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5055
BREMERTON DEFENDERS, PLLC
Public Defense Services
City Clerk
LEG 12-1
8/2/2011
7/31/2014
1/1/2014
City of Bremerton
Agreement for
Public Defense Services
Bremerton Defenders, PLLC
Table of Contea�ts
SECTION 1: DEFINITIONS
SECTION 2: PUBLIC DEFENSE STANDARDS
SECTION 3: T�RM
SECTION 4: SCOPE OF WORK
SECTION 5: PERFORMANCE AND QUALIFICATIONS
SECTION 6: PAYMENT
SECTION 7: REPORTING REQUIREMENT5
SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS
SECTION 9: OTHER EMPLOYMENT
SECTION 10: CORRECTIVE ACTION
SECTION 11: TERMINATION AND SUSPENSION
SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION)
SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY
SECTION 14: OTHER LEGAL REQUIREMENTS
SECTION 15: INDEMNIFICATION
SECTION 16: INSURANCE
SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS
SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS
SECTION 19: CONTRACTUAL RELATIONSHIP
SECTION 20: ASSIGNMENT AND SUBCONTRACTING
SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES
SECTION 22: NO CONFLICT OF INTEREST
SECTION 23: ERRORS & OMISSIONS; CORRECTION
SECTION 24: CONFIDENTIALITY
SECTION 25: EXTRA WORK
SECTION 26: MISCELLANEOUS PROVISIONS
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AGREEMENT FOR CITY OF BREMERTON
PUBLIC DEFENSE SERVICES
Bremerton Defenders, PLLC
This Agreement is made and entered mto by and between the City of Bremerton ("the
City"), a Washmgton mumcipal corporation and Bremerton Defenders, PLLC, a Professional
Limrted Liabilrty Corporahon ("Pubhc Defender"), whose address is 569 Division Street, Surte
A, Port Orchard, Waslungton 98366
WHEREAS, the City desires to have legal services, as descnbed m this Agreement,
performed for mdigent persons legally entitled to appomted representation m the City of
Bremerton, by Public Defender as an independent contractor, and
WHEREAS, the City and the Public Defender agree that any and all funds provided
pursuant to this Agreement are provided for the sole purpose of provision of legal services to
indigent persons prosecuted with cnmes m Bremerton Mumcipal Court,
NOW, THEREFORE, m consideration of the mutual benefits to be denved, the promises
and covenants contamed herem, and other good and valuable consideration, the parties agree as
follows
SECTION 1: DEFINITIONS
A Case Assi ent A case assignment is that particular case assigned by the Crty
B Case Credrt Case credrt is a case assignment
C Citv Crty is the City of Bremerton
D Client An indigent person who has been assigned to the Public Defender by the City
E Comnleted Case A completed case mvolves all necessary legal action from arraignment
through disposition or the necessary withdrawal of counsel after the substantial delivery of legal
services This includes the filmg of a notice of appeal upon the client's request, application to
proceed in forma paupens on appeal, and a motion for appointment of appellate counsel
F. Contract Admmistrator Contract Admmistrator is the City of Bremerton Mumcipal
Court Admmistration
G Court Court is the Municipal Court of Bremerton
H. Cnmmal Case. A case is any one charge or senes of related charges filed agamst one
defendant/respondent
Public Defense
I Cnmmal Case Disposition Case disposition shall mean the dismissal of charges, the
entenng of an order of deferred prosecution, an order or result requinng a new trial, imposition
of sentence or defenal of same, or dispositional contmuance and any other heanng on that cause
number for each case assignment The case assignment remams m effect to the end of
�urisdichon of the case and shall include the filing of an appeal, if applicable
J Discoverv Discovery consists of those reports, letters, memorandums, after-action
reports, mcidents reports, witness statements, officers' statements, expert witness reports which
the City Prosecutor is obligated to provide on a contmuing basis under the City or State code and
pursuant to the State and Federal Constitutional requirements
K Legal Service Legal service is legal representarion provided by a licensed attorney and
associated paraprofessional staff to an mdividual client, pursuant to a case assignment or court
appomtment The attorney will be required by the Public Defender to satisfy the Code of
Professional Responsibility, the law of the State of Washmgton and the Umted States m the full
discharge of the duties to each individual client under this Agreement
L Indigent Defendant An indigent defendant is a person determmed indigent by the Court,
as being eligible for a court-appointed attorney, pursuant to RCW 10 101
M Mavor Mayor is the Mayor of Bremerton or designee
N Misdemeanor Practice Area
1 Misdemeanor Case Any cnmmal case filed by the Bremerton City Attorney or
designee m Bremerton Mumcipal Court whether a misdemeanor or a gross misdemeanor
2 Misdemeanor Appeal A misdemeanor appeal involves filing the notice of
appeal, if necessary, perfechng the record following the filmg of the notice of appeal, preparation
of the transcnpt pursuant to Rule 6 3a RALJ, preparmg such bnefs and memoranda as are
required, argumg the case m Supenor Court, and handlmg such paperwork as the Supenor
Court's decision and orders direct
3 Misdemeanor Wnt A wnt involves filing notice, perfectmg the record, prepanng
such bnefs and memoranda as required, arguing the case in Supenor Court and handling such
paperwork as the Supenor Court's decision and orders direct
O Paraprofessional Staff Investigators, social workers and paralegals
P Public Defender The Public Defender is Bremerton Defenders, PLLC
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The City adopts the followmg standards for the delivery of Public Defense Services, pursuant to
RCW 10.101 030.
2 Public Defense
A Compensation of Counsel Compensation of counsel shall be in accordance with the
provisions set forth m sections 4 and 6 of this agreement
B Duties and Responsibilrties of Counsel The duties and responsibilities of counsel shall be
in accordance with this agreement
C Caseload Limits Public Defender caseloads for Bremerton misdemeanor cases shall be
no higher than 450 case credits per-attorney per-year
D Responsibility for Expert Witness Costs After approval by the Court, expert witness fees
will be paid by the City
E Attorneys and Staff The Public Defender shall provide, at a mimmum, two full-time
attorneys and one full-time paraprofessional staff person to provide services pursuant to this
Agreement
F Su�ervision The Public Defender shall provide supervismg attorneys at the followmg
standards one supervisor for every two attorneys
SECTION 3: TERM
This Agreement shall commence on the first (lst) day of August 2011 and termmate the thirty-
first (31 st) day of July 2014 unless extended or terminated earlier pursuant to the terms and
conditions of this Agreement
SECTION 4: SCOPE OF WORK
A Purpose The purpose of this agreement is to provide legal services through effective
assistance of counsel to indigent persons Legal services shall be statutonly and constitutionally
based
B Professional Conduct
1 The Public Defender shall provide the services of attorneys and staff inembers in
compliance with all of the applicable laws and admimstrative regulations of the State of
Washington, the United States, Bremerton Mumcipal Code, and the Washmgton State Rules for
Professional Conduct (RPC)
2 Nothmg in this Agreement shall be construed to impair or mhibit the exercise of
mdependent, professional �udgment by an attorney employed by the Public Defender with
respect to any client wherein an attorney-client relationship has been established pursuant to the
terms of this Agreement
3 Nothmg m this Agreement shall require or permit, without the consent of the
client, access to or disclosure of any confidential commumcation made by a client to any
attorney employed by the Public Defender or any such confidenhal commumcahons made to
3 Pub[ic Defense
agents or employees of the Public Defender for such attorney, the advice given by an attorney to
a client, or any other statements and matenals pnvileged from disclosure in a court of law
4 Attorneys and staff employed by the Public Defender shall not solicit or accept
any compensation, gifts, gratuiries or services from any client
C Eli big, le Population The population served shall be mdigent persons legally entitled to
appointed legal services in Bremerton Mumcipal Court, as assigned by the Court
D Case Assi�nment The Public Defender shall accept all case assignments, except for
cases m which there is a conflict of interest or other related issue that would prevent the Public
Defender from accepting assignment of the case
E Conflicts The Public Defender reserves the nght to decline to advise or represent any
client on the basis of actual legal, ethical, or professional conflict of interest The Public
Defender shall be responsible for checkmg for conflicts and idenhf}nng if a conflict exists The
Public Defender shall have a wntten policy which explams how they define conflict cases This
policy must be approved by the Contract Admmistrator The Public Defender shall perform a
conflicts check before any substantial work is done on the case
F Duries and Responsibilities of the Public Defender In order to perform its
responsibilities under the Agreement, the Public Defender shall have the power and duty to
Hire all Public Defender personnel,
2 Provide fiscal management, establish compensation of personnel, maintain
payroll records and provide payrnents for all personnel including withholdmg of mcome taxes,
payrnent of social secunty taxes, payment of worker compensation and mdustrial insurance taxes
(where applicable), and fnnge benefits,
3 Supervise and maintam the quality of staff and services received or performed,
and provide internal evaluation sessions as necessary,
4 Suspend remove, or terminate personnel not adequately performing the duties and
responsibilities assigned, engaging or condomng misconduct, or whose conduct or contmued
performance of duhes is detnmental to the Public Defender program,
5 Accept and represent all cases and clients officially referred by the Court unless
withdrawal from such representation is allowed m accordance with provisions as stated above,
6 In the event that this Agreement is terminated or not renewed, the Public
Defender shall contmue to provide services pursuant to this Agreement for three (3) months after
the termmation date Public Defender shall not be assigned any new cases, however, Public
Defender shall attempt to complete the representahon of all clients who have been referred by
the Court dunng the penod in which the Agreement is in effect for the compensation received or
4 Public Defense
receivable under the terms of the Agreement, provided that completed representation is not made
impossible by a client's failure to appear
G Duties and Responsibilities of Public Defender Attornevs In order to perform their
duties under this Agreement, staff attorneys of the Public Defender shall
1 Counsel and represent m all ensumg cnmmal proceedings before appeal those
clients who are officially referred by the Court Such services mclude, but are not limited to.
preparahon for and representation of the client at the pretrial hearmgs, tnal and at sentencmg
heanngs or any other related proceedmgs
2 Counsel clients with regard to their nghts to appellate review and file any
necessary notice for appellate review when requested by a client
SECTION 5: PERFORMANCE AND QUALIFICATIONS
A Practice Standards and Records
1 The Public Defender shall ensure that all attorneys, paraprofessional staff and
supervisors shall mamtain contemporaneous records of all legal services provided on a specific
case The records shall provide a factual descnption of the work done and shall be sufficiently
detailed to allow momtonng of legal service activity by the Contract Admmistrator, sub�ect to
any ethical obligations of the Public Defender
2 Upon closing a case, all attorney, paraprofessional and supervisor files associated
with the case shall be cross referenced and accessible as a whole for momtonng by the Contract
Admimstrator, sub�ect to any ethical obligations of the Public Defender
3 The Public Defender shall establish practice standards to address the following
substantive areas of Agreement compliance The practice standards shall set ob�ective
expectahons for each position and shall be measurable by ob�ective means With each practice
standard, the Public Defender shall include a procedure for momtonng compliance with the
standard Wntten practice standards are due to the Contract Admimstrator annually Practice
standards should address the followmg areas
a Attorney practice, mcludmg but not limited to,
i Lawyer-chent relationship, mrtial case actions, mvestigation and
preparation, prehmmary hearmgs, disposrtion without tnal, trial, post
conviction or fact findmg and any other areas of attorney pracrice deemed
appropnate by Public Defender management or Board
ii Attorney use of paraprofessionals and expert service
b Paraprofessional practice
c Supervision of attorneys and paraprofessionals
4 The Public Defender agrees that, within available resources, reasonable efforts
will be made by the Public Defender to contmue the imtial attorney assigned to a client
5 Public Defense
throughout any case m which representahon is undertaken The Public Defender is not
prohibited from rotating attorneys or from assigmng a smgle attorney to handle various aspects
of legal proceedmgs for all mdigent persons where such method of assignment is the most
reasonable method of obtammg effective legal representation for indigent persons.
5. A member of the Public Defender staff shall visit any assigned m-custody
cnmmal defendant and obtam basic contact and other fundamental mtake informahon for a bond
hearmg withm one (1) workmg day from nohfication to the Public Defender of the assignment of
the case and the m-custody status of the client This provision applies to clients m custody at any
facilrty wrthm Krtsap County
6 The Public Defender attorneys shall attempt to make contact with all assigned
clients withm five (5) workmg days from a case assignment or no later than the day pnor to the
first pretnal heanng whichever comes first
7 The Bremerton City Attorney's Office or designee is responsible for makmg a
copy of discovery available to the Public Defender The Public Defender shall request discovery
as soon as possible after case assignment but no later than three (3) busmess days of the
assignment, whether imtial or subsequent, on any case The Public Defender shall obtain a copy
of discovery at arraignment if available The Public Defender agrees that discovery may be
provided in electromc format
8 Discovery shall be reviewed within five (5) days after receipt for purposes of
determining any conflicts of mterest The Public Defender shall notify the Contract
Admmistrator immediately of any conflict of interest as defined by the Washmgton State Rules
of Professional Conduct The Public Defender shall provide the Contract Admimstrator with a
wntten explanation stating the basis for the conflict m its notification
9 The Public Defender shall establish and enforce policies and procedures to ensure
that attorney rime and other Defender resources funded by this Agreement shall only be used for
work which is authonzed by this Agreement
10 The Public Defender shall ensure that a preliminary wntten response to any
wntten complaints concerning services provided by the employees of the Defender or the
Defender itself shall be submitted to the Contract Admimstrator within three (3) working days of
the date the complaint is received by the Public Defender Wntten complaints include e-mail
communications from the Contract Admmistrator The Contract Administrator shall copy the
supervising attorney on any complaints sent to the Public Defender
11 The Public Defender shall establish policies and procedures for pro-bono work
provided by staff of the Public Defender These policies and procedures shall assure that any
such pro bono work is not provided to the exclusion or detnment of legal services that are the
sub�ect of this Agreement
12 The Public Defender or his attorneys shall not provide transportarion to any client
assigned to the public defender pursuant to this Agreement
6 Public Defense
B. Mmimum Attorney Qualificahons
1 Every attorney providmg indigent defense services must be a licensed member of
the Washmgton State Bar and be a member m good standmg of the Bar
2 Every Public Defender attorney shall sahsfy the mimmum requirements for
practicmg law m Washmgton as determmed by the Washmgton Supreme Court, seven (7) hours
of each year's required contmumg legal educahon credits shall be in courses relating to cnmmal
law practice or other areas of law in which the Public Defender provides legal services to clients
under the terms of this Agreement or is approved by the Washmgton State Office of Public
Defense. The Public Defender will mamtam for mspechon on rts premises records of
comphance with this provision
3 The Public Defender may employ interns pursuant to Admission to Practice Rule
(APR) 9 No more than 5% of the cases handled by the Public Defender may be assigned to Rule
9 mterns However, Rule 9 mterns may not be used to supplant the services of an attorney
assigned by the Public Defender to perform the services of this Agreement
4 The Public Defender attorneys who supervise the misdemeanor attorneys must
have at least three years of cnminal defense expenence m supenor, distnct or mumcipal courts m
Washmgton State.
5 Unless pnor wntten approval has been granted by the Contract Admimstrator, no
attorney may provide services under this Agreement if that attorney has been removed from
representation m a case for failure to perform basic services necessary to the case or to the client,
or m any manner has been found to be ineffechve on appeal by either an ethics panel or by an
appellate court
C Evaluahons
The Public Defender Supervisor, or his/her designee, shall evaluate the professional performance
of Public Defender attorneys and paraprofessional staff annually Attorney evaluations should
include monitonng of time and caseload records, review of case files, quality of case preparation,
as well as m-court observation Paraprofessional evaluations shall be sufficiently comprehensive
to assess the quality of the actual work performed The Contractor shall submit to the City a
summary report of the annual attorney performance evaluations The Contractor shall make
available to the City its evaluation critena and evidence evaluations were conducted, although all
evaluations are to be confidential between the Contractor's director and the Contractor attorney
SECTION 6: PAYMENT
A The City shall pay the Public Defender for the services as specified in Section 4, Scope of
Work, in the amount not to exceed $184,800 annually
B The City will pay the Public Defender by the thirtieth (30) workmg day of the following
month
7 Public Defense
C. In the event of failure to comply with any items and conditions of this Agreement or to
provide m any manner the work or services as agreed to herein, the City reserves the nght to
withhold any payment until the City is satisfied that conective action has been taken or
completed This option is m addrtion to and not m lieu of the City's nght to termmation as
provided m Section 13 of this Agreement
SECTION 7: REPORTING REQUIREMENTS
Case Mana�ement Svstem The Public Defender will use a case management system that will
allow them to file the monthly report descnbed below electronically.
Reporting The Public Defender will provide the City with monthly electromc reports within
twenty (20) working days after the close of each calendar month m acceptable format on all
closed cases Cases must be closed withm 60 days after the last hearmg on the case These
reports must contain
• Defendant's name
• Cause number(s)
� Cnmmal charges filed
• Disposrtion of each charge
• Number of court heanngs
• Defendant's �ail custody status pnor to sentencmg
• Bench Tnal, Jury Tnal, Plea or Dismissal
• Attorney(s) name(s)
• Date case assigned
• Date case closed
• Hours spent by attorney
The Public Defender must provide the Contract Admmistrator the reports descnbed below
Re ort Title Due Date
Monthly Court achvity reports mcludmg Monthly (by 20tn day of the followmg month)
attorney assignments and hearmgs held
Year end reports, additional summanes, other Vanes
reports or documents as requested by the
Contract Admmistrator with reasonable notice
The City of Bremerton, or any of its duly authonzed representatives, shall have access to any
such books, records and documents for mspection, audit and copying The report is due on or
before the twenheth (20cn) day of the followmg month for services of the pnor month Payment
may be withheld if reports are not submitted on time
8 Public Defense
The Public Defender will immediately notify the Contract Admmistrator m wnting when it
becomes aware that a complaint lodged with the Bar Association has resulted in repnmand,
suspension, or disbarment of an attorney providmg services under tlus Agreement
SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS
All official nohces under this Agreement shall be delivered to the followmg addresses (or such
other address(es) as either party may designate m wntmg)
If to Citv
City of Bremerton
345 6 th Street, Suite 600
Bremerton, WA 98337
If to the Public Defender
Bremerton Defenders, PLLC
569 Division Street, Suite A
Port Orchard, WA 98366
SECTION 9: OTHER EMPLOYMENT
The Public Defender agrees that its legal staff assigned to the Bremerton Mumcipal Court shall
have as their pnmary employment representation of mdigent clients m Bremerton Mumcipal
Court The Public Defender further agrees that it will abide by all provisions of tlus Agreement
regardmg Personal Performance of this Agreement
SECTION 10: CORRECTIVE ACTION
If the Crty believes that a breach of this Agreement has occurred, and if the Crty believes said
breach to warrant corrective achon, the followmg sequential procedure shall apply
A The City will notify the Public Defender m wntmg of the nature of the breach,
B The Public Defender shall respond m wnhng within three (3) working days of its receipt
of such nohficahon, which response shall indicate the steps bemg taken to correct the specified
deficiencies, and the proposed complehon date for bnnging the Agreement into compliance,
which date shall not be more than ten (10) working days from the date of the Public Defender's
response,
C. The City will notify the Public Defender m wnting of the City's determmation as to the
sufficiency of the Public Defender's corrective action plan The determination of the sufficiency
of the Public Defender's corrective action plan will be at the sole discretion of the City, however,
the Crty's determmahon of the sufficiency of the Public Defender's corrective action plan shall
take into consideration the reasonableness of the proposed corrective action, m light of the
alleged breach In all cases where corrective action is determmed by the City to be appropnate,
the City shall work with the Public Defender to implement the plan,
9 Public Defense
D In the event that the Public Defender does not respond withm the appropnate time with
the corrective action plan, or the Public Defender's corrective action plan is determined by the
Crty to be msufficient, the Crty may commence termmation of tlus Agreement m whole or m part
pursuant to Section 11 (A) Terminahon and Suspension,
E In addition, the City may wrthhold any payrnent owed the Public Defender or prohibit the
Public Defender from mcurnng addrtional obligations of funds until the Crty is satisfied the
corrective action has been taken or completed, and
F Nothmg herem shall be deemed to affect or waive any nghts the parties may have
pursuant to Section 13 Termmation and Suspension
SECTION 11: TERMINATION AND SUSPENSION
A Either party may termmate this Agreement for convemence upon one hundred twenty
(120) days pnor written notice The Crty may term�nate this Agreement in whole or m part upon
ten (10) days' wntten nohce to the Public Defender in the event
1 The Public Defender substantially breaches any duty, obligation, or service
required pursuant to this Agreement
2 The duties, obhgations, or services herem become impossible, illegal, or not
feasible
3 The City determmes that the Public Defender Services are no longer necessary
Before the City terminates this Agreement pursuant to subsection 11 (A) Terminahon and
Suspension, the City shall provide the Public Defender wntten nohce of termination, which
notice shall mclude the reasons for terminahon and the effective date of termination The Public
Defender shall have the opportunrty to submit a wntten response to the City withm (10) workmg
days from the date of the City's notice If the Public Defender elects to submit a wntten
response, the Contract Admimstrator will review the response and make a determmahon withm
ten (10) days after receipt of the Public Defender's response
In the event this Agreement is termmated m whole or m part pursuant to Subsection A(1) of this
Section, the Publtc Defender shall be hable for damages, includ�ng the reasonable costs of the
procurement of similar services from another source unless it is determined by the Contract
Admmistrator that (i) no default actually occurred, or (ii) the failure to perform was without the
Public Defender's control, fault or negligence
B In the event that for any reason, expected or actual funding from any source, not to
mclude fundmg appropnated by the City from City funds, shall be reduced, withdrawn,
suspended, or otherwise not available, the City may suspend or termmate any portion of this
Agreement which relies on the reduced, wrthdrawn, suspended, or otherwise unavailable funds
The City will notify the Public Defender m wnting that the specific fundmg is no longer
available for all or part of this Agreement, and upon receipt of such notice, the Public Defender
10 Public Defense
will be released from performmg the services required under the terms of this Agreement which
rehed upon such funding The Crty will be released from contracted habilrty wrth the Pubhc
Defender for cases not yet assigned pursuant to portions of this Agreement for which funds have
not been received by the City
In the event that any such termination or suspension is required, the termination or suspension of
services required to be performed under the terms of this Agreement shall be limited to such
services that directly rely on such funding, the balance of this Agreement shall remam in full
force and effect
C In the event of the termmation or suspension of tlus Agreement, the Public Defender
shall, at the City's discretion, receive payment for the a three month transition penod following
termination of the Agreement on a decreasmg schedule of 75% for the first month, 50% for the
second month and 25% for the third month
D In the event that terminahon is due to misappropnation of funds, non-performance of the
scope of services, or fiscal mismanagement, the Public Defender shall return to the City those
funds, unexpended or misappropnated, which, at the time of termmahon, have been paid to the
Public Defender by the City
E Otherwise, this Agreement shall terminate on the date specified herem, and shall be
sub�ect to extension only by mutual agreement of both parties hereto in wnting
F Nothmg herem shall be deemed to constitute a waiver by either party of any legai nght or
remedy for wrongful termmarion or suspension of the Agreement
G In the event of termmation, suspension, or non-renewal of this Agreement, all cases not
required to be completed by the Public Defender shall be returned to the Contract Admmistrator
for reassignment
SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION)
The Public Defender shall address questions or claims regardmg meaning and intent of the
Agreement or arising from this Agreement m wnting to the City Contract Admmistrator, within
ten (10) calendar days of the date m which the Public Defender knows or should know of the
question or claim The Crty will ordmanly respond to the Pubhc Defender m wntmg wrth a
decision, but absent such wntten response, the question or claim shall be deemed demed upon
the thirtieth day followmg receipt by the City
SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY
The Public Defender shall not discnmmate agamst any employee or applicant for employment
because of race, religYOn, creed, age, color, sex, mantal status, sexual onentation, gender identity,
political ideology, ancestry, nahonal ongm, or the presence of any sensory, mental or physical
handicap, unless based upon a bona fide occupational qualification
11 Public Defense
SECTION: 14 OTHER LEGAL REQUIREMENTS
A General Requirement The Public Defender, at no expense to the City, shall comply with
all applicable laws of the United States and the State of Washmgton, the Charter and ordmances
of The City of Bremerton, and rules, regulations, orders, and directives of their admmistrative
agencies and the officers thereof Without limiting the generality of this paragraph, the Public
Defender shall specifically comply with the followmg requirements of this section
B Licenses and Similar Authonzations The Public Defender, at no expense to the City,
shall secure and mamtam in full force and effect dunng the term of tlus Agreement all required
licenses, permits, and similar legal authonzations, and comply with all requirements thereof
SECTION 15: INDEMNIFICATION
The Public Defender does hereby release and shall defend, mdemnify, and hold the City and its
employees and agents harmless from all losses, liabilities, claims (includmg claims arismg under
federal, state or local environmental laws), costs (includmg attorneys' fees), actions or damages
of any sort whatsoever ansmg out of the Public Defender's performance of the services
contemplated by this Contract to the extent attributable to the acts or omissions, misconduct or
breach of this Agreement by the Public Defender, its servants, agents, and employees In
furtherance of these obligahons, and only with respect to the City, its employees and agents, the
Public Defender waives any immunrty rt may have or limrtation on the amount or type of
damages imposed under any mdustrial msurance, worker's compensation, disability, employee
benefit or similar laws The Public Defender acknowledges that the foregoing waiver of
immumty was mutually negotiated and agrees that the mdemmficahon provided for m this
section shall survive any termination or expiration of this Agreement
SECTION 16: INSURANCE
Insurance certification required. The Public Defender must carry the followmg coverages
and limits of liabilrty
• Professional Liabilrty (Errors, and Omissions) for attorneys wrth a mmimum hmrt of
liability of $500,000 each claim
• Workers' Compensation per statutory requirements of the Washmgton mdustnal
msurance RCW Title 51
SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS
A These records shall be mamtamed for a penod of (6) years after termination hereof unless
permission to destroy them is granted by the Office of the Archivist m accordance with RCW
Chapter 40 14
B Willful failure to mamtam or produce records or other required documentation dunng the
hme for mamtenance of records may result m specific, related costs bemg disallowed In the
12 Public Defense
event the City has reason to believe that such a failure exists, notice shall be given to the Public
Defender and the Public Defender shall respond in wrihng The time for nohfication and
response shall be the same as set forth m Section 11 (A)
SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS
A The Public Defender must ensure that the City has full access to matenals necessary to
venfy compliance with all terms of tlus Agreement At any hme, upon reasonable nohce during
business hours and as often as the City may deem necessary for a penod of six (6) years, the
Public Defender shall provide to the City nght of access to its facilihes, including those of any
subcontractor, data, and other data relatmg to all matters covered by this Agreement Provided
that if any such data, records or matenals are subJect to any pnvilege or rules of confidentiality
the Public Defender must maintam such data m a form or manner to provide same to the City
that will not breach such confidentiality or pnvilege
The Public Defender shall mamtam such data and records m an accessible location and condition
for a period of not less than six (6) years followmg the receipt of final payrnent under this
Agreement, unless the City agrees in wnting to an earlier disposrtion
The Public Defender agrees to cooperate with the City or its agent in the evaluation of the Public
Defender's performance under this Agreement and to make available all mformation reasonably
required by any such evaluation process or ongomg reportmg requirements established by the
City The results and records of said evaluations and reports shall be mamtamed and disclosed in
accordance with RCW Chapter 42 17
Notwithstandmg any of the above provisions of this paragraph, all Constitutional, statutory,
and common law nghts and pnvileges of any mdigent client are not waived Provided
further that nothmg m this section shall require the disclosure of the names of any client
represented pursuant to RCW 13 34 et seq, or RCW 71 02 et seq, or RCW 71 OS et seq
B All such reports as are required under the terms of this Agreement shall be submitted to
the City via electromc media (e-mail attachment or diskette) withm the time limits for each
report
SECTION 19: CONTRACTUAL RELATIONSHIP
The relahonship of the Public Defender to the City by reason of this Agreement shall be that of
an mdependent contractor This Agreement does not authonze the Public Defender to act as the
agent or legal representative of the City for any purpose whatsoever and neither the Public
Defender nor its employees shall be deemed employees of the City The Public Defender is not
granted any express or implied nght or authonty to assume or create any obligation or
responsibility on behalf of or m the name of the City or to bind the City m any manner or thmg
whatsoever It is expressly understood and agreed that the Public Defender and the Public
Defender's employees shall m no event be entitled to any benefits to which City employees are
entitled, mcludmg, but not limited to overtime, any retirement benefits, worker's compensation
benefits, and m�ury leave or leave benefits The Public Defender shall complete this Agreement
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accordmg to the Public Defender's own means and methods of work, which shall be m the
exclusive charge and control of the Public Defender and which shall not be sub�ect to control or
supervision by the City, except such requirements for performance as are specified in this City
The Public Defender agrees that it has secured or will secure at the Public Defender's own
expense, all persons, employees, and equipment required to perform the services
contemplated/required under this Agreement
SECTION 20: ASSIGNMENT AND SUBCONTRACTING
The Public Defender shall not assign or subcontract any of its obligations under this Agreement
without the City's wntten consent, which may be granted or withheld m the City's sole
discrehon Said consent must be sought in wnting by the Public Defender not less than fifteen
(15) days pnor to the date of any proposed assignment Any subcontract made by the Public
Defender shall incorporate by reference all the terms of this Agreement The Public Defender
shall ensure that all subcontractors comply with the obligahons and requirements of the
subcontract The City's consent to any assignment or subcontract shall not release the Public
Defender from liability under this Agreement, or from any obligation to be performed under this
Contract, whether occumng before or after such consent, assignment, or subcontract
SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES
A The Public Defender shall promptly notify the City in wntmg of any person who is
expected to perform any of the Work funded by this Agreement and who, dunng the twelve (12)
months immediately pnor to the expected commencement date of such work or subcontract, was
a City officer or employee
B The Public Defender shall ensure that no Work or matter related to the Work funded by
this Agreement is performed by any person (employee, subcontractor, or otherwise) who
(1) was a City officer or employee withm the past twelve (12) months, and
(2) as such was officially mvolved m, participated m, or acted upon any matter
related to the Work
SECTION 22: NO CONFLICT OF INTEREST
The Public Defender confirms that the Public Defender does not have a busmess mterest or a
close family relationship with any City officer or employee who was, is, or will be mvolved m
the Public Defender selection, negotiation, drafting, sigmng, admmistration, or evaluating the
Public Defender's performance As used m this section, the term "Public Defender" shall include
any employee of the Public Defender who was, is, or will be mvolved m the negohation,
draftmg, sigmng, admmistration, or performance of the Agreement As used m this sechon, the
term "close family relationship" refers to the followmg spouse or domestic partner, any
dependent parent, parent-m-law, child, son-m-law, or daughter-m-law, or any parent, parent-m-
law, siblmg, uncle, aunt, cousin, mece or nephew residing m the household of a City officer or
employee descnbed above
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SECTION 23: ERRORS & OMISSIONS; CORRECTION
The Public Defender shall be responsible for the professional quality of all services furnished by
or on the behalf of the Public Defender under this Agreement The Public Defender, without
additional compensation, shall correct or revise any Public Defender services immediately upon
notification by the City The obligation provided for in this sechon with respect to any acts or
omissions dunng the term of this Agreement shall survive any termmation or expiration of this
Agreement
SECTION 24: CONFIDENTIALITY
The parties agree that they will not permit the duplicahon or disclosure of any information
designated in advance by the other party as "Confidential and Propnetary" to any person (other
than its own employee, agent, or representative who must have such mformation for the
performance of that party's obligahons hereunder) unless such duplication, use or disclosure is
specifically authonzed in wntmg by the other party or is required by law "Confidential and
Propnetary" information does not mclude ideas, concepts, know-how or techmques related to
mformation that, at the time of disclosure, is in the public domam unless the entry of that
mformation mto the public domam is a result of any breach of this Agreement Likewise,
"Confidenhal and Propnetary" mformation does not apply to mformation that is mdependently
developed, already possessed without obligation of confidentiality, or nghtfully obtained from a
third party without an obligation of confidentiality
SECTION 25: EXTRA WORK
The City may desire to have the Public Defender perform work or render services m connection
with this proJect other than that expressly provided for in the "Scope of Work" section of this
Agreement This will be considered extra work, supplemental to this Agreement, and shall not
proceed unless authonzed by an amendment Any costs mcurred due to the performance of extra
work pnor to execution of an amendment will not be reimbursed under this Agreement or an
amendment
SECTION 26: MISCELLANEOUS PROVISIONS
A Amendments No modification of this Agreement shall be effective unless in wnting and
signed by an authonzed representahve of each of the parties hereto
B Bmdm�greement This Agreement shall not be bmdmg until signed by both parties
The provisions, covenants and conditions m this Agreement shall bind the parties, their legal
heirs, representatives, successors, and assigns
C Applicable LawNenue This Agreement shall be construed and mterpreted in
accordance with the laws of the State of Washmgton. The venue of any action brought
hereunder shall be m the Supenor Court for Kitsap County
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D Remedies Cumulative Rights under this Agreement are cumulative and nonexclusive of
any other remedy at law or m equity
E Captions The titles of sechons are for convemence only and do not define or limit the
contents
F Severabilitv If any term or provision of th�s Agreement is determmed by a court of
competent �unsdiction to be mvalid or unenforceable, the remainder of this Agreement shall not
be affected thereby, and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law
G Waiver No covenant, term or condition or the breach thereof shall be deemed waived,
except by written consent of the party agamst whom the waiver is claimed, and any waiver of the
breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or
succeeding breach of the same or any other covenant, term or condition Neither the acceptance
by the City of any performance by the Public Defender after the time the same shall have
become due nor payment to the Public Defender for any portion of the Work shall constitute a
waiver by the City of the breach or default of any covenant, term or condihon unless otherwise
expressly agreed to by the City, in wntmg
H Entire A�reement This document, along with any exhibits and attachments, conshtutes
the enhre Agreement between the parties with respect to the Work No verbal agreement or
conversation between any officer, agent, associate or employee of the City and any officer,
Public Defender, employee or associate of the Public Defender pnor to the execution of this
Agreement shall affect or modify any of the terms or obligations contamed in this Agreement
I Negotiated A�eement The parties acknowledge that this is a negohated agreement, that
they have had the opportumty to have this Agreement reviewed by their respective legal counsel,
and that the terms and conditions of this Agreement are not to be construed agamst any party on
the basis of such party's draftsmanship thereof
J Polrtical ActivrttiProhibrted None of the funds, matenals, property, or services provided
directly or mdirectly under this Agreement shall be used m the performance of this Agreement
for any partisan political activity or to further the election or defeat of any candidate for public
office
K Secuntv Access City shall provide Public Defender three (3) access codes for entry mto
the court facility after hours, except that the Public Defender shall provide the names of those
individuals who will use the access codes
L Parkm� City shall provide two (2) parking slots near the Mumcipal Court for Public
Defender Staff
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IN WITNESS WHEREOF, m considerahon of the terms, conditions, and covenants contamed
herem, or attached and incorporated and made a part hereof, the parties have executed this
Agreement by havmg their representatives affix their signatures below
CITY OF BREIVIERTON BREMERTON DEFENDERS, PLLC
y� �
PATTY L , AYOR By �
Its
Date �� 3 ' �� Date � �
APPROVED AS TO FORM
R er A Lubovic , Crty Attorn
R\Legal\Legal\Contracts mcipal Court�Publ�c Defender 2011 - Bremerton Defenders - F�nal doc
17 Public Defense