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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: on Cates.City ttorney °UO�`P O RA TF`OO ern; s � T;rvl B TF 0F 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.