033-15 - LaCross & Murphy, PLLC - Contract Amendment 2Amendment No. 2 to Contract No. 033-15
CITY OF PORT ORCHARD AGREEMENT FOR
ATTORNEY SERVICES
_ THIS AMENDMENT to Contract No. 033-15 ("Amendment") is made effective as of the
day of , 2016, by and between the City of Port Orchard ("City), a municipal
corporation, organized under the laws of the State of Washington, and LaCross & Murphy, PLLC, a
professional limited liability company organized under the laws of the State of Washington, located and
doing business at 559 Bay Street, Port Orchard, WA 98366 ("Public Defender").
WHEREAS, on March 12, 2015, the City executed an Agreement for Attorney Services with
Cross, LaCross and Murphy, PLLC, for the provision of public defender services ("Underlying
Agreement"); and
WHEREAS, on August 12, 2015, the City executed Amendment No. 1 to the Underlying
Agreement to document: (a) a change to the name of the law firm (from Cross, LaCross & Murphy, PLLC
to Lacross & Murphy, PLLC); (b) a change to the name of the person designated to receive required notices
(from John Cross to Jacob Murphy); (c) the City's consent to the assignment of the Underlying Agreement
to LaCross & Murphy, PLLC; and (d) a change to the Scope of Services to update the names of the
attorneys assigned to perform services under the Underlying Agreement; and
WHEREAS, Section 4 and Exhibit C of the Underlying Agreement provide for the terms under
which the Public Defender will be compensated for services performed; and
WHEREAS, the City has obtained a grant in the amount of $15,000 from the Washington State
Office of Public Defense for the period of January 1 through December 31, 2016 for the purpose of
improving the quality of public defense services in Washington municipalities ("Grant"); and
WHEREAS, one of the specific authorized uses of the Grant funds is to increase public defense
attorney compensation; and
WHEREAS, the City has committed to expending some of the Grant funds to increase the hourly
compensation of conflict public defense counsel; and
WHEREAS, the City is committed to expending the remaining Grant funds available at the end of
the 2016 calendar year, if any, to increase the compensation of the Public Defender; and
WHEREAS, if the City receives a grant from the Washington State Office of Public Defense for
2017 and/or future years with the same terms as the 2016 Grant, the City commits to expending such grant
funds in the same manner as set forth above for as many years as the Underlying Agreement with the
Public Defender remains in effect; and
WHEREAS, the City wishes to further define the reporting obligations of the Public Defender,
which allow the City to monitor the public defense services provided; and
WHEREAS, the parties wish to document the City's intent to expend the remaining Grant funds for
2016 and for future years, if any, in this manner; NOW, THEREFORE,
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
follows:
1. The Underlying Agreement of March 12, 2015 between the parties, as amended by
Amendment No. 1 to Contract No. 033-15, both documents incorporated by this reference as fully as if
herein set forth, is amended in, but only in, the following respects:
1.1 Compensation. The compensation provisions set forth in Section 4 and Exhibit C
of the Underlying Agreement shall be amended to allow the City to expend the remaining funds from the
City's 2016 grant from the Washington State Office of Public Defense, which are available at the end of the
2016 calendar year after the payment for the increased hourly rates of conflict public defense counsel, if
any, to the Public Defender for the purpose of increasing the Public Defender compensation, to be
distributed in the manner that the Public Defender deems appropriate. This provision shall be applicable in
future years if the City receives further grants from the Washington State Office of Public Defense with the
same terms as the 2016 Grant for as long as the Underlying Agreement with the Public Defender remains in
effect.
1.2 Scope of Work. Exhibit A, which is attached to the Underlying Agreement and
consists of the Scope of Work, is hereby amended to include the form set forth in the attached Exhibit A to
this amendment, incorporated by this reference as fully as if herein set forth.
2. In all other respects, the Underlying Agreement between the parties, as amended by
Amendment No. 1 to Contract No. 033-15, shall remain in full force and effect, amended as set forth
herein, but only as set forth herein.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD, LaCROSS & MURPHY, PLLC
WASHINGTON
acob P. Murphy, Managing Member
Robert Putaansuu, Mayor
ATTEST/A TICATED:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
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EXHIBIT -A
SCOPE OF WORK AND MINIMUM QUALIFICATIONS
Minimum Experience/Qualifications
1. Each attorney who is proposed to perform services pursuant to this RFP must
be a member in good standing with the Washington State Bar Association. No
Rule 9 attorneys will be allowed to perform any services under this agreement.
2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years
of criminal law experience. The Public Defender may retain the assistance of other
qualified attorneys in his or her firm. At all times, the designated Public Defender
will properly supervise attorneys having less than 3 years of experience to ensure
that defendants charged in the Port Orchard Municipal Court receive competent legal
representation.
3. The Public Defender and any attorneys working under the supervision of the Public
Defender shall comply with qualifications .and training requirements in Section
9.09.070 of the City Municipal Code, including but not limited to, completion of at least
seven (7) hours of training approved by the Washington State Office of Public
Defense each calendar year.
Scope of Service
The firm awarded the contract shall be designated Public Defender for the City 's
Municipal Court, and shall be duly appointed to represent all defendants who are appointed
legal counsel by the Port Orchard Municipal Court.
The Public Defender will designate Luke Park (WSBA 41554) to be the primary
attorney assigned to perform these services. Should the designated attorney be unavailable
or exceed caseload limitations, the following attorneys will assist the designated primary
attorney: David LaCross (WSBA 31417) Maureen McKeeman(WSBA 43390) and Jacob
Murphy (WSBA 29818). Should the firm hire additional legal counsel, said counsel shall
not be authorized to appear on behalf of the Public Defender absent prior written consent
of the City.
Representation as the City's Public Defender shall include but not be limited to:
1. Attending all scheduled court appearances. In the event of vacation or illness
Public Defender is responsible for arranging coverage by another qualified
attorney.
2. Acting as stand-by counsel available in court or by videoconference hearing to
all defendants at arraignments and in -custody bail hearings;
3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and
post -disposition proceedings; and
4. Representation of criminal defendants on appeals to Superior Court when
appropriate.
5. The Public Defender shall consult with defendants prior to pretrial
hearings. Appointment as the City's Public Defender will require meetings with
defendants at the Public Defender's office or at the Kitsap County Jail. Failure
to consult with defendants prior to pretrial shall only be excused for good cause.
Examples of "good cause" include: scheduled vacation, illness, extended trials, or
when the defendant fails to cooperate with the Public Defender in scheduling a
time to consult.
6. Pursuant to CrRU 3.1(c)(1)-(2), Public Defender services shall also include
providing legal representation to persons wishing to consult with an attorney
while in the custody of the Port Orchard Police Department. The City's Public
Defender shall ensure that an attorney is available at all times (24 hours a
day) to provide legal representation, including evenings, holidays, and
weekends. The City's Public Defender shall provide the Port Orchard Police
Department with a monthly schedule of attorneys available to receive calls
during non -business hours. This schedule shall include the name of the
attorney and a designated telephone or cellular phone number. Only
attorneys who meet the experience requirements set forth above, and are
either a member of the Public Defender's firm or have received prior
written approval by the City may be included in the above -described
schedule.
7. When a defendant exercises his or her right to trial, the City's Public
Defender shall diligently prepare for trial and ensure that the defendant
receives adequate representation. Preparation for trial shall include but not
be limited to: interviewing witnesses identified by the City Prosecutor,
interviewing witnesses identified by the defendant, review of police reports
and evidence, research legal issues, preparing a witness list on behalf of the
defendant, and consultation with the defendant.
8. Absent an agreement being entered by the City with another lawyer or law
firm, the Public Defender shall remain as the attorney of record on all cases to
which the Public Defender has been appointed until the court's jurisdiction is
terminated by the Court, unless withdrawal is permitted by the Court as
may be required by the Rules of Professional Conduct.
9. If a defendant represented by the City's Public Defender elects to appeal a
conviction to Superior Court, the Public Defender is responsible for timely
filing a Notice of Appeal to Superior Court.
10. Services do not extend to forfeiture hearings or hearings with the
Department of Licensing.
11. The City and/or Port Orchard Municipal Court will provide a space for the
Public Defender's assigned attorney to consult with clients
12. The Public Defender will cooperate with the City in any efforts to seek grant
funding; and will agree that the scope of services may be renegotiated if necessary
to fulfill conditions of grant funding.
Caseload Limits
The Public Defender shall comply with caseload and private practice limits specified in
Section
9.09.040 of the City Municipal Code. The Public Defender shall not exceed four hundred
(400) cases in any calendar period. A case is defined as the filing of a document with
the Court naming a person as a defendant or respondent, to which an attorney is
appointed in order to provide representation.
The Public Defender shall not perform services under any other similar contract which,
taken in conjunction with the services to be performed under the contract, would exceed
the case count in any calendar year. If the Public Defender is carrying a caseload
consisting of cases performed under contract with the City, as well as other criminal cases
from other jurisdictions, including a mixed caseload of felonies and misdemeanors, these
standards shall be adjusted proportionally to determine a full caseload. If the
contract or assigned counsel also maintains a private law practice, the caseload shall be
based upon the percentage of time that the lawyer devotes to public defense with the City.
Renortine
The Public Defender shall provide regular reports to t h e City Clerk. The reports
shall identify the number and type of cases assigned, attorney hours, case
disposition, the case count year-to-date, and cases which the Public Defender has
been assigned a higher case count. The Public Defender case tracking and reporting
system shall be maintained independently from client files so as to disclose no privileged
information. Reports shall be submitted on a no less than quarterly basis and shall be a
condition of payment pursuant to Section 4.
Reports shall also contain the following information:
1. The names of defendants to which each Public Defender was appointed
during the reporting period, the charges, and the associated case numbers;
2. The date of appointment;
3. The case weight assigned to the case if a case weighting system has been
approved and implemented;
4. The number of appellate level cases pending;
5. Copies of the most recent Indigent Defense Standards Certifications filed with
the Court by each Attorney providing services under this Agreement;
6. Information on Public Defender's caseload distribution;
7. Information on Public Defender's case supervision;
8. The number of pending trials and the type(s) of charges to be addressed in
each;
9. The number of substantive motions undertaken;
10. Information on the use of investigators;
11. Information on the use of expert witnesses;
12. Information on consultations with the Washington Defender Association
immigration staff or with a similar immigration expert; and
13. Information on the disposition of concluded cases.
The Public Defender shall not be required to compromise any attorney -client privilege
(RCW 5.60.060) or Client Confidentiality (RPC 1.6) when providing these reports.
However, to the extent that it is necessary for the effective management and
monitoring of this Agreement, it is understood that either a City staff member our an
outside consultant may be assigned as a Public Defense Assessor, and that such
individual is intended to be part of the confidential relationship with the Public
Defender and the clients it represents. The Public Defense Assessor's
communications with the City in relation to the monitoring and reporting obligations
of this Agreement shall comply with the requirements of the Rules of Professional
Conduct, including RPC 1.6.