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HomeMy WebLinkAboutLaura Mapes contract - Indigent Criminal DefenseAGREEMENT FOR INDIGENT CRIMINAL DEFENSE PERSONAL 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 before the Pasco Municipal Court (hereinafter "Municipal Court"); and WHEREAS, Laura Mapes (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, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: 1. Scone of Services. Standards and Warrantv. 1.1 The Attorney will be available and provide indigent defense services for those cases previously appointed to Danielle Purcell in June 2016, to wit: 23 total cases, attached and inoerporated as "Exhibit A", 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 required consultation with incarcerated and non-incarcerated defendants. 1.2 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; and Wilbur vs. City of Mount Vernon, No. CL- 1100RSL (December 2013). 1.3 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. 1.4 The Attorney will collect and maintain data on a monthly basis reporting to the City without violating client privileged communications, the following: Agreement for Indigent Defense Services - 1 1.4.2 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 of by plea; 1.4.3 The number of cases in which a motion was brought; 1.4.4 The number of cases in which an investigator, interpreter, or other outside assistance, was utilized; 1.4.5 The number of cases which were set for trial but for which the defendant failed to appear; and 1.4.6 The number of outside, private cases and the number and types of all private practice cases per each attorney. 1.5 Attorneys who provide public defense services must limit their privately retained work as not to exceed the case limits as required by the Standards. 1.6 The Attorney further warrants that all infrastructure, support, administrative services, computerized legal research and systems necessary to comply with the Standards, is available to the Attorney, and will further notify the City immediately if unable or fails to meet the required Standards. 2. Compensation. 2.1 The City shall pay to the Attorney for services rendered under this Agreement the amount of $3,300.00 to handle and completely resolve said 23 cases previously stated. Payment shall be made not later than the 10 day of August, 2016, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 30th day of each succeeding month. 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 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 Agreement for Indigent Defense Services - 2 contempt of Court for failure to pay a fine, appear for trial or hearings, or failure to abide by the terms of probation. Solely for the purpose of case counting, probation or deferred cases shall constitute .25 cases. The maximum cases for which defense services shall be provided during any 12 -month period during the tern of this Agreement shall be 400 cases as calculated, and certified by the Attorney in accordance with the Standards. 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 adoption shall not affect the terms of this Agreement. 2.3 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. 2.4 Base Compensation. Except as expressly provided in Section 2.5 below, the cost of all infrastructure administrative, computerized legal research, 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 2.1 above. 2.5 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: 2.5.1 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. 2.5.2 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 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; and Agreement for Indigent Defense Services - 3 (vi) any other non -routine expenses the Municipal Court finds necessary and property for the investigation, preparation, and presentation of a case. 2.5.3 Lav 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; 2.5.4 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; 2.5.5 Cop3jng Direct Appeal Transcriis for RAU Appeals. The cost, if it exceeds $25.00, of making copies of direct appeal transcripts for representation in post -conviction relief cases. Attorney is limited to no more than two copies. 2.5.6 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 2.5.7 Process Service. The reasonable cost for the service of a subpoena. 2.6 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. 2.7 Renegotiation Due to Change in Rule or Standard. 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 Standards for Indigent Defense adopted pursuant to Court Order or City Resolution. 2.8 Recusal. In the event that the Attorney is unable to accept an assignment, due to conflict or otherwise, the Attorney shall provide immediate notice to the City of the conflict and the City 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 Agreement for Indigent Defense Services - 4 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 a period only to include the completion of each of the 23 cases encompassed herein. 3.1 Termination for Cause. This Agreement may be terminated by either party 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. 3.2 Termination on Mutual Agreement. Either party may after the first six (6) months of each term, upon 60 days advance notice to the other, terminate this Agreement, or within sixty (60) days of the end of any term of this Agreement, give written notice of their intent not to renew. To facilitate the City securing of alternate services, Attorney shall continue to take appointed cases for thirty (30) days from the date of its notice of termination, and continue representation until such cases are adjudicated, or sixty (60) days beyond the termination date, whichever shall first occur. 3.3 Obligations Survive Termination. In the event of termination of this Agreement, the following obligations shall survive and continue: 3.3.1 Representation. The compensation established in this Agreement compensates Attorney for services relating to each and every assigned case. Therefore, in the event this Agreement is terminated, Attorney will continue to represent clients on assigned cases until a case is concluded by plea, dismissal, or conviction on the trial court level or as otherwise ordered by the court. 3.3.2 The provisions of Section 1 "Scope of Services, Standards and Warranty'; Section 5 "Indemnification'; and this Section 3.3 shall 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 Defense Services - 5 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. 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. 5.1 Minimum Scone of Insurance. Attorney shall obtain insurance of the types described below: 5. 1.1 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington, if required by State law. 5.2.2 Professional Liability insurance appropriate to the Attorney's profession. 5.2 Minimum Amounts of Insurance. Attorney shall maintain Professional Liability insurance with limits no less than $1,000,000.00 per claim. The policy shall contain no exclusion for loss or liability relating to a claim of ineffective assistance of counsel. 5.3 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 5.4 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. 6. Work Performed by Attorney. In addition to the responsibilities mentioned in Section 1 above, the Standards for Indigent Defense (SID) and Certification and Compliance approved by the Washington Supreme Court 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 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 Agreement for Indigent Defense Services - 6 personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 7. Video Evidence. 7.1 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. 7.2 The Attorney in taking possession of any such evidence recognizes and agrees to the following terms and conditions: 7.2.1 The video/audio evidence is protected by Federal copyright law. 7.2.2 The video/audio evidence remains the property of the City of Pasco. 7.2.3 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. 7.2.4 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, video/audio tape, DVD ROM, or CD ROM. 7.2.5 To not publicly disseminate the information provided, including public displays of the provided audio/video evidence. 7.2.6 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. 7.2.7 The video/audio evidence will be delivered to the Attorney in person or by legal messenger, and can then be returned to the City in the same matter. 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 Agreement for Indigent Defense Services - 7 7.2.7 The video/audio evidence will be delivered to the Attorney in person or by legal messenger, and can then be returned to the City in the same matter. 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 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: Debbie Clark, City Clerk AND Rick Terway, Director Administrative & Community Services City of Pasco 525 North 3d Ave Pasco WA 99301 clarkdApasco-wa.eov terwaH@yasco-wa.gov ov Agreement for Indigent Defense Services - 8 Attorney: Laura Mapes 1030 W Center Parkway Kennewick WA 99336 laura@mapeslaw.com 509-737-0084 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. I IN ITNESS WHEREOF, the parties have executed this Agreement on the day of .204. CITY: (?474(, Rick Terway, D66tor Administrative & Community Services Approved as to Form: Leland B. Kerr, City Attorney Agreement for hidigent Defense Services - 9 ATT . RNEY: aura Mapes O O . 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