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HomeMy WebLinkAboutRay Hui Agreement Arraignment CounselPROFESSIONAL SERVICE AGREEMENT For Legal Representation of Defendants at Arraignment Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into effective June 1, 2016, by and between, the City of Pasco, a Municipal Corporation, hereafter referred to as "City," and Raymond Hui, 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 during arraignment 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 The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court during arraignment. Such representation shall include: A. Advise clients of rights and the nature of the attorney-client relationship and privilege; determine whether client has any immediate concerns (i.e., mental health or other medical treatment needs); determine whether there is any known immigration hold; discuss family issues that affect release; confirm age and place of birth of client; discuss the client's immigration status if the client is not a United States citizen; determine whether there is an immediate need for investigation; and explain to the client the next steps in the process. B. Review the statement on probable cause and determine whether or not a challenge is appropriate. In making such determination, perform any legal research which may be necessary. C. Make motions to dismiss charges or release defendant from custody without conditions in cases where the complaint is insufficient. D. Review with client the ability to post bail and the client's employment status and living conditions. E. Speak with any family members or friends of client who are present at Court; and if appropriate, arrange for them to speak to the Court at the hearing. F. Review police reports and prosecutor's recommendations. G. Discuss custody status recommendation with the prosecutor. H. Advocate for pre-trial release on recognizance, or as appropriate, advocate for least restrictive alternative allowed under the Court rules. I. Preserve issues relating to the client's right to a speedy trial. J. In performing said services, Attorney shall comply with all State laws, Washington Bar Association Ethical Rules and any standards for arraignment counsel published by the Washington State Office of Public Defense. K. The Attorney shall be responsible for scheduling sufficient attorney coverage and assuring prompt attendance for all required dockets and hearings as outlined on the attached Exhibit "A," Pasco Municipal Court Arraignment Counsel Schedule." Such schedule may vary depending on the caseload and may be changed from time to time to meet the needs of the Court, upon mutual agreement of the parties. SECTION II COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided in the amount of $7,000.00 per month. Payments shall be made monthly with the first monthly payment to be made not later than the 10th day of July, 2016, 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 no later than the 10th day of month following the expiration of this agreement. B. It is expressly agreed that the monthly compensation fixed in Section A, above, shall constitute full compensation for services required under this Agreement. SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual at arraignment except expenses for the services of an interpreter determined appropriate by the Court. SECTION IV TERM The term of this Agreement shall be for the period commencing on June 1, 2016, and concluding on May 31, 2019. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has undertaken representation shall continue through the disposition of the matter as set forth below. Professional Service Agreement — Arraignment Services—Raymond Hui Page 2 It is understood by the parties hereto that the Attorney's obligation is to provide representation at the arraignment only pursuant to this Agreement. 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, without the approval of the City. SECTION VI 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 represent defendants at arraignment during the forty (45) day period and will be compensated for such representation pursuant to Section II above. SECTION VII INSURANCE AND INDEMNIFICATION A. During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage with the City of Pasco as an additional named insured on the policy 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 at a minimum, policy limits of Two Hundred Fifty Thousand Dollars ($250,000.00). At the time of commencement of the performance of services hereunder, the Attorney shall submit an appropriate certificate of coverage. Such insurance will not be cancelled without first giving thirty (30) days written notice to the City. B. In performance of the work under this Agreement, the Attorney agrees to defend the City, its officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from: 1. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of the Attorney or any person or organization for whom the Attorney may be responsible, and arising out of the performance of professional services under this Agreement; and Professional Service Agreement – Arraignment Services—Raymond Hui Page 3 2. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, Court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Attorney or any person or organization for whom the Attorney may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement or from conditions created by the Attorney performance or nonperformance of said work or service. SECTION VIII GENERAL PROVISIONS For the purpose of this Agreement, time is of the essence. Waiver by the City of any provision of this Agreement or any time limitation provided in this Agreement shall not constitute a waiver of any other provision. Should any dispute arising concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. DATED this 44 day of /1147 2016. CITY OF PASCO ATTORNEY MVVERV-ell, City Mapdger RZ:u me APPROVED AS TO FORM: Leland B. Kea, City Attorney ATTEST: Q- k 0 0 ebra L. ark, City Cler Professional Service Agreement — Arraignment Services—Raymond Hui Page 4 s EXHIBIT A Arraignment Counsel Schedule MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 10:00 am 1:00 pm 9:15 am 9:15 am 9:15 am to to to to to 1:00 pm 5:00 pm 11:00 am 11:00 am 11:00 am The schedule reflects typical docket times and will vary based on docket size and type of cases. Attomey(s) shall represent all arraignment defendants until the completion of the docket. Schedule may be changed upon the agreement of the parties Professional Service Agreement — Arraignment Services—Raymond Hui Exhibit A, Page 1