HomeMy WebLinkAboutWA ST Department of Transportation - Reimbursable Agr. for State Materials Lab Engineering and Testing Services Entity Name �~ qgreement number
City of Pasco GCB 3778
Reimbursable Enfity Billing Address
525 N 3"�Avenue
Agreement for Pasco, WA 99301
State �aterials Contact Name Contact Phone and Email
Lab Engineering KentMcCue s�_�,24
McCueK�Pasco-WA.Gov
and/or Testing
Services Federal Tax ID# �t neement Title
sw000�i64o o Mats Lab Servicss
Description of Wo�lc
Upon request by the City of Pasco, WSDOT will provide materials fabrication, testing and
inspection; asphalt mix design and verification; preparation of"Record of Materialsa
documents; test drilling; and other engineering/geologic/testing services,
This AGREEMENT is made and entered into by and between the Washington State
Department of Transportation, hereinafter"WSDOT�°and the above-named entity, hereinafter
the"ENTIl'Y."
Where-as, WSDOT provides engineering and/or testing services to ensure that materials proposed to
be used within WSDOT highway right af way comply with applicable WSDOT standards�or to
determine whether existing state highwray infrastructure can withstand impac�s from proposed actians
(may not apply to Local�gencies), and
Whereas,the ENTITY has requested WSDOT pertorm certain materiats engineering and/or testing
senrices as described above in the Description of Work above ar as attad�ed as Exhibit A(hereinafter
"Work"), and
Whereas, WSDQT has the necessary pe�sonnel and equiprnent available and is willing to pertorm
the Woric, subject ta the terms and conditions herein.
NOW,THEREFORE, pursuant to RCW 47.01.260 and/or Chapter 39.34 RCW,the above recitals that
are incorporated herein as if set forth below, and in consideration of the terms,conditions, provisions,
and Exhibits which are attached hereto and by this reference made a part of this Agreement, iT IS
HEREBY AGREED AS FOLLOWS:
1. SCOPE OF WORK
1.1 The term"VNork,"as used herein, indudes any and ali work by WSDOT in its perFonnance of the
engineering andlor testing services specified in the"Description of Work,"above or as in Exhibit A
hereto attached. Subject to the terms and condidons hereln,WSDOT agrees to perform the Work using
WSDOT labor,equipment, and materials.
GCB 3778 Page 1 of 4
2.TERM OF AGREEMEfdT
2.1 Check one of the following as applicable to ti�is Agreement:
❑ The term af this Agreement, is praject specffic and shaH begin upon the date af execuYion by
both Parties and shall remain in effect until WSDOT has compieted the Work detailed above or
in Exhibit A; OR shouid the ENTITY tem�inate this Agreement pursuant to Section 4, this
Agreement shall terminate when the ENTITY has made full paymen#for all WSDOT-incurred
costs up to the date of termination.The estimated end date shall be: �ocxx�ocxx.
� The term of this Agreement shafl begin upon the date of execution by both Parties and shall
remain in effect fur ten (1p)years, subject to renewal by the Parties. This Agreement may be
tenninated pursuant to Section 4. In the event of terminatian, this�qreement shall terminate
when the ENTITY has made full payment far all WSD�T-incurred costs up to the date of
termination. Exhibit A does not apply to this selection and further references within this
agreement are not applicable.
3. RAYMENT
3.1 A cost estimate for the Work is detailed in Exhibit B. WSDOT wil!invoice the ENTfTY monthly for
the actual direct and related indirect costs incurred by WSDOT in the performance of the Work
completed during the previous month. These cost include but may not be limited to, labor, material,
tra�el, and equipment.
3.2 The ENTITY agrees to reimburse the WSDOT for the actual direct and related indirect costs for
the Work within thirty(30)calendar days of receipt of a WSDOT invoice. The ENTITY agrees further
that if payment is not made to the WSD�T as herein agreed, WSDOT may charge late fees, interest
or refer the debt to a collection agency, all in accardance with Washington State Law.
3.3 The Parties agree that any estimated costs for the Wark may be exceeded by up to finrenty�ive
percent(25%)before an amendment to this Agreement is required. Once the casts reach fhe estimate
in Exhibit B plus the 25% overrun allowance, WSDOT shall stop all Work until an amendment has been
executed increasing the maximum dollar amount payable under this Agreement, or a decision is
reached to terminate this�qreement.
4.TERMfNATION
4.1 Either Party may terminate this Agreement upan thirty(30)calendar days written notice to the other
Party. If this Agreement is terminated by either Party priar to completion of the Work specified herein,
the ENTITY agrees to and shall reimburse WSDOT for al!actuai direct and related indirect expenses
and costs incurred up to the date af termination associated with the Work.
5. MODIFICATIONS
5.1 This�4greement may be amended by the mutual agreement of the Parties. Such amendments or
modification shall not be binding unless they are in writing and signed by persons autharized to bind
each Party.
6.RECORDS
6.1 All records for performance of the Work, including labor, material,travel, and equipment records in
GCB 3778 Page 2 of 4
support of all WSDOT costs shall be maintained by WSDOT for a periad of six(6)years from the date
of termination af this�greement. The ENTITY shall have fuii access to and right to examine said
records during normal business hours and as often as it deems necessary, and should the ENTITY
require copies of any records, it agrees to pay the costs thereof. The Parties agree that the work
perFarmed herein is suhject to audit by ei#her or both Parties and/or their designated representatives
and/ar state and federal gavernment
7. DISPUTES AND VEN41E
7.1 The Parties shall work colfaboratively to resolve disputes and issues arising out of, or related to,
this Agreement. Disagreements shall be resolvecf prompNy and at the lawest level of hierarchy. To this
end,fo!lowing the dispute resolution process shown betow shall be a prerequisite-to the filing of
litigation cancerning any dispute between the Parties:
A. The representatives for each Party shall use their best efforts to resolve disputes and
issues arising out of or related to this Agreement. The representatives shall communicate
regularly ta discuss the status of the tasks to be pertormed hereunder and to resolve any disputes
or issues related to the successful performance of this Agreement. The representatives shall
caoperate in providing staff suppart to facilitate the performance of this Agreement and the
resolution of any disputes or issues arising during the term of this Agreement.
B. A Party's representative shall notify the other Party in writing of any dispute or issue that
the representative believes may require formal resolution according to Section 7.9 D.The
representatives shall meet within flve (5}working days of receiving the written notice and attempt
to resalve the dispute.
C. In the event the representatives cannot resolve the dispute or issue,the ENTITY, and
WSDOT's Region Administra#or, or their respective designees, shall meet and engage in good
faith negotiations to resalve the dispute.
D. In the event the ENTITY and WSDOT's Headquart�rs Administrator, or their respective
designees, cannot resolve the dispute or issue, the ENTITY and WSDOT shall each appoint a
member to a Dispute Board. These two members shall then select a third member not affiliated
with either Party. The three-member board shall conduct a dispute resolutian hearing that shall be
informal and unrecorded. All expenses for the third member of the Dispute Board shal! be shared
equally by both Parties; however, each Party shall be responsible for its own costs and fees.
8. VENUE AND ATTORNEY FEES
8.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligatian under#his Agreement, the Partles hereto agree that any such action or
proceedings shall be brought in a court of competent jurisdiction situated in Thurston CouMy,
Washington. Each Party further agrees that it shall be solely responsible for the payment of its attomey
fees and costs.
9. INDEMNIFICATION
9.1 The Parties shall pratect, defend, indemnify, and hold harmless each other and their employees
andlor authorized agerrts,while acting within the scope of their employment as such, from any and ali
costs, claims,judgments, and/or awards of damages (both to persans and/or property), arising out of,
ar in any way resulting from, each Party's obli�ations to be performed pursuant to the provisions of this
GCB 3778 Page 3 of 4
Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if
the claim, suitf or actian for injuries, death, or damages (both to persons and/or property)is caused by
the negligence of the other Party; p�ovided that� if such claims, suits,or actions result from the
concurrerrt negligence of(a)the WSDOT, its employees and/or authorized agents and(b)the ENTITY,
its employees or authorized agenfs, or involves those actions covered by RCW 424.115, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of the negligence of each
Party, its employees and/or authorized agents. The Parties agree that their obligations under this
section extend ta any claim, demand, andlor cause of action brought by,or on behalf of, any of their
officers, officials, employees or agents. For this purpose only, the Parties� by mutual negotiation,
hereby waive, with respect to each other only, any immunity that would otherwise be available against
such claims under the tndustrial Insurance provisions of Title 51 RCW.
9.2 The terms of this Section shall survive termination of this Agreement.
10. LEGAL RELATIONS
10.1 WSDOT's relation ta the ENTITY shalf be at all times as an independent contractar. Further,
WSDOT shall perfarm the Work as provided under this Agreement sotely for the benefit of the ENTITY
and not for any third party.
11.SEVERABILITY
11.1 If any te►ms or provisions of this�yreement are determined to be invalid, suc�invalid term or
provision shall not affect or impair the remainder of the Agreement,but such remainder shall remain in
full force and efFect to the same extent as though the invalid term or provisions were not contained in
the qgreement.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the Party's date last
signed betow.
-_ ____-- _ . __ - ---_ _ -
ENTITY Washington State
De �rtment of Trans ortation
By' ." By� Joe ScG�rrt
Prin ed: Printed:
', ,���j� ��7��� Joe Schmit
Title: � Titie:
,, ���c r1 Business Manager
Qate: lo �� f 2 2 Date: 10/31/2022
1
T A roved As To Fo�m on behalf of WSDOT
!s!Gu Bowman �
Date: Jul 8,2021
GCB 3778 Page 4 of 4
v �.
AGREEMENT FOR INDIGENT CRINIINAL DEFENSE
PERSONAL SERVICES AGREEMENT
WHEREAS, the City af Fasco, Washingtnn (hereina$er "City"} provides indigent
defense services to individuals who have been certifred for regresentation in criminal charges
hefore t�e Pasco Municipat Court{here;nafter"Municipal Court"); ar�d
WHEREAS, Michael Anthoni Nguyen (hereinai�er "Attomey") is a licensed attorney in
good standing in t6e Statc of Washington who has been selected to perform services to indigent
defense clients under contract with t}�e City; and
WHEREAS, the City has adopted the Standards for Pub�ic Defense ("Standards")
purs�ant to the requirements of RCW l0.1U1.030. NOW,TI-iEREFORE,
IN CONSIDERA'I'ION OF TSE 1VIUTUAL COVENANTS CONTAINED HEREYN,
it is agreed as follows:
1. Sco e of Services Staudards and Warran .
1.1 The Attarney will be avai'la6'�e an� pmvide on-call indi�eat def�
serv�c.es on a mtatianal basis fpr a �eriad of timc �a be datcrmin�d b�, t1�� ���
Defense Contrac�t A.��nia�s�ator, as necessary to fulfill the Standards in his/her case
appoinimants in accordance with the Standazds far Indigent DefenSe and Certification
and Compliance as approved by the Washington Supremc Court by ets Order of
September 7, 2012, faund at CrRL) 3.1, and as may thereafter be amended, including
required consnitation wiEh incarccrated and nan-incarcerated defendants.
I.2 The Aitarney will be avai�able a�d prqvi�e indigent�cfense serviEces for
� aPAoi�tments in accordance with the SEandards far Indigent Defense and
Certificafiion and Com�liance as appraved by t}xe Washington Supreme Co�xrt by its
Order of September 7, 20I2, fnund at CrRLJ 3.1, and as �nay thereaftcr be amended,
including required consultation with incarceratcd and non-incarcerated defendants.
1.3 The Attorney warrants t�ai �elshe is and during the te�m af tbis
Agreement,quaii�ed to provide indigent criminal defense as defined by Standard 14; at�d
f�rthei'warrants that helshe and every attom�y��ar intem esnployed by the Attorncy to
perForm services under this Agreement has read aqc� is fitlly familiar with the pro�lfl�
of the Washington Sapreme Caurt Rules and EIZe Standards, �ncluding the q�alifications
pravided in Standazd 24, as adopted by �he City; and Wilbur vs. City of 1l�aurrt Yernon,
No. CL-1100RSL (December 2033).
1.4 C�liance with these $tandards goes to the. essence af this Agreem�nt
The Attomey, and every attorney performing services ander this Agrcement, shall certify
Agreement for Indigent Crimiaal Defense- �
� �.
compliance quarterly with the Ma.u�icipal Court on the form established far that purpose
6y CrRJ 3.1.
1.5 'The �f:toxney v�rill collect �d main#ain aata and r�port to t�e City's
Inaigent Defense Contract Administratar without violaring client pr�vileged
comtnunicaEions, as follaws:
2.5.1 Mant�ly repart the number of cases assigned during the period and
the tisne spent on each case;
1.5.2 Monthly report the dispositian of cases assigned, indica�ng #he
number of cases dismissed, tI�e number of cases in which charges were reduced,
the number nf cases tried (bench versus jury trials), and the mtmber of cases
disposed of by plea;
1.5.3 Monthly report the number of cases in which a motion was
brought;
1.5.4 Monthly report the number of cases in which an investigator,
interpreter, or other outside assistance,was utilized;
I.5.5 Mnnthly regart the number of cases which wcre set for trial but for
w�ic�t the defeadant failed to appear; and
1.5.6 Annually report the number an� typ� of all outsidc cases that gre
not pursuant to this Agreement, that are taken by Attorney and by any attomey
�erforming sesvices under this Agrcement.
�.5 At#arneys w�o provi�e ptsblic defeuse services must limit their
refiain�d vn'ark ss not ta exceed the casc limits as required by the Standards. ��y
l.7 The At�arney furtE�er waxraats. that al!
administrative services, com uterized le ���' ���°rt'
P gal r�s�arch and systems a�ss�xy to comply
with the Standards, is avai�ab�c tn the Attomey, and will fi�rther notify the City
im�me�ately if he/st�e is t�aable,or fails, to meet the req�ired Standards,
1.8 The Attorney ag�es to and s�al! r�present�la 1 persans w�om �ttorney�
a�_poiated to represent h�reunder with the sa�rie skiil and commitment as Attorney
exercises and expends when representing persons on a private and/or retained-fee basis.
Withont li�nitation in that reg��, $uch represeatatian s�ould include the investigation of
the underlying fact�, the reseazch of all relevant Iaw, interviewing of potential witnesses,
re{Nesting and use af investigators and/nr experts when warranted and necessary, review
of poteatial im�nigration or civil cammitment cansequences, and the preparation for and
appearance on behalf af the cli�r�t in aIl hearings, motians, trials, sentencing, contempt
Agreement for Indigcnt Crimanal Dcfense-2
� �
proceedings. Potential ipntnigratian Conseq�ences assistance is available from the
Washington Defenders Association's Immigration Project The conrt shaIl remove the
Attorney as the Attorney of Recard nincty {90) days aftcr: (1) plea of guilty; (2) finding
of guilty; or (3} entry of a Deferred Prosecut�on, Stipulated Orcter of Coatinuance pr
Defetred Sentence. During the niflety (90) days post-convictian or entry af a Deferred
Prosccution, Stipulated Order of Cot�tinuance or Deferred Senteace,the Attomey shall be
respansible for assisting his/her client ir� motions to modify ja�l, work crew or l�orne
manitoring sentence. If a cEient wishes to file an appeal, the Attorney shall prepare and
file any and all pleadings necessary a.nd appropriate to perfect any appeal or stat�atory wri#
ta a higher caurt, including the fili�g request fur indigent public counsel.
1.9 The Attarne.y agr�es to meet with�n�ssigned e�ient t�o�iscvss his/her case
as soon as reasonabl�r p�ssi'�le fo`Ilcywing Attorn�y's app�mtineat to the case. When
Attarney is appoi�ted to an "in custa�y�� case (i.e., a case in which the person is
confined/incarcerated}, Attomey shauld use his/her best efforts to me�t within t)tree�3)
bnsiness d�ys af Attorney receiving t�ie �rpnin#�ent, or sooner if the circumstances of a
particular case reasanab�y require that Attorney make earlier initial contact with the
person.
I.i 0 The Attomey agre�es to mainisin �reasonabfy aPP��ia�tc ca�c#f
C4mmu�cab�wit6 assigned clients so as to keep them fully apprised as to the status of
their case (with the specific manner and frequency of such contacticotnmunic�tioas [eft
entireiy to Attomey's paofessional judgement}; and Attorney should use hi�her bes�
��a�� � �appr�se the clisnt o� .any nev,, dcvelopment ia their case w�t� three. (3)
business �ays of Attornay leaming o�sueh developmcnt (unless the cirewnstances of a
particular case reasonably require that Attomey ��� ���f �o��� �� �e person).
Without limiting any of tbe foregoing provisions af this Section, witlt regard to any Cour�
hearing involving a client, Attomey sE�ould contact such client to discuss the case and the
purpose of the hearing na later than one (1} business day prior to the hearing date,
Attorney shatl compile and rnaintain appropriate case records for eacl� person whom
Attomey is appaintcd to represent hereunder. The manner of storage, �he pornon ar
portions of case recards that must bc stored, and the reqtiired period of storage, s�alI
comply wit}� any and all applica�le Ru1e of Profesaior�al Conduc�, Wash�ngtan �t�te Bar
Ethics Opinion,case law, and court rule,
� I.11 Th�Attomey agr�es ta reasonable use o�the City's ct��act�d Spanish
�e#�r to communicate with Spanish speaidng c[ients priar to hearings and tr�als.
I.1� The Attorney agrees ta meke the san�e ccrtific�rion repc�rf�ng�s yg�q�
in.Se�tion 1.3,to the Indigent Defense Contract Ad�ninistrator. Qnarterly Certification of
compliance with Standards required by CrR.T 3.1{d}{4).
1.i 3 The A#tn�teY a�� fo provic�e to the Court and to the I�digent D�ease
C°�� A�stistor withiu five {S� �ys of signing this Agreement, and to also
Agreement for Indigent Cr�minal Dcfense-3
-Y- �
provide to each n�w ciient upon case assignment, a Letber o#'�tra�ction tbat identifies
Attorney's weekly open affice hours and phoae hours. Further, the Attorney agrecs to
reserve time soIely to mect witf� clients under this Agre�t�e�t far a minimtun of four(4)
haurs each week and agrees to specify those hours o� said Letter af Introductian. Upon
any change in office or phone hours, Attomey shall provide an update to the Court, tlie
Indigent De�'e�se Contract Admiaistrator, and a11 active clients, within thirty (30) days of
said change.
t.i 4 The �ttorne3' �� �, an� shall ta�ke, �1� cslls by a person aa�stetl,
��8e�, an��n-custQdy for misdc�eano�ce�m�nai 7aw vial�on�s�chazged by the City of
Pasco d�ring the At#orney's rotational month(s), The At#���y's rotational month{s}shall
be assigned by the Indigent Defense Contract Adrainistrator.
2. Comueqsadon.
2.1 The City shall pay ta the Attorney an a mantbly basis, far services
rendered under this Agree�nent, two hundred and fourty dollars ($Z40,Qp) � � �
dsfined in Section 2.2. In addition, to the per ease payment, Attorney shall receive three
huridred dollars {$300.00} per day for eac6 day of trial. Trial does not includc pre-trial
mot�ons, sepa�ate sentencing proceedings, or time waiEirig for diSpositipn.
The City sE�all pay ta the Attomey, �n a monthly basis, in additian to t6e above
campensation, for services rendered under thas agreement, Tfiree Hnndred Dollars and
00/100 ($340.04) for the Attor�ey's rntational on-call month. It is understaod by the
parties that the anticipated call volume per inonth st�ould approximate five {S) calls, and
in the event call vol�ne exceeds sevan (7) cal[s per month, this compensation amount
may be mod'efied by subsequent written agreement signed by both parties.
Payments shall be calculated and made on a monthly basis, payable only after
City receives and approves invoice from Attomey, who shalI submit invoice for each
month after the last ciay af said month. Payment sball be made nat later than thirty (3p)
days after the receipt of invaice, subject to appraval afinvoice by City.
2•� Cgse Co�nts. For the purpasc of this Agreement, a"case" is cfefined as t�e
filing af a document with the Court naming a person as a def�ndant or respondent to
w6ich an attorney is ap�ointed in order to provide representatioq. Included as a single
case are multiple citaEians arising out of or related to the same incidet�t or eve�t oect�rring
on not more than two separate dates as detennined by the Court at the time of
appointrneat, and on amend��n� to such charges including contempt of Coiu�t �r b�iZ
jumping far fail�re to appear for trial or hearings. If the appointed attorney is removed
froFn the case because of a canflict of interest, then this case wi�l not count as a case for
thc plll�]U5C5 of a Case Count. For the purpose of this A eemen
seatencing modification requests by the defendant within nine�,{90) days of sent nciug
sha�l nat be cat�ted as ari additiona� case. TI�e maximut� cases for which defense
Agreement far Indigent CrimiAal Defensc-4
v �1
services sl�all be provided during any 12_month peripd during��te�fl���s Agreement
shall be 30D cases as caicnlated and certified by the Attorney in accordance with the
Standards. Under no circumstance sha�l caseload exceed 400 cases in any given 12-
month period, nor at any time shall Attorney ar ariy a�tomey perform�ng se�yices under
this Agreement manage a caselaad, including cases assigned pursuant to this Agreement
and taken outside of this Agreement, in excess of the limits set by t4�c Standards ar by
other applicable law. Upon adoption of a case weigh4ing criteria by the Suprerne Caurt,
P�suant to Standard 3.5, thc City reserves the right to revise the case couat to tnaximum
cascs permitted under such scheduic as approved by the Supreme Court and adopted by
the City,which adoption shall not affect the terms of thes Agreement.
2•3 Base Compensation. Exccpt as expressly provided ir� 5ec#ion 2.5 belaw,
Attorneys sha�l be responsibte for �aying a1l adtninistrative expenses of their office or
firm. Such adm�nistrative expcnses may include but nat l�mited to law libraries, financial
accaunting, 4ega1 assistance, case maaagement systems, support staff, computers,
telepbones and telephonc services, photocopiers, the cost �f al! infrastructure
administrative, computerized legal reseazch, support and systems as well as standard
overhead services necessary to comply with the established standards is included in the
base payment provided in Sectian 2.] above.
2.4 Pa ents in Addition to the Base Com nsatinn. The City shall pay thc
fallowing casc expenses vUben rea�ot3ably encurred and appraved by the Municipal Court
or Indigent Defense Contract Administrator from funds avai]able for that purpose:
2.4.I Discoverv. Discavery shall be provided in accordance with iar,y
and Court Rule by the City Prosecutar.
2.4.2 Prcanthorized Non-Routine Ex enses. Nan-routine case expenses
requested by Attarney mast be first autharized by arder of the Municipal Caurt or
approval of the Indigent Defense Cantract Adrninistratar. Unless the services aze
performed by Al#orney's staff or subcontrac#ors,non-ro�dne expenses incZude,but
are not limited to:
(�} Medica! and psychia�ic evaluations;
{ii} ExpeR witness fees and expeases;
(iii) Interpreters far languages not commonly spoke in th� City or
interpreters for services other than attorney/client commun;cation;
(iv) Forensic and other scicntific tcsts;
(v) Investigation expenses;
Agreemcnt far Indigent Criminal Dcfense-5
� �
{vi) Sociai Workers;
(vii) Mitiga�ion Experts;
(vii) .Any pt]l0r non-rautine cxpeases the Municipal Court nr �ndigent
Defense Contract A�ministrator finds necessary ar�d proper far the investiga#ion,
preparatian, and presentation af a case.
2.4.3 La Witness Fees. Lay witness fees and mileage incurred in
bringing defense wimesses to Court, but not including salary or expenses of iaw
enforcement offcers reauired ta accompany incarcerated witaesses;
2.4.4 Records. Medical, school, birth, DMV, and othcr similaz records,
and 911 and emergency cammunication recardings and�ogs.
2.4.5 Process Service. The reasonable cost for the service of a
subpaena.
2.4.6 Private Investi ation Services. The Attorney agrees to malce all
requests for private investigation services tfl the Indigent Defense Contract
Administrator (IDCA). On appropriate cascs, the IDCA will appaint a Private
Investigator(Pn to assist the Attorney. Attarney shall provide facts on the case to
the PI so he/s�e can provide effective invesiigation services. Attor�ey shall
cooperate and cammun;cate W�th the pI. upon final disposition of the case or
�pan completion af the requested private investigati�n services whic6ever occur$
first, the Attorney sball within five (5) bejsiness day email norificatioa ,to the
IDCA and PI that no fi�rther investigakion is necessary,
2.S Rene adation Due to han e in Rule or Standard, 'I'his Agreement may
be renegotiated a� the o�tion of either party if t�e Wash�agton State S�preme Court, t�e
Was}ungton State Bar Association, or the City significan�Ey modifies tE�e Standazds far
Ind�gent Defense adopted pursuant to Co�rt Order or Ciry Resolution.
2•6 R�• In tt�e event Ehat tbe Attorney is unable to accept an assignment,
due to cnnflict or atherwise, the Attarney shall provide immediate natice to t�e Court of
the conflict and tt�� Court shall assign the case to Conflict Counsel. In the cye�t �e
Attorney is unable to accept �r perform assZgnec{ En�g��t defense cases for more than
�ivc pet�cent {S°/a) af thc assigned cases during any 22_month period, the City may
terminate this Agreemen�.
3• �'� The term of this Agreement shali be foc 12 months comm��g on the 1 st
t1�y af Jaauary �Q?.2 and ending on 31`� day af December.2022 ualess sooner termin�ed as
provided in #�,is Agreement. Unless otherwise terminated as provided bclow, this qgreement
sha�l automatic b�renewed for an additional twelve (12) month term, The terms and canditions
Agrccment for Indigcnt Criminal Defcnse-6
�- 4J
of the renewal term shall be identica[ to the ter�s and canditioas of the last ycar of the ariginal
term.
3.1 Termination for Caeise. Th�s Agreement may be ternunated by�either
party far cause for violatian of any material tenn of this Agreement. Material term sf�all
include any violation indicating a failure to provide representation in accardance with the
rules of the Court and the ethscal obligateops established by the Washing#o� g�� g�
Association; a viotation of the �ta���� violation of Section 5 relating to insarance;
convictioo of a criminal chazge; nr a finding that the license af the Attomey, or any
attomey provid'eng service ur�der this Agreement, has been suspended or revokec�, Any
violation of the other provisions of this Agreement sha�l be subject to curc. Wri�n�otice
of Agreement vinlatian shall be provided to the Attamey who shall have ten (lp)
business days to corr�ct the violaEion. Failure ta carrecE the violatiar� will give rise to
termination for cause at the City's d�scretian. In laeu of terminating this Agreement, t}le
City may agrec in writing to alternative cotrcctive measures.
3.2 Termination witho�t Cause. This Agreement may be terminated by either
part}► at any time without cause upon ninety (90} days advanced written nQtice � ��
flther party.
3.3 Obli ations Survive Terminatian. In the event of ternunation of this
Agreement,the following obligations shaEl survive and continue:
3.3.1 R reseatation. In the event this Agreement is terminated,
Attorney will continue to regresent clients on assigned cases �ntil a case is
cancluded by plea, dismissal, convictioq on the trial oourt �evel, or as otherwise
orcferec� by ihe court. Hawever, on cases that have not concluded because the
defendant has been on warrant status for ninety (90) consecutive days, t6e case
wi[1 be re-assigned to another Attomey e�pon the determinaEian that the defendant
still qualifies for indigent defense. In al1 other instances, Attorney shall continue
to represent clients unless a motian to withdra"tr and a�po�nt substitate counsel
- {acceptable to t�e Cety) is entered on each outstanding ease. Campensatian far
substitute cour�se� shall be the responsibility of the Attorney and not the City, and
the substituting attorney must agree in v�rrihng to be 6Qund by the applicable ter�ns
of this agreement prior to substitutian.
3•3•2 The provisions of Section 1 "Scope of Services, Standards and
Wa�Tanty'; and this Section 3.3 shall sunrive termination as ta the Attomey. The
City shall recnain bound by the pravisioas af Sect�on 2.5 "Paymct�ts in Addition
to the Base Compensatipb�� w,#tl� �s�ect to cases concluded after the terminanfln
of this Agreement,
4• Nondiscrimination. Neithcr the Attarney �nr any person acting on bahalf of the
Attomey, shall, by reason of race, creed, color, na�ional origin, sex, sexua! arientatian, honarably
Agceement for Indigent Critninal Dcfense-7
� tJ
discharged doctrine or mi�itary status or the presence of any sensory, mental, or physica[
disability or the use of a trained griide dog or service animal by a person with a disability,
discr�minate agait�st any person who is qualifeed arid availa6le to perform the work to which tE�e
empioyment relaEes, or in the provision of services under thes Agreement.
5• Ins�rance. Th� Attorney shall grocure aad maintain for the dw�ation of this
agreement insurance against claims for injuries to persons Qr ro e �
F P nY which may arise from or
in connection with the perforntance of work hereunder by the Attarney, ar the agents,
representatives, employees,or subcontractors af the Attorney.
5.1 Minimum Sco e of Insurance. Attomey shalt obtain insuranee of t�e
types described below:
5•I.l Commercial General Liability insurance shall be wrjtten on ISO
occurrence form CG 00 O1 and shall cover liability arising from premises,
opera�ions, independent contractors and personal injury a�� ���ms�� inj�u�y.
The City shall be namad as an insured under the Attorney's Commercial General
Liabilety insurance policy with respect to the work perfarmed for the City.
5.1.2 Workers' Compansat�on coverage as required by the Industrial
Insurance laws of the State of Washington, if required by State law.
5.1.3 Professional Liabilitjr insurance appropriate to the Attorney's
profession.
S.2 Minimum AFnounts of�nsurat�ce. Attamcy shal[ maiptain the go��oWing
ir�svrance limits:
CammerciaZ General Liability insurance shall be written �,�,�th �imits �fl
Iess than:
[3{] $1,400,000 aach occurrence;
[X] $2,000,000 general aggregate;or
� ) �each occurrence; and $�$�nera[aggregate
Professional Liability insurance shall be writt$n with limits no less than:
[J�C] $1,OU0,000 per claim;
�x] $1,000,000 policy aggregate timit; or
C � ��per claim; and$�p�r policy aggregate l�mit.
5.3 Otl�er Insurance pro�isians. 7'he insurattce policies are to contain, or be
endorsed ta contain, the fol�owing provisions for Automobile Liability, prafessional
Liabitity,and Comrnercial General Liabilety insurance:
A$rcernent for I�digent Crimina]Defcnsc-8
, �,�.
S•3-1 T}�e Attomey's insurancc caverage shall be primaty �nsur�Ce �
respect� the Cety. Any i�s�ance, self-insurance, or insurance pooI coverage
maintained by the City shal� bs excess af the Attomey's insurance and shall not
contrib�ie with it.
5.3.2 The Attomey's insurance shall be enaorsed to state thai coverage
sf�all nat be car�cel�ed by either pa.rty, excep� af}er tl��rty {30) days prior written
notice by certified mail,re�urn receipt requested,has heen given to the City.
5.4 Acce tabili af Insurers. Insurar�ce is to be placed with insurars with a
cuzrent A.M. Best rating of not less than A: yII.
5•5 Verification af Cov�ra e. Attarney shail fiunish the City wit6 ariginal
c$rtificates and a copy of the ameadatary endorsements, including but nat necessarily
limited to the additiona� insarcd endorsement, evidencing the insw�ance reqwretnents of
the Service Provider before commencement of Ehe work.
6• Wark Performed b Attorne . In addition to the responsibiiities mentianed in
Section 1 above, the Standards for Indigent Defense (SID} and CertificaEion and Compliance
approved by the Washington Supreme Cotert hy its Order of September 7, 2012 fo�d at CrRLJ
3.1, the Attamey shall enm�lete sevea (7} hours of continuing legal education within each
calendar yeaz of this Agreetnent in courses rclating to pttblic defense practice iwcl�ding, but not
limited to, consequences af the convicqon or adjudication, including possible immigration
conseyuences and a possibality of civil cammitment praceedings based upon a crimina!
caaviction; statutes, Court Rules, ConstituNonal provisiot�s, and case law retevant to pubIic
defense practice; and such other courses and study to maintain the yualification familiarity as
reqtiired under Standard 14.1. These seven ('7} hours nf coatinuing legal education shall be of
OPD-approved training in accard�nce with RCW 10.101.050. In acidition to complisnce wit[�the
Standards, in the performance of work under this Agreement, Attorncy shall comply with all
Federal, State and City laws, ordinances, rules and regulatioas which are applicable to Attarney's
business, eqnipment, and personne! engagcd in operatians covered by this Agreement or
accruing out of the performance af such operat�ons.
7. Work Performed at Attorne 's Risk, Attorney shall be responsible far the
safety of its employees, agents, and subconiractors in the performance af work heretuider, and
shall take a!1 protections reasonably aecessary for t}�at ptupase. All wark shaIl be done at the
Attorney's own risk, and the Attorney sha1l be responsibte for any �oss or damage to ma�rials,
tools, or other articles used ar held in connection with the work, Attarney shall afso pay its
emplaye�.s all wages, salaries and benefits reqvired 6y law ar�d provide for taxes, withhoiding
arid other employment related charges,taxes ar fees in accordance with iav�►a���S rcgulatians.
$. Personal ervices No Subcontractin . Tt�is Agreement has been entered into in
consideration afthe A�tomey"s part�cul�Ski;�s,qualifications,e�ericnce, and ability ta meet t�e
Agreement for Indigcnt Cricninsl Dcfensc-g
�i �
Standards incorporated in this Agrcemen� Therefore, the Attarney has personally signed this
Agreement below ta indicate that bels�e is bound by its terms. This Agresment shall not be
suboantracted without the express writ�en consent of the City aad refusal to subcantract may be
withheld at the City's sote discretion. An assi �. Y a
y gnment af this A eement b t�e pttorney wit��ut
the exPress written cansent of the City shal�be void.
g• Mfldi�caaon. No waivcr, alteration ar modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by the du[y authorized
representatives of the City and the Attorney.
10, Eattre A�reemen� The wriEten pravisions in terms of this Agreement, together
v�+ith any exhibit attached hereto, sha[1 supersede a!] prior verbal statements of any officer ar
other representative af the City, atid such statemeat(s) shall not be effective ar construed as
entering into or forming a part of, or altering in any manreer wha�soever,this Agreement.
�1• Written NoNce. A11 cammunications regarding this Agreement sha[1 be seat to
the parties at the addresses listed below, unless n�tified to the contrary. Any v�,ritten notice
herct�nder shatl �ecome eFfect�ve as of the date of mailing by registered or cert'sfied mail, and
shall be de�med sufficicntly given if sent to the addressee at the address stated in the Agreement
or such flther address as may be l�ercinafter specified in writing:
C�' Attornev:
Zach Ratkai,Director Michael Anthoni Nguyen
Administrative&Comm�nity Services fo�v N. Center ParlcwaY,
City of Pasca Kenneurfck, WA 99336
52S North 3'�Ave Michae�Nlaw@gmail.com
���z ����°Y 509-619-8897
1Z. No�awai�er of Breach. The failure of the City to insist upon strict pert'ormance
ef a�Y Qf the covenants and agreements contained herein, or to exercise any oPtion herein
conferred in one or more instances shall not be constiued to be a waiver or re[inquis�ment of
such covenan�,agreemcn�,Qr�ptions, and the sazne shall bc aztd remain in fitll force and effect.
13. Resolutions of Dis utes Govetn;n Law.
misiwderstanding or conflict arise as to the ternts ar conditions contained�en this Agreement�, the
matter shall be referred to the City Manager, whose decisio�shail be final. Any app��] ���e
decision of the City Manager shaq be resolved by arbitration �ursuant ta Cbapter 7.04A RCW,
as amended, and the Mandatory.4rbitration Rules (MAR},with both gatfies waiving the right of
a jwy trial apon tria] de navo; venue shall be pIaced in Pasco, Franklin Caur�ty� W��n�fln
Superior CourE,the laws of the State of Washington shall app�y; apd��p�evailing pariy shall be
entitled to its reasonable attomey fecs and cnst as additional awazd and judgment agaans# the
ather. Pravided, however, that any complaint regarding any violation of the Standards or which
relatc to any manner whatsoever to trial strategy or an ongoing case, shall be rcferred to the
Ageemcnt for Indigent Ctiminal Defense- l 0
���I � �
.i
dudge of the M�nicipal Court or to the Washingt�n State Bar Association as appropriate.
Nothing �erein shall be constived tn obligate, require or permit the City, its officers, agents, or
em�loyees to inquire into aziy privileged cammunication betwee� the Attorney and any indigent
defendant This Agreement shall be governed by and conshued in accordance with the laws of
#he State of Washington and the rules of the Washington Supreme Court as apg�icabEe.
IN WITNESS WHEREOF, t�e parties have executed this Agreement on the� aay
of ��(,� Q . 20�.
CITY: �C' U`S t V ATTORNEY:
Zach Ratkai,Director Michael Anthoni Nguyen
Administrative&Community Senrices
Approved as ta Form:
Kerr Ferguson Law,PLLC
City Attomey
Agreement for lndigent Crimina] Defensc- 11