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Home My WebLink About4326+Enter Search Criteria, Press Esc Key to Transmit +Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4326 + +Vendor Name LOUN, RANDY - LAW OFFICES +Subject LEGAL REPRESENTATION FOR INDIGENT PERSONS +Department ADMIN SVCS +Status Code PRO Amount Begin Date 01/01/2003 Insurance End Date 12/31/2003 Type ~mount Review Date 02/15/2006 + E~O $1000000.00 + + Insurance Total $1000000.00 Insurance Review Date 07/01/2003 Comments CONTRACT FOR 2004 SENT 3/04 & 6/04 - NO RESPONSE REQUEST CERT INS 3/04 - NO RESPONSE VAULT 01/01/2006 + PROFESSIONAL SERVICES AGREEMENT Legal Representation for Indigent Persons THIS AGREEMENT is between the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and Law Offices of Randy Loun, Attorney at Law (hereinatter referred to as "Attorney"). WITNESSETH: 1. Scope: Attorney agrees to provide legal representation for indigent persons as assigned by the Bremer~on Municipal Court. Legal representation shall include, but not be limited to, appearance and pre-trial discovery procedures, attendance at pre-trial discovery procedures, attendance at pre-trial and motion calendars, chamber conferences, trial~ alld appeals in Superior Court from Bremerton Municipal Court. For those persons held "in custody" for crimes punishable in Bremerton Municipal Court telephone only representation shall be provided. Not withstanding the requirements above, Attorney shall not be required to accept appointments in which a conflict of interest exists as defined by the Rules of Professional Conduct promulgated by the Supreme Court oftbe State of Washington. In the case of such conflict which precludes representation of an indigent person by Attorney, Attorney shall notify the Bremerton Municipal Court, by written motion, as to the conflict as soon as possible atter appointment. Provided, in those cases where Attorney determines a conflict of interest to exist, they shall not be deemed "assigned" cases for the purpose of compensation if the conflict of intexest is determined, or could have been determined by due diligence prior to or at the time of the pre- trial hearing. Attorney egrees that he will not accept private practice workloads that interfere with the rendering of quality representation of indigent clients. 2. Term: a. This contract shall cover a period oftwelve (12) months commencing January 1, 2003 and terminating December 31, 2003; and may be extended thereat~er upon mutual agreement of the parties. b. Attorney agrees that he will cominue to represent indigent clients in cases where he is appointed prior to the end of the term of this Agreement and which car~-over subsequent to the end of this Agreement until such cases are completed, but not beyond one hundred twenty (120) days of termination of this Agreement. Such carry-over cases will be included in final accounting and report provided to the Director of Admini.qtrative Services. 3. Compensation: a. City shall pay Attorney a flat fee for indigent representation in the sum of $200.00 per case for the period beginning January 1, 2003, through December 31, 2003. It is understood and agreed that this fee amount includes all expenses and costs incurred by Attorney in any court in which he represents a person appoimed to him by the terms of this Agreement, including administrative and support services, except (a) fees and reasonable expenses for filing on appeal; (b) expert witness fees and interpreter fees; and (c) other fees approved by the court on a case by case basis upon motion. 4. Assignments: An assigned case for purposes of case toad volume may include multiple counts per defendant including multiple citations se long as they arise out of a single evem or transaction and are transmitted under one assignment. If counts are severed upon motion, each severed count(s) shall be coanted as a separate assignmem. All activity under the case number shall be considered part of the original assignment; e.g. revocation of probation or reappearance after failure to appear. Attorney shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under ~hi~ Agreement. 6. Relationship of Parties: The parties understand and agree that Attorney is a practitioner skilled in matters pertaining to criminal law services and will perform independent functions and responsibilities in the area of its particular field of expertise. Attorney and its personnel shall act as independent contractors and not employees of the City. As such, Attorney hag no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Attorney shall work under the direction of the Director of Administrative Services. 7. Insurance and Hold Harmless: Prior to and durin~ the performance of the work covered by this Agreement, Attorney shall provide the Risk Manager of the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term ofthis Agreement a policy of professional liability insurance and/or errors and omissions insurance providing coverage of at least Three Hundred Thousand and No/100 Dollars ($300,000.00) aggregate against professional liability or errors and omissions in connection with the work to he performed by Attorney under this Agreement. Attorney shall furnish a certificate of insurance to the City for review by the City's Risk Manage. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional Attorney agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by a person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Attorney, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. The City and Attorney have specifically negotiated to provide that Attorney defend, hold harmless, and indemnify the City for all claims, damages, and losses, including attorneys fees, arising from any claim of Attorney's employees for injuries covered y Title 51 RCW, and for which Attorney could not be held directly liable. 8. General Conditions: Professional Service~ - Conflict 1/10/0! - Page 2 k. Attorneys' Fees - The substantially prevailing party in any litigation arising out of this Agreemeut shall be entitled to its reasonable attorneys' fees and court costs. 9. Termination: This Agreement may be t,~,,inated at will with 60 days notice or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Attorney shall continue to provide representation on cases assigned prior to the effective date of termination. 10. Nondiscrimination: Attorney shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date CITY OF BREMERTON Date Cary Bozeman> Mayor APPROVED AS TO FORM: City Attorney