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033-15 - LaCross & Murphy, PLLC - Contract
Contract No. 033-15 CITY OF PORT ORCHARD AGREEMENT FOR ATTORNEY SERVICES THIS AGREEMENT is made effective as of the I" of January, 2015, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Timothy C. Matthes Phone:360.876.4407 Fax: 360.895.9029 and Cross, LaCross & Murphy, PLLC, a limited liability corporation, organized under the laws of the State of Washington, doing business at: Cross, LaCross & Murphy, PLLC ("PUBLIC DEFENDER") 559 Bay Street Port Orchard, WA 98366 Contact: John Cross Phone:360-895-1555 Fax: 360-895-1554 for the provision of legal services to serve as designated Public Defender for the City of Port Orchard, serving the Port Orchard Municipal Court. This contract replaces and supersedes the previous contract with Public Defender dated July 9, 2010. Section 1. Purpose. The purpose of this Agreement is to ensure that the City receives professional services from the Attorney in an effective, timely and cost efficient manner while ensuring that the Attorney is appropriately and fairly compensated for services rendered. Section 2. Scope of Service. A. Public Defender shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A," in full compliance with Port Orchard Municipal Code Chapter 9.09, Public Defense Services, the Washington State Supreme Court Standards for Indigent Defense (CrLJ 3.1 Standards), and the Washington State Bar Association Standards for Indigent Services, requirements of which are incorporated into this Agreement by reference as if fully set forth herein. The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. City of Port Orchard Name of Contract 1�5' Professional Service Agreement Contract No. .- .L4- Rev 12/30/2014 1of15 B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. C. As set forth in Exhibit A, the Public Defender shall provide the City with reports and documents related to this Agreement. D. Within thirty (30) days of receiving notice of award of this Agreement and on an annual basis thereafter, Public Defender shall submit the Public Defender Certification Form, which is attached hereto as Exhibit B, to the City Cleric attesting that the Public Defender and any other attorneys who perform services for the City comply with all of the standards identified in Section 1(A) above, and requirements of this Agreement. Section 3. Schedule of Work/Term. A. The term of this Agreement shall be for two (2) years, PROVIDED, HOWEVER, that absent an agreement being entered by the City with another lawyer or law firm, the Public Defender shall remain as 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. Such representation shall continue beyond the term of this Agreement and all provisions of this Agreement shall continue to apply to services performed. B. The Agreement will be automatically renewed for two-year periods without action being taken by either party, unless terminated or suspended as provided in Section 6 herein. Section 4. Compensation. Compensation for these services shall be as set forth in Exhibit C, attached hereto and incorporated herein by this reference. Although payment is made at a flat monthly rate, it is understood by all parties that compensation shall be for all services rendered and all appointments made by the court in each calendar month. Upon acceptance of payment, the Public Defender will be deemed fully compensated for representation on cases appointed during the calendar month, and shall be obligated to complete his/her duties to each client under the Scope of Work (Exhibit A), so long as the Public Defender is attorney of record, without additional compensation. Section 5. Independent Contractor Status. It is expressly understood and agreed that Public Defender, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of the City. No agent, employee or representative of the Public Defender shall be or shall be deemed to be the employee, agent or representative of the City of Port Orchard Name of Contract 1 �j Professional Service Agreement Contract No. -tzf Rev 12/30/2014 2of15 City. The parties agree that the Public Defender has the ability to control and direct the performance and details of his work, the City being interested only in the results obtained. None of the benefits provided by the City to its employees including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents or representatives of the Public Defender. The Public Defender will be solely and entirely responsible for its acts and for the acts of its agents, employees and representatives during the performance of this Agreement. Section 6. Billings. A. Public Defender shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid within sixty (60) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Public Defender of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. Public Defender shall keep cost records and accounting pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Public Defender shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Public Defender's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Public Defender under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. Section 7. Discrimination and Compliance with Laws A. Public Defender agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. The Public Defender agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Public Defender's business, equipment and personnel engaged in activities covered by this Agreement or accruing out of the performance of such activities. City of Port Orchard Name of Contract Professional Service Agreement Contract No. Rev 12/30/2014 3of15 C. Public Defender shall obtain a City of Port Orchard business license prior to commencing services under this Agreement, or within thirty (30) days of notice of award of the Agreement to the Public Defender, whichever occurs first. D. Under no circumstances will Public Defender transport by vehicle, or any other mode of transportation, any persons he/she represents as Public Defender, under the terms of this Agreement. Should Public Defender transport any person in violation of this provision, Public Defender assumes all risk and liability and shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorneys' fees and costs, arising out of or resulting from the transport of such persons. This section shall survive expiration of this Agreement. E. Violation of this Paragraph 7 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. Section 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by either party with or without cause by providing one -hundred twenty (120) days' written notice to the other party at the addresses set forth in Section 15. B. Termination with cause. The Agreement may be terminated for "good cause." Good cause shall include the failure of the Public Defender to render adequate representation to clients, the willful disregard of the rights and best interests of the client, and the willful disregard of the applicable standards described herein. Termination may also occur for violation of the express terms of this Agreement, provided that the Public Defender shall be provided reasonable opportunity, following notice, to cure any technical violations of this Agreement that do not impair the provision of quality representation to the indigent client. C. Rights Upon Termination. 1. Without or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material of Public Defender prepared pursuant to this Agreement shall be submitted to City, and Public Defender shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Public Defender shall not be entitled to any reallocation of cost, profit or overhead. Public Defender shall not in any event be entitled to anticipated profit on work not performed because of such termination. Public Defender shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. City of Port Orchard Name of Contract Qom- l Professional Service Agreement Contract No. 1441- Rev 12/30/2014 4of15 2. Default. If the Agreement is terminated for default, the Public Defender shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coining due to the Public Defender. The Public Defender shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Public Defender's reasonable expenses, and shall be subject to verification. The Public Defender shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Public Defender in person, termination shall be effective immediately upon the Public Defender's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Public Defender in writing upon one week's advance notice to Public Defender. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Public Defender at the address set forth in Section 15 herein. F. If, within sixty (60) days of commencing the services contemplated in this Agreement, the City is not satisfied with the work performance of the person assigned by the Public Defender to perform services, the City may terminate this Agreement by providing thirty (30) days' written notice to the Public Defender. Section 9. Standard of Care. Public Defender represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Public Defender under this agreement will be performed in a mamier consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. Section 10. Ownership of Work Product. All data, materials, reports, memoranda and other documents developed under this Agreement, whether finished or not, shall become the property of the City and shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to Section 8 above, all finished or unfinished documents, reports or other material or work of Public Defender prepared pursuant to this Agreement shall be submitted to the City. The City agrees that if it uses documents prepared by Public Defender for City of Port Orchard Name of Contract Professional Service Agreement Contract No. U I-Vr Rev 12/30/2014 5of15 purposes other than those intended in this Agreement, that it does so at its sole risk and it agrees to hold Public Defender harmless therefore. Section 11. Performance of Agreement at the Public Defender's Risk. The Public Defender shall take all precautions necessary and shall be responsible for the safety of its employees and agents in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Public Defender's own risk, and the Public Defender shall be responsible for any loss or damage to computers, equipment, or other articles used or held by the Public Defender for use in connection with this Agreement. Section 12. Indemnification. The Public Defender shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Public Defender, its employees or agents in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PUBLIC DEFENDER'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. THE PUBLIC DEFENDER'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY CLAIMS BY THE PUBLIC DEFENDER'S EMPLOYEES DIRECTLY AGAINST THE PUBLIC DEFENDER. Section 13. Insurance. The Public Defender shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Public Defender, its agents, representatives, or employees. A. Minimum Scope of Insurance Public Defender shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. City of Port Orchard Name of Contract 03�3-1 s Professional Service Agreement Contract No. r1-I' Rev 12/30/2014 6of15 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Public Defender's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability malpractice insurance (see below). B. Minimum Amounts of Insurance Public Defender shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease - Policy Limit $1,000,000. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Public Defender's insurance coverage shall be primary insurance as respect 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. 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. 3. The City will not waive its right to subrogation against the Public Defender. The Public Defenders insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Public Defender's City of Port Orchard Name of Contract 03'3• t 5 Professional Service Agreement Contract No. r I< Rev 12/30/2014 7of15 insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Public Defender shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Public Defender before commencement of the work. Section 14. Assigning or Subcontracting. Public Defender shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. Section 15. Notice. Any notices required to be given by the City to Public Defender or by Public Defender to the City shall be in writing and delivered to the parties at the following addresses: Brandy Rinearson, City Cleric City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-4407 Fax: 360-895-9029 Cross, LaCross & Murphy, LLC. Attn: Jolui Cross 559 Bay Street Port Orchard, WA 98366 Phone: 360-895-1555 Section 16. Resolution of Disputes and Governing A. If any dispute arises between the City and the Public Defender under any of the provisions of this Agreement, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. City of Port Orchard Name of Contract D-D3,.1Z5 Professional Service Agreement Contract No. I+lr- Rev 12/30/2014 8of15 B. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. Section 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Public Defender. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E. Conflict of Interest. Public Defender warrants and covenants that Public Defender presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local or federal law or any rule of professional conduct. In the event that any conflict of interest should nevertheless hereinafter arise, Public Defender shall promptly notify the City of the existence of such conflict of interest. F. Time is of the Essence. Public Defender agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. City of Port Orchard Name of Contract O-�O_ 15 Professional Service Agreement Contract No. Rev 12/30/2014 9of15 G. Confidentiality. Public Defender agrees to maintain in confidence and not disclose to any person, association, or business, without prior written consent of the City, any secret, confidential information, knowledge or data relating to the products, process or operation of the City and/or any of its departments and divisions. Public Defender further agrees to maintain in confidence and not disclose to any person, association, or business any data, information or material developed or obtained by Public Defender during the term of this Agreement. The covenants contained in this paragraph shall survive the termination of this Agreement for whatever cause. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By: 0 L.L. Cro Timothy . Matthes Managing Member of Cross, Mayor 1 Cross & Murphy, PLLC Date: I �� Date: Attest: By: n O °ORATE•°� Brandy Rinearson, City Clerk =0 o • APPROVED AS TO FORM:- J� * opTEMe Cb�``� rZIA By: Jim Kelly Interim City Attorney City of Port Orchard Attorney Services Professional Service Agreement Contract No. C033-15 Rev 12/30/2014 10 of 15 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: Laura Schulman (WSBA 45924) 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 arraigmnents and in -custody bail hearings; 3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post - disposition proceedings; and City of Port Orchard Name of Contract Professional Service Agreement Contract No. Rev 12/30/2014 11 of 15 4. Representation of criminal defendants on appeals to Superior Court when appropriate. 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 CrRLJ 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. City of Port Orchard Name of Contract Professional Service Agreement Contract No. © 1_4 - Rev 12/30/2014 12 of 15 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. The Public Defender shall provide monthly reports to the Court Administrator. The report 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. City of Port Orchard Name of Contract Professional Service Agreement Contract No. -+4," Rev 12/30/2014 13of15 EXHIBIT B PUBLIC DEFENDER CERTIFICATION FORM' MUNICIPAL COURT FOR CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: [NAME], [WSBA#] FOR THE: [ 1 sT'2ND, 3 RDA 4TH] CALENDAR QUARTER OF [YEAR] The undersigned attorney hereby certifies: Administrative Filing CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CRRLJ 3.1 1. Approximately % of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that : a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. Signature, WSBA# Date 1 Washington State Supreme Court Standards for Indigent Defense (CrRLJ 3.1 Standards) Separate Certification Form City of Port Orchard Name of Contract ba Professional Service Agreement Contract No. Rev 12/30/2014 14 of 15 MUNICIPAL COURT OF WASHINGTON FOR THE CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: J G Ci✓ h \Y\ # FOR: 2015 The undersigned attorney hereby certifies: Administrative Filing Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/JuCR 9.2 1. Approximately 2 S % of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d, Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases, [Effective October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads: I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific qualifications in Standard 14.2 Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. [Effective 1, 2013] ljG- �' Signature, WSBA # $� s,, 5 / ("; LoiS-- Date Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/JuCR.9.2 (Rev. 10-1-2013) 19A MUNICIPAL COURT OF WASHINGTON FOR THE CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: FOR: 2015 The undersigned attorney hereby certifies: Administrative Filing Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/JuCR 9,2 1. Approximately % of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifications; I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads; I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] e. Case Specific Qualifications; I am familiar with the specific qualifications in Standard 14.2 Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. [Effective 1, 20131 Signature, WSBA # Date Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/JuCR.9.2 (Rev. 10-1-2013) IL J3 MUNICIPAL COURT OF WASHINGTON FOR THE CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: �3�4tI FOR: 2015 The undersigned attorney hereby certifies: Administrative Filing Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/JuCR 9.2 1. Approximately 9,/2 % of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific qualifications in Standard 14.2 Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. [Effective 1, 2013] Signature, W B # JzY/ > Date Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/3uCR.9.2 (Rev. 10-1-2013) I- ! C EXHIBIT C — COMPENSATION 1. Compensation shall be paid to Public Defender at a flat rate of $9,500.00 per month for all services performed by Public Defender. The City will reimburse the Public Defender for the following costs when prior written approval has been given by the Port Orchard Municipal Court Judge for the expenditure of public funds: costs for hiring an investigator, filing fees for Appeals, and costs for verbatim transcripts. All administrative costs, including but not limited to: copies, travel time, mileage, facsimiles, legal research, equipment, etc. shall be born by the Public Defender. Any costs not otherwise detailed in this agreement shall be considered administrative costs unless the parties otherwise agree in writing. 3. The Public Defender shall be paid a flat $1,000 for RALJ appeals filed in Superior Court. 4. In the event that the Port Orchard Municipal Court adds additional calendars (i.e. pretrial hearings, in -custody arraigmments, probation violations, video arraignments, compliance hearings, status hearings) such that it results in an overall 25% increase above the current average of 20 hours per week that the Public Defender spends in court for aforementioned calendars then either party can, in good faith, request that this contract be renegotiated. Annual compensation shall automatically be adjusted based upon the Consumer Price Index -All Urban Consumers Seattle -Tacoma -Bremerton Area as published by the United States Department of Labor's Bureau of Labor Statistics (or the successor to such index or if no successor then in any generally accepted index showing the inflation rate, if any, for the United States as a whole)(1982-84 equals 100) for the last month that statistics are published prior to the effective date of the contract. However the annual adjustment shall not exceed 5% or be less than 2% unless otherwise specifically negotiated between the parties. City of Port Orchard Name of Contract Professional Service Agreement Contract No. Rev 12/30/2014 15 of 15