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HomeMy WebLinkAbout5055Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : , 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 1 2 3 3 5 7 8 9 9 9 10 11 11 12 12 12 12 13 13 14 14 14 15 15 15 15 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 ��yC�l f1�1���Zi1:3i�C�l����������I,��1�7:�7�� 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 13 Public Defense 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 14 Public Defense 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 15 Public Defense 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 16 Public Defense 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