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HomeMy WebLinkAbout09/19/2012 AGENDA t I 9 GQ�ir OL' �i CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 SEPTEMBER 19, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 PUBLIC RECOGNITION 4 MAYOR'S REPORT 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — September 5, 2012 C Minutes of Study Session — September 12, 2012 D Bremerton Kitsap Access Television (BKAT) Service Contract with City of Bainbridge Island for 5 -Year Term (2013 - 2017) E Goods and Services Agreement with H D Fowler Company for purchase of Water System Pressure Regulating Valve System 6 GENERAL BUSINESS A Professional Services Agreement with Cross, LaCross, and Murphy, PLLC for Public Defense Services 7 COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSION — 20- minutes to discuss "Potential Litigation" per RCW 42 30 110 (1)(1) (Action will be taken ) 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here, please be aware that per the Bremerton City Council Rules & Procedures, discussion of ballot issues is prohibited after the issue has qualified for the ballot; and all announcements or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD v ,' 4 o-k" a -4 : T aH /K1 , ( Z C 51 REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON 5A CITY COUNCIL ■• rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date September 19, 2012 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1) Check #'s 350001 through 350217 and EFT's 12147 through 12182 in the amount of $2,176,518 09 2) Regular Payroll for the pay period ending September 15, 2012 in the amount of $681,682 56 STUDY SESSION ACTION: ® Conqqnt Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 114/12 AGENDA BILL CITY OF BREMERTON 513 CITY COUNCIL ■■rerMreMeMenewe Mae arnr■ err■■ None MeMrreMMeaMaaaaaMrMeMrrMaaa ■MMMeMeMeMMMMMmong@M■mmonswo SUBJECT: City Council Minutes for COUNCIL MEETING Date r /9 �e �� Department. CitY'Councd Sepfei S� a.o,� Presenter- Jim McDonald Council President Phone• 360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: [Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/1812011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 5, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, September 5, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Reverend Debbie Little of First Christian Church SHORELINE MASTER PROGRAM UPDATE Nicole Floyd City Planner II, Community Development, provided a presentation on the Shoreline Master Program Update regarding "Non - conformities", and noted that an amendment was made to the Shoreline Master Program meeting schedule to add one more workshop on September 12 and change the Public Hearing date to October 3 More information including the updated schedule of remaining presentations can be found at SMPQci bremerton wa us Comments were provided by Alan R. Beam (a letter was also provided for the record), William A. Palmer President, Kitsap Alliance of Property Owners, Jackie Rossworn Executive Director, Kitsap Alliance of Property Owners (a letter was also provided for the record), and Teresa Osinski Kitsap Home Builders Association A letter was also previously received by David Thomas President McDonald reminded anyone planning to speak tonight during Public Recognition that per the B_ remerton City Council Rules & Procedures no comments will be taken regarding any items on the current ballot PUBLIC RECOGNITION Mike Walton Marketing Director of the Kitsap Family YMCA, reported on the activities and upcoming events at the "Y" Robert Parker presented pictures to express his concern about the recent chalk markings left on local businesses, which he feels is vandalism Taylor Niemy stated that he was not responsible for the Charleston chalking, and that he can only be responsible for his own actions He believes that by not allowing him to use sidewalk chalk to express himself, the City is preventing him from his First Amendment Right of Freedom of Speech Mayor Lent indicated that a permit application was sent to Mr Niemy Vern LaPrath stated that he will begin attending Bremerton School District Board meetings to assure tax payer money used to repair school buildings is being spent wisely, suggested that through his own research, he discovered there are roofs available that are guaranteed to last 50+ years, did not feel hiring a City Manager with such a high salary was justified when citizens could not get minimal items such as speed humps due to lack of funds, and lastly, believed that to deface property, even with chalk, is still wrong City Council Reg Mtg Minutes Wednesday, September 5, 2012 Page 2 of 4 Kimberly Faulkner President of Bremerton Foodline, invited the community to attend the "Annual Empty Bowl Dinner" at 2 00 PM on Saturday, September 22 at Our Saviour's Lutheran Church located at 11" & Veneta Tickets are $15, includes a bowl that you get to keep, and all proceeds would benefit the Bremerton Foodline Tickets will be sold during the First Friday Art Walk at various locations MAYOR'S REPORT Mayor Patty Lent • Presented a "Mayor's Appreciation Award' to Paul Fukuhara and members of Silverdale Baptist Church who volunteered for a large clean -up project at Lions Park, • Presented a "Mayor's Citizen Recognition Certificate►' to Marion "Mick" Hersey and sailors from the USS Reagan for recent clean -up efforts at Hal's Corner, • Announced that the Annual "Beautify Bremerton - All City Clean-U#' will be held on Saturday, September 15 from 8 00 AM to 2 00 PM, and garbage will be accepted at the Public Works and Utilities Olympus Facility and yard waste will be accepted at View Ridge Elementary School, and • The Kitsap Pumas will be providing free coaching and workshops for community youth City Clerk Shannon Corin announced that Item 6G on the Consent Agenda was pulled down and is now Item 7A under General Business, and former Item 7A is now 7B CONSENT AGENDA 6A Check Numbers 3498000 through 350000, and EFT -12100 through EFT -12146 in the amount of $1,612,453 71, Regular Payroll for the pay period ending August 15, 2012 in the amount of $712,032 04, Regular Payroll for the pay period ending August 31, 2012 in the amount of $745,019 87, and Retiree Payroll for the pay period ending August 31, 2012 in the amount of $87,293 23 6B Minutes of Meeting — August 15, 2012 6C Minutes of Study Session — August 22, 2012 6D Bid Award to PRC Maintenance & Construction, Inc for Fire Station No 2 Composition Roof Replacement 6E Ordinance No 5193 amending Chapter 1 06 of the Bremerton Municipal Code (BMC) relating to Public Records 6F Professional Services Agreement with AECOM for the Gorst Creek Watershed Comprehensive Plan 06:42:57 M /S /C /U (Runyon /Brockus) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 7A — RESOLUTION NO. 3179 TO RENAME SUMAC STREET TO "NATHAN ADRIAN DRIVE " : Mayor Patty Lent was pleased to honor Bremerton native and local swimmer Nathan Adrian for his achievement as a gold medalist in the 2012 London Olympic Games with the action proposed before Council to pass Resolution No 3179 renaming Sumac Street to "Nathan Adrian Drive" Jim and Cecilia Adrian commented and thanked the City, and read a letter from their son Nathan who also thanked the City for their support and for recognizing his achievements City Council Reg Mtg. Minutes Wednesday, September 5, 2012 Page 3 of 4 06:48:50 Motion was made by Daugs, and seconded by Brockus 06:50:45 M/S /C /U (Daugs /Brockus) Move to pass Resolution No 3179 renaming Sumac Drive to "Nathan Adrian Drive" 713 — REAL ESTATE PURCHASE & SALE AGREEMENT AND AMENDMENT NOS. 1 AND 2 FOR SALE OF PARK AVENUE PAD TO LORAX PARTNERS LLC; AND PARKING LEASE AGREEMENT: Gary Sexton Project Manager, explained that on August 2, 2010, the City and Lorax Partners, LLC entered into an agreement for the sale and purchase of an airspace pad located at the property known as Park Avenue Plaza On July 19, 2011, the parties entered into Amendment No 1 to the Agreement to defer payment owed to Lorax Partners, LLC from the sale of the cinema pad The parties now desire to enter into Amendment No 2 to the Agreement and authorize the sale of the residential pad and the execution of a related parking agreement with Lorax Partners, LLC There were no comments from the public. 06:56:30 Motion to approve the agreement with amendments was made by Runyon, and seconded by Wofford Comments and questions were provided by Runyon, Wheeler, and Younger Responses were provided by Gary Sexton and Becky Hasart, Financial Services Director 07:12 :23 M /S /C /U (RunyonMofford) Move to approve the Real Estate Purchase & Sale Agreement for sale of Park Avenue pad to Lorax Partners, LLC, the amendments to Agreement and further authorize the Mayor to finalize and execute Amendment No 2 to Agreement, and further to negotiate and execute a Parking Agreement or Lease, subject to bond counsel approval, with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Leslie Daugs enjoyed attending the recent AmenCorps Recognition Ceremony, mentioned the 2012 Kitsap Aids Walk would begin on the Louis Mentor Boardwalk at 11 00 AM on Saturday, September 15, and the Kitsap Habitat for Humanity "Raise the Roof Gala" fundraising event would be celebrating 20 -years on Saturday, September 22 from 6 00 to 9 00 PM with dinner and no host bar at the Kitsap Conference Center Adam Brockus announced that the Annual Manette Fest will be held this Saturday from 8 30 AM to 4 00 PM with events including a Fun Run, the Pancake Breakfast, Vendor Booths, Live Music, and Tiny Parade The Manette Saloon will offer a beer garden, and a new Thai restaurant may be open at the former location of The Patio Roy Runyon reiterated information about the upcoming Empty Bowl Fundraiser to benefit the Bremerton Foodline on Saturday, September 22 at 2 00 PM at Our Saviour's Lutheran Church located at 11 Street & Veneta Avenue Greg Wheeler encouraged the public to try to visit the Bremerton Farmers Market before their 2012 season comes to an end, and also to participate in the First Friday Art Walk event Faye Flemister thanked Mayor Lent for acknowledging all of the volunteers in Bremerton, and also thanked those who we do not even see or hear about She was also excited to see the growing list of volunteers of those wanting to help with the new Lillian A & James Walker Park City Council Reg Mtg Minutes Wednesday, September 5, 2012 Page 4 of 4 Eric Younger enjoyed the recent tour of the Port of Bremerton facilities last Wednesday Nick Wofford also encouraged the public to participate in the First Friday Art Walk and Empty Bowl fundraiser, and thanked the many volunteers for their service to the community Jim McDonald thanked Public Works Director Chal Martin and PW staff for the great fob they have done on some large projects recently completed, including the Crosstown Pipeline Repair Project and Sidewalks at Armin Jahr Elementary School With no further business, President McDonald adjourned the Council Meeting at 7 25 PM Pre d and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeemeeeeeemsemememeeemeeeemmVon mmmmeemm mass mmmmemeeeeeemeemememm memo own ememmmee man meee SUBJECT: City Council Minutes for COUNCIL MEETING Date. Department • _ City Council SePter,,,6�. �,, X11 Presenter Jim McDonald Council President Sfkd, SeSS�,ov�, Phone- _(360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: ['Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDEN COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action_ Form Updated 4/1812011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES September 12, 2012 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, Wednesday, September 12, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs. Council Member Carol Arends was absent Lori Smith, Legislative Assistant, was present to provide staff support President McDonald emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, no action was anticipated during the Study Session, and the content of these items is subject to change Approved items by Council will be placed on the September 19, 2012 Council Meeting Agenda, or as indicated. A NO PRESENTATIONS - The following items are budgeted items and /or have been reviewed by the appropriate Council Committee - 1 Bremerton Kitsap Access Television (BKAT) Service Contract with City of Bainbridge Island for 5 -Year Term (2013 - 2017) — Charleen Burnette, BKAT Public Access Manager Consent Agenda 2 Goods and Services Agreement with H D Fowler Company for purchase of Water System Pressure Regulating Valve System — Kathleen Cahall, Water Resources Manager Consent Agenda B FULL DISCUSSION ITEMS 3 Shoreline Master Program Presentation "Recap and Provisions" — Nicole Floyd, City Planner II Information only 4 Ordinance amending Bremerton Municipal Code (BMC) Section 10 11 050 entitled "Definitions ", and Section 1 11 010 entitled "Parking Violations" relating to parking restrictions for vehicles — Shannon Conn, City Clerk Postponed to September 26 Study Session 5 Professional Services Agreement for Public Defense Services — Shannon Corm, City Clerk General Business 6 Resolution authorizing a Sole Source Contract with Columbia Hospitality, Inc for management of the Gold Mountain Golf Club — Becky Hasart, Financial Services Director General Business, October 3 7 Briefing on a proposed ordinance to revise the City of Bremerton B & O Tax Code — Becky Hasart, Financial Services Director General Business, October 17 8 Ordinance amending Section 2 03 010 of the Bremerton Municipal Code relating the Mayor's Compensation — Roy Runyon, Council Member General Business, October 17 C GENERAL COUNCIL BUSINESS Council Committee Chair Reports were provided, and General Council Business was briefly discussed City Council Study Session Minutes Wednesday, September 12, 2012 Page 2 of 2 With no further business, the Council Study Session was adjourned at 8 55 PM Pre red and Submitted b LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC Is cg i AGENDA BILL D CITY OF BREMERTON CITY COUNCIL eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeee SUBJECT: 5 year Contract for BKAT Study Session Date Sept, 12, 2012 Services with the City of Bainbridge Island COUNCIL MEETING Date _ Sept 19, 2012 2013-2017 Department Finance Presenter Charleen Burnette Phone 308 -0139 SUMMARY: BKAT will provide services to the City of Bainbridge Island in the form of airing the City Council Meetings and Study Sessions LIVE and recording them for re -amng at specified times The contract has a 5 year term, 2013 — 2017 ATTACHMENTS: Contract for Services with the City of Bainbridge Island FISCAL IMPACTS (Include Budgeted Amount) $30,000 for 2013 with a CPI increase January 1 each year thereafter through 2017 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY �-- FINANCE DIRECTOR MAYOR _ RECOMMENDED MOTION: Authorize the Mayor to finalize and execute the agreement with City of Bainbridge Island with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT CITY OF BAINBRIDGE ISLAND This Bremerton Kitsap Access Television Service Contract (this "Agreement ") is made and executed on this day of , 2012 by and between the City of Bremerton (hereinafter referred to as "Bremerton "), which operates Bremerton Kitsap Access Television (hereinafter referred to as `BKAT") and the City of Bainbridge Island (hereinafter referred to as `Bainbridge "). Bremerton and Bainbridge hereby agree as follows. Section 1. Scone of Services Bremerton, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT), shall provide governmental access television services, including but not limited to, video production and program scheduling related to Bainbridge commitments as outlined in this Agreement. BKAT will post the Council meetings and study session agendas on the BKAT readerboard. BKAT shall provide technical support, consultation; pre - production and post- production services and properly trained staff BKAT's specified numbers of service commitments covered by this Agreement are herein established. City of Bainbridge Island Commitments 3 Number per Descriiption Location Schedule Year City Council Meetings City Council Second & Fourth 24 Chambers Wednesdays City Council Study Session City Council First & Third 24 Meetings Chambers Wednesdays Extra City Meetings, Public City Council As requested 4 Hearings and/or Study Chambers Sessions TOTAL 52 All meeting hours include portal to portal charges Bainbridge Island shall retain control over program content and designate one person to authorize and schedule programs produced under this Agreement BKAT shall provide production and playback of regularly scheduled City Council study sessions and meetings. Production requests by Bainbridge beyond the scope of this Agreement will be taken on a per production basis. Fees for these services are separate from this Agreement and shall be determined by the applicable rate structure as published by BKAT. Production schedules and timelines for services beyond the scope of this Agreement shall be determined by the Parties at the time of request. Bainbridge shall have total control over content of special productions. BKAT will work with Bainbridge to establish regular, consistent playback tunes for programs produced under this Agreement Once scheduled, program times shall not be moved, altered or deleted without the consent of Bainbridge. Section 2. Payment Obligations In consideration of the services provided pursuant to this Agreement, Bainbridge shall pay Bremerton an annual amount of $30,000.00 Effective on January 1 of each year thereafter, the amount will be adjusted by the June to June Seattle - Tacoma- Bremerton CPI -U index. In no instance shall the recalculated fee drop below $30,000 00 Services rendered beyond the scope of this Agreement, as set forth in Section 1, shall be billed in addition to the annual amount at the rates established and published by BKAT. Bainbridge shall make funds available to Bremerton as follows. On a monthly basis, no later than the last claims batch of each month, Bainbridge shall pay Bremerton 1 /12' of the current annual amount as specified herein A monthly invoice will not be provided. It is the responsibility of Bainbridge to ensure payments are initiated and completed in a timely manner and in no event shall payment be processed later than the last claims batch of each month Section 3. Term. This Agreement shall be for a period of five (5) years commencing January 1, 2013 and terminating December 31, 2017 Section 4. Termination. Either party to this Agreement may terminate the agreement without cause upon giving one hundred twenty (120) days' written notice to the other party Section 5. Severability. Should any part of the Agreement be found void, the balance of the Agreement shall remain in full force and effect Section 6. Indemnify and Hold Harmless The Parties shall each mdemn4, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non performance of their respective responsibilities as set out in this Agreement. However, in the event of litigation to enforce any of the terms or provisions of the Agreement herein, each party shall pay all its own costs and attorney's fees. Section 7. Notices. All notices and other communications to be given by either party may be given in writing to the appropriate party as follows: Public Access Manager City Manager U A I City of Bainbridge Island (Bremerton Kitsap Access Television) 280 Madison Ave N 7266 Tibardis Rd NW Bainbridge Island, WA 98110 Bremerton, WA 98311 Section 8. Compliance with Laws The Parties shall comply with all applicable Federal, State, and local laws in performing their obligations under this Agreement. Section 9. Choice of Law and Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in the Kitsap County Superior Court Section 10. Assignment. Any assignment of any portion of this Agreement shall not be made without the written consent of both Parties Section 11. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right of power arising out of this Agreement shall not be deemed waiver of any other right or power CITY OF BREMERTON CITY OF BAINBRIDGE ISLAND Patty Lent, Mayor Morgan Smith, Interim City Manager APPROVED AS TO FORM Roger A. Lubovich, City Attorney AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeee eeesoeeoeeeeeeeeeeeeeeeeeeeeeeeseeee ■■eseeeeeeeeee SUBJECT: Study Session Date September 12, 2012 Purchase of Water System Pressure COUNCIL MEETING Date September 19, 2012 Regulating Valve System Department Public Works & Utilities • Presenter Kathleen Cahall, Water y Resources Manager C Phone 473 -2315 SUMMARY: Automatic control valves are critical system components for maintaining adequate pressure and flows This new pressure regulating valve (PRV) will replace and relocate an older PRV installation on Price Road The new installation will provide more reliable pressure control and can be better secured than the current configuration Additionally, employee safety will be enhanced with more working space, a more appropriate location, and lighter weight vault lid ATTACHMENTS: Goods and Services Agreement FISCAL IMPACTS (Include Budgeted Amount) The purchase cost of this package PRV is $26,256 41 + tax This project was budgeted in the Water Utility Capital Improvement Plan APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR( > RECOMMENDED MOTION: Recommend to approve the goods and services agreement for H D Fowler Company and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: 9Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT 1 y" 6 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 GOODS AND SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporate i ) andH D Fowler Company, ("Vendor"), whose mailing address is 4303 State Highway 3W, Bremerton, WA 98312 The parties agree as follows 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City Provide Pressure Reducing Valve (PRV) as described in the attached "GCS Package Type Control Valve Station" and Drawing #10805 -51 2. TIME OF COMPLETION Vendor shall complete the work and provide all goods, materials and services within 90 calendar days from the date all parties have signed this Agreement 3. COMPENSATION. The City shall pay the Vendor the total amount not to exceed $30,000, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement , A Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor 4 INDEPENDENT CONTRACTOR Contractor is and shall beat all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and subcontractors 5. TERMINATION. The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement B The Vendor's failure to complete this Agreement within the time specified in this Agreement C The Vendor's failure to make full and prompt payment to subcontractors or for material or labor D The Vendor's failure to complete with federal, state or local laws, rules or regulations E The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials and services required by this Agreement are completed and fully performed 6. CHANGES The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written changeorder If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall 1 Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor's protest b The nature and circumstances thatcaused the protest c The provisions in this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Vendor's records needed for evaluatug the protest The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Vendor's Duty to Complete Protested Work In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement C Vendor's Acceptance of Changes The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract tune and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim At a minimum, a Vendor's wr►tte claim must include the information set forth regarding protests in Section 6(A)(2)(a) -(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM'WiTHIN THE TiME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete 8. WARRANTY The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction 9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent.jur►sd►ction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligaice of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THiS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement 10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, and employer's liability Any payment of deductible or self insured retentnn shall be the sole responsibility of the Vendor All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or sut is brought, except with respects to the limits of the insurer's liability The Vendor's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473 -5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 11. MISCELLANEOUS A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B &O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent B Conflict and Precedence In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence 1 Addenda, if any, 2 Contract, 3 Specifications, 4 Terms and Conditions, 5 Contractor's proposal C Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to 1 Terms and Conditions, 2 Specifications, 3 Proposal, and 4 Non - Collusion Affidavit D Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement F Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work G Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under thejurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington H Attorney's Fees in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement I Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement Notices to be sent to Notices to be sent to VENDOR CITY Attn H D Fowler Company Attn K Cahall 4303 State highway 3 W Water Resources Division Bremerton, WA 98312 City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 J Assi,nment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void K Modification No waiver, alteration, or modification of any of the provisions ofthis Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor L Severab►lity If anyone or more sections, sub - sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect M Entire Agreement The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement This Agreement and any attached Exhibits contain the entire Agreement between the parties Should any language in any Exhibit to this Agreement conflict with any language contained in this - Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this Agreement VENDOR CITY City of Bremerton By B Print Name Print Name Its Its Date Date APPROVED AS TO FORM By Bremerton City Attorney ATTEST By City Clerk GCS PACKAGE TYPE CONTROL VALVE STATION PART 1 GENERAL 1.1 Scope A Work covered in this section includes furnishing, installing, start-up and operation training for a package type Pressure Reducing Valve (PRV) station B All equipment specified in this section shall be furnished by one manufacturer 1.2 Reference Specifications, Codes, and Standards A Codes and Standards — Comply with the provisions of the following codes, standards and specifications, except as otherwise shown and specified AISC — "Specifications for the Design, Fabrication and Erection of Structural Steel for Buildings ", including "Commentary of the AISC Specifications" AISC — "Specifications for the Design of Cold- Formed Steel Structural Members" AWS — "Structural Welding Code" B Welding of Aluminum — Conduct in accordance with Section 10 of the "Specifications for the Design and Construction of Structural Supports for Highway Luminaries ", AASHTO, 1971 Welding method shall be either gas tungsten arc or gas metal arc C Shop Assembly — Pre - assemble items in the shop to the greatest extent possible, so as to minimize field assembly of units at the project site Disassemble units only to the extent necessary for shipping and handling limitations Clearly mark units for re- assembly and coordinated installation D Commercial Standards ANSI B16 5 Pipe Flanges and Flanged Fittings, Steel Nickel Alloy and other Special Alloys ANSUASME B1 20 1 General Purpose Pipe Threads (Inches) ASTM A 36 Specification for Structural Steel NEMA ICS 6 1988 (Rev 1) Enclosures for Industrial Control and Systems NFPA 70 Current National Electrical Code SSPC -SP1 Solvent Cleaning SSPC -SP2 Hand Tool Cleaning SSPC -SP3 Power Tool Cleaning SSPC -SP6 Commercial Blast Cleaning ASTM A 125 Hot Dipped Galvanizing 1.3 Contractor Submittals The information listed below shall be submitted to the ENGINEER for review in accordance with Section 01100 The submittal shall, as a minimum, include the following data drawings and other descriptive materials A A CAD shop drawings to describe and show PRV station construction and materials X 1.4 Information to be Provided. 1 0 & M manual information in accordance with manufacturer's requirements 1.5 Quality Assurance A PRV Station Responsibility and Coordination 1 The CONTRACTOR shall cause all equipment specified under this section to be furnished by the PRV station manufacturer who shall be responsible for the adequacy and compatibility of all PRV station components Any component of the complete PRV station not provided by the manufacturer should be designed, fabricated, tested, and installed by factory- authorized representatives experienced in the design and manufacture of the PRV station equipment specified herein This requirement, however, shall not be construed as relieving the CONTRACTOR of the overall responsibility for this portion of the work 2 The CONTRACTOR shall cause the PRV station manufacturer and its suppliers to coordinate design of the PRV station such that all equipment is compatible and capable of achieving the performance requirements specified herein B Design Requirements The PRV station site and cross section arrangement shown on the drawings is based upon the best information available to the ENGINEER at the time of design and is not intended to show exact dimensions peculiar to any specific equipment unless otherwise shown or specified It is anticipated that the connected piping and valves shown, in part or in whole, may have to be modified in order to accommodate the specific PRV station furnished No additional payment will be made for such modifications All necessary calculations and drawings for any related design shall be submitted to the ENGINEER for approval prior to beginning the work 1.6 Start-up Services Installation of the package PRV station, including all water connections to the station, will be performed by the Contractor When the station is ready for operation, the PRV station manufacturer shall provide the services of a qualified technician, who shall review the installation and start -up of the PRV station The control valve manufacture will have established service department for a minimum of ten years in the local area 1.7 Warranty The CONTRACTOR shall warrant the package PRV station to be of quality construction, free from defects in material and factory workmanship The PRV station chamber and cover shall be warranted for a period of one (1) year to be free from defects, resistant to rust, corrosion, or physical failures occurring in normal service, when installed in accordance with the manufacturer's recommendations The interior equipment, valves, piping, and apparatus shall be warranted for a period of one (1) year, excepting only those items normally consumed in service, such as light bulbs, oil, grease, gaskets, or 0-rings The CONTRACTOR shall be solely responsible for the PRV station and all related components, warranties, and guarantees by the suppliers of various components will not be accepted Mayor components, which fail to perform as specified by the ENGINEER or prove defective in service during the warranty period, shall be replaced, repaired, or satisfactorily modified by the CONTRACTOR without cost of parts or labor to the OWNER After start-up service has been performed, labor to replace accessory items, or other accessible and easily serviced parts, shall be the responsibility of the OWNER Such components, parts, or repairs determined to have failed because of defects in workmanship or materials will be replaced or repaired F O B factory or other designated location I PART 2 PRODUCTS 2.1 General The package type PRV station shall be a pre - engineered and shop assembled station It shall include all necessary valves, piping and controls for a complete and operable system as specified and as shown on the drawings and supplemental drawings The package PRV station shall be constructed by a company with a minimum of 10 years experience in manufacturing package PRV stations The package PRV station shall be delivered to the fob site requiring no additional fabrication or similar work, other than placement, and connections to supply and discharge pipes necessary for a fully functional unit Factory assembly of the package station shall include but not be limited to control valves with isolation valves, inlet and outlet pressure gauges with isolation valves, line strainers, when used with blowdown valves installed, air release valves with isolation valves, 3 / " hose bib with ball valves and vacuum breaker, aluminum access ladder with safety post, couplings to allow easy valve removal, and all needed appurtenances 2.2 Experience Requirements The package PRV station shall be the product of a manufacturer who has the financial resources, technical qualifications, experience, organization and facilities adequate to design and manufacture package PRV stations of the type specified The manufacturer shall have a minimum of 10 years experience in manufacturing PRV stations and shall have completed at lease fifty prior successful installations, within the area, of package type PRV stations similar in size and scope to the installation herein specified Said proof of experience shall be included in the submittal package and shall include facility locations, names and phone numbers of operators or persons familiar with system performance, dates of operation, and other pertinent information required by the Engineer Lack of required experience will be grounds for refection of a submitted package PRV station, and the Contractor will be required to submit an alternate station which can meet the above experience requirement No change in the bid price will be allowed for furnishing an alternate station, which will meet these specifications 2.3 Station Enclosure Valve Chambers shall be (2) piece pre -cast reinforced concrete H2O load rated with openings to accommodate all piping and mastic for seam Chamber interior shall be painted with White CS55 sealant to improve lighting Chamber exterior shall be sealed with Black CS55 sealant or insulated with polyurethane foam as required to provide a watertight enclosure Chamber shall have provision for 30" manhole frame with cover or access hatch 2.4 Piping �I i All pipe to be fabricated from schedule 40 steel to AWWA M11 Steel Pipe design Standards Finished pipe to be sandblasted, epoxy lined and coated with NSF 61 approved epoxy to AWWA C210 specifications 2.5 Testing and Start-Up After the package PRV station has been installed in the field, the PRV station manufacturer shall furnish competent personnel to start up and test the complete package system An operational test, simulating service conditions, shall be given to check for leaks in all piping, valves and seals, and all auxiliary equipment All irregularities shall be corrected to the satisfaction of the Engineer PART 3 EXECUTION 3.1 Package PRV Station A The Contractor shall furnish, install, test and adjust the complete package PRV station, consisting of the PRVs, isolation valves, air release valves, sump pumps, piping, and controls, mounted in a concrete chamber enclosure B The unit shall be installed at the location shown of the Plans C The package PRV station shall be tested after installation Testing will be conducted by the manufacturer's representative, and will consist of simulating flow demand requirements by operating a fire hydrant in the system Normal sequencing of PRVs shall be simulated ALL 125 / 150 ANSI BILL OF MA1F —RIALS 3 J -51 - ------------------ r ITEM QTY DESCRIPTION 4' C: LA -v4L 90G -01 3057 Pressu is r . . �Isdwc-ra volve e/w X101 Poshoi Indi_ater DIET - f150 FlyJ. CRC 15 -75 • 1 x 2 5 1 1 1 t i t 2 2 a EID9 ra7ur,k Res, gent Seated Sulteerly solve ?+6 t _ � , - 111111-0. Manual Dear Operotor, 1-and ti<accl 4150 Flgd S 2 4' VIy'TVJLIC 107 Ceua sg INLET I OUTLET _ 4 1 7465/ 2122 PraeOBt :oncrata Chamber e ROa Lugs p/w Mite Interior & Sluek EAter,of 5ea an I - 1• CTYP X 4) 11' 2121 Roof ',lob (Hnrch ('nst In) 7 I r ° Th n Snal st - Plate e/w A r-%r l Bolls 5 1 38' a 72" Alunnun Double Doo Hotcr 3 l a. 6a ryp of 2) F20 - 44 Class B Lecdlnq _ \-Reirllryrrpd Cnnc 6 7 Ad)vvLotIQ Age Supports Ti`U5t Slacks (By Othe - 7 1 jAduffisirt LudJe, with Safety Post 8 1 ! /A' 1-aae bib t/w Isolot-on E10 I vrNn • , r . x12 "-i12 Dccp Sump 9 2 6" EBAA on Tronstan Caupling Mvdsl 3600 c/w Sump GrcG-%g 10 4 Pipe Seal Assembly �? 6 x 5 K/O for 11 2 A (O SOOps,) Pressure Gouge Sump Dram 12 1 1/7 CIA-VAL 90G -D1 BCSY Preeeure duc.ng VcNe e/n X101 Position Ifllftotor 11' I I I 101' - 015D Thr90tl87, :RD 1`- -75psr 13 2 1 1/2 Brass Sol Valve NHS Rte Ir300 7 nr6Gded c/a Lcver ° is 1 1 1/2 tACTAULIC 107 Qualm; 1 7 15 1 4' VICT,nt1LIC )1741 Ccup.ng 16 1 4 X431- Cla -Val Bas<et Strainer III _ 17 I U!' X4 C0 -Vn1 Bauhat Sfrn,nc -bA w/ Campa al Flanges ., 5 I 1 e 3 B' -7' NOTE • . t , 3 VAULT 4,7465 tll -2D LOADING} � � ° IN50E DI MENS NS 0E." _ 06- 5 -6 "Lx 4 Rs 6' - 6 w H a - �� CHA WEIGHTS. INLET t ' OUTLET BOTTOM SECTION ACCO Ibs 1 g 'ITLc 4 x 1 1/2 PHV STATION TOP SECTION 7070 Ibs l6 fi STANDARD fARRLCATION & FINISHING SPECIf7CATIDH C 6 rRO.E:T Pr,cc Rd dr Francis PRJ StObO't FABRCATEO STEEL PIPE !r rrrINGS TO CC SCHFDU -r ND 40 STEEL PIP= FOR 5LE5 3rCnle`fOn �lf0 TO 10 AND 3/6' WALL FOR 12' ONO LARGER ° ' 000IL 1845 ALL 2 AND SMALLER PIFE TO BE TNREAD:D STAS ALL 3 E DAT= .°n 15/ 12 CX O L= I APP 0 LE 5-IEET 1 0 - 1 AND LARGER 2 IPE INSIDE WETTED SURKACES TO B= SANDBLASTED EPDXY LIN`17 AND COATED TO AA'A'a l . ' DRAM LE DRANINN Nc REV C -210 AND NSr -61 SPECIFICATICN FINISH COATING WILL 10$�I�S� BE SLUE ENAMEL `_CALE 1 30 A AGENDA BILL _ CITY OF BREMERTON CITY COUNCIL 6A SUBJECT: Professional Services Study Session Date September 12, 2012 Agreement for Public Defense Services COUNCIL MEETING Date September 19, 2012 Department Financial Services Presenter Shannon Corin Phone 473 -5323 SUMMARY: The current provider of public defense seances for Bremerton Municipal Court submitted their notice of intent to withdraw from their contract with the City earlier this year Five firms responded to a request for proposal for public defense services A panel interviewed all five firms and fo arded thei unanimous recommendation to the Mayor, who agreed with the panel and chose CsS, CeGs Off ro�,iV& enter into a contract for professional services for legal representation of indigent persons ovelvn This contract will begin on 1, 2012 ATTACHMENTS: Draft Contract — (certain terms still under negotiation) FISCAL IMPACTS (Include Budgeted Amount) �� 9� G7 per month annually) - within the current budgeted amount APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MO TION: Move to , prove the professional services agreement for public defense services with C&)SS 4 ZA60SS 0 /`#1*A 'and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION. General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 AGREEMENT FOR CITY OF BREMERTON DRAF PUBLIC DEFENSE SERVICES Cross, LaCross & Murphy, PLLC This Agreement is made and entered into by and between the City of Bremerton ( "the City "), a Washington municipal corporation and Cross, LaCross & Murphy, PLLC, a Professional Limited Liability Corporation ( "Public Defender "), whose address is 559 Bay Street Port Orchard, Washington 98366 WHEREAS, the City desires to have legal services, as described in this Agreement, performed for indigent persons legally entitled to appointed representation in 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 crimes in Bremerton Municipal Court, NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herem, and other good and valuable consideration, the parties agree as follows: SECTION 1: DEFINITIONS A Case Assignment A case assignment is that particular case assigned by the City B. Case Credit Case credit is a case assignment C C� City is the City of Bremerton D. Client. An indigent person who has been assigned to the Public Defender by the City E. Completed Case: A completed case involves all necessary legal action from arraignment through disposition or the necessary withdrawal of counsel after the substantial delivery of legal services This includes the filing 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 Administrator Contract Administrator is the City of Bremerton Municipal Court Administration G. Court. Court is the Municipal Court of Bremerton H. Criminal Case- A case is any one charge or series of related charges filed against one defendant/respondent. I Criminal Case Disposition: Case disposition shall mean the dismissal of charges, the entering of an order of deferred prosecution, an order or result requiring a new trial, imposition of sentence or deferral of same, or dispositional continuance and any other hearing on that cause number for each case assignment. The case assignment remains in effect to the end of jurisdiction of the case and shall include the filing of an appeal, if applicable. J Disco, very Discovery consists of those reports, letters, memorandums, after- action reports, incidents reports, witness statements, officers' statements, expert witness reports which the City Prosecutor is obligated to provide on a continuing basis under the City or State code and pursuant to the State and Federal Constitutional requirements. K. Legal Service Legal service is legal representation provided by a licensed attorney and associated paraprofessional staff to an individual client, pursuant to a case assignment or court appointment. The attorney will be required by the Public Defender to satisfy the Code of Professional Responsibility, the law of the State of Washington and the United States in the full discharge of the duties to each individual client under this Agreement L Indigent Defendant. An indigent defendant is a person determined mdigent by the Court, as being eligible for a court- appointed attorney, pursuant to RCW 10.101. M Mayor Mayor is the Mayor of Bremerton or designee N. Misdemeanor Practice Area. 1 Misdemeanor Case: Any criminal case filed by the Bremerton City Attorney or designee in Bremerton Municipal Court whether a misdemeanor or a gross misdemeanor. 2 Misdemeanor Appeal: A misdemeanor appeal involves filing the notice of appeal, if necessary, perfecting the record following the filing of the notice of appeal, preparation of the transcript pursuant to Rule 6.3a RALJ, preparing such briefs and memoranda as are required, arguing the case in Superior Court, and handling such paperwork as the Superior Court's decision and orders direct 3 Misdemeanor Writ A writ involves filing notice, perfecting the record, preparing such briefs and memoranda as required, arguing the case in Superior Court and handling such paperwork as the Superior Court's decision and orders direct O. Paraprofessional Staff. Investigators, social workers and paralegals P Public Defender: The Public Defender is Cross, LaCross and Murphy, PLLC. SECTION 2: PUBLIC DEFENSE STANDARDS The City adopts the following standards for the delivery of Public Defense Services, pursuant to RCW 10 101.030: A Compensgion of Counsel. Compensation of counsel shall be in accordance with the provisions set forth in sections 4 and 6 of this agreement. B. Duties and Responsibilities of Counsel The duties and responsibilities of counsel shall be in accordance with this agreement. C. Caseload Limits. Public Defender will accept all caseloads for Bremerton misdemeanor cases, except cases in which there is a conflict of interest, and following six to eight months after the beginning of the term of this Agreement, shall review the case assignments with the City to evaluate and establish caseload limits, whether on a weighted basis or not, to meet the new case limit requirements set forth in Exhibit A. D. Responsibility for Expert Witness and Investigator Fees: After approval by the Court, expert witness and investigator fees will be paid by the City. E. Attorneys and Staff The Public Defender shall provide, at a minimum, two full -tune attorneys and one full -time paraprofessional staff person to provide services pursuant to this Agreement. F. Supervision The Public Defender shall provide supervising attorneys at the following standards: one supervisor for every two attorneys. Supervisor's shall ensure all new associates have been properly trained and are prepared to appear at the Bremerton Municipal Court and shall appear in court to assist in training of new associates as necessary. G New Standards: The Public Defender shall comply with the new standards for Indigent Defense adopted by the Washington State Supreme Court by order dated June 15, 2012, attached hereto as Exhibit A and incorporated herem by this reference SECTION 3: TERM This Agreement shall commence on the first (1 st) day of November 2012 and terminate the thirty-first (31 th) day of October 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 statutorily and constitutionally based B Professional Conduct. 7 The Public Defender shall provide the services of attorneys and staff members in compliance with all of the applicable laws and administrative regulations of the State of Washington, the United States, Bremerton Municipal Code, and the Washington State Rules for Professional Conduct (RPC) 2 Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent, professional judgment 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 Nothing in this Agreement shall require or permit, without the consent of the client, access to or disclosure of any confidential communication made by a client to any attorney employed by the Public Defender or any such confidential communications made to agents or employees of the Public Defender for such attorney; the advice given by an attorney to a client, or any other statements and materials privileged from disclosure in a court of law. 4 Attorneys and staff employed by the Public Defender shall not solicit or accept any compensation, gifts, gratuities or services from any client C. Eligible Population The population served shall be indigent persons legally entitled to appointed legal services in Bremerton Municipal Court, as assigned by the Court D Case Assignment The Public Defender shall accept all case assignments, except for cases in 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 right 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 checking for conflicts and identifying if a conflict exists. The Public Defender shall have a written policy which explains how they define conflict cases. This policy must be approved by the Contract Administrator The Public Defender shall perform a conflicts check before any substantial work is done on the case. F. Duties and Re of the Public Defender In order to perform its responsibilities under the Agreement, the Public Defender shall have the power and duty to- 1 Hire all Public Defender personnel; 2 Provide fiscal management, establish compensation of personnel, maintain payroll records and provide payments for all personnel including withholding of income taxes, payment of social security taxes, payment of worker compensation and industrial insurance taxes (where applicable), and fringe benefits, 3 Supervise and maintain 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 condoning misconduct, or whose conduct or continued performance of duties is detrimental 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 in accordance with provisions as stated above, 6. In the event that this Agreement is terminated or not renewed, the Public Defender shall continue to provide services pursuant to this Agreement for three (3) months after the termination date. Public Defender shall not be assigned any new cases, however, Public Defender shall attempt to complete the representation of all clients who have been referred by the Court during the period in which the Agreement is in effect for the compensation received or receivable under the terms of the Agreement, provided that completed representation is not made impossible by a client's failure to appear G. Duties aod.Responstbilities of Publ c,D&nderAttornevs. In order to perform their duties under this Agreement, staff attorneys of the Public Defender shall 1. Counsel and represent in all ensuing criminal proceedings before appeal those clients who are officially referred by the Court Such services include, but are not limited to: preparation for and representation of the client at the pretrial hearings, trial and at sentencing hearings or any other related proceedings. 2 Appear at all in- custody and arraignment calendars 3 Counsel clients with regard to their rights 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 maintain contemporaneous records of all legal services provided on a specific case The records shall provide a factual description of the work done and shall be sufficiently detailed to allow monitoring of legal service activity by the Contract Administrator, subject 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 monitoring by the Contract Administrator, subject 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 objective expectations for each position and shall be measurable by objective means With each practice standard, the Public Defender shall include a procedure for monitoring compliance with the standard. Written practice standards are due to the Contract Admimstrator annually. Practice standards should address the following areas- a Attorney practice, including but not limited to, i Lawyer - client relationship, initial case actions, investigation and preparation, preliminary hearings, disposition without trial, trial; post conviction or fact finding and any other areas of attorney practice deemed appropriate 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 continue the initial attorney assigned to a client throughout any case in which representation is undertaken. The Public Defender is not prohibited from rotating attorneys or from assigning a single attorney to handle various aspects of legal proceedings for all indigent persons where such method of assignment is the most reasonable method of obtaining effective legal representation for indigent persons. 5. A member of the Public Defender staff shall visit any assigned in- custody criminal defendant and obtain basic contact and other fundamental intake information for a bond hearing within one (1) working day from notification to the Public Defender of the assignment of the case and the in- custody status of the client This provision applies to clients in custody at any facility within Kitsap County. 6. The Public Defender attorneys shall attempt to make contact with all assigned clients within five (5) working days from a case assignment or no later than the day prior to the first pretrial hearing whichever comes first 7. The Bremerton City Attorney's Office or designee is responsible for making 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) business days of the assignment, whether initial 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 electronic format. 8 Discovery shall be reviewed within five (5) days after receipt for purposes of determining any conflicts of interest. The Public Defender shall notify the Contract Administrator immediately of any conflict of interest as defined by the Washington State Rules of Professional Conduct The Public Defender shall provide the Contract Administrator with a written explanation stating the basis for the conflict in its notification. 9 The Public Defender shall establish and enforce policies and procedures to ensure that attorney time and other Defender resources funded by this Agreement shall only be used for work which is authorized by this Agreement 10. The Public Defender shall ensure that a preliminary written response to any written complaints concerning services provided by the employees of the Defender or the Defender itself shall be submitted to the Contract Administrator within three (3) working days of the date the complaint is received by the Public Defender. Written complaints include e-mail communications from the Contract Administrator. 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 detriment of legal services that are the subject of this Agreement 12 The Public Defender or his attorneys shall not provide transportation to any client assigned to the public defender pursuant to this Agreement. B. Minimum Attorney Qualifications: 1. Every attorney providing indigent defense services must be a licensed member of the Washington State Bar and be a member in good standing of the Bar. 2 Every Public Defender attorney shall satisfy the mimmum requirements for practicing law in Washington as determined by the Washington Supreme Court; seven (7) hours of each year's required continuing legal education credits shall be in courses relating to criminal 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 Washington State Office of Public Defense The Public Defender will maintain for inspection on its premises records of compliance with this provision. 3 The Public Defender may employ mterns 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 interns However, Rule 9 interns 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 criminal defense experience in superior, district or municipal courts in Washington State. 5. Unless prior written approval has been granted by the Contract Administrator, no attorney may provide services under this Agreement if that attorney has been removed from representation in a case for failure to perform basic services necessary to the case or to the client, or in any manner has been found to be ineffective on appeal by either an ethics panel or by an appellate court. C Evaluations. 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 monitoring of time and caseload records, review of case files, quality of case preparation, as well as in -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 criteria 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 $275,000 00 annually. Payments will be made in equal monthly payments B The City will pay the Public Defender by the thirtieth (30) working day of the following month C. In the event of failure to comply with any items and conditions of this Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in Section 13 of this Agreement. SECTION 7: REPORTING REQUIREMENTS Case Manager„ Jent System The Public Defender will use a case management system that will allow them to file the monthly report described below electronically Renortiniz The Public Defender will provide the City with monthly electronic reports within twenty (20) working days after the close of each calendar month in acceptable format on all closed cases. Cases must be closed within 60 days after the last hearing on the case These reports must contain* • Defendant's name • Cause number(s) • Criminal charges filed • Disposition of each charge • Number of court hearings • Defendant's fail custody status prior to sentencing • Bench Trial, Jury Trial, Plea or Dismissal • Attorney(s) name(s) • Date case assigned • Date case closed • Hours spent by attorney The Public Defender must provide the Contract Administrator the reports described below. Report Title Due Date Monthly Court activity reports including Monthly (by 20th day of the following month) attorney assignments and hearings held Year end reports, additional summaries, other Vanes reports or documents as requested by the Contract Administrator with reasonable notice The City of Bremerton, or any of its duly authorized representatives, shall have access to any such books, records and documents for inspection, audit and copying. The report is due on or before the twentieth (2(6) day of the following month for services of the prior month. Payment may be withheld if reports are not submitted on tune The Public Defender will immediately notify the Contract Administrator in writing when it becomes aware that a complaint lodged with the Bar Association has resulted in reprimand, suspension, or disbarment of an attorney providing services under this Agreement. SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS All official notices under this Agreement shall be delivered to the following addresses (or such other address(es) as either party may designate in writing) If�,,tg�C,,y,;, City C City of Bremerton 345 6" Street, Suite 600 Bremerton, WA 98337 (360) 473 -5323 If e to th Public Defender wrw.wwiw+■�� ewn�i ■ uwr. John Cross Cross, LaCross & Murphy, PLLC 559 Bay StreetPort Orchard, WA 98366 SECTION 9: OTHER EMPLOYMENT The Public Defender agrees that its legal staff assigned to the Bremerton Municipal Court shall have as their primary employment representation of indigent clients in Bremerton Municipal Court. The Public Defender further agrees that it will abide by all provisions of this Agreement regarding Personal Performance of this Agreement. SECTION 10: CORRECTIVE ACTION If the City believes that a breach of this Agreement has occurred, and if the City believes said breach to warrant corrective action, the following sequential procedure shall apply: A. The City will notify the Public Defender in writing of the nature of the breach; B. The Public Defender shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies, and the proposed completion date for bringing 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 in writing of the City's determination 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 City's determination of the sufficiency of the Public Defender's corrective action plan shall take into consideration the reasonableness of the proposed corrective action, in light of the alleged breach. In all cases where corrective action is determined by the City to be appropriate, the City shall work with the Public Defender to implement the plan; D. In the event that the Public Defender does not respond within the appropriate time with the corrective action plan, or the Public Defender's corrective action plan is determined by the City to be insufficient, the City may commence termination of this Agreement in whole or in part pursuant to Section 11 (B) Termination and Suspension, E In addition, the City may withhold any payment owed the Public Defender or prohibit the Public Defender from incurring additional obligations of funds until the City is satisfied the corrective action has been taken or completed; and F Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 13 Termination and Suspension SECTION 11: TERMINATION AND SUSPENSION A Either party may terminate this Agreement for convenience upon one hundred twenty (120) days prior written notice B The City may terminate this Agreement in whole or in part upon ten (10) days' written notice 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, obligations, or services herein become impossible, illegal, or not feasible 3 The City determines that the Public Defender Services are no longer necessary Before the City terminates this Agreement pursuant to subsection 11 (B) Termination and Suspension, the City shall provide the Public Defender written notice of termination, which notice shall include the reasons for termination and the effective date of termination. The Public Defender shall have the opportunity to submit a written response to the City within (10) working days from the date of the City's notice If the Public Defender elects to submit a written response, the Contract Administrator will review the response and make a determination within ten (10) days after receipt of the Public Defender's response In the event this Agreement is termmated in whole or in part pursuant to Subsection B (1) of this Section, the Public Defender shall be liable for damages, including the reasonable costs of the procurement of sinular services from another source unless it is determined by the Contract Administrator that (i) no default actually occurred, or (ii) the failure to perform was without the Public Defender's control, fault or negligence C. Otherwise, this Agreement shall terminate on the date specified herein, and shall be subject to extension only by mutual agreement of both parties hereto in writing D Nothing herein shall be deemed to constitute a waiver by either party of any legal right or remedy for wrongful termination or suspension of the Agreement E In the event of termination, suspension, or non - renewal of this Agreement, all cases not required to be completed by the Public Defender shall be returned to the Contract Administrator for reassignment. SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION) The Public Defender shall address questions or claims regarding meaning and intent of the Agreement or arising from this Agreement in writing to the City Contract Administrator, within ten (10) calendar days of the date in which the Public Defender knows or should know of the question or claim. The City will ordinarily respond to the Public Defender in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the thirtieth day following receipt by the City SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY The Public Defender shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification 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 Washington; the Charter and ordinances of The City of Bremerton; and rules, regulations, orders, and directives of their administrative agencies and the officers thereof Without limiting the generality of this paragraph, the Public Defender shall specifically comply with the following requirements of this section B. Licenses and Similar Authorizations: The Public Defender, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. SECTION 15: INDEMNIFICATION The Public Defender does hereby release and shall defend, indemnify, and hold the City and its employees and agents harmless from all losses, liabilities, clamps (including claims arising under federal, state or local environmental laws), costs (including attorneys' fees), actions or damages of any sort whatsoever arising 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 obligations, and only with respect to the City, its employees and agents, the Public Defender waives any immumty it may have or limitation on the amount or type of damages imposed under any industrial insurance, worker's compensation, disability, employee benefit or similar laws The Public Defender acknowledges that the foregoing waiver of immunity was mutually negotiated and agrees that the indemnification provided for in this section shall survive any termination or expiration of this Agreement SECTION 16: INSURANCE A. Insurance certification required. The Public Defender must carry the following coverages and limits of liability (1) Professional Liability (Errors, and Omissions) for attorneys with a minimum limit of liability of $1,000,000 each claim. (2) Workers' Compensation per statutory requirements of the Washington industrial insurance RCW Title 51. SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS A. These records shall be maintained for a period of (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14 B. Willful failure to maintain or produce records or other required documentation during the time for maintenance of records may result in specific, related costs being disallowed. In the 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 writing. The time for notification and response shall be the same as set forth in Section 11 (A). SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS A The Public Defender must ensure that the City has full access to materials necessary to verify compliance with all terms of this Agreement At any time, upon reasonable notice during business hours and as often as the City may deem necessary for a period of six (6) years, the Public Defender shall provide to the City right of access to its facilities, including those of any subcontractor, data, and other data relating to all matters covered by this Agreement. Provided that if any such data, records or materials are subject to any privilege or rules of confidentiality the Public Defender must maintain such data in a form or manner to provide same to the City that will not breach such confidentiality or privilege. The Public Defender shall maintain such data and records in an accessible location and condition for a period of not less than six (6) years following the receipt of final payment under this Agreement, unless the City agrees in writing to an earlier disposition 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 information reasonably required by any such evaluation process or ongoing reporting requirements established by the City. The results and records of said evaluations and reports shall be maintained and disclosed in accordance with RCW Chapter 42 17 Notwithstanding any of the above provisions of this paragraph, all Constitutional, statutory, and common law rights and privileges of any indigent client are not waived. Provided further that nothing in 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 71.05 et seq B. All such reports as are required under the terms of this Agreement shall be submitted to the City via electronic media (e -mail attachment or diskette) within the time limits for each report SECTION 19: CONTRACTUAL RELATIONSHIP The relationship of the Public Defender to the City by reason of this Agreement shall be that of an independent contractor This Agreement does not authorize 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 right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. It is expressly understood and agreed that the Public Defender and the Public Defender's employees shall in no event be entitled to any benefits to which City employees are entitled, including, but not limited to overtone, any retirement benefits, worker's compensation benefits, and mjury leave or leave benefits. The Public Defender shall complete this Agreement according to the Public Defender's own means and methods of work, which shall be in the exclusive charge and control of the Public Defender and which shall not be subject 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 written consent, which may be granted or withheld in the City's sole discretion. Said consent must be sought in writing by the Public Defender not less than fifteen (15) days prior to the date of any proposed assignment Any subcontract made by the Public Defender shall mcorporate by reference all the terms of this Agreement. The Public Defender shall ensure that all subcontractors comply with the obligations 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 occurring 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 writing of any person who is expected to perform any of the Work funded by this Agreement and who, during the twelve (12) months immediately prior 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 within the past twelve (12) months; and (2) as such was officially involved in, participated in, 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 business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Public Defender selection, negotiation, drafting, signing, administration, or evaluating the Public Defender's performance As used in this section, the term "Public Defender" shall include any employee of the Public Defender who was, is, or will be involved in the negotiation, drafting, signing, administration, or performance of the Agreement As used in this section, the term "close family relationship" refers to the following: spouse or domestic partner; any dependent parent, parent -in -law, child, son -in -law, or daughter -in -law; or any parent, parent -m- law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of a City officer or employee described above 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 section with respect to any acts or omissions during the term of this Agreement shall survive any termination or expiration of this Agreement SECTION 24: CONFIDENTIALITY The parties agree that they will not permit the duplication or disclosure of any information designated in advance by the other party as "Confidential and Proprietary" to any person (other than its own employee, agent, or representative who must have such information for the performance of that party's obligations hereunder) unless such duplication, use or disclosure is specifically authorized in writing by the other party or is required by law. "Confidential and Proprietary" information does not include ideas, concepts, know -how or techniques related to information that, at the time of disclosure, is in the public domain unless the entry of that information into the public domain is a result of any breach of this Agreement Likewise, "Confidential and Proprietary" information does not apply to information that is independently developed, already possessed without obligation of confidentiality, or rightfully 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 in 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 authorized by an amendment Any costs incurred due to the performance of extra work prior 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 writing and signed by an authorized representative of each of the parties hereto B Binding �Ag�ree� ment This Agreement shall not be binding until signed by both parties The provisions, covenants and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors, and assigns. C. Annlicable Law/Venue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the Superior Court for K tsap County D. remedies Cumulative,e. Rights under this Agreement are cumulative and nonexclusive of any other remedy at law or in equity. E Captions, The titles of sections are for convenience only and do not define or limit the contents. F. Severability If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid 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 against 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 condition unless otherwise expressly agreed to by the City, in writing H. Entire Agreement. This document, along with any exhibits and attachments, constitutes the entire 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 prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement I. Negotiated Agreement. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. J. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office K Security Access: City shall provide Public Defender three (3) access codes for entry into the court facility after hours, except that the Public Defender shall provide the names of those individuals who will use the access codes L Parking City shall provide two (2) parking slots near the Municipal Court for Public Defender Staff. IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herein, or attached and incorporated and made a part hereof, the parties have executed this Agreement by having their representatives affix their signatures below CITY OF BREMERTON CROSS, LACROSS & MURPHY, PLLC PATTY LENT, MAYOR By: Its Date Date- APPROVED AS TO FORM Roger A Lubovich, City Attorney R \Legal\Legal\Files \Current Active Files\Public Defender Contracts\Public Defender 2012 - Draft (Clean) doc EXHIBIT A WASHINGTON COURTS ADAMOMM� NEWS RELEASE June 15, 2012 From: Wendy Ferrell 360 705 5331 Wendy FerrellOcourts wa Qov Supreme Court Adopts Standards for Indigent Defense; Case Limit Guidelines Effective in 2013 The Washington Supreme Court has adopted new Standards for Indigent Defense Services. The new standards will be effective September 1, 2012, except Standard 3.4 regulating caseload limit guidelines which will take effect September 1, 2013. The new standards include guidelines for caseload limits and types of cases; administrative costs, limitations on private practice, qualifications of attorneys, appellate representation and use of legal interns. The rule was approved by a majority of the Court, with Justices Charles W. Johnson and Mary E. Fairhurst dissenting. A copy of the final order can be found online at www courts wa.pov, together with the text of the new rule. The standards were authored by the Washington State Bar Association's Council on Public Defense to address concerns about the quality of indigent defense services in Washington. The WSBA approved the standards, and recommended adoption to the Supreme Court in July 2011. Recognizing the fiscal impact new caseload guidelines will have on local governments, Chief Justice Barbara Madsen said, "We understand the delicate balance in providing a constitutional right to an attorney and the monetary impact on local governments. By delaying Implementation of the caseload limits until 2013, our goal is to move towards the promise of the landmark U.S. Supreme Court case of Gideon v. Wainwright" Numerous reports, including the Seattle Times 2004 series entitled °Unequal Defense. The failed promise of justice for the poor" have documented serious flaws in the indigent defense system in Washington State. Since then, numerous legislative and court rule changes have made improvements to the system. This is the first time actual caseload limits by type have been adopted. The standards are also necessary to implement court rules CrR 3.1, CrRU 3.1 and JuCR 92 previously adopted by the Court which will become effective on July 1, 2012. The adoption of the standards by the Supreme Court follows a four -month comment period that ended in April 2012. CONTACTS: Nan Sullins, Legal Services Manager, Administrative Office of the Courts, 360.357.2129 or nan sullins0courts.wa ctov: Marc Boman, WSBA Council on Public Defense Chair, 206 359.5809 or mbomanCakierkinscoie cord: Joanne Moore, Washington's Office of Public Defense, 360.586 3164 Ext. 112 or Joanne.Moore(&ood wa gov THE SUPREME COURT OF WASHINGTON ORDER IN THE MATTER OF THE ADOPTION OF NEW ) STANDARDS FOR INDIGENT DEFENSE AND ) NO. 25700-A- kW%4 CERTIFICATION OF COMPLIANCE ) The Washington State Bar Association having recommended the adoption of New Standards for Indigent Defense and Certification of Compliance, and the Court having considered the amendments and continents submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice; Now, therefore, it is hereby ORDERED: (a) That the standards and certificate as attached hereto are adopted. (b) That the New Standards for Indigent Defense, except Standard 3.4, will be published in the Washington Reports and will become effective September 1, 2012. New Standard 3.4 will be published in the Washington Reports and become effective on September 1, 2013. DATED at Olympia, Washington this day of June, 2012. -;0 N {+ n 0 rn LaR Page 2 IN THE MATTER OF THE ADOPTION OF NEW STANDARDS FOR INDIGENT DEFENSE AND CERTIFICATION OF COMPLIANCE a�,�. &oz "L.'' �. ' • `.-- STANDARDS FOR INDIGENT DEFENSE The following Standards for Indigent Defense are adopted pursuant to CrR 3. 1, CrRLJ 3.1 and JuCR 9.2 and shall have an effective date concurrent with the effectiveness of amendments to those rules approved by the Court July 8, 2010 (effective July 1, 2012); Standard 3: Caseload Limits and Types of Cases 3.1 The contract or other employment agreement or government budget shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. 3.2 The caseload of public defense attorneys shall allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither defender organizations, county offices, contract attorneys nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. As used in this Standard, "quality representation" is intended to describe the minimum level of attention, care, and skill that Washington citizens would expect of their state's criminal justice system. 3.3 General Considerations Caseload limits reflect the maximum caseloads for fully supported full -time defense attorneys for cases of average complexity and effort in each case type specified. Caseload limits assume a reasonably even distribution of cases throughout the year. The increased complexity of practice in many areas will require lower caseload limits. The maximum caseload limit should be adjusted downward when the mix of case assignments is weighted toward offenses or case types that demand more investigation, legal research and writing, use of experts, use of social workers, or other expenditures of time and resources. Attorney caseloads should be assessed by the workload required, and cases and types of cases should be weighted accordingly. If a defender or assigned counsel is carrying a mixed caseload including cases from more than one category of cases, these standards should be applied proportionately to determine a full caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the caseload should be based on the percentage of time the lawyer devotes to public defense. The experience of a particular attorney is a factor in the composition of cases in the attorney's caseload. The following types of cases fall within the intended scope of the caseload limits for criminal and juvenile offender cases in Standard 3.4 and must be taken into account when assessing an attorney's numerical caseload: partial case representations, sentence violations, specialty or therapeutic courts, transfers, extraditions, representation of material witnesses, petitions for conditional release or final discharge, and other matters that do not involve a new criminal charge. Standards for Indigent Defense Washington State Bar Association Page 1 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE Definition of case: A case is defined as the filing of a document with the court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation. In courts of limited jurisdiction multiple citations from the same incident can be counted as one case. 3.4 Caseload Limits The caseload of a full -time public defense attorney or assigned counsel should not exceed the following: 150 Felonies per attorney per year; or 300 Misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a numerical case weighting system as described in this Standard, 400 cases per year; or 250 Juvenile Offender cases per attorney per year; or 80 open Juvenile Dependency cases per attorney; or 250 Civil Commitment cases per attorney per year; or 1 Active Death Penalty trial court case at a time plus a limited number of non death penalty cases compatible with the time demand of the death penalty case and consistent with the professional requirements of Standard 3.2 or 36 Appeals to an appellate court hearing a case on the record and briefs per attorney per year. (The 36 standard assumes experienced appellate attorneys handling cases with transcripts of an average length of 350 pages. If attorneys do not have significant appellate experience and/or the average transcript length is greater than 350 pages, the caseload should be accordingly reduced.) Full time Rule 9 interns who have not graduated from law school may not have caseloads that exceed twenty -five percent (25 %) of the caseload limits established for full time attorneys. [Effective September 1, 2013] 3.5 Case Counting The local government entity responsible for employing, contracting with or appointing public defense attorneys should adopt and publish written policies and procedures to implement a numerical case - weighting system to count cases. If such policies and procedures are not adopted and published, it is presumed that attorneys are not engaging in case weighting. A numerical case weighting system must: A. recognize the greater or lesser workload required for cases compared to an average case based on a method that adequately assesses and documents the workload involved; B. be consistent with these Standards, professional performance guidelines, and the Rules of Professional Conduct; Standards for Indigent Defense Washington State Bar Association Pagc 2 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE C. not institutionalize systems or practices that fail to allow adequate attorney time for quality representation; and D. be periodically reviewed and updated to reflect current workloads; and E. be filed with the State of Washington Office of Public Defense. Cases should be assessed by the workload required. Cases and types of cases should be weighted accordingly. Cases which are complex, serious, or contribute more significantly to attorney workload than average cases should be weighted upwards. In addition, a case weighting system should consider factors that might justify a case weight of less than one case. Notwithstanding any case weighting system, resolutions of cases by pleas of guilty to criminal charges on a first appearance or arraignment docket are presumed to be rare occurrences requiring careful evaluation of the evidence and the law, as well as thorough communication with clients, and must be counted as one case. 3.6 Case Weighting The following are some examples of situations where case weighting might result in representations being weighted as more or less than one case. The listing of specific examples is not intended to suggest or imply that representations in such situations should or must be weighted at more or less than one case, only that they may be, if established by an appropriately adopted case weighting system. A. Case Weighting Upwards: Serious offenses or complex cases that demand more - than - average investigation, legal research, writing, use of experts, use of social workers and/or expenditures of time and resources should be weighted upwards and counted as more than one case. B. Case Weighting Downward: Listed below are some examples of situations where case weighting might justify representations being weighted less than one case. However, care must be taken because many such representations routinely involve significant work and effort and should be weighted at a full case or more. i. Cases that result in partial representations of clients, including client failures to appear and recommencement of proceedings, prelnninary appointments in cases in which no charges are filed, appearances of retained counsel, withdrawals or transfers for any reason, or limited appearances for a specific purpose (not including representations of multiple cases on routine dockets). ii. Cases in the criminal or offender case type that do not involve filing of new criminal charges, including sentence violations, extraditions, Standards for Indigent Defense Washington State Bar Association Page 3 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 a STANDARDS FOR INDIGENT DEFENSE representations of material witnesses, and other matters or representations of clients that do not involve new criminal charges. Non - complex sentence violations should be weighted as at least 1/3 of a case. iii. Cases in specialty or therapeutic courts if the attorney is not responsible for defending the client against the underlying charges before or after the client's participation in the specialty or therapeutic court. However, case weighting must recognize that numerous hearings and extended monitoring of client cases in such courts significantly contribute to attorney workload and in many instances such cases may warrant allocation of full case weight or more. iv. Cases on a criminal or offender first appearance or arraignment docket where the attorney is designated, appointed or contracted to represent groups of clients on that docket without an expectation of further or continuing representation and which are not resolved at that time (except by dismissal). In such circumstances, consideration should be given to adjusting the caseload limits appropriately, recognizing that case weighting must reflect that attorney workload includes the time needed for appropriate client contact and preparation as well as the appearance time spent on such dockets. V. Representation of a person in a court of limited jurisdiction on a charge which, as a matter of regular practice in the court where the case is pending, can be and is resolved at an early stage of the proceeding by a diversion, reduction to an infraction, stipulation on continuance, or other alternative non - criminal disposition that does not involve a finding of guilt. Such cases should be weighted as at least 1/3 of a case. Related Standards American Bar Association, Standards for Criminal Justice, 4 -1.2, 5-4.3. American Bar Assoclation Guidelines fns the Appointment and Performance of Defense Counsel In Death Penalty Cases. [nkl American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal Opinion 06 -441. M The American Council of Chief Defenders Statement on Caseloads and Workloads, (200 .i k American Bar Association Eight Guidelines of Public Defense Related to Excessive Caseloads. t� National Advisory Commission on Criminal Standards and Goals, Task Force on Courts, 1973, Standard 1312 American Bar Association Disciplinary Rule 6 -101. American Bar Association Ten Principles of a Public Defense Delivery System. RjW Standards for Indigent Defense Washington State Bar Association Page 4 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE ABA Standards of Practice for Lawyers who Represent Children In Abuse & Neglect Cases, (1998) American Bar Assoclaton, Chicago, IL. The American Council of Chief Defenders Ethical Opinion 03 -01 (2003). National Legal Aid and Defender Association, Standards for Defender Services, Standards IV-1. National Legal Aid and Defender Association, Model Contract for Public Defense Services (2002) runkl NACC Recommendations for Representation of Children In Abuse and Neglect Cases (2001). 1Ltnk1 City of Seattle Ordinance Number. 121501 (2004) 111 Seattle -King County Bar Association Indigent Defense Services Task Force, Guideline Number 1. Washington State Office of Public Defense, Parents Representation Program Standards Of Representation (2009). JUM Keeping Defender Woddoads Manageable, Bureau of Justice Assistance, U S. Department of Justice, Indigent Defense Series #4 (Spangenberg Group, 2001). rLink 5.2 Administrative Costs A. Contracts for public defense services shall provide for or include administrative costs associated with providing legal representation. These costs should include but are not limited to travel, telephones, law library, including electronic legal research, financial accounting, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements unposed by these standards, and other costs necessarily incurred in the day -to -day management of the contract. B. Public defense attorneys shall have 1) access to an office that accommodates confidential meetings with clients and 2) a postal address, and adequate telephone services to ensure prompt response to client contact. 6.1 Investigators Public defense attorneys shall use investigation services as appropriate. Standard 13: Limitations on Private Practice Private attorneys who provide public defense representation shall set limits on the amount of privately retained work which can be accepted. These limits shall be based on the percentage of a full -time caseload which the public defense cases represent. Standard 14: Qualifications of Attorneys 14.1 In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing dcfense services shall meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and Standards for Indigent Defense Washington State Bar Association Page 5 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and C. Be familiar with the Washington Rules of Professional Conduct; and D. Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association; and E. Be familiar with the consequences of a conviction or adjudication, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and F. Be familiar with mental health issues and be able to identify the need to obtain expert services; and G. Complete seven hours of cotttmuing legal education within each calendar year in courses relating to their public defense practice. 14.2 Attorneys' qualifications according to severity or type of case': A. Death Penalty Representation. Each attorney acting as lead counsel in a criminal case in which the death penalty has been or may be decreed and which the decision to seek the death penalty has not yet been made shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. At least five years criminal trial experience; and iii. Have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion; and iv. Have served as lead or co- counsel in at least one aggravated homicide case; and V. Have experience in preparation of mitigation packages in aggravated homicide or persistent offender cases; and vi. Have completed at least one death penalty defense seminar within the previous two years; and vii. Meet the requirements of SPRC 2. Attorneys working toward qualification for a particular category of cases under this standard may associate with lead counsel who is qualified under this standard for that category of cases SPRC 2 APPOINTMENT OF COUNSEL At least two lawyers slap be oppolnted for the trial and also for the duect weal The Mal court skull retain rewouibHl y for appointing counsel for Olaf. The Supreme Court shay appoint counsel far the direct appeal Notwidatandtng RAP 15,20) and (l), the Supreme Court wdl determine all motions to withdraw as counsel on appeaL Standards for Indigent Defense Washington State Bar Association Page 6 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE The defense team in a death penalty case should include, at a minimum, the two attorneys appointed pursuant to SPRC 2, a mitigation specialist and an investigator. Psychiatrists, psychologists and other experts and support personnel should be added as needed. B. Adult Felony Cases - Class A Each attorney representing a defendant accused of a Class A felony as defined in RCW 9A.20.020 shall meet the following requirements: L The minimum requirements set forth in Section 1; and ii. Either: a. has served two years as a prosecutor; or b. has served two years as a public defender; or two years in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in three felony cases that have been submitted to a jury. C. Adult Felony Cases — Class B Violent Offense Each attorney representing a defendant accused of a Class B violent offense as defined in RCW 9A.20.020 shall meet the following requirements. i. The minimum requirements set forth in Section 1; and ff. Either; a. has served one year as a prosecutor, or b. has served one year as a public defender, or one year in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in two Class C felony cases that have been submitted to a jury. D. Adult Sex Offense Cases A list ofattorneys who meet the requirements afprr*ka7 and experience, and who have demonstarated that they are learned in the law of capitalpunkhm m by virtue of hwbft or a verienee, andd us are qualpdfor eppointment to death penalty dtak andfor appeals will be recruited and maintained by a panel stated by the Supreme Court All counsel for trial and yppeal must have demonstrated theprafldency and commitment to quality representation which Is appropriate to a cypttal case Both counsel at trial must have Jive years' experience In the puke gf crimbal law be famgiar with oral experienced in the adlbsation gf expert wUnesses and evidence, and not beprmndy serving as appointed counsel in another active trial level deathpenalty case. One causal must be, and both may be, qualtled for appointment in capital duals on the I ft unless circumstances exist such that !e Is in the defendant's interest to appoint otherwise qual ped counsel learned in the law of capital punishment by virtue oft hft or eapmence. The dial court shall make fbrdings cffact Vgood cause is found fee not appobrttnglkt caunseL At least one counsel on appeal mug have three years' experience in the field oferlmbal appellate law and be learned in the law of capital punishment by virtue oftrab tng or experience In gppobutingcoumd on appeal the Surp wne Court wM1 consider the liar, but will have the final dscretion in the waintment ofcounrel Rfin l Standards for Indigent Defer►se Washington State Bar Association Page 7 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE Each attorney representing a client in an adult sex offense case shall meet the following requirements: i. The minimum requirements set forth in Section 1 and Section 2(C); and ii. Been counsel alone of record in an adult or juvenile sex offense case or shall be supervised by or consult with an attorney who has experience representing juveniles or adults in sex offense cases. L Adult Felony Cases - All other Class B Felonies, Class C Felonies, Probation or Parole Revocation Each attorney representing a defendant accused of a Class B felony not defined in Section 2(C) or (D) above or a Class C felony, as defined in RCW 9A.20.020, or involved in a probation or parole revocation hearing shall meet the following requirements: i. The minimum requirements set forth in Section 1, and ii. Either: L has served one year as a prosecutor; or b, has served one year as a public defender, or one year in a private criminal practice; and iii. Has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury; and iv. Each attorney shall be accompanied at his or her first felony trial by a supervisor if available. F. Persistent Offender (Life Without Possibiilbty of Release) Representation Each attorney acting as lead counsel in a "ho-strikes" or "three strikes" case in which a conviction will result in a mandatory sentence of life in prison without parole shall meet the following requirements: i. The minimum requirements set forth in Section 1; 3 and ii. Have at least: a. four years criminal trial experience; and b, one year experience as a felony defense attorney; and C. experience as lead counsel in at least one Class A felony trial; and d. experience as counsel in cases involving each of the following: 1. Mental health issues; and 3 RCW 10101.060 (1)(a)(111) provides that counties receiving funding from the state Office of Public Defense under that statute must require "attorneys who handle the most serious cases to meet specoed qual#7cations as set forth in the Washington state bar association endorsed standards for public defense services or participate in at least one case consultation per case with ofce ofpublic defense resource attorneys who are so quaf#kd The most serious cases include all cases of m adw In the, wt or second degree, persistent offender cases, and class A felontes " Standards for Indigent Defense Washington State Bar Association Page 8 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE 2. Sexual offenses, if the current offense or a prior conviction that is one of the predicate cases resulting in the possibility of life in prison without parole is a sex offense; and 3. Expert witnesses; and 4. One year of appellate experience or demonstrated legal writing ability. G. Juvenile Cases - Class A Each attorney representing a juvenile accused of a Class A felony shall meet the following requirements: i. The minimum requirements set forth in Section 1, and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; one year in a private criminal practice; and iii. Has been trial counsel alone of record in five Class B and C felony trials; and iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor, if available. Ii. Juvenile Cases - Classes B and C Each attorney representing a juvenile accused of a Class B or C felony shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii Either: a. has served one year as a prosecutor, or b. has served one year as a public defender; or one year in a private criminal practice, and iii. has been trial counsel alone in five misdemeanor cases brought to a final resolution; and iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor if available. I. Juvenile Seat Offense Cases Each attorney representing a client in a juvenile sex offense case shall meet the following requirements: L The minimum requirements set forth in Section 1 and Section 2(H); and ii. Been counsel alone of record in an adult or juvenile sex offense case or shall be supervised by or consult with an attorney who has experience representing juveniles or adults in sex offense cases. Standards for Indigent Defense Washington State Bar Association Page 9 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE J. Juvenile Status Offenses Cases. Each attomey representing a client in a `Becca" matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and ii. Either: a. have represented clients in at least two similar cases under the supervision of a more experienced attorney or completed at least three hours of CLE training specific to "status offense" cases; or b. have participated in at least one consultation per case with a more experienced attorney who is qualified under this section. K Misdemeanor Cases Each attorney representing a defendant involved in a matter concerning a simple misdemeanor or gross misdemeanor or condition of confinement, shall meet the requirements as outlined in Section 1. L. Dependency Cases Each attorney representing a client in a dependency matter shall meet the following requirements: L The minimum requirements as outlined in Section 1; and ii. Attorneys handling termination hearings shall have six months dependency experience or have significant experience in handling complex litigation. iii. Attorneys in dependency matters should be familiar with expert services and treatment resources for substance abuse. iv. Attorneys representing children in dependency matters should have knowledge, training, experience, and ability in communicating effectively with children, or have participated in at least one consultation per case either with a state Office of Public Defense resource attorney or other attorney qualified under this section. M. Civil Commitment Cases Each attorney representing a respondent shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Each staff attorney shall be accompanied at his or her first 90 or 180 day commitment hearing by a supervisor, and iii. Shall not represent a respondent in a 90 or 180 day commitment hearing unless he or she has either: a. served one year as a prosecutor, or b. served one year as a public defender, or one year in a private civil commitment practice, and C. been trial counsel in five civil commitment initial hearings; and Standards for Indigent Defense Washington State Bar Association Page 10 1325 Fourth Ave - Suit 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE iv. Shall not represent a respondent in a jury trial unless he or she has conducted a felony jury trial as lead counsel; or been co- counsel with a more experienced attorney in a 90 or 180 day commitment hearing. N. Sex Offender "Predator" Commitment Cases Generally, there should be two counsel on each sex offender commitment case. The lead counsel shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Have at least: L Three years criminal trial experience; and b. One year experience as a felony defense attorney or one year experience as a criminal appeals attorney; and c. Experience as lead counsel in at least one felony trial; and d. Experience as counsel in cases involving each of the following: 1. Mental health issues; and 2. Sexual offenses; and 3. Expert witnesses; and e. Familiarity with the Civil Rules; and f. One year of appellate experience or demonstrated legal writing ability. Other counsel working on a sex offender commitment cases should meet the Minimum Requirements in Section 1 and have either one year experience as a public defender or significant experience in the preparation of criminal cases, including legal research and writing and training in trial advocacy. O. Contempt of Court Cases Each attorney representing a respondent shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Each attorney shall be accompanied at his or her first three contempt of court hearings by a supervisor or more experienced attorney, or participate in at least one consultation per case with a state Office of Public Defense resource attorney or other attorney qualified in this area of practice. P. Specialty Courts Each attorney representing a client in a specialty court (e.g., mental health court, drug diversion court, homelessness court) shall meet the following requirements: L The minimum requirements set forth in Section 1; and ii. The requirements set forth above for representation in the type of practice involved in the specialty court (e.g., felony, misdemeanor, juvenile); and iii. Be familiar with mental health and substance abuse issues and treatment alternatives. Standards for Indigent Defense Washington State Bar Association Page 11 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE 14.3 Appellate Representation. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall meet the following requirements: A. The minimum requirements as outlined in Section 1; and B. Either: i. has filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or ii. has equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing or other comparable work. C. Attorneys with primary responsibility for handling a death penalty appeal shall have at least five years' criminal experience, preferably including at least one homicide trial and at least six appeals from felony convictions, and meet the requirements of SPRC 2. RALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel alone for a case on appeal to the Superior Court from a Court of Limited Jurisdiction should meet the minimum requirements as outlined in Section 1, and have had significant training or experience in either criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more experienced attorney in preparing and arguing an RAW appeal. 14.4 Legal Interns A. Legal interns must meet the requirements set out in APR 9. B. Legal interns shall receive training pursuant to APR 9 and in offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held. Standards for Indigent Defense Washington State Bar Association Page 12 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE CERTIFICATION OF COMPLIANCE "Applicable Standards" required by CrR3.1/ CrRLJ 3.1 / JuCR9.2 For criminal and juvenile offender cases, a signed certification of compliance with Applicable Standards must be Sled by an appointed attorney by separate written certification on a quarterly basis in each court in which the attorney has been appointed as counsel. The certification must be in substantially the following form: SEPARATE CERTIFICATION FORM Court of Washington for Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1 / CrRLJ 3.1 / JuCR 9.2 The undersigned attorney hereby certifies: 1. Approximately % of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to Tepresent indigent persons and that: a. Basic QuaMcations: I meet the minir rum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential mew with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 52 c. Investigators: I have investigators available to me and will use investigation services as Standards for Indigent Defense Waahiagton State Bar Association Page 13 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 STANDARDS FOR INDIGENT DEFENSE appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 32 during representation of the defendant in my cases. [Effective 9/1/13: I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] Defendant's Lawyer, WSBA# Date Standards for Indigent Defense Washington State Bar Association Page 14 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 1 Motion authorizing the City Attorney to file lawsuits and /or take code enforcement action regarding properties located at 600 National Avenue, Bremerton, Washington and 1926 North Callow Avenue, Bremerton, Washington.