HomeMy WebLinkAboutJeff Johnson Indigent Defense AGREEMENT FOR INDIGENT CRIMINAL DEFENSE SERVICES
WHEREAS, the City of Pasco, Washington (hereinafter "City') provides indigent
defense serves to individuals who have been certified for representation in criminal charges
before the Pasco Municipal Court(hereinafter"Municipal Court"); and
WHEREAS, Jeff Johnson (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")
pursuant to the requirements of RCW 10.101.030. NOW, THEREFORE,
The City and Attorney have entered into this Agreement in consideration of the mutual
benefits to be derived and the mutual promises contained herein:
1. Scope of Services, Standards and Warranty. The Attorney will provide
indigent defense services in accordance with the Standards adopted by the City, as the same
exists or is hereafter amended. The Attorney warrants that he/she, and every attorney and/or
intern employed by the Attorney to perform services under this Agreement has read and is fully
familiar with the provisions of the Washington Supreme Court Rule and the Standards adopted
by the City. Compliance with these Standards goes to the essence of this Agreement. The
Attorney, and every attorney and/or intern performing services under this Agreement, shall
certify compliance quarterly with the District Court on the form established for that purpose by
Court Rule. The Attorney further warrants that her proposal, reflected in Section 2,
Compensation, reflects all infrastructure, support, administrative services and systems necessary
to comply with the Standards.
2. Compensation.
A. The City shall pay to the Attorney for services rendered under this
Agreement:
(1) For 2013 starting February 1: $155.00 for each case assigned by
the Court to the Attorney; $400.00 for each case resulting in a jury trial actually
tried to verdict; $50.00 for each deferred or probation matter assigned by the
Court; however, initiated by a prior public defender; and $410.00 for each case
appealed to Superior Court.
(2) For the 2014 calendar year: $155.00 for each case assigned by the
Court to the Attorney; $400.00 for each case resulting in a jury trial actually tried
to verdict; $50.00 for each deferred or probation matter assigned by the Court,
however, initiated by a prior public defender; and $410.00 for each case appealed
to Superior Court.
Agreement for Indigent Defense Services- 1
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Payments shall be made monthly with the first monthly payment to be made not
later than the 28th day of February, 2013, 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, 2015.
B. Case Counts. The above charge is based upon the historical case count for
the City. The terms "case" and "credit" shall be defined as provided in the Standards.
The City reserves the right to adopt an interim weighted case count, which may differ
from the final weighted case count scheduled to be adopted by the City, which adoption
shall not affect the terms of this Agreement.
C. Adjustment. As provided in the Standards, case counts may be revised
upwards based upon a variety of factors. Upon the Attorney's request, the City shall
review any particular case with the Attorney to determine whether greater weighting
should be assigned, and upward revisions shall not be unreasonably refused.
D. Base Compensation. Except as expressly provided in Section E below,
the cost of all infrastructure administrative, support and systems as well as standard
overhead services necessary to comply with the established standards is included in the
base payment provided in Section A above.
E. Payments in Addition to the Base Compensation. The City shall pay the
following case expenses when reasonably incurred and approved by the District Court
from funds available for that purpose:
(1) Discovery. Discovery shall be provided in accordance with law
and Court Rule by the City Prosecutor. For post-conviction relief cases,
discovery includes the cost to obtain a copy of the defense, prosecuting attorney
making this charge or Court files pertaining to the underlying case.
(2) Preauthorized Non-Routine Expenses. Non-routine case expenses
requested by Attorney and preauthorized by order of the District Court. Unless
the services are performed by Contractor'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;
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(iv) polygraph, forensic and other scientific tests;
(v) computerized legal research;
(vi) investigation expenses; and
(vii) any other non-routine expenses the District Court finds
necessary and property for the investigation, preparation, and presentation
of a case.
(3) Lay Witness Fees. Lay witness fees and mileage incurred in
bringing defense witnesses to Court, but not including salary or expenses of law
enforcement officers required to accompany incarcerated witnesses;
(4) Copying Clients' Files. The cost, if it exceeds $25.00, of providing
one copy of a client's or former client's case file upon client's or client's appellate,
post-conviction relief or habeas corpus attorney's request, or at the request of
counsel appointed to represent the client when the client has been granted a new
trial;
(5) Copying Direct Appeal Transcripts for RALJ Appeals. The cost, if
it exceeds $25.00, of making copies of direct appeal transcripts for representation
in post-conviction relief cases. Contractor is limited to no more than two copies.
(6) Records. Medical, school birth, DMV, and other similar records,
and 911 and emergency communication recordings and logs, when the cost of an
individual item does not exceed$75.00; and
(7) Process Service. The reasonable cost for the service of a
subpoena.
F. Renegotiation Due to Increases or Decreases in Case Load. The City and
Attorney shall, at the option of either party, renegotiate this Agreement if there is a
significant increase or decrease in the number of cases assigned. "Significant decrease"
and "significant increase" shall mean a decrease or increase, respectively, of more than
twenty percent (20%) in the number of cases assigned or, in the alternative, a decrease or
increase in the number of cases assigned. At the request of either party, the City and
Attorney will periodically review cases assignment trends, requests for additional credits
and any other matters needed to determine contract compliance or necessary contract
modifications.
3. Term. The term of this Agreement shall be for the period commencing February
1, 2013, and concluding on December 31, 2014, unless sooner terminated as provided in this
Agreement.
Agreement for Indigent Defense Services-3
A. For Cause. This Agreement may be terminated for cause for violation of
any material 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 Washington State Bar Association; a
violation of the Standards; violation of Section 6 relating to insurance; conviction of a
criminal charge; or a finding that the license of the Attorney, or any attorney providing
service under 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 will 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.
B. Termination on Mutual Agreement. The parties may agree in writing to
terminate this Agreement at any time. Unless otherwise agreed to in writing, termination
or expiration of this Agreement does not affect any existing obligation or liability of
either party.
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
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 provision of services under this Agreement.
5. Indemnification. The Attorney agrees to hold harmless and indemnify the City,
its officers, officials, agents, employees, and representatives from and against any and all claims,
costs, judgments, losses, or suits including Attorney's fees or awards, and including claims by
Attorney's own employees to which Attorney might otherwise be immune under Title 51 arising
out of or in connection with any willful misconduct or negligent error, or omission of the
Attorney, his officers or agents.
It is specifically and expressly understood that the indemnification provided herein
constitutes the waiver of the Attorney's waiver of immunity under Title 51 RCW solely for the
purposes of this indemnification. The parties have mutually negotiated this waiver.
This clause shall survive the termination or expiration of this Agreement and shall
continue to be in effect for any claims or causes of action arising hereunder.
6. 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 from or
in connection with the performance of work hereunder by the Attorney, or the agents,
representatives, employees, or subcontractors of the Attorney.
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A. Minimum Scope of Insurance. Attorney shall obtain insurance of the
types described below:
(1) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington, if required by State law.
(2) Professional Liability insurance appropriate to the Attorney's
profession.
B. Minimum Amounts of Insurance. Attorney shall maintain the following
insurance limits:
(1) Professional Liability insurance shall be written with limits no less
than $50,000 per claim and $100,000 policy aggregate limit. The policy shall
contain no exclusion for loss or liability relating to a claim of ineffective
assistance of counsel.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Attorney 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 Service Provider before commencement of the work.
7. Work Performed by Attorney. In addition to compliance with the Standards, in
the performance of work under this Agreement, Attorney shall comply with all Federal, State and
District laws, ordinances, rules and regulations which are applicable to Attorney's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of such operations.
8. Work Performed at Attorney's Risk. Attorney shall be responsible for the
safety of its employees, 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 damage to materials,
tools, or other articles used or held in connection with the work. Attorney shall also pay its
employees all wages, salaries and benefits required by law and provide for taxes, withholding
and other employment related charges, taxes or fees in accordance with law and IRS regulations.
9. Personal Services,No Subcontracting. This Agreement has been entered into in
consideration of the Attorney's particular skills, qualifications, experience, and ability to meet the
Standards 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
Agreement for Indigent Defense Services-5
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 Attorney
without the express written consent of the City shall be void.
10. 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.
11. Entire Agreement. The written provisions in terms of this Agreement, together
with any exhibit 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 Agreement.
12. 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 sufficiently given if sent to the addressee at the address stated in the Agreement
or such other address as may be hereinafter specified in writing:
City:
Mr. Rick Terway, Director
Administrative& Community Services
CITY OF PASCO
525 North 3rd
Pasco WA 99301
terwayr@pasco-wa.gov
Attorney:
Jeff Johnson
1030 N Center Parkway
Kennewick WA 99336
13. 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.
14. Resolutions of Disputes, Governing 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. Provided, however,
that any complaint regarding any violation of the Standards or which relate to any manner
whatsoever to trial strategy or an ongoing case, shall be referred to the Judge of the Municipal
Agreement for Indigent Defense Services-6
Court or to the Washington State Bar Association as appropriate. Nothing herein shall be
construed to obligate, require or permit the City, its officers, agents, or employees to inquire into
any privileged communication between the Attorney and any indigent defendant. In the event of
any litigation arising out of this Agreement, the prevailing party shall be reimbursed for
reasonable attorney's fees from the other party. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington and the rules of the
Washington Supreme Court as applicable. Venue for an action arising out of this Agreement
shall be in Pasco, Franklin County, Washington Superior Court.
IN WITNESS WHEREOF, the parties have executed this Agreement on the \° ' day
of . 2013.
CITY fl ATTO. -
t,
Gary C tch R `Flier Jeff Jo- son f
Appr'Ave s to Form:
Leland B. Kerr, City Attorney
Agreement for Indigent Defense Services-7
ADDENDUM NO. 1
TO
PROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Indigent Defendants
Before the Pasco Municipal Court
THIS ADDENDUM is entered into, effective February 1, 2013, by and between the City
of Pasco, a Municipal Corporation, hereinafter referred to as "City", and Jeff Johnson, attorney
authorized to practice law in the State of Washington, hereinafter referred to as "Attorney".
WHEREAS, the parties to this Addendum have previously entered into an agreement for
certain Professional Service Agreement for the rendering of legal representation of indigent
persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court; and
WHEREAS, the parties recognize the importance of responsible use and custody of
video and audio recorded evidence relevant to criminal proceedings in the City of Pasco; and
WHEREAS, the parties desire to amend that certain Professional Services Agreement by
adding the additional responsibilities, rights, and duties contained herein.
NOW, THEREFORE,the parties do agree as follows:
1. The City may from time to time be in possession of video or audio recorded
evidence relevant to a criminal proceeding in which Attorney represents the criminal defendant.
The City may from time to time provide such relevant video or audio evidence upon request of
Attorney, or as otherwise required by law.
2. The Attorney in taking possession of any such evidence recognizes and agrees to
the following terms and conditions:
A. The video/audio evidence is protected by Federal copyright law.
B. The video/audio evidence remains the property of the City of Pasco.
C. The video/audio evidence shall not be used in connection with any
endeavor action other than use as investigative material and evidence in relevant criminal
proceedings.
D. To make no additional copies of the evidence provided by the City
pursuant to this Agreement, including copying of the evidence to a computer, computer hard
drive, or any other type of storage device or medium including, but not limited to flash media,
videos/audio tape, DVD ROM, or CD ROM.
E. To not publicly disseminate the information provided, including public
displays of the provided audio/video evidence.
a • -
F. To return the video/audio evidence to the City within thirty(30) days from
final disposition of the matter. Where a guilty plea is entered, the plea date shall be the date of
final disposition. Where an appeal is filed, the evidence will be returned within thirty (30) days
of the appeal becoming final.
G. The duplicate copy will be delivered to the Attorney in person or by legal
messenger, and can then be returned to the City in the same matter.
I
3. This addendum shall be incorporated into the original Agreement and read with it
as to create one Agreement. By entering into this Agreement, the parties do not intend to amend
or alter any provisions of the original Agreement, but do, hereby, add these additional rights and
responsibilities.
4. All other provisions of the original Agreement are incorporated herein including,
but not limited, those provisions relating to the term of the Agreement and dispute resolution.
CITY OF !' ' SCO
4
Vaiii■■—dil
Gary Cru ch7 1 iVfager
AT ST: APPR V_ED AS TO FORM
Debra L. Clark, ity Clerk Leland B. Kerr, City Attorney
ATP" ' • _ :
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Jeff.ohnson, ' tto ■ y At