HomeMy WebLinkAboutEric Scott - Indigent Defense Attorney PSA AGREEMENT FOR INDIGENT CRINIINAL DEFENSE
PERSUNAL SERVICES AGREEMENT
WHEREAS, the City of Pasco, Washington (hereinafter "City") provides indigent
defense services to individuals who have been certified for representation in criminal charges
hefore the Pasco Municipal Court(hereinafter "Municipal Court"}; and
WHEREAS, Eric Scott (hereinafter "Attorney") is a licensed attorney in good standing
in the State of Washington who has been selected to perform services to indigent defense clients
under contract with the City; and
WHEREAS, the City has adopted the Standards for Public Defense ("Standards")
pvrsuant ta the requirements of RCW lO.lOt.�30. NOW, THEREFORE,
IN CONSIDERA,TIDN OF THE MUTUAL COVENANTS CONTAINED HEREIN,
it is agreed as follows:
i. Sco�re of Services,Standards and Warran�.
1.1 The Attamey will be available and provide on-call indigent defense
services on a rotational basis for a period of tirne to be determined by the Indigent
Defense Contract Adrninistrator, as necessary to fulfill the Standards in his/her case
appointments in accordance with the Standazds for Indigent Defense and Certification
and Compliance as approved by the Washington Supreme Court by its Order of
September 7, 2012, found at CrRLJ 3.1, and as may thereafter be amended, including
required consultation with incarcerated and non-incazcerated defendants.
1.2 The Attorney will be available and provide indigent defense services for
case appointments in accordance with the Standards for Indigent Defense and
Certification and Compliance as approved by the Washington Supreme Court by its
Order of September 7, 2012, found at CrRLJ 3.1, and as may thereafter be amended,
including requited consultation with incarcerated and non-incarcerated defendants.
1.3 The Attorney warrants that he/she is and during the term of this
Agreement, qualified to provide indigent criminal defense as defined by Standard 14; and
further warrants that he/she ar►d every attomey andlor intern employed by the Attamey to
perform services under this Agreement has read and is fully familiar with the provisions
of the Washington Supreme Court Rules and the Standards, including the qualifications
provided in Standard 14, as adopted by the City; and Wilbur vs. City of Mount Vernon,
No. CL-1100RSL(December 2013}.
1.4 Compliance with these Standards goes to the essence of this Agreement.
The Attorney, and every attorney perfarming services under this Agreement, shall certify
Agreement for Indigent Criminal Defense- 1
compliance quarterly with the Municipal Court on the form established for that purpose
by CrRJ 3.1.
1.5 The Attorney will collect and maintain data and report to the City's
Indigent Defense Contract Administrator without violating client privileged
communications, as follows:
l.5.1 Monthly report the number of cases assigned during the period and
the time spent on each case;
I.5.2 Monthly report the disposition of cases assigned, indicating the
number of cases dismissed, the number of cases in which charges were reduced,
the number of cases tried (bench versus jury trials), and the number of cases
disposed af 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 in�estigator,
interpreter,or other outside assistance,was utilized;
1.5.5 Monthly report the nwnber of cases which were set for trial but for
which the defendant failed to appear; and
1.5.b Annually repart the number and type of all outside cases that are
not pursuant to this Agreement, that aze taken by Attorney and by any atto�ney
performing services under this Agreemen#.
1.6 Attorneys who provide public defense services must limit their privately
retained work as not to exceed the case limits as required by the Standards.
1.7 The Attorney further warrants that a11 infrastructure, support,
administrative services, computerized legal research and systems necessary to compiy
with the Standazds, is available to the Attorney, and will further notify the City
immediately if he/she is unable, or fails,to meet the required Standards.
1.8 The Attorney agrees to and shall represent all persons whom Attorney is
appointed to represent hereunder with the same skill and commitment as Attorney
exercises and expends when representing persons on a private and/or retained-fee basis.
Without limitation in that regard, such representation should include the investigation af
the underlying facts, the research of ail relevant law, interviewing of potential witnesses,
requesting and use of investigators andlor experts when warranted and necessary, review
of potential immigra.tion or civil commitment consequences, and the preparation for and
appearance on behalf of t�e client in all hearings, motions, trials, sentencing, contempt
Agreement for Indigent Criminal Defense-2
proceedings. Potential immigration consequences assistance is avaiiable from the
Washington Defenders Association's Immigration ProJect. The court shall remove the
Attorney as the Attorney of Record ninety (90) days after: (1) plea of guilty; {2) finding
of guilty; or (3) entry of a Deferred Prosecution, Stipulated Order of Continuance or
Deferred Sentence. During the ninety {90} days post-conviction or entry of a Deferred
Prosecution, Stipulated Order of Continuance or Deferred Sentence,the Attorney shall be
responsible for assisting his/her client in motions to modify jail, work crew or home
monitoring sentence. If a client wishes to file an appeal, the Attorney shall prepare and
file any and al!pleadings necessary and appropriate to perfect any appeal or statutory writ
to a higher court, including the filing request for indigent public counsel.
1.9 The Attomey agrees to meet with an assigned client to discuss hislher case
as soon as reasonably passible following Attomey's appointment to the case. When
Attorney is appointed to an "in custody" case (i.e., a case in which the person is
confined/incarcerated), Attarney should use his/her best efforts to meet within three (3)
business days of AtEorney receiving the appointment, or sooner if the circumstances of a
particulaz case reasonably require that Attorney make ea�rlier initia] contact with the
person.
1.10 The Attorney agrees to maintain reasonably appropriate conta.ctl
communications with assigned clients so as to keep them fully apprised as to the status of
their case (with the specific manner and frequency of such contact/communications left
entirely to Attorney's professianal judgement); and Attorney shot�ld use his/her best
efforts to apprise the client af any new development in their case within three (3)
business days of Attorney learning af such development {unless the circwnstances of a
particular case reasonably require that Attorney maice earlier contact with #he person).
Without limiting any of the foregoing provisions of this Sec#ion, with regard to any court
hearing involving a client, Attorney should contact such client to discuss the case and the
purpose of #he hearing no later than one {1} business day prior to the hearing date.
Attorney shall compile arzd maintain appropriate case records for each person whom
Attorney is appointed to represent hereunder. The manner of storage, the portion or
portions of case records that must be stored, and the required period of storage, sha11
comply with any and all applicable Rule of Professional Conduct, Washington State Bar
Ethics Opinion, case law,and court rule.
1.11 T'he Attorney agrees to reasonable use of the City's contracted Spanish
interpreter to communicate with Spanish speaking clients prior to hearings and trials.
1.12 The Attorney agrees to make the same certification reporting as is required
in Section 1.3,to the Tndigent Defense Contract Administrator. Quarterly Certification of
compliance with Standards required by CrRJ 3.1(d}(4).
1.13 The Attorney agrees to provide to the Gourt and to the Indigent Defense
Contract Administrator within five (5) days of signing this Agreement, and to also
Agreement for Indigent Criminal Defense-3
provide to each new client upon case assignment, a Letter of Introduction that identifies
Attomey's weekly open office hours and phone hours. Further, the Attorney agrees to
reserve time to meet with ctients under this Agreement for a minimum of four (4) hours
each week and agrees to specify those hours on said Letter of Introduction. Upon any
change in office or phone hours, Attorney shall provide an update to the Court, the
Indigent Defense Contract Administrator, and all active clients, within thirty (30) days of
said change.
1.14 The Attorney agrees to, and shall take, all calls by a person arrested,
charged,and in-custody for misdemeanor criminal law violation(s) charged by the City of
Pasco during the Attorney's rotational month(s). The Attorney's rotational month(s} shall
be assigned by the Indigent Defense Contract Administratar.
2. Comnensation.
2.1 The City shall pay to the Attorney on a monthly basis, for services
rendered under this Agreement, two hundred and fourty dollais ($240.00) per case as
defined in Section 2.2. In addition, to the per case payment, Attorney shall receive three
hundred dollars {$300.00) per day for each day of trial. Trial does not include pre-trial
motions,separate sentencing proceedings,or time waiting for disposition.
The City shall pay to the Attomey, on a monthly basis, in additian to the above
compensation, for services rendered under this agreement, Three Hundred Dollars and
00/140 ($300.00) for the Attarney's rotational on-call month. It is understood by the
parties that the anticipated call volume per month should approximate five (5) calls, and
in the event call volume exceeds seven ('� calls per month, this compensation amount
may be modified by subsequent written agreement signed by both parties.
Paytnents sha11 be calculated and made on a monthly basis, payable only after
City receives and approves invoice fram Attorney, who sha11 submit invoice for each
month after the last day of said manth. Payment shall be made not later than thirty (30}
days after the receipt of invoice, subject to approval of invoice by City.
2.2 Case Counts. For the purpose of this Agreement, 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 representatian. Included as a single
case are multiple citations arising out of or related to the same incident or event occurring
on not more than two separate dates as determined by #he Court at the time of
appointment, and on amendments to such charges including contempt of Court or bail
jumping for failure to appear for trial or hearings. If the appointed attomey is re�noved
frorn the case because of a conflict of interest, then this case will not count as a case for
the purposes of a Case Count. Por the purpose af this Agreement, post-conviction
sentencing modification requests by the defendant within ninety (90) days of sentencing
shall not be counted as an additional case. The maximum cases for which defense
Agreement for Indigent Crimi�al Defense-4
services shall be provided during any 12-month period during the term of this Agreement
sha11 be 360 cases as calculated and certified by the Attorney in accordance with the
Standards. Under no circumstance shall caseload exceed 4U0 cases in any given 12-
month period, nor at any time shail Attorney or any attorney performing services under
this Agreement rnanage a caseload, including cases assigned pursuant to this Agreement
and taken outside of this Agreement, in excess of the limits set by the Standards or by
other applicable law. Upon adoption of a case weighting criteria by the Supreme Court,
pursuant to Standard 3.5, the City reserves the right to revise the case count to maximum
cases permitted under such schedule as approved by the Supreme Court and adopted by
the City,which adoptian shall not affect the terms of this Agreement.
2.3 Base Compensation. Except as expressly provided in Section 2.5 below,
Attorneys shall be responsible for paying all administrative expenses of their affice or
firm. Such admirustrative expenses may include but not limited to law libraries, financial
accounting, legal assistance, case management systems, support staf�, computers,
telephones and telephone services, photocopiers, the cast of all infrastructure
administrative, computerized legal research, support and systems as well as standard
overhead services necessary to comply with the established standar�s is included in the
base payment provided in Section 2.1 above.
2.4 Pavments in Addition to the Base Compensation. The City shall gay the
following case expenses when reasonably incurred and approved by the Municipal Court
or Indigent Defense Contract Administrator from funds available for that purpose:
2.4.1 Discoverv. Discovery shall be provided in accordance with law
and Court Rule by the City Prosecutor.
2.4.2 Preauthorized Non-Routine Expenses. Non-routine case expenses
requested by Attorney must be first authorized by order of the Municipal Court ar
approval of the Indigent Defense Contract Administrator. Unless the services are
performed by Attorney's staff or subcontractors, non-routine expenses include, but
are not limited to:
(i) Medical and psychiatric evaluations;
(ii) Expert witness fees and expenses;
(iii) Interpreters for languages not commonly spoke in the City or
interpreters for services other than attorney/client communication;
(iv) Forensic and other scientific tests;
{v) Investigation expenses;
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(vi) Social Workers;
(vii) Mitigation Experts;
(vii) Any other non-routine expenses the Municipal Court or Indigent
Defense Contract Administrator fmds necessary and proper for the investigation,
prepaxation, and presentation of a case.
2.4.3 La Wimess Fees. Lay witness fees and mileage incurred in
bringing defense witnesses ta Court, but not including saiary or expenses of law
enforcement ofFicers required to accompany incarcerated vvitnesses;
2.4.4 Records. Medical, school, birth, DMV, and other similar records,
and 911 and emergency communication recordings and Eogs.
2.4.5 Process Service. The reasonable cost for the service of a
subpoena.
2.4.6 Private Investigation Services. The Attorney agrees to make all
requests for private investigation services to the Indigent Defense Contract
Administrator {IDCA). On appropriate cases, the IDCA will appoint a Private
Investigator(PI}to assist the Attorney. Attorney shall pro�ide facts on the case to
the PI so he/she can provide effective investigation services. Attorney shall
cooperate and communicate with the PI. Upon final disposition of the case or
upon comple#ion of the requested private investigation services whichever occurs
first, the Attorney shall within five (5) business day email notification to the
IDCA and PI that no further investigation is necessary.
2.5 Rene�otiation Due to Change in Rule or Standazd. This Agreement may
be renegotiated at the option of either party if the Washington State Supreme Court, the
Washington State Bar Association, or the City significantly modifies the Stantlards for
Indigent Defense adopted pursuant to Court Order or City Resolution.
2.b Recusal. In the event that the Attorney is unable to accept an assignment,
due to conflict or otherwise, the Attarney shall provide immediate notice to the Court of
the conflict and the Court shall assign the case to Conflict Counsel. In the event the
Attorney is unable to accept or perform assigned indigent defense cases for more than
five percent (5%) of the assigned cases during any 12-month period, the City may
terminate this Agreement.
3. Term. The term of this Agreement shall be for 12 months commencing on the 1 st
day of January 2422 and ending on 31 St day of December 2022 unless sooner terminated as
provided in this Agreement. Unless otherwise terminated as provided below, this Agreement
shall automatic be renewed for an additional twelve (12} month term. The terms and conditions
Agreement for Indigent Criminal Defense-6
of the renewal term shall be identical to the terms and conditions of the last year of the original
term.
3.1 Termination for Cause. This Agreement may be terminated by either
party for cause for violation of any matezial term of this Agreement. "Material term" shall
include any violation indicating a failure to provide representation in accordance with the
rules of the Court and the ethical obligations established by the Washingtan State Bar
Association; a violation of the Standards; violation of Section 5 reiating to insuraace;
conviction of a criminal charge; or a finding that the license of the Attorney, or any
attorney providing service �nder this Agreement, has been suspended or revoked. Any
violation of the other provisions of this Agreement shall be subject to cure. Written notice
of Agreement violation shall be provided to the Attorney who shall have ten {10)
business days to correct the violation. Failure to correct the violation wil! give rise to
termination for cause at the City's discretion. In lieu of terminating this Agreement, the
City may agree in writing to alternative corrective measures.
3.2 Ternvnation without Cause. This Agreement may be ternvnated by either
party at any time without cause upon ninety (9Q) days advanced written notice to the
other pariy.
3.3 Obli�ations Survive Termination. In the event of termination of this
Agreement,the following obligations shall survive and continue:
3.3.1 Re resentation. In the event this Agreement is terminated,
Attorney will continue to represent clients on assigned cases �ntil a case is
concluded by plea, dismissal, conviction an the trial court level, or as otherwise
ordered by the court. However, on cases that have not concluded because the
defendant has been on warrant status for ninety {90} consecutive days, the case
wilt be re-assigned to another Attorney upon the determination that the defendant
still qualifies for indigent defense. In all other instances, Attorney shall continue
to represent clients unless a motion to withdraw and appoint substitute counsel
(acceptable to the City} is entered on each outstanding case. Compensation for
substitute counsel sha11 be the responsibility of the Attorney and not the City, and
the substituting attorney must agree in writing to be baund by the applicable terms
of this agreement prior to substitution.
3.3.2 The provisions of Section 1 "Scope of Services, Standards and
Warranty"; and this Section 3.3 shali survive termination as to the Attorney. The
City shall remain bound by the provisions of Section 2.5 "Payments in Addition
to the Base Compensation" with respect to cases concluded after the termination
of this Agreement.
4. Nondiscrimination. Neither the Attorney nor any person acting on behalf of the
Attorney, shall,by reason of race, creed, color, national origin, sex, sexual orientation,honorably
Agreement for Indigent Criminal Defense- 7
discharged doctrine or military status or the presence of any sensory, mental, or physical
disability or the use of a trained guide dog or service animal by a person with a disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates,or in the pravision of services under this Agreement.
5. Insurance. The Attorney shall procure and maintain for the duration of this
agreement insurance against claims for injuries to persons or property which may arise fram or
in connection with the perfarmance of work hereunder by the Attorney, or the agents,
representatives,employees, or subcontractors of the Attorney.
5.1 Minimum_Scope of Insurance. Attorney shall obtain insurance of the
types described below:
5.1.1 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 O1 and shall eover liability arising from premises,
operations, independent contractors and personal injury and advertising injury.
The City shall be nau�ed as an insured under the Attorney's Commercial General
Liability insurance policy with respect to the work performed for the City.
5.1.2 Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington, if required by State law.
5.1.3 Professianal Liability insurance appropriate to the Attorney's
profession.
5.2 Minimum Amounts of Insurance. Attorney shall maintain the following
insurance Iimits:
Commercial General Liability insurance shall be written with limits no
less than:
[X] $1,000,400 each occurrence;
[X] $2,000,000 general aggxegate; or
[ J $ _ each occurrence; and $ general aggregate
Professional Liability insurance shall be written with limits no Iess than:
[X] $1,000,000 per claim;
[X] $1,000,000 policy aggregate limit;or
[ ] $ per claim; and$ per policy aggregate liinit.
5.3 Other Tnsurance Provisions. The insurance palicies aze to contain, or be
endorsed to contain, the following provisions for Automobile Liability, Professional
Liability,and Commercial General Liability insurance:
Agreement for Indigent Criminal Defense- 8
5.3.1 The Attorney's insurance coverage shall be primary insurance as
respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Attorney's insurance and sha11 not
contribute with it.
5.3.2 The Attorney'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 reyuested,has been given to the City.
5.4 Acce tabili of Insurers. Inswance is to be placed with insurers with a
current A.M. Best rating of not less than A: VII.
5.5 Verification of Covera�e. Attomey shall furnish the City with ariginal
certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
the Service Provider before commencement of the work.
b. Work Performed b� Attorney. In addition to the responsibilities mentioned in
Section 1 above, the Standards for Indigent Defense (SiD) and Certification and Compliance
appraved by the Washington Supreme Caurt by its Order of September 7, 2012 found at CrRLJ
3.1, the Attorney shall complete seven {7} hours of continuing legal education within each
calendar year of this Agreement in caurses relating to public defense practice including, but not
limi#ed to, consequences of the conviction or adjudication, inclucling possible immigration
consequences and a possibility of civil commitment proceedings based upon a criminal
conviction; statutes, Court Rules, Constitutional provisions, and case law relevant to public
defense practice; and such other courses and study to maintain the qua.lification familiarity as
required under Standard 14.1. These seven (7) hours of continuing legal education shall be of
OPD-approved training in accordance witlz RCW 10.101.05�. In addition to compliance with the
Standards, in the performance of work under this Agreement, Attorney sha11 comply with a11
Federal, State and City laws, ordinances,rules and regulations which a.re applicable to Attorney's
business, equipment, and }�ersonnel engageci in operations covered by this Agreement or
accruing aut of the perFormance of such operations.
7. Work Performed at Attornev's Risk. Attorney shall be responsible for tlae
safety of its ernployees, agents, and subcontractors in the performance of work hereunder, and
shall take all protections reasonably necessary for that purpose. All work shall be done at the
Attorney's own risk, and the Attorney shall be responsible for any loss or darnage to rr�aterials,
taols, or other articles used or held in connection with the work. Attorney shall also pay its
employees ail wages, salaries and benefits required by law and provide for taxes, withholding
and other employment related chazges,ta�ces or fees in accordance with law and IRS regulations.
S. Person�l Services, No SubcontractinE. This Agreement has been entered inta in
consideration of the Attorney's particular skills,qualifications, experience, and ability to meet the
Agreement for Indigent Criminal Defense- 9
r
Standazds incorporated in this Agreement. Therefore, the Attorney has personally signed this
Agreement below to indicate that he/she is bound by its terms. This Agreement shall not be
subcontracted without the express written consent of the City and refusal to subcontract may be
withheld at the City's sole discretion. Any assignment of this Agreement by the Attomey without
the express written consent of the City shall be void.
9. Modification. No waiver, alteration or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by the duly authorized
representatives of the City and the Attorney.
10. Entire Agreement. The written provisions in terms of this Agreement, together
with any e�ibit attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statement(s) shall not be effective or construed as
entering into or forming a part of,or altering in any manner whatsoever,this Agreetnent.
11. Written Notice. All communications regarding this Agreement shall be sent to
the parties at the addresses listed below, unless notified to the contrary. Any written notice
hereunder shall become effective as of the date of mailing by registered or certified mail, and
shall be deemed suf�iciently given if sent to the addressee at the address stated in the Agreement
or such other address as may be hereinafter specified in writing:
C�: Attorney�:
Zach Ratkai, Director Eric Scott
Administrative& Community Services 7105 W Hood Pl Ste.A-101
City of Pasco Kennewick, WA 99336
525 North 3rd Ave escott@tri-ciiylegal.com
ratkaiz cr,;pasco-wa.�ov 509-591-9269
12. Nonwaiver of Breach. The failure of the City to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option herein
conferred in one or more instances shall not be construed to be a waiver or relinquishment of
such covenants, agreements, or options,and the same shall be and remain in full force and effect.
13. Resolutions of Dis utes Governin Law. Should any dispute,
misunderstanding or conflict arise as to the terms or conditions contained in this Agreement, the
matter shall be referred to the City Manager, whose decision shall be final. Any appeal from the
decision of the City Manager shall be resolved by arbitration pursuant to Chapter 7.04A RCW,
as amended, and the Mandatory Arbitration Rules (MAR), with both parties waiving the right of
a jury trial upon trial de novo; venue shall be placed in Pasco, Franklin County, Washington
Superior Court,the laws of the State of Washington sha11 apply; and the prevailing party sha11 be
entitled to its reasonable attorney fees and cost as additional award and judgment against the
other. Provided, however, that any complaint regarding any violation of the Standards or which
relate to any manner whatsoever ta trial strategy or an ongoing case, shall be referred to the
Agreement for Indigent Criminal Defense- ]0
1ud�e c�t' thc '��unici�al C'c�urt cir tt� thc �'�'a�hin�tc�n State Rar t�ssoci�tic�n as appmpriate.
\��thin� h�rcin shall he cnnstnicd t�i c�hligat�. require nr permit thc Cit��. its ofliccrs_ a��nt�. or
empi��}��e� w inyuire intc► um� �ri�-ilt�;eci comniunieaticm h�t�r�rn th� r�ttc�rnc:�� and am• indi�rnt
deien�innt. `I�his :�greement shall be: �u��erned b�= and con5truccl in accordance �rith the I31i"S q}�
the �tat�c�t�V4`ashin�tem anti tl�e nile;c�f'thr Vl�'ashingtc�n Su�rcm� t'��urt a� �pplicable;.
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