HomeMy WebLinkAboutDawn Hickman - Indigent DefenseAGREEMENT FOR INDIGENT CRIMINAL DEFENSE
PERSONAL SERVICES AGREEMENT
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, Dawn Hickman (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 for Indigent Defense and Certification and
Compliance as approved by the Court by its Order of September 7, 2012, and as may thereafter
be amended, including consultation with incarcerated and non - incarcerated defendants. 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 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
Rules and the Standards, including the qualifications provided in Standard 14, as 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 Municipal Court on the form established for that purpose by
Court Rule. The Attorney further warrants that the 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 2014 starting January 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
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Court; including those initiated by a prior public defender; and $410.00 for
representation of each case appealed to Superior Court.
(2) For the 2015 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, including those initiated by a prior public defender; and $410.00 for
representation of each case appealed to Superior Court.
Payments shall be made monthly with the first monthly payment to be made not
later than the 28th day of February, 2014, 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, 2016.
B. 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 representation. 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 the Court at the time
of appointment, and on amendments to such charges including contempt of Court for
failure to pay a fine, appear for trial or hearings, or failure to abide by the terms of
probation. For the purpose of this Agreement, "deferred" or "probation" matters shall
mean all proceedings related to one or more probation or deferred cases arising out of
or related to the same incident or event occurring on not more than two separate dates
as determined by the Court at the time of appointment, and on amendments to such
charges including contempt of Court for failure to pay a fine, appear for trial or hearings,
or failure to abide by the terms of probation. The maximum cases for which defense
services shall be provided during any 12 -month period during the term of this
Agreement shall be 400 cases as calculated, and certified by the Attorney in accordance
with the Standards. Upon adoption of a case weighing 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 adoption shall not affect the terms of this Agreement.
C. Adiustment. 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.
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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 Municipal 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 Municipal 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;
(iv) polygraph, forensic and other scientific tests;
(v) computerized legal research;
(vi) investigation expenses; and
(vii) any other non - routine expenses the Municipal 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;
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(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 RAU 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
January 1, 2014, and concluding on December 31, 2015, unless sooner terminated as provided
in this Agreement.
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
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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.
S. 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.
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.
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(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. 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 ANIL
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 Attornev. During the term of this Agreement, the Attorney
shall complete seven (7) hours of continuing legal education within each calendar year of this
Agreement in courses relating to public defense practice including, but not limited to,
consequences of the conviction or adjudication, including 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 qualification familiarity as required under
Standard 14.1. In addition to compliance with the Standards, in the performance of work
under this Agreement, Attorney shall comply with all Federal, State and City 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.
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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 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:
Cam:
Debbie Clark, City Clerk MMC— Public Records Officer
Administrative & Community Services
City of Pasco
525 North 3rd
Pasco WA 99301
clarkd @pasco - wa.gov
Attorney:
Dawn Hickman
Hickman & Poland PLLC Attorneys at Law
1030 North Center Parkway Suite 111
Kennewick WA 99336
Office: 509 -582 -3291 x1 Fax: 509- 222 -2223 Cell: 509 -551 -8937
Dhickman302@yahoo.com
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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 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
December, 2013.
CITY
Gary Crutchfield, Ci1K Manager
Approved as to Form:
Leland B. Kerr, City Attorney
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