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HomeMy WebLinkAboutPhilip M Rodriguez - Indigent Defense Agmt PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective January 1 , 2004, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City", and Philip M. Rodriguez, attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney. " THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation of indigent persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: SECTION I PROFESSIONAL SERVICES A. The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for whose representation he/she is appointed. Such representation shall include preparation of appropriate pleadings and appearances in all phases of court proceedings following appointment, including pretrial hearings, motions, trial, sentencing, probation violations, and any other additional trials or hearings required by a remand or other order of a higher court. The Attorney shall communicate with individuals confined to jail in person or by telephone, prior to the individual' s pretrial conference. The Attorney shall have no responsibility to represent individuals initially charged in the Pasco Municipal Court with felonies regardless of whether the felony charge is later reduced to a misdemeanor or gross misdemeanor. B. In the event a case to which the Attorney is appointed is appealed to Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of Appeal in Superior Court which shall include a statement of the errors claimed to have been made and location of such errors in the record. The Attorney shall not be responsible for prosecuting the appeal in Superior Court, but shall remain responsible to the appellant until another attorney is appointed to represent the appellant in Superior Court. If and when the case is remanded to Pasco Municipal Court, Attorney shall again assume responsibility to provide defense services. Professional Service Agreement - 1 12- e . b • • • C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the term of this Agreement. D. The Attorney is expected to have knowledge of the court' s schedule, including hours of operation and days of the week when hearings and trials are ordinarily set and heard. In its discretion, the court may alter the court' s schedule to meet changing demands. The Attorney agrees to not accept other employment of any character that will unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the court scheduling difficulties as to Attorney 's assigned cases. E. The professional services provided under this Agreement shall be in compliance with the City of Pasco' s Indigent Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A. SECTION II COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows: ( 1 ) For the 2004 calendar year: One Hundred and Thirty Dollars ($ 130.00) for each case assigned by the court to the Attorney; Three Hundred Dollars ($300.00) for each case resulting in a jury trial actually tried to verdict; and Fifty Dollars ($50.00) for each deferred or probation matter assigned by the court, however, initiated by a prior public defender. (2) For the 2005 calendar year: One Hundred and Thirty Five Dollars ($ 135 .00) for each case assigned by the court to the Attorney; Three Hundred and Twenty Five Dollars ($325.00) for each case resulting in a jury trial actually tried to verdict; and Fifty Five Dollars ($55.00) for each deferred or probation matter assigned by the court, however, initiated by a prior public defender. Payments shall be made monthly with the first monthly payment to be made not later than the 20th day of February 2004, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 30th day of each succeeding month and the final payments being made not later than the 30th day of January 2006. B. The City agrees to compensate Attorney a minimum monthly amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received Professional Service Agreement - 2 based on assignments per Section A above are below said minimum. C. It is expressly agreed that the monthly compensation fixed in Sections A and B above shall constitute fall compensation for services required under this Agreement. "Court assigned cases for the purposes of this Agreement shall mean all proceedings relating to one or more underlying charges, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trial or hearings, or the failure to abide the terms of probation. SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual to whom appointed except: A. Expenses incurred in obtaining expert testimony, scientific tests or other analysis when authorized by court order. B . Expenses of a private investigator used to aid in the preparation of the defense of a matter when authorized by court order. C. Expenses for the services of an interpreter determined appropriate by the court. SECTION IV TERM The terms of this Agreement shall be for the period commencing January 1 , 2004, and concluding on December 31 , 2005. Notwithstanding the foregoing, the Attorney 's obligation to represent an individual in a matter to which the Attorney has been appointed shall continue through the disposition of the matter as set forth below. If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one ( 1 ) additional term of one ( 1 ) year. The terms and conditions of the renewal term shall be identical to the terms and conditions of the last year of the original term (with appropriate modifications of installment payment dates) except that upon termination of the final term, the Attorney shall no longer have any Professional Service Agreement - 3 option to renew this Agreement. The renewal option must be exercised by written notice to the City, given not less than 120 days prior to the last date of the expiring term. The giving of such notice shall make the agreement binding for the renewal term without further act of the parties. It is understood by the parties hereto that the Attorney 's obligation to provide representation pursuant to this Agreement includes the obligation to complete all cases or matters covered by this Agreement. The Attorney shall continue to provide representation for those persons whom the Attorney was appointed to represent and whose case was not concluded during the duration of this Agreement. It is further understood by the parties that the Attorney 's obligation to complete all cases or matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, Attorney may, by mutual agreement with another attorney holding a current Professional Service Agreement for legal representation of indigent individuals with the City of Pasco, make substitute appearances for one another on as-needed basis; or with the approval of the City, a designated qualified member of the Attorney 's Law Firm may perform the Attorney 's contract and responsibilities on a temporary basis, or assign or subcontract such services with another qualified attorney. SECTION V TERMINATION This Agreement may be terminated by either party without cause upon forty-five (45) days advance written notice to the other. This Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney 's disbarment or suspension from the practice of law, this Agreement shall terminate as of the effective date of such disbarment or suspension. In the event of a termination without cause, the Attorney shall continue to accept and represent to conclusion court assigned cases during the forty (45) day period and will be compensated for such court assigned cases pursuant to Section 11 above. Professional Service Agreement - 4 SECTION VI INSURANCE AND. INDEMNIFICATION During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Thousand Dollars ($200,000.00) or more. At the time of commencement of the performance of services hereunder, the Attorney shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City. DATED this �.� day of &e to ,e /oP r 2003 . CITY OF PASCO Michael L. arrison Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackso Leland B. Kerr City Clerk City Attorney ATTORI�I ilip M. Ro riguez J Professional Service Agreement - 5