursuant to the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ) rules. 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. In addition, the PUBLIC DEFENDER shall be present at arraignment hearings on stand-by should a defendant request legal advice. 2. Case defined. A case is defined as the filing of a document with the Court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation. In Courts of limited jurisdiction, multiple citations from the same incident can be counted as one (1) case provided that a case shall not exceed four (4) criminal counts on a maximum of two (2) criminal citations arising out of the same general course of conduct over a short period of time. Example: a single person charged with three (3) different Driving While License Suspended charges would be counted as three (3) separate cases because the incidents necessarily took place at separate times. However, a single individual charged with Reckless Driving, DUI, Hit and Run (Attended), and Driving While License Suspended arising out of one incident (on two citations), would count as one (1) case. 3. Case Count. A case is counted where: (a) Pretrial: Each pretrial case is counted only once irrespective of any subsequent reappointments pursuant to a failure to appear (FTA). They will be counted at the time of first appointment. Cases subsequently conflicted, or where a private attorney is hired, will be noted on the next monthly report, but is not counted as a PUBLIC DEFENDER case; (2) Post trial convictions: Case where a defendant was previously represented by the PUBLIC DEFENDER and was previously counted when they were in pretrial status will not be counted unless they FTA at a post conviction hearing. Post conviction cases where defendants FTA and are subsequently re-appointed to the PUBLIC DEFENDER will be counted again; however, this shall occur only once. No matter how many times a defendant FTA and the PUBLIC DEFENDER is reappointed when the case is in the post-conviction status, the case will be recounted only once. In the future, the PUBLIC DEFENDER agrees to complete representation for any defendant for which a Notice of Appearance has been filed, even if Court proceedings continue beyond the date when a successor PUBLIC DEFENDER becomes responsible for public defense services. This does not include post conviction reviews. 4. The PUBLIC DEFENDER may associate or employ additional or different attorneys to represent defendants at no extra cost to the CITY. Any counsel associated Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 3 of 13 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. Sufficient counsel shall be provided to represent defendants during vacation, illnesses, and settings in more than one (1) courtroom. No legal interns shall be used unless agreed to by the CITY in advance. No attorney shall handle more than six hundred (600) public defense cases annually during the term of this Agreement, unless the Washington State Supreme Court establishes different case limits under the Order. If new limits are established by Court Rule or statute, the parties agree to re- open this provision in order to establish the appropriate case limit, and to negotiate whether additional compensation is appropriate. This limit applies to each individual attorney for all Courts in which the attorney practices. The PUBLIC DEFENDER agrees to pay each subconsultant under this Agreement for satisfactory performance of its contract no later than forty-five (45) days from the receipt of each payment the consultant receives from the CITY. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY. 5. Conflict Cases. Both parties agree that cases will be conflicted only when a recognized conflict occurs (not a potential conflict). Upon discovery of an actual conflict with the representation of a specific defendant by the PUBLIC DEFENDER (as defined in the Rules of Professional Conduct), the PUBLIC DEFENDER shall immediately inform the CITY, the Court, and the defendant in writing of the conflict by issuing a Notice of Intent to Withdraw. Only a partner in the PUBLIC DEFENDER'S firm will be permitted to make the final decision regarding whether a conflict actually exists. The PUBLIC DEFENDER will assist the City with a list of qualified law firms with which the CITY can contract for conflict public defense services. 6. 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 rotate, in order, "conflicted" cases to each firm. However, if the CITY contests the Notice of Intent to Withdraw, then the CITY shall immediately file a note for motion regarding the propriety of the withdrawal and request that the Court notify the defendant and the PUBLIC DEFENDER of the date, time, and nature of the hearing. All parties shall be bound by the Court's ruling or any appeal therefrom. 7. Office appointments for the defendants appointed to the PUBLIC DEFENDER should be made available at least during regular business hours of 8:00 a.m. until 5:00 p.m., Monday through Friday. 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. Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 4 of 13 8. The PUBLIC DEFENDER will make every effort to coordinate cases with CITY prosecutors at least once per week, in advance of upcoming court dates. 9. The PUBLIC DEFENDER will be available for all calendars pursuant to the will of the Court. Public Defense requirements would generally appear as follows. Jail is defined as the SCORE facility or Auburn Detention facility. Staffing of SCORE requirements must ensure no calendar down time. 10.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 critical stage advice to defendants during the course of police investigations and/or arrests, as required by statute, case law, and applicable court rule in municipal misdemeanor cases. 11.The PUBLIC DEFENDER shall provide to the screener for dissemination to every represented defendant a letter in plain, simple, and concise language outlining the defendant's responsibilities with regard to the attorney-client relationship. 12.The PUBLIC DEFENDER shall institute and maintain a procedure to review the defendants' complaints. Complaints, which are not immediately resolved by the PUBLIC DEFENDER, shall be referred to the Washington State Bar Association and/or the Court. 13.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 the prior written consent of the CITY. 14.All documents, reports, memoranda, plans, and/or any other materials created or otherwise prepared by the contractor as part of his performance of this Agreement (the "Work Products") that are not subject to attorney-client or attorney work product privilege 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. 15. If a Conflict Public Defender has been appointed as conflict counsel in a case, the PUBLIC DEFENDER shall coordinate with Conflict Public Defender to file a Notice of Withdrawal and Substitution with the Court, and shall serve a copy on the City Attorney. If the case is a RALJ appeal, the notice shall be filed in the Superior Court, with a copy to the Municipal Court and the City Attorney. 16.Caseload Monitoring. a. The purpose of this Section is to provide data to support the CITY'S possible adoption of a case weighting system, and to establish caseload limits. Using the case weighting system attached hereto, marked as (Appendix A), the PUBLIC Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 5 of 13 DEFENDER shall track assigned cases. Every month, the PUBLIC DEFENDER shall provide a report that shows the total number of cases assigned, broken down by the types of cases. The PUBLIC DEFENDER will meet with the CITY at least once per quarter to review the report, and discuss whether the weighting system accurately reflects the amount of work performed by the PUBLIC DEFENDER. b. Factors to consider. In evaluating the proposed weighting system, the PUBLIC DEFENDER shall consider (and shall include in each report), the effect of the criteria in Section 3.3 of the ORDER. The PUBLIC DEFENDER shall recommend adjustments to caseloads based on the experience of the attorneys, and shall provide justification for those adjustments. The PUBLIC DEFENDER shall recommend adjustments to the case weighting system based on the effect of Stipulated Orders of Continuance, deferred prosecution, or other alternative dispositions. The PUBLIC DEFENDER shall also recommend adjustments based on dispositions such as diversions, or reductions to infractions, or other alternative dispositions that do not include a plea of guilty (as provided for in Section 3.6(B)(v) of the ORDER). IV. COMPENSATION Compensation to the PUBLIC DEFENDER for public defense services beginning July 1, 2013 through December 31, 2014 shall be paid at the rate of Thirty Three Thousand Seven Hundred Fifty Dollars ($33,750.00) per month. The City will also pay a one time transition expense of Ten Thousand Dollars ($10,000.00), within ten (10) days of execution of this Agreement. In addition, the CITY will pay for transcription costs required for the appeal, regardless of which party files the appeal. All videotapes, CDs, audiotapes, video disks, photocopies, color copies of images, or other media associated with discovery shall be provided by the CITY at no cost to the PUBLIC DEFENDER. The PUBLIC DEFENDER will submit an invoice no later than the 4th day of each month. Pursuant to regular 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 timely submittal of the PUBLIC DEFENDER report and invoice. The PUBLIC DEFENDER agrees and understands that he/she is an independent contractor 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 his/her hours, earnings, income tax, and social security to the applicable federal and state agencies. The PUBLIC DEFENDER 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. Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 6 of 13 V. TERM OF CONTRACT This Agreement shall remain in full force and effect from July 1, 2013, through December 31, 2014. This Agreement may be annually extended or renewed under the terms of this Agreement, or as modified by agreement of both parties, at the conclusion of the term of this Agreement. Such extension or renewal shall be in writing, upon agreement of both Parties. VI. POLICY AGAINST DISCRIMINATION The PUBLIC DEFENDER shall not discriminate in employment practices on the basis of race, creed, color, age, disability, religion, sex, or sexual orientation and follow the CITY'S policy on nondiscrimination. The PUBLIC DEFENDER should comply with all local, state, and federal laws regarding discrimination. VII. PUBLIC DEFENSE STANDARDS The PUBLIC DEFENDER shall comply with the Rules of Professional Conduct. The PUBLIC DEFENDER shall comply with the City of Auburn Standards for Public Defense as adopted by the CITY on August 20, 2012, pursuant to Resolution 4849 and any future standards for public defense services that may be adopted by the CITY pursuant to Chapter 10.101.030 of the RCW. The PUBLIC DEFENDER shall submit a copy of the affidavit it files with the Municipal Court, stating that the PUBLIC DEFENDER is in compliance with such standards to the Director of Human Resources/Risk Management. This affidavit shall be submitted thirty (30) days after the PUBLIC DEFENDER has received a copy of such standards. VIII. INSURANCE AND INDEMNIFICATION A. Insurance The PUBLIC DEFENDER shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The PUBLIC DEFENDER shall furnish evidence, satisfactory to the CITY, of all such policies. During the term hereof, the PUBLIC DEFENDER shall take out and maintain in full force and affect the following insurance policies: 1. Commercial General Liability insurance, insuring the CITY and the PUBLIC DEFENDER against loss or damages arising from premises, operations, independent contractors, and personal injury and advertising injury. The CITY shall be named as an insured under the PUBLIC DEFENDER'S Commercial General Liability insurance policy with respect to the work performed for the CITY, with minimum liability limits of one million dollars ($1,000,000.00) combined single limit for personal injury, death, or property damage in any one occurrence. Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 7 of 13 2. Such workmen's compensation and other similar insurance as may be required by law. 3. Professional errors and omissions liability insurance with minimum liability limits of one million dollars ($1,000,000.00). B. No Limitation PUBLIC DEFENDER'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the 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. 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. C. 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: 1. 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 in excess of the PUBLIC DEFENDER's insurance and shall not contribute with it. 2. 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. D. Indemnification The PUBLIC DEFENDER shall indemnify, defend, and hold harmless the CITY and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of the PUBLIC DEFENDER, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of the CITY. If a final judgment is rendered against the CITY, its officers, agents, employees, and/or any of them, or jointly against the CITY and the PUBLIC DEFENDER and their respective officers, agents and employees, or any of them, the PUBLIC DEFENDER shall satisfy the same to the extent that such judgment was due to the PUBLIC DEFENDER's negligent acts or omissions. Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 8 of 13 IX. TERMINATION OF CONTRACT A. Grounds for Immediate Termination. The CITY retains the right to immediately terminate this contract in the event any of the following incidents occurs: 1. Failure to provide timely proof of comprehensive professional liability insurance due at any of the times required herein. 2. Loss of comprehensive professional liability insurance coverage regardless of the reason therefor. 3. Any action that, at the sole discretion of the CITY, could bring discredit on the CITY. B. Additionally, either the CITY or the PUBLIC DEFENDER 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. Good and Sufficient Cause Such termination under this subpart is effective only if the party terminating the contract has 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. Written notice of termination under Section IX (B) shall be given by the party terminating this contract to the other not less than sixty (60) days prior to the effective date of the termination. C. 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. X. TRANSITION. In consideration for the transition payment in Section IV- of this Agreement, the PUBLIC DEFENDER shall contact the City's current Public Defender upon execution of this Agreement to discuss the transition of current cases, and historical records. The Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 9 of 13 parties agree that, subject to Court Rules and the Rules of Professional Conduct, that as many cases as possible should be taken over by the PUBLIC DEFENDER as of the start date of this contract. The PUBLIC DEFENDER will cooperate with the incumbent to file all necessary paperwork with the Court, and to consult with clients to ensure a smooth transition of representation. DATED this - Day of , 2013. CITY OF Peter B. Lewis Mayor ATTEST: JUN 3 2013 Danielle E. Daskam Date City Clerk APPRO AS ORM: �� DA 411 Reid Da City Attorney L W OFFI OF C YCE & GROVE ((2 li 1 LIZ) Re ative ��� Date Co t for City: Contact for Cayce & Grove: Aaron Barber Tricia Grove Compensation & Employee Relations Manager Public Defense Attorney 25 West Main Street 405 South Fourth Street Auburn, WA 98001-4998 Renton, WA 98057 (253) 804-5093 (425) 255-0603 Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Pagel 0 of 13 APPENDIX A TO PUBLIC DEFENSE CONTRACT JULY 1, 2013 — December 31, 2014 Allowing Minor to Frequent Bar 1/3 Allow Unauthorized Person to Drive 1/3 Altered License 1/3 Assault: Domestic Violence 1 Non Domestic Violence 1 With Sexual Intent 2 Animal Cruelty 1 Attempted Assault 2/3 Attempted Forgery 2/3 Attempted Theft 2/3 Canceled Plates/Registration 1/3 Complicity 2/3 Commercial License Needed 1/3 Concealed Weapon 2/3 Conspiracy 2/3 Counterfeiting Trademark 2/3 Criminal Attempt 2/3 Criminal Trespass 1/3 Custodial Interference 1 Cyber Stalking 1 Dangerous Animal at Large 2/3 Discharge of Firearm 2/3 Disorderly Conduct 1/3 Display of Weapon 2/3 Driving Under Influence (DUI) 1 Driving While License Suspended (DWLS 1) 1/2 Driving While License Suspended (DWLS 2) 1/2 Driving While License Suspended (DWLS 3) 1/3 Criminal Assistance 1/3 Escape 2/3 Failure to Transfer Title 1/3 Failure to Disperse 1/3 Failure to Obey 1/2 Failure to Obey Flagman 1/2 Failure to Obtain Vehicle License 1/3 Failure to Stop 1/2 Failure to Secure Load 1 Failure to Surrender License 1/3 False Identification 1/2 False Insurance Card 1/2 Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 11 of 13 False Information 1/2 False Reporting 1/2 False Statement 1/2 Fraudulent Driver's License 1/2 Furnishing Liquor to Minor 1/2 Harm to a Police Dog 1 Harassment 1 Telephone Harassment 1 Domestic Violence Harassment 1 Hit and Run Attended 1 Hit and Run Unattended 1/2 Illegal Fireworks 1/3 Illegal Use of Dealer Plate 1/3 Immoral Conduct with a Minor 1 Indecent Exposure 1 Inhale Toxic Fumes 1 Interfering with Reporting to 911 2/3 Invalid Trip Permit 1/3 Loiter for Prostitution 1/2 Malicious Mischief Domestic Violence 1 Malicious Mischief Non-Domestic Violence 2/3 Minor Frequenting a Tavern 1/2 Minor Intoxicated in Public 1/2 Minor in Possession/Consumption 1/2 Neglect of a Child 1 Negligent Driving 1 1 No Valid Operator's License 1/3 Obstructing 2/3 Operating Vehicle without Certification of Ownership 1/3 Operating Vehicle without Ignition Interlock 1/2 Patronizing a Prostitute 1/2 Physical Control 1 Possession of Drug Paraphernalia 1/2 Possession of Marijuana 1/2 Possession of Stolen Property 2/3 Possession/Making Burglary Tools 2/3 Possession of Another's ID 1/2 Possession of Legend 2/3 Prostitution 1/2 Provoking Assault 2/3 Public Disturbance 1/3 Reckless Driving 2/3 Reckless Burning 2/3 Reckless Endangerment 2/3 Refuse to Cooperate 1/2 Crimes Requiring Registration as Sex Offender 2 Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 12 of 13 Resisting Arrest 2/3 Selling Liquor to Minor 1/2 Stalking 1 Tampering with Property of Others 1/2 Tampering with a Witness 1 Theft 3 2/3 Theft of Rental Property 2/3 Unlawful Issuance of Bank Check 2/3 Unlawful Bus Conduct 1/2 Unlawful Camping 1/3 Unlawful Racing 2/3 Vehicle Prowl 2/3 Vehicle Trespass 2/3 Violation of Anti-Harassment Order 2/3 Violation of No Contact Order 2/3 Violation of Instruction Permit 1/3 Violation of Occupancy License 1/3 Violation of Protection Order 2/3 Violation of Restraining Order 2/3 Violation of Stay Out of Area of Prostitution (SOAP) Order 1/2 Weapons Capable of Harm 2/3 Public Defender Contract July 1,2013—December 31,2014 Date 5.14.13 Page 13 of 13 tt jqI ADDENDUM NO. 1 ADDENDUM TO PUBLIC DEFENSE SERVICES CONTRACT BETWEEN CAYCE & GROVE AND THE CITY OF AUBURN RELATING TO PUBLIC DEFENDER SERVICES THIS ADDENDUM is made and entered into this :T dayof January, 2015, by and between The Law Offices of Cayce & Grove, (hereinafter referred to as "the PUBLIC DEFENDER ") and the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY "), as an addendum to the Agreement between the parties for PUBLIC DEFENSE SERVICES executed on the 3`d day of June, 2013. WHEREAS, the CITY, desires to continue to receive public defense services from the PUBLIC DEFENDER asset forth in that written Agreement entitled PUBLIC DEFENSESER VICES CONTRACT CITY OF AUBURN 6VASHINGTONentered into on June, 3, 2013. WHEREAS, the PUBLIC DEFENDER desires to continue to provide public defense services to the CITY, WHEREAS, both parties agree to amend Section IV. of the PUBLIC DEFENSE SERVICES CONTRACT CITY OF AUBURN WASHINGTON to pay Two Hundred and Fifty -three dollars ($253.00) per case for the first sixteen hundred (1600) cases and to pay Two Hundred and Twenty Dollars ($220.00) per case for any case that exceeds the first sixteen hundred (1600), and WHEREAS, both parties desire to further amend Section V. of the PUBLIC DEFENSE SERVICES CONTRACT CITY OFAUBURN WASHINGTON to extend the term of the Agreement for an additional year effective January 1, 2015, and NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the PARTIES HERETO HEREBY AGREE as follows. Compensation to the PUBLIC DEFENDER for public defense services beginning January 1, 2015 through December 31, 2015 shall be paid at the rate of paid at the rate of Thirty Three Thousand Seven Hundred Fifty Dollars ($33,750.00) per month and includes all appointed cases up to sixteen hundred (1600) and the attendance at arraignments as courtesy counsel, and first appearance jail calendar. The City will be billed Two hundred and Twenty Dollars (5220.00) per case for any appointed case above the first sixteen hundred (1600) appointed cases. In addition, the CITY will pay for transcription costs required for the appeal, regardless of which party files the appeal. Page 1 All videotapes, CDs, audiotapes, videodisks, photocopies, color copies of images, or other media associated with discovery shall be provided by the CITY at no cost to the PUBLIC DEFENDER. The PUBLIC DEFENDER will submit an invoice no later than the 4th day of each month. Pursuant to regular 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 timely submittal of the PUBLIC DEFENDER report and invoice. The PUBLIC DEFENDER agrees and understands that he /she is an independent contractor 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 his/her hours, earnings, income tax, and social security to the applicable federal and state agencies. The PUBLIC DEFENDER 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. 2. Section V. of the Public Defense Services Contract entered into June 3, 2013 is amended to read as follows: "This Agreement shall remain in full force and effect from January 1, 2015, through December 31, 2015. This Agreement may be annually extended or renewed under the tens of this Agreement, or as modified by a written addendum to the Agreement of both parties, at the conclusion of the ten of this Agreement. Such Agreement shall be in writing, upon Agreement of both Parties. ITEM FOUR REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for Public Defender Services executed on the 3`d day of June 2013, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. LAW OFFICES OF CAYCE & GROVE W a F , 0 19917 U- Page 2 CITY OF AUBURN By: Nancy Backus or Attest: By: Its: Attest: By: Danielle E. Daskam. City Clerk Page 3 as to form: Daniel B. Heid, City Attorney