HomeMy WebLinkAbout3426 Contract Number: 3426
Vendor: ROVANG FONG�& ASSOCIATES
Subject: Public Defender - Primary
Department: Municipal Court �
File Class: LEG 12-1
� Begin Date: Ol/Ol/1993
End Date: 12/31/2009
Review Date: 02/15/2011
Vault Date: O1/O1/2011
Comments: Modification #1-10/08
Compensation for 2007-2009 negotiated by October of
- preceding year - Agreement for 2009 compensation
siqned 6/09
New Agreement 2010
City of Bremerton
Public Defense Services
2009 Contract for Services
2009 CONTRACT FOR
CITY OF BREMERTON PUBLIC DEFENSE SERVICES
WHEREAS, this Contract is made and entered into by and between The City of Bremerton ("the
City"), a Washington municipal corporation and Rovang Fong & Associates ("Public
Defender"), whose address is 569 Division Street, Suite A, Port Orchard, W A 98366.
WHEREAS, the City desires to have legal services, as described in the Contract, performed for
indigent persons legally entitled to appointed representation in the City of Bremerton, by Rovang
F ong & Associates, as an independent contractor.
WHEREAS, the City and the Public Defender agree that any and all funds provided pursuant to
this Contract 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 herein, and other good and valuable consideration, the parties CONTRACT
AND 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 unit of work. The total number of units that each attorney is
expected to perform is listed in the case credit workload standards.
C. City: 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 pauperis 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 ofBremerton.
H. Criminal Case: A case is anyone charge or series of related charges filed against one
defendant/respondent.
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1. 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.
1. A restitution hearing ordered at the time of original disposition shall be included
as part of the case credit as defined by this disposition description. It shall include the filing of a
notice of appeal, if applicable.
J. Discoverv: 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 an individual, 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 Contract.
L. Indigent Defendant: An indigent defendant is a person determined indigent 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
ofthe 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 Rovang Fong & Associates.
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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. Compensation of Counsel: Compensation of counsel shall be in accordance with the
schedule set forth in Attachment 1.
B. Duties and Responsibilities of Counsel: The duties and responsibilities of counsel shall be
in accordance with this agreement.
C. Caseload Limits: Public Defender caseloads for Bremerton misdemeanor cases shall be
no higher than 450 case credits per-attorney per-year. The supervising attorneys shall not carry a
caseload. .
D. Responsibility for Expert Witness Costs: After approval by the Court, expert witness fees
will be paid by the City.
E. Attornevs and Staff: The Public Defender shall provide two attorneys and one
paraprofessional staff person to provide services pursuant to this contract.
G. Supervision: The Public Defender shall provide supervising attorneys at the following
standards: one supervisor for every two attorneys.
Section 3: DURATION OF CONTRACT
This Contract shall commence on the first (1st) day of January 2009 and terminate the thirty-first
(31 st) day of December 2009 unless extended or terminated earlier pursuant to the terms and
conditions of this Contract.
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:
1. 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 contract shall be construed to impair or inhibit the exercise of
independent, professional judgment by an attorney employed by the Public Defender with
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respect to any client wherein an attorney-client relationship has been established pursuant to the
terms of this Contract.
3. Nothing in this contract shall require or permit, without the consent ofthe 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 ofthe 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 oflaw.
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 case assignments, including case
assignments above the projected variance levels. The City shall pay the Public Defender for
work in excess of the variance levels of this Contract.
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. No payment shall be made for
work done on cases which are subsequently identified as conflicts with the exception of cases in
which (after work has been performed) the client obtains a new attorney at his own expense or
through a request to the Court; or for other extraordinary circumstances approved by the City
including, but not limited to, information or evidence which defense counsel could not have
reasonably known or discovered at the time ofthe initial conflicts check.
F. Duties and Responsibilities of the Public Defender: In order to perform its
responsibilities under the Contract, 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;
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4. Suspend remove, or terminate personnel not adequately performing the duties and
responsibilities assigned, mishandling funds, 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 contract is terminated or not renewed, complete the
. .
representation of all clients who have been referred by the Court during the period in which the
contract is in effect for the compensation received or receivable under the terms of the Contract,
provided that completed representation is not made impossible by a client's failure to appear.
G. Duties and Responsibilities of Public Defender Attorneys: In order to perform their
duties under this Contract, 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. Use City funding to represent clients only in criminal matters in Bremerton
Municipal Court. Attorneys shall not use City funding to represent clients in any matter which is
civil in nature.
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 oflegal service activity by the Contract Administrator.
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.
3. The Public Defender shall establish practice standards to address the following
substantive areas of contract 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 Administrator for review by July 1, 2009. Practice
standards should address the following areas:
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a. Attorney practice, including but not limited to;
1. 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.
11. 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 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 obtain discovery
as soon as possible after case assignment but no later than three (3) business days ofthe
assignment, whether initial or subsequent, on any case. The Public Defender shall obtain a copy
of discovery at arraignment if available.
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 Contract shall only be used for
work which is authorized by this Contract.
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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
two supervising attorneys 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 ofthis Contract.
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 minimum 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 oflaw in which the Public Defender provides legal services to clients
under the terms of this Contract 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 interns pursuant to Admission to Practice Rule
(APR) 9. No more than 5% of the cases handled by the Public Defender may be assigned to Rule
9 interns.
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 contract 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 mannerhas been found to be ineffective on appeal by either an ethics panel or by an
appellate court.
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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. In 2009, the City shall reimburse the Public Defender for the services as specified in
Section 4, Scope of Work, in the amount not to exceed $190,000.
Any obligation by the City to provide any amount beyond what is available is specifically
conditioned on passage by the Bremerton City Council of a supplemental appropriation. In the
event that no additional funds are available, the caseloads and payments as currently described
shall be renegotiated to reflect total funds available.
B. The Public Defender shall provide the City with a certification of completed case
assignments twenty (20) working days after the close of each calendar month. The City will pay
the Public Defender by the thirtieth (30) working day of the following month.
C. The Public Defender will receive no fee for a misdemeanor case when the Court
dismisses the case upon the motion of the prosecuting attorney before any legal services have
been provided.
D. In the event of failure to comply with any items and conditions of this Contract 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 Contract.
Section 7: REPORTING REQUIREMENTS
Case Management System: The Public Defender will use a case management system that will
allow them to file the monthly report described below electronically.
Reporting: As of July 1, 2009, the Public Defender will provide the City with monthly
electronic reports in spreadsheet 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)
<I Criminal charges filed
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. If it was a probation review hearing
. Disposition of each charge
. Number of court hearings
. Number of failures to appear and warrants issued
· Defendant's jail custody status prior to sentencing
. Bench Trial, Jury Trial, Plea or Dismissal
· If dismissal, reason for the dismissal
. Whether an appeal was filed
· Attorney(s) name(s)
. Date case assigned
. Date case closed
. Hours spent by attorney
. Hours spent by each type of support staff, investigators, social workers, or
paralegals
As of July 1, 2009, the Public Defender must provide the Contract Administrator the reports
described below.
Report Title Due Date
Open and Closed Case Reports including Monthly (by 20th day of the following month)
attorney assignment
Expenditure Reports Monthly
Additional Credit Forms (used if the Court Monthly
appoints a public defender to a case)
Certification of Case Credits (certs) Agency response 10 days after receipt of Certs
from OPD
Quarterly Case Credit and Case Allocation Quarterly (April, July, October, January)
Report
Salary and Staff Position Reports, including Quarterl y
calendar coverage
Year-end Report of Reserve Accounts and January
Operating Accounts
Year-end Attorney Case Assignment Report January
Year-End Closed Case Report January
Annual Financial Statements, IRS Form 990, August
Audit Report including management letters
Additional summaries, reports or documents as Varies
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 (20th) day of the following month for services of the prior month. Payment
may be withheld if reports are not submitted on time.
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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 Contract.
Section 8: OPERATING BUDGET
The funds provided by the City to the Public Defender pursuant to the terms of this Contract are
solely for expenses that are directly and legitimately related to the performance ofthe provisions
of this Contract. In the event the City determines that funds paid pursuant to this Contract were
expended for any purposes other than those set forth in this Contract, such expenditure shall
constitute a matelial breach of this Contract. Income and expenses, including prorated overhead
costs, for the Bremerton Municipal Court cases shall be reported and traceable in a method
consistent with accounting standards noted below. If the Public Defender receives any revenue
from any other source, the costs paid, including prorated overhead, for work done with that
revenue shall be reported and traceable according to the accounting standards noted below.
Section 9: INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Public Defender shall establish and maintain a system of accounting and internal controls
that comply with generally accepted accounting principles and financial reporting standards
applicable to publicly supported not-for-profit corporations as prescribed by the Financial
Accounting Standards Board.
Section 10: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS
All official notices under this Contract shall be delivered to the following addresses (or such
other addressees) as either party may designate in writing):
If to City:
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
If to the Public Defender:
Rovang Fong & Associates
569 Division Street, Suite A,
Port Orchard, W A 98366
Section 11: 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 Contract
regarding Personal Performance of this Contract.
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Section 12: CORRECTIVE ACTION
If the City believes that a breach of this Contract 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 Contract 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 ofthe 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 Contract in whole or in part
pursuant to Section 13 (A) 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 13: TERMINATION AND SUSPENSION
A. The City may terminate this Contract 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 Contract.
2. The Public Defender engages in misappropriation of funds or fraudulent
disbursement of funds.
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3.
feasible.
The duties, obligations, or services herein become impossible, illegal, or not
4.
The City determines that the Public Defender Services are no longer necessary.
Before the City terminates this Contract pursuant to subsection 13. A. - Termination and
Suspension, the City shall provide the Public Defender written notice oftermination, 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 Contract is terminated in whole or in part pursuant to Subsection A of this
Section, the Public Defender shall be liable for damages, including the reasonable costs of the
procurement of similar 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.
B. In the event that for any reason, expected or actual funding from any source, not to
include funding appropriated by the City from City funds, shall be reduced, withdrawn,
suspended, or otherwise not available, the City may suspend or terminate any portion of this
Contract which relies on the reduced, withdrawn, suspended, or otherwise unavailable funds.
The City will notify the Public Defender in writing that the specific funding is no longer
available for all or part of this Contract, and upon receipt of such notice, the Public Defender will
be released from performing the services required under the terms ofthis Contract which relied
upon such funding. The City will be released from contracted liability with the Public Defender
for cases not yet assigned pursuant to portions of this Contract for which funds have not been
received by the City.
In the event that any such termination or suspension is required, the termination or suspension of
services required to be performed under the terms of this Contract shall be limited to such
services that directly rely on such funding; the balance of this Contract shall remain in full force
and effect.
C. In the event of the termination or suspension of this Contract, the Public Defender shall
remit any unexpended balance of funds paid for cases assigned and not completed, less the
amount the City and the Public Defender agree shall be necessary to deliver services in those
cases. The Contract Administrator may request the Public Defender to attempt to withdraw from
any case assigned and not completed. Provided that, should a court require, after the Public
Defender has attempted to withdraw, the appearance of counsel from the Public Defender for any
client previously represented by the Public Defender where such representation is no longer the
obligation of the Public Defender pursuant to the terms of this Contract, the City will honor
payment to the Public Defender upon judicial verification that continued representation is
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required. The amount to be paid to the Public Defender shall be on the same basis as assigned
counsel payments.
D. In the event that termination is due to misappropriation of funds, non-performance of the
scope of services, or fiscal mismanagement, the Public Defender shall return to the City those
funds, unexpended or misappropriated, which, at the time of termination, have been paid to the
Public Defender by the City.
E. Otherwise, this Contract shall terminate on the date specified herein, and shall be subject
to extension only by mutual agreement of both parties hereto in writing.
F. 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 Contract.
H. In the event of termination, suspension, or non-renewal of this Contract, all cases not
required to be completed by the Public Defender shall be returned to the Contract Administrator
for reassignment.
Section 14: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION)
A. The Public Defender shall address questions or claims regarding meaning and intent of
the Contract or arising from this Contract 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 15: EQUAL EMPLOYMENT OPPORTUNITY
A. 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 16: 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 Contract all required
licenses, permits, and similar legal authorizations, and comply with all requirements thereof.
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Section 17: 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, claims (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 Contract 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 immunity 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 Contract.
Section 18: INSURANCE
Insurance certification required. The Public Defender must carry the following coverages
and limits of liability:
· General Liability with a minimum limit of liability of$l,OOO,OOO combined single
limit each occurrence bodily injury and property damage.
· Automobile Liability covering owned and non-owned vehicles with a minimum limit
ofliability of $1 ,000,000 combined single limit each occurrence bodily injury and
property damage.
· Professional Liability (Errors, and Omissions) for attorneys with a minimum limit of
liability of $2,000,000 each claim.
G \Vorkers' Compensation per statutory requirements of the Washington industrial
insurance RCW Title 51.
Section 19: ESTABLISHMENT AND MAINTENANCE OF RECORDS
A. The Public Defender shall maintain accounts and records, including personnel, property,
financial, and programmatic records; which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed in the performance of this
Contract.
B. The Public Defender further covenants and agrees that it shall maintain all records which
sufficiently and properly reflect all costs and indirect costs of any nature for any subcontracts or
personal service contracts. Said records shall include, but not be limited to, documentation of
any funds expended by the Public Defender for said personal service contracts or subcontracts,
documentation of the nature of the service which is rendered, and records which demonstrate the
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amount of time spent by each subcontractor or personal service contractor rendering service
pursuant to the subcontract or personal service contract.
C. 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.
D. 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 l3.A
Section 20: AUDITS. RECORDS. AND ANNUAL FINANCIAL STATEMENTS
A. The Public Defender shall maintain records and accounts in accordance with accepted
accounting practices, including records of the time spent by the Public Defender on each case.
The Public Defender must ensure that the City has full access to materials necessary to verify
compliance with all tenns of this contract. 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, to auditing records, data, invoices, materials, payrolls and other data relating to all
matters covered by this contract. 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
Contract, 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 Contract 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 ofthe above provisions ofthis 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 Contract shall be submitted to the
City via electronic media (e-mail attachment or diskette) within the time limits for each report.
16
Section 21: CONTRACTUAL RELATIONSHIP
The relationship of the Public Defender to the City by reason of this Contract shall be that of an
independent contractor. This Contract 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 ofthe 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 overtime, any retirement benefits, worker's compensation benefits, and injury leave
or leave benefits. The Public Defender shall complete this Contract 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 Contract. The Public Defender further agrees that any
equipment or materials acquired with funds provided by this Contract shall be utilized for the
purpose of perfOllYiing the services contemplated/required by this Contract.
Section 22: ASSIGNMENT AND SUBCONTRACTIrm:
The Public Defender shall not assign or subcontract any of its obligations under this Contract
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 incorporate by reference all the temlS ofthis Contract. The Public Defender shall
ensure that all subcontractors comply with the obligations and requirements of the subcontract.
The City's consent to fulY assignment or subcontract shall not release the Public Defender from
liability under this Contract, or from any obligation to be performed under this Contract, whether
occurring before or after such consent, assignment, or subcontract.
Section 23: 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 contract 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 contract is performed by any person (employee, subcontractor, or otherwise) who:
(1) was a City officer or employee within the past twelve (12) months; and
17
(2) as such was officially involved in, participated in, or acted upon any matter
related to the Work.
Section 24: 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 Contract. 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-in-
law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of a City officer or
employee described above.
Section 25: 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 Contract. 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 Contract shall survive any termination or expiration of this
Contract.
Section 26: CO~F'IDENTIALITY
The parties agree that they will not permit the duplication or disclosure of any infonnation
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 othvr 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 Contract. 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 27: 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
Contract. This will be considered extra work, supplemental to this Contract,. and shall not
proceed unless authorized by an amendment. Any costs incurred due to the performance of extra
18
work prior to execution of an amendment will not be reimbursed under this Contract or an
amendment.
Section 28: MISCELLANEOUS PROVISIONS
A. Amendments: No modification of this Contract shall be effective unless in writing and
signed by an authorized representative of each of the parties hereto.
B. Binding Agreement: This Contract shall not be binding until signed by both parties. The
provisions, covenants and conditions in this Contract shall bind the parties, their legal heirs,
representatives, successors, and assigns.
C. Applicable LawNenue: This Contract 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 Kitsap County.
D. Remedies Cumulative: Rights under this Contract 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 Contract is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Contract shall not be
affected thereby, and each term and provision ofthis Contract shall be valid and
enforceable to the fullest extent permitted by law.
G. W aiv~G. 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 Contract: This document, along with any exhibits and attachments, constitutes the
entire Contract between the parties with respect to the \Vork. 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
Contract shall affect or modify any of the terms or obligations contained in this Contract
I. Negotiated-Awement: The parties acknowledge that this is a negotiated agreement, that
they have had the opportunity to have this Contract reviewed by their respective legal counsel,
and that the terms and conditions of this Contract are not to be construed against any party on the
basis of such party's draftsmanship thereof.
19
J. Political Activity Prohibited: None of the funds, materials, property, or services provided
directly or indirectly under this Contract shall be used in the performance of this Contract 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
Contract by having their representatives affix their signatures below.
c~~
CARYBOZEMAN,MAYOR
Date: ~AA>9
---
R:\Legal\Legal\Contracts\Municipal Court\Public Defender Contract.doc
20
CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND ROV ANG AND ASSOCIATES
This contract modification agreement specifically amends the Professional Services
Agreement (the "Agreement") entered into between the City of Bremerton and Rovang and
Associates ("Contractor") on November 17, 2005.
All provisions in the Agreement shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows:
I.
Section III. Compensation is hereby amended to increase the monthly compensation for September
through December 2008 from $9,731.92 to $13,238.67. Compensation for 2009, will be negotiated
pursuant to the terms of the Agreement.
II.
Contractor. accepts all requirements of this Contract Modification by endorsing below.
Contractor further agrees that this Contract Modification constitutes full and final settlement
of all of the Contractor's claims for contract time and for all costs of any kind either covered
or affected by this Contract Modification
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract.
ROV l
F, the parties have executed this Contract Modification on the day
IN WITNESS W
and year written
::~~
Its Mayor
DATE: Io)(plof
I
By
Its
()rI;-~ ) '3 z (;7,18-.
/
APPROVED AS TO FORM:
DATE:
ATTEST:
~~~c-> ~~~
Bre erton City Att?~ .
~
City Cl k
R:\Legal\Legal\Contracts\Municipal Court\Rovang - PSA Amd l.doc
CONTRACT MODIFICA nON NO.1
Rovang and Associates
1
-- ------------------
+--------------------------------------------------------------------------+
+Enter Search Criteria, Press Esc Key to Transmit +
+Press Del Key to Terminate Delete Mode +
+ CHANGE Contract Transactions +
+ Contract Number 3426 +
+ +
+vendor Name ROVANG & ASSOCIATES =1,
+Subject PUBLIC DEFENDER - PRIMARY --
= ,Department MUNI COURT --
"Status Code LGL --
+ Amount $109563.00 "
+ Begin Date 01/01/1993 "
+ Insurance End Date 12/31/2009 +
+ Type Amount Review Date 08/01/200 6 =1,
+ E&O $1000000.00 - -
+ - -
- - =f
- - Insurance Total $1000000.00 "
=f Insurance Review Date 06/01/2006 "
+ - -
+ Comments COMP FOR 2007-2009 NEGOTIATED BY OCTOBER PRECEDING YEAR - .
- - +
- - +
+--------------------------------------------------------------------------+
PROFESSIONAL SERVICES AGREEMENT
Legal Representation for Indigent Persons
The City of Bremerton ("City") and Rovang and Associates ("Attorney"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Attorney agrees to provide legal representation for indigent persons as
assigned by the Bremerton Municipal Court.
Legal representation shall include, but not be limited to, appearance and pre-trial
discovery procedures, attendance at pre-trial discovery procedures, attendance at pre-trial and
motion calendars, chamber conferences, trials, and appeals in Superior Court from Bremerton
Municipal Court.
Notwithstanding the requirements above, Attorney shall not be required to accept
appointments in which a conflict of interest exists as defined by the Rules of Professional
Conduct promulgated by the Supreme Court of the State of Washington.
In the case of such conflict which precludes representation of an indigent person by
Attorney, Attorney shall notify the Bremerton Municipal Court as to the conflict as soon as
possible after appointment. Provided, in those cases where Attorney determines a conflict of
interest to exist, they shall not be deemed "assigned" cases for the purpose of compensation if the
conflict of interest is determined, or could have been determined by due diligence prior to or at
the time of the pre-trial hearing.
Attorney agrees that he will not accept private practice workloads that interfere with the
rendering of quality representation of indigent clients.
II. Term:
A. This contract shall cover a period of forty-eight (48) months commencing January
1, 2006 and terminating December 31, 2009.
\ B. Attorney agrees that he will continue to represent indigent clients in cases where
he is appointed prior to the end of the term of this Agreement and which carry-over subsequent
to the end of this Agreement until such cases are completed, but not beyond one hundred twenty
(120) days of termination of this Agreement. Such carry-over cases will be included in the final
accounting and report provided to the Municipal Court Manager.
III. Compensation:
A. In consideration of the services provided pursuant to this Agreement, the City
shall pay Attorney a flat fee for indigent representation in the sum of Nine Thousand One
Hundred Thirty Dollars and Twenty-five Cents ($9,130.25) monthly for the period beginning
January 1, 2006 through December 31, 2006. The aforementioned compensation is based upon
an estimated volume of 78 cases per month.
BremertonlRovang & Associates
Page 1 of6
I
B. Compensation for 2007, 2008, and 2009 shall be negotiated by October of the
preceding year for increases or decreases in the contract amount. Negotiations should reflect
economic indicators such as cost of living factors and increase or decrease in case load of five
percent (5%) or more. If case load volume varies significantly from projections on a continuous
basis, either party can request that negotiations be reopened in good faith.
In the event the Parties are unable to agree upon compensation for 2007,2008, or 2009, a
mediator shall be appointed to assist the parties in resolving their disagreements. The mediator
shall be a person agreed upon by the Parties at the time the dispute arises. The two parties shall
share the cost of said mediator equally. Any changes in compensation for 2007,2008, and 2009
shall be based on the following factors:
(1) Cost of living factors;
(2) Past agreements of the parties for comparable work performed;
(3) Comparison to reasonable cost projections by the City of Bremerton for
providing these services in house; and
(4) Overhead and expense of Attorney in rendering the services, including
reasonable profit margin.
All payments on this Agreement by the City shall be paid on or before the fifteenth day
of the month following the delivery of service during the life of the Agreement, except in those
months when the fifteenth day of the month is before the first monthly Bremerton City Council
meeting.
It is understood and agreed that this fee amount includes all expenses and costs incurred
by Attorney in any court in which he represents a person appointed to him by the terms of this
Agreement, including administrative and support services, except (a) fees and reasonable
expenses for filing on appeal; (b) expert witness fees and interpreter fees; and (c) other fees
approved by the Court on a case by case basis upon motion.
IV. Assignments: An assigned case for purposes of case load volume may include multiple
counts per defendant including multiple citations so long as they arise out of a single event or
transaction and are transmitted under one assignment. All activity under the case number shall
be considered part of the original assignment; e.g. revocation of probation or reappearance after
failure to appear.
I
Attorney shall submit a monthly statement describing the services rendered with a
breakdown for work completed as authorized under this Agreement.
V. Facilities: City shall provide Attorney independent confidential office facilities and
telephone to be used for client consultations and interviews.
Attorney shall also be provided two parking placards for use in designated spaces to be
approved by the Municipal Court Manager.
BremertonlRovang & Associates
Page 2 of6
--------
VI. Relationship of Parties: Attorney represents that it is skilled in the matters pertaining to
criminal law services and will perform independent functions and responsibilities within its field
of expertise. Attorney and its personnel are independent contractors and not employees of the
City. Attorney and its personnel have no authority to bind the City or to control the City's
employees and other entities. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are
available from the City to the employees, agents, representatives, or sub-contractors of the
Attorney. Attorney will be solely and entirely responsible for its acts and for the acts of
Attorney's agents, employees, representatives and sub-contractors during the performance of this
Agreement. The City may, during the term of this Agreement, engage other independent
Attorneys to perform the same or similar work.
As an independent Attorney, Attorney is responsible for its own management. The City's
ildministration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over Attorney or its personnel.
As an independent contractor, Attorney is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Attorney.
Attorney shall work under the direction of the Municipal Court Manager.
VII. Indemnification: Attorney shall be solely responsible for the acts and failures to act of its I
personnel which arise in any way out of Attorney's performance of this Agreement. Attorney
agrees to defend, indemnify, and hold harmless the City and its officials and employees from and
against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting
from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or
in consequence of the acts or failures to act of Attorney, its employees, its subcontractors, its
agents, or its assigns in the performance of this Agreement, except for that portion of the injuries
and damages caused by the City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction 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 negligence of the Attorney
and the City, its officers, officials, employees, agents and volunteers, the Attorney's liability
hereunder shall be only to the extent of the Attorney's negligence.
BremertonlRovang & Associates
Page 3 of6
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ATTORNEY'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. Insurance: Prior to the commencement date of this Agreement, Attorney shall provide
Certificates of Insurance to the City's Risk Manager verifying the following coverage:
1. Professional liability policy ("E&O") providing coverage of $1,000,000 for errors and
omissions committed by Attorney while performing its obligations under this Agreement.
The policy shall remain in full force and effect, and provide coverage for the full term of
this Agreement. Attorney shall provide the Risk Manager with 30 days' written notice of any
cancellation or change of coverage of the policy.
The Attorney's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
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.
IV. General Conditions:
A. Subsequent Representation: Attorney agrees that he will not accept subsequent
representation in civil litigation for a defendant, or other affected party, in a matter arising from a
case or proceeding for which Attorney has provided services pursuant to this Agreement.
Attorney is in no way limited in making recommendations to defendants, or other affected
parties, to pursue litigation against the City for any matter arising from a case or proceeding
relevant to Attorney's services provided under this Agreement. Attorney is free to institute
litigation against the City in any matter not arising from cases or proceedings for which Attorney
has provided services under this Agreement. This provision is subject to approval of the
Washington State Bar Association, upon review requested by both parties.
B. Reports and Information: Attorney, at such times and in such form as the City may
require, shall furnish the City such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this Agreement, the costs and
obligations incurred in connection therewith, and any other matters covered by this Agreement.
Attorney shall maintain accounting records in accordance with Generally Accepted Accounting
Principles (GAAP) to substantiate all billed amounts.
C. Work Performed at Attorney's Risk: Attorney shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and sub-contractors in the
BremertonIRovang & Associates
Page 4 of6
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Attorney's own risk, and Attorney 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.
D. Place of Work: The Attorney shall perform . the work authorized under this
Agreement at its offices in Port Orchard, Washington and at the offices provided by the City.
Meetings with the City staff shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
E. Assignabilitv: Attorney shall not assign any interest in this Agreement and shall not
transfer any interest in same (whether by assignment or novation), without the prior written
consent of the City thereto; provided, however, that claims for payment under this Agreement
may be assigned and, provided, further, that nothing herein shall prohibit Attorney from
I assigning duties under this Agreement to an employee of Attorney qualified to provide the same.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Amendments: The parties hereby agree that this Agreement can not be amended or
modified without the written concurrence of both parties.
1. Notices: Any notices required to be given by. the City to the Attorney or by
Attorney to the City shall be in writing and delivered to the following parties at the following
addresses:
City Address Attorney Address
Municipal Court Manager W. David Rovang
City of Bremerton Rovang & Associates
239 Fourth Street 569 Division Street, Suite A
Bremerton, WA 98337 Port Orchard, W A 98366
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Attorney shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
M. 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 Kitsap County Superior Court.
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
BremertonlRovang & Associates
Page 5 of6
X. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
XI. Termination: This Agreement shall remain in force until completion and acceptance of
the services, termination by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within five (5)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Attorney shall include a report showing the status of all items listed in the Scope of Work current
through the termination date. Attorney shall continue to provide representation on cases
I assigned prior to the effective date oftermination.
By: ,
its:
Date:
as to form:
/I
City Attorney
R:\LEGAL\Contracts\Municipal Court\Rovang - PSA 2006.doc
Bremerton/Rovang & Associates
Page 6 of6
+--------------------------------------------------------------------------+
+Enter Search Criteria, Press Esc Key to Transmit '"
tpress Del Key to Terminate Delete Mode ,l"
CHANGE Contract Transactions <-
Contract Number 3426 ..
.. --
: 'Vendor Name ROVANG & ASSOCIATES ..
"Subj ect PUBLIC DEFENDER - PRIMARY ..
, ,Department MUNI COURT ..
, 'Status Code LGL ..
.. Amount ..
.. Begin Date 01/01/1993 "
.. Insurance End Date 12/31/2005 "
.. Type Amount Review Date 08/01/2005 "
.. E&O $1000000.00 ..
o. --
.. ..
.. Insurance Total $1000000.00 "
.. Insurance Review Date 06/01/2005 "
.. ..
.. Comments JONNA MAY WANT TO CHANGE THIS CONTRACT ..
T ..
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AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
Legal Representation for Indigent Persons
WH ~,REAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as
"City"), and W. DAVID ROVANG, Attorney at Law (hereinafter referred to as "Attorney" entered into
an Agreement dated October 12, 1999, and
WHEREAS, the parties desire to extend the term of this Agreement and amend the compensation,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties do
hereby agree:
Section 2. Term is amended to read as follows:
a. This contract shall cover a period of thirty-six (36) months commencing
January 1, 2003 and terminating December 31, 2005; and may be extended thereafter upon mutual
agreement of the parties.
Section 3. Compensation is amended to read as follows:
a. City shall pay Attorney a fiat fee for indigent representation in the sum of Eight Thousand Seven
Hundred Fifty and No/100 Dollars ($8,750.00) monthly for the period beginning
January 1, 2003, through December 31, 2003. The aforementioned compensation is based upon an
estimated volume of seventy-eight (78) cases per month.
b. Compensation for 2004 and 2005 shall be negotiated by October of the preceding year for
increases or decreases in the contract amount. Negotiations should reflect economic indicators such as
cost of living factors and increase or decrease in caseload of five percent (5%) or more. If caseload
volume varies significantly from projections on a continuous basis, either party can request that
negotiations be reopened in good faith.
In the event the parties are unable to agree upon compensation for 2004 and 2005, either party may
terminate this contract which termination will be effective at the end of the then current year.
All payments on this Agreement by the City shall be paid on or before the fifth day of the month
following the delivery of service during the life of the Agreement, except in those months when the fifth
day of the month is before the first monthly Bremerton City Council meeting.
It is understood and agreed that this fee amount includes all expenses and costs incurred by Attorney
in any court in which he represents a person appointed to him by the terms of this Agreement, including
administrative and support services, except (a) fees and reasonable expenses for filing on appeal; (b)
expert witness fees and interpreter fees; and (c) other fees approved by the court on a case by case basis
upon motion.
Section 7. Insurance and Hold Harmless is amended by increasing the insurance requirements
from Three Hundred Thousand and No/100 Dollars ($300,000.00) to One Million and No/100 Dollars
($1,000,000).
The City and Attorney agree that all provisions of the original Agreement that are not in conflict with this
Amendment shall remain in full force and effect.
w.D
Date
~~k~ CARY BOZEMAN, Mayor
DEPARTMENTAL APPROVAL: APPROVED AS TO FORM:
KA~HLEEN I~CL~U-SK~EY'" / / ROGER LUBOVICH
Administrativ~Services Director ' ~/ City Attorney
PROFESSIONAL SERVICES AGREEMENT
Legal Representation for Indigent Persons
THIS AGI~EMENT is between the CITY OF BREMERTON, a municipal corporation
(berein~er referred to as "City"), and W. DAVID ROVANG, Attorney at Law (hereinafter
referred to as "Attorney").
WI'I~IESSETH:
1. Sc~q~e: Attorney agrees to provide legal representation for indigent p~-sons as assigned
by the Bremerton Municipal Court.
Legal representation shall include, but not be limited to, appearance and pre-trial discovery
procedure~, attendance at pre-trial discove~ proc4giures, attendance at pre-trial and motion
calendars, chamber conferences, trials, and appeals in Superior Court from Bremerton Municipal
Court. For those persons held "in custody" for crimes punishable in Bremerton Municipal Court
telephone only representation shall be provided.
Not withstanding the requirements above, Attorney shall not be required to accept
appointments in which a conflict of interest exists as defined by the Rules of Professional Conduct
promulgated by the Supreme Court oftbe State of Washington.
In the case of such conflict which precludes representation of an indigent person by Attorney,
Attorney shall notify the Bremerton Municipal Court, by written motion, as to the conflict as soon
as po~ible after appointment. Provided, in those cases where Attorney determines a conflict of
inter0st to exist, they shall not be deemed "assigned" cases for the purpose of compensation if the
conflict of interest is determined, or could have been determined by due diligence prior to or at
the time of the pre-trial hearing.
Attorney agrees that he will not accept private practice workloads that interfere with the
rendering of quality representation of indigent clients.
2. Term:
a, This contract shall cover a period of thirty-six (36) months commencing January 1, 2000
and terminating December 31, 2002; and may be extended thereafter upon mutual agreement of
the parties ......
b. Attorney agrees that he will continue to represent indigent clients in cases where he is
appointed prior to the end of the term of this Agreement and which can'y-over subsequent to the
end of this Agreement until such cases are completed, but not beyond one hundred twenty (120)
P~ofe. saiosml Se~'ic. es - Rovans
Pas~ 1 - September 1999
days of termination of this Agreement. Such car~.over cases will be included in final accounting
and report provided to the Director of Administrative Services.
3. Compensation:
a. City shall pay Attorney a fiat fee for indigent representation in the sum of Eight Thousand
Five Hundred Fifty-five and No/100 Dollars ($8,555.00) monthly for the period beginning
January 1, 2000, through December 31, 2000. The aforementioned compensation is based upon
an estimated volume of 78 cases per month.
b. Compensation for 2001 and 2002 shall be negotiated by October oftbe preceding year for
increases or decreases in the contract amount. Negotiations should reflect economic indicators
such as cost of living factors and increase or decrease in case load of five percent (5%) or more.
If case load volume varies significantly from projections on a continuous basis, either party can
request that negotiations be reopened in good faith.
In the event the parties are unable to agree upon compensation for 2001 and 2002, a mediator
shall be appointed to assist the pa~ies in resolving their disagreements. The mediator shall be a
person agreed upon by the parties at the time the dispute arises. Any changes in compensation for
2001 and 2002 shall be based on the following factors:
(1) Cost of living factors;
(2) Past agreements of the parties for comparable work performed;
(3) Comparison to reasonable cost projections by the City of Bremerton for providing
these services in house; and
(4) Overhead and expense of Attorney in rendering the services, including reasonable
profit margin.
Ail payments on this Agreement by the City shall be paid on or before the fiRh day of the
month following the delivery of service during the life of the Agreement, except in those months
when the fifth day of the month is before the first monthly Bremerton City Council meeting.
It is understood and agreed that this fee amount includes ali expenses and costs incurred by
Attorney in any court in which he represents a person appointed to him by the terms of this
Agreerneot, including administrative and support services, except (a) fees and reasonable expenses
for filing on appeal; (b) expert witness fees and interpreter fees; and (c) other fees approved by
the court on a case by case basis upon motion.
4. Assignments: An assigned case for purposes of case load volume may include multiple
counts per defendant including multiple citations so long as they arise out of a single event or
transaction and are transmitted under one assignment. If counts are severed upon motion, each
severed count(s) shall be counted as a separate assignment. All activity under the case number
ptof~ionel Servi~s - Rovans
Pag~ 2 - S~pt~mb~r 1999
shall be considered part of the original assignment; e.g. revocation of probation or reappearance
after failure to appear.
Attorney shall submit a monthly statement describing the services rendered with a breakdown
for work completed as authorized under this Agreement upon the standard form attached to the
Agreement as Exhibit "A", and incorporated herein by reference.
5. l~ncilities: City shall provide Attorney independent confidential office facilities and
telephone to be used for client consultations and interviews.
Attorney shall also be provided a parking placard for use in designated spaces to be approved
by the Director of Administrative Services.
6. Relationship of Parties: The parties understand and agree that Attorney is a practitioner
skilled in matters pertaining to criminal law services and will perform independent functions and
responsibilities in the area of its particular field of expertise. Attorney and its personnel shall act
as independent contractors and not employees of the City. As such, Attorney has no authority to
bind the City nor control employees of the City, contractors, or other entities. Within the
performance of these duties, Attorney shall work under the direction of the Director of
Administrative Services.
7. Imurance and Hold Harmless: Prior to and during the performance of the work
covered by this Agreement, Attorney shall provide the Risk Manager of the City of Bremerton
with evidence that it has obtained and maintains in full force and effect during the term of this
Agreement a policy of professional liability insurance and/or errors and omissions insurance
providing coverage of at least Three Hundred Thousand and No/100 Dollars ($300,000.00)
aggregate against professional liability or errors and omissions in connection with the work to be
performed by Attorney under this Agreement. Attorney shall furnish a certificate of insurance to
the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30)
days' written notice of any cancellation of said professional liability insurance.
Attorney agrees to defend, indenmify and save harmless the City, its appointed and elected
officers and employees, from and against all liability, loss, costs, damage and expense, including
costs and attorneys fees in defense therenfbecause of actions, claims or lawsuits for damages
resulting from personal or bodily injury, including death at any time resulting therefrom, sustained
or alleged to have been sustained by a person or persons and on account of damage to property,
arising or alleged to have arisen directly or indirectly out of or in consequence of or the
performance of this Agreement, whether such injuries to persons or damage to property is due to
the negligence of Attorney, its subcontractors, agents, successors or assigns. This provision shall
be inapplicable to the extent the City is judicially found negligent for such damage or injury.
8. General Conditions:
ptof~ional S~i~s - Rovans
Parc 3 - S~ember 1999
a. Attorney agrees that he will not accept subsequent representation in civil litigation for a
defendant, or other affected party, in a matter arising from a case or proceeding for which
Attorney has provided services pursuant to this contract. Attorney is in no way limited in making
recommeed~tions to defendants, or other affected parties, to pursue litigation against the City for
any matter arising from a case or proceeding relevant to Attorney's services provided under this
contract. Attorney is free to institute litigation against the City in any matter not arising from
cases or proceedings for which Attorney has provided services under this contract. This provision
is subject to approval of the Washington State Bar Association, upon review requested by both
parties.
b. Reports and Information - Attorney, at such times and in such forms as the City may
require, shall furnish the City such reasonable periodic reports and documents as it may request
pertaining to the work or seotices undertaken pursuant to this Agreement, the costs and
obligations incurred or to be incurred in connection therewith, and any other matters covered by
this Agreement. Attorney will maintain accounting records in accordance with generally accepted
accounting principles and practices to substantiate all invoiced amounts.
e. Assignability - Attorney shall not assign any interest in this Agreement and shall not
transfer any interest in same (whether by assignment or novation), without the prior written
consent of the City thereto; Provided, however, That claims for payment under this Agreement
may he assigned and, Provided, further, That nothing herein shall prohibit Attorney from assigning
duties under this Agreement to an employee of Attorney qualified to provide the same.
d. Entire Agreement - This Agreement constitutes the entire Agreement between the parties
and both parties acknowledga that there are no other agreements, either written or oral, that have
not been fully set forth in the text of this Agreement.
e. Amendments - The parties hereby agree that this Agreement can not be amended or
modified without the written concurrence of both parties.
f. Notices - Any notices required to be given by the City to Attorney or by Attorney to the
City shall be in writing and delivered to the following parties at the following addresses:
Administrative Services Director W. David Rovang
City of Bremerton Attorney at Law
239 4th Street 569 Division Street, Suite A
Bremerton, WA 98337 Port Orchard, WA 98366
g. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions
of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of
such right or power at any time be taken to be a waiver of any other breach.
prof~ional S~v~.cs - Rovan8
Pag~ 4 - Sq~te, mt=r 1999
h. Compliance with State, Local and Federal Laws - Attorney agrees to comply with
applicable local, state and federal laws in performance of all services under this Agreement.
9. Termination: This Agreement may be terminated for cause if either party fails
substantially to perform through no fault of the other and does not commence correction within
five (5) days of written notice and diligently completes the correction thereafter. Attorney shall
continue to provide representation on cases assigned prior to the effective date of termination.
10. Nondiscrimination: Attorney shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status or disability in
employment or the provision of services.
IN WITNESS WHERKOF the parties hereto have executed this Agreement the date and
year indicated.
W. DAVID ROVANG
Date
CITY OF BRigMERTON
L~HORTO , Mayor
DEPARTMENTAL APPROVAL:
KATHLEEN L. McCLUSKEY
Administrative Services DireCtor
II
II
professional Scrvice~ - Rovnns
P~,c 5 - Sq~mber 1999
APPROVED AS TO FORM:
RECEIVED FOR FILING:
KATHLEEN L. ~, City Cl~k
P~ofcsaional S~rvi~ - Rovan~
Pn~¢ 6 - Sel~mb~r 1999
PROFESSIONAL SERVICES AGREEMENT
Legal Representation for Indigent Persons
THIS ~NT is between the CITY OF BREMERTON, a municipal
corporation (hereinafter referred to as "City"), and W. DAVID
ROVANG, Attorney at Law (hereinafter referred to as "Attorney").
WITNESS~r~:
1. SCOPE: Attorney agrees to provide legal representation
for indigent persons as assigned by the Bremerton Municipal Court.
Legal representation shall include, but not be limited to,
appearance and pre-trial discovery procedures, attendance at pre-
trial discovery procedures, attendance at pre-trial and motion
calendars, chamber conferences, trials, and appeals in Superior
Court from Bremerton Municipal Court. For those persons held "in
custody" for crimes punishable in Bremerton Municipal Court
telephone only representation shall be provided.
Not withstanding the requirements above, Attorney shall not be
required to accept appointments in which a conflict of interest
exists as defined by the Rules of Professional Conduct promulgated
by the Supreme Court of the State of Washington.
In the case of such conflict which precludes representation of
an indigent person by Attorney, Attorney shall notify the Bremerton
Municipal Court, by written motion, as to the conflict as soon as
possible after appointment. Provided, in those cases where
Attorney determines a conflict of interest to exist, they shall not
be deemed "assigned" cases for the purpose of compensation if the
conflict of interest is determined, or could have been determined
by due diligence prior to or at the time of the pre-trial hearing.
Attorney agrees that he will not accept private practice
workloads that interfere with the rendering of quality
representation of indigent clients.
2. 'r~M:
a. This contract shall cover a period of forty-eight (48)
months commencing January 1, 1996, and terminating December 31,
1999; and may be extended thereafter upon mutual agreement of the
parties. The period beginning January 1, 1996, and extending
through December 31, 1996, is the last year of the current
contract. In consideration of a reduction in monthly compensation
which has been agreed to by Attorney, the City of Bremerton agrees
to extend the service contract through December 31, 1999.
1
b. Attorney agrees that he will continue to represent
indigent clients in cases where he is appointed prior to the end of
the term of this Agreement and which carry-over subsequent to the
end of this Agreement until such cases are completed, but not
beyond 120 days of termination of this Agreement. Such carry-over
cases will be included in final accounting and report provided to
the Director of Administrative Services.
3. COMPENSATION:
a. City shall pay Attorney a flat fee for indigent
representation in the sum of Eight Thousand One Hundred Sixty Six
and 00/100 Dollars ($8,166.00) monthly for the period beginning
January 1, 1996, through December 31, 1996-, which is the last year
of the current contract period. The aforementioned compensation is
based upon an estimated volume of 78 cases per month.
b. Compensation for 1997, 1998 and 1999 shall be negotiated
by October of the preceding year for increases or decreases in the
contract amount. Negotiations should reflect economic indicators
such as cost of living factors and increase or decrease in case
load of five percent (5%) or more. If case load volume varies
significantly from projections on a continuous basis, either party
can request that negotiations be reopened in good faith.
In the event the parties are unable to agree upon compensation
for 1997, 1998, and 1999, a mediator shall be appointed to assist
the parties in resolving their disagreements. The mediator shall
be a person agreed upon by the parties at the time the dispute
arises. Any changes in compensation for 1997, 1998, and 1999 shall
be based on the following factors:
(1) Cost of living factors; (2) Past agreements of the
parties for comparable work performed; (3) Comparison to
reasonable costs projections by the City of Bremerton for
providing these services in-house; and (4) Overhead and
expense of Attorney in rendering the services, including
reasonable profit margin.
All payments on this Agreement by the City shall be paid on or
before the fifth day of the month following the delivery of service
during the life of the Agreement, except in those months when the
fifth day of the month is before the first monthly Bremerton City
Council meeting.
It is understood and agreed that this fee amount includes all
expenses and costs incurred by Attorney in any court in which he
represents a person appointed to him by the terms of this
Agreement, including administrative and support services, except
(a) fees and reasonable expenses for filing on appeal; (b) expert
witness fees and interpreter fees; and (c) other fees approved by
2
the court on a case by case basis upon motion.
4. ASSIGNMENTS: An assigned case for purposes of case load
volume may include multiple counts per defendant including multiple
citations so long as they arise out of a single event or
transaction and are transmitted under one assignment. If counts
are severed upon motion, each severed count(s) shall be counted as
a separate assignment. All activity under the case number shall be
considered part of the original assignment; e.g. revocation of
probation or reappearance after failure to appear.
Attorney shall submit a monthly statement describing the
services rendered with a breakdown for work completed as authorized
under this Agreement upon the standard form attached to the
Agreement as Exhibit "A", and incorporated herein by reference.
5. FACILITIES: City shall provide Attorney independent
confidential office facilities and telephone to be used for client
consultations and interviews.
Attorney shall also be provided a parking placard for use in
designated spaces to be approved by the Director of Administrative
Services.
6. R~LATIONSHIP OF PARTIES: ~ne parties understand and
agree that Attorney is a practitioner skilled inmatters pertaining
to criminal law services and will perform independent functions and
responsibilities in the area of its particular field of expertise.
Attorney and its personnel shall act as independent contractors and
not en~ployees of the City. As such, Attorney has no authority to
bind the City nor control employees of the city, contractors, or
other entities. Within the perforrmance of these duties, Attorney
shall work under the direction of the Director of Administrative
Services.
7. INSURANCE AND HOLD HAR~,RSS: Prior to and during the
performance of the work covered by this Agreement, Attorney shall
provide the Risk Manager of the City of Bremerton with evidence
that it has obtained and maintains in full force and effect during
the term of this Agreement a policy of professional liability
insurance and/or errors and omissions insurance providing coverage
of at least Three Hundred Thousand Dollars ($300,000.00) aggregate
against professional liability or errors and omissions in
connection with the work to be performed by Attorney under this
Agreement. Attorney shall furnish a certificate of insurance to
the City for review by the City's Risk Manager. The Risk Manager
shall be provided thirty (30) days' written notice of any
cancellation of said professional liability insurance.
Attorney agrees to defend, inderanify and save harmless the
City, its appointed and elected officers and employees, from and
3
against all liability, loss, costs, damage and expense, including
costs and attorneys fees in defense thereof because of actions,
claims or lawsuits for damages resulting from personal or bodily
injury, including death at any time resulting therefrom, sustained
or alleged to have been sustained by a person or persons and on
account of damage to property, arising or alleged to have arisen
directly or indirectly out of or in consequence of or the
performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of Attorney, its
subcontractors, agents, successors or assigns. This provision
shall be inapplicable to the extent the City is judicially found
negligent for such damage or injury.
8. G~KALCONDITIONS:
a. Reports and Information - Attorney, at such times and in
such forms as the City may require, shall furnish the City such
reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this
Agreement. Attorney willmaintain accounting records in accordance
with generally accepted accounting principles and practices to
substantiate all invoiced amounts.
b. Assignability - Attorney shall not assign any interest in
this Agreement and shall not transfer any interest in same (whether
by assignment or novation), without the prior written consent of
the City thereto; Provided, however, That claims for payment under
this Agreementmay be assigned and, Provided, further, That nothing
herein shall prohibit Attorney from assigning duties under this
Agreement to an employee of Attorney qualified to provide the same.
c. Entire Agreement - This Agreement constitutes the entire
Agreement between the parties and both parties acknowledge that
there are no other agreements, either written or oral, that have
not been fully set forth in the text of this Agreement.
d. Amendments - The parties hereby agree that this Agreement
can not be amended or modified without the written concurrence of
both parties.
e. Notices - Any notices required to be given by the City to
Attorney of by Attorney to the City shall be in writing and
delivered to the following parties at the following addresses:
Administrative Services Director W. David Rovang
City of Bremerton Attorney at Law
239 4th Street 569 Division Suite A
Bremerton, WA 98337 Port Orchard, WA 98366
4
f. Waiver Failure to insist upon strict compliance with
any terms, covenants or conditions of this Agreement shall not be
deemed a waiver of such, nor shall any waiver or relinquishment of
such right or power at any time be taken to be a waiver of any
other breach.
g. Compliance With State, Local and Federal Laws - Attorney
agrees to comply with applicable local, state and federal laws in
performance of all services under this Agreement.
9. 'r~INATION: This agreement may be terminated for cause
if either party fails substantially to perform through no fault of
the other and does not co,~Lence correction within five (5) days of
written notice and diligently completes the correction thereafter.
Attorney shall continue to provide representation on cases assigned
prior to the effective date of termination.
10. I~ONDISCRIMINATION: Attorney shall not discriminate in
employment or services to the public on the basis of race, color,
national origin, sex, religion, age, marital status or disability
in employment or the provision of services.
I~ WITI~SS WI{EREOF the parties heret~-%have executed this
Agreement the date and year indica~
Date W. DAVID ROVANG~
//
CITY OF BREMER~
Date LYNN HORTON, Mayor
ATTEST:
/{A'THLEE~ L. McC~USKEY, City Clerk
FORM:
IAN R. SIEVERS, City Attorney
5
TO
PROF1U88XONAL 8BRVXCES AGREEMENT
L'a~L RBPRBeBMTATXOM FOR XNDX(3RNT PBReoH8
THII aMeNDMENT amends that Professional Services Agreement
between the CITY OF BREMERTON and W. DAVID ROVANG, signed November
18 and 17, 1994, respectfully.
W I T N E S S E T H:
That in consideration of the mutual covenants set forth
herein, the parties hereto agree as follows;
1. Paragraph 3 of the Professional Services Agreement is
amended to change the compensation as follows:
3. COMPBNBATION~ Compensation for services
provided in 1995 shall be a flat fee in the sum of Nine
Thousand Five Hundred Eighty-three and 33/100 Dollars
($9,583.33) per month for the period of January 1, 1995
to December 31, 1995.
2. The remaining terms of the Professional Services Agreement
not inconsistent with this Amendment shall remain in full force and
effect.
IN WITNESS WHEREOF the parties hereto have executed this
Amendment the date and year indicated.
Date HORTON, Mayor
ATTEST:
KATHLEENMcCLUSKEY, C~ty Clerk
APPROVED AS TO FORM:
McN~, Assistant City Attorney
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
R~A~.)dO - Disk 11 - 10/31/~
PROFESSIONAL SERVICES AGREEMENT
Legal Representation for Indigent Persons
THIS AGREEMENT is between the CITY OF BREMERTON, a mUnicipal
corporation (hereinafter referred to as "City"), and W. DAVID
ROVANG, Attorney at Law (hereinafter referred to as "Attorney").
W I T N E S S ET H:
1. 8COPE: Attorney agrees to provide legal representation
for indigent persons as assigned by the Bremerton Municipal Court.
Legal representation shall include, but not be limited to,
appearance and pre-trial discovery procedures, attendance at pre-
trial and motion calendars, chamber conferences, trials, and
appeals to Superior Court from Bremerton Municipal Court. For
those persons held "in custody" for crimes punishable in Bremerton
Municipal Court telephone-only legal representation shall be
provided.
Notwithstanding the requirements above, Attorney shall not be
required to accept appointments in which a conflict of interest
exists as defined by the Rules of Professional Conduct promulgated
by the Supreme Court of the State of Washington.
In the case of such conflict which precludes representation of
an indigent person by Attorney, Attorney shall notify the Bremerton
Municipal Court, by written motion, as to the conflict as soon as
possible after appointment. Provided, in those cases where
Attorney determines a conflict of interest to exist, they shall not
be deemed "assigned" cases for the purpose of compensation if the
conflict of interest is determined, or could have been determined
by due diligence prior to or at the time of the pre-trial hearing.
Attorney agrees that he will not accept private practice
workloads that interfere with the rendering of quality
representation of indigent clients.
2. TERM~
a. Employment shall be for a period of thirty-five (35)
months commencing February 1, 1994, and shall expire December 31,
1996; and may be extended thereafter upon mutual agreement of the
parties.
b. Attorney agrees that he will continue to represent
indigent clients in cases where he is appointed prior to the end of
the term of this Agreement and which carry over subsequent to the
PROFESSIONAL SERVICES AGREEMENT --1--
ROVAMG2.PSA ' DISK 10 ' 10/20/93
end of this Agreement until such cases are completed, but not
beyond June 30, 1997. Such carry over cases will be included in
final accounting and report provided to the Director of
Administrative Services.
3. COMPENSATION:
a. City shall pay Attorney a flat fee for indigent
representation in the sum of Nine Thousand One Hundred Sixty-six
and 66/100 Dollars ($9,166.66) per month for the period of February
1, 1994 to December 31, 1994. The City shall pay one-half of start
up capital costs in the amount of Two Thousand Three Hundred Fifty
Dollars ($2,350.00) by February 4, 1993. The aforementioned
compensation is based on an estimated volume of 95 assignments per
month.
b. Compensation for 1995 and 1996 shall be negotiated by
October 31 of the preceding year for increases or decreases in the
contract fee. Any changes in compensation for 1995 or 1996 shall
be based on the following factors:
a) A change in the volume over the previous
contract year; b) Past fees under this
agreement; c) Cost of living factors; d)
Comparisons to reasonable cost projections for
the City of Bremerton for providing these
services in-house; e) Overhead and expense of
attorney in rendering the services, including
reasonable profit margin.
If case load varies significantly from that projected for the
contract year on a continuous basis, either party can request that
negotiations be reopened in good faith.
In the event the parties are unable to agree upon compensation
for 1995 or 1996, or upon an adjustment to the fee upon a request
to renegotiate by either party based on significant change of
volume during the contract year, an arbitrator shall be appointed
to adjust the contract fee based on a criteria outlined in this
section. The arbitrator shall be appointed as soon as the parties
agree they are at an impasse, but no later than November 1 for
annual fee adjustments. The arbitrator shall be a person agreed
upon by the parties when the dispute arises, but if the parties
cannot agree, an arbitrator shall be selected by the presiding
judge of Kitsap County Superior Court. The decision of the
arbitrator shall be final and binding upon both parties. The cost
of arbitration shall be shared by the parties.
c. All payments on this contract by City shall be paid on or
before the fifth day of the month following the delivery of service
during the life of the contract, except in those months when the
PROFESSIONAL SERVICES AGREEMENT -2-
ROVANG2.PSA - DISK 10 - 10/20/93
fifth day is before the first monthly Council meeting.
d. It is understood and agreed that this fee amount includes
all expenses and costs incurred by Attorney in any court in which
he represents a person appointed to him by the terms of this
Agreement, including administrative and support services, except
(a) fees and reasonable expenses for filing on appeal; (b) expert
witness fees and interpreter fees; and (c) other fees approved by
the court on a case by case basis upon motion.
4. ASSIGNMENTS: An assigned case for purposes of case load
volume may include multiple counts per defendant including multiple
citations so long as they arise out of a single event or
transaction and are transmitted under one assignment. If counts
are severed upon motion each severed count(s) shall be counted as
a separate assignment. All activity under the case number shall be
considered part of the original assignment; e.g., revocation of
probation or reappearance after failure to appear.
Attorney shall submit a monthly statement describing the
services rendered with a breakdown for work completed as authorized
under this Agreement upon the standard form attached to the
contract as Exhibit "A", and incorporated herein by reference.
5. FACILITIES: City shall provide Attorney independent
confidential office facilities and telephone to be used for client
consultations and interviews.
Attorney shall also be provided a parking placard for use in
certain designated spaces to be approved by the Director of
Administrator Services.
6. RELATIONSHIP OF PARTIES: The parties understand and
agree that Attorney is a practitioner skilled in matters pertaining
to criminal law services and will perform independent functions and
responsibilities in the area of its particular field of expertise.
Attorney and its personnel shall act as independent contractors and
not employees of the City. As such, Attorney has no authority to
bind the City nor control employees of the city, contractors, or
other entities. Within the performance of these duties, Attorney
shall work under the direction of the Director of Administrative
Services.
7. INSURANCE AND HOLD HARMLESS: Prior to and during the
performance of the work covered by this Agreement, Attorney shall
provide the Risk Manager for the City of Bremerton with evidence
that it has obtained and maintains in full force and effect during
the term of this Agreement a policy of professional liability
insurance, and/or errors and omissions insurance, providing
coverage of at least Three Hundred Thousand Dollars ($300,000)
aggregate against professional liability or errors and omissions in
PROFESSIONAL SERVICES AGREEMENT -3-
ROVANG2.PSA - DISK 10 - 10/20/95
connection with the work to be performed by Attorney under this
Agreement. Attorney shall furnish a certificate of insurance to
the City for review by the City's Risk Manager. The Risk Manager
shall be provided thirty (30) days' written notice of any
cancellation of said professional liability insurance.
Attorney agrees to defend, indemnify and save harmless the
City, its appointed and elected officers and employees, from and
against any and all liability, loss, costs, damage and expense,
including costs and attorneys fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death at any time resulting therefrom,
sustained or alleged to have been sustained by a person or persons
and on account of damage to property, arising or alleged to have
arisen directly or indirectly out of or in consequence of or the
performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of Attorney, its
subcontractors, agents successors or assigns. This provision shall
be inapplicable to the extent the City is judicially found
negligent for such damage or injury.
~. ~ENERAL CONDITIONS~
a. Reports and Information - Attorney, at such times and in
such forms as the City may require, shall furnish the City such
reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this
Agreement. Attorney will maintain accounting records in accordance
with generally accepted accounting principals and practices to
substantiate all invoiced amounts.
b. Assignability - Attorney shall not assign any interest in
this Agreement and shall not transfer any interest in same (whether
by assignment or novation), without the prior written consent of
the City thereto; Provided, however, That claims for payment under
this Agreement may be assigned and, Provided, further, That nothing
herein shall prohibit Attorney from assigning duties under this
Agreement to an employee of Attorney qualified to provide the same.
c. Entire Agreement - This Agreement constitutes the entire
Agreement between the parties and both parties acknowledge that
there are no other agreement, written or oral, that have not been
fully set forth in the text of this Agreement.
d. Amendments - The parties hereby further agree that this
Agreement cannot be amended or modified without the written
concurrence of both parties.
e. Notices - Any notices requires to be given by the City to
PROFESSIONAL SERVICES AGREEMENT -4-
ROVANG2.PSA - DISK 10 - 10/20/93
Attorney or by Attorney to the City shall be in writing and
delivered to the following parties at the following addresses:
Administrative Services Director W. DAVID ROVANG
City of Bremerton Attorney at Law
239 Fourth Street 569 Division, Suite ~
Bremerton, WA. 98310 Port Orchard, WA. 98366
f. Waiver - Failure to insist upon strict compliance with
any terms, covenants or conditions of this Agreement shall not be
deemed a waiver of such, nor shall any waiver or relinquishment of
such right or power at any time be taken to be a waiver of any
other breach.
g. Compliance with State, Local and Federal Laws - Attorney
agrees to comply with all applicable local, state and federal laws
in performance of all services under this Agreement.
9. TERMINATION: This Agreement may be terminated for cause
if either party fails substantially to perform through no fault of
the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter.
Attorney shall continue to provide representation on cases assigned
prior to the effective date of termination.
10. NONDISCRIMIN&TION: Attorney shall not discriminate in
employment or services to the public on the basis of sex, race,
color, creed, or national origin, age, marital status, physical,
mental or sensory handicap unless an employment action based on a
bonafide occupational qualification.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the date and year indicated...~/Q
Date LOUIS MEN~-6R~ Ma~or ~
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
IAN R. ~EVERS, City Attorney
PROFESSIONAL SERVICES AGREEMENT -5-
ROVANG~.PSA - DiSK 10 - 10/;~0/93
PROFESSIONAL SERVICES AGREEMENT
Legal Representation for Indigent Persons in Conflict Cases
THIS AGREEMENT is between the CITY OF BREMERTON, a municipal
corporation (hereinafter referred to as "City"), and W. DAVID
ROVANG, Attorney at Law (hereinafter referred to as "Attorney").
WITNESSETH:
X. SCOPE: Attorney agrees to provide legal representation
for indigent persons in conflict cases as assigned by the Court,
who qualify under Washington State guidelines for indigency, as
defined in 1983 Poverty Guideline 45 CF1611, or amendments thereto,
or who qualify in accordance with the provisions of CrRLJ 3.1(d) of
the Washington Court Rules (1989) and who are charged with crimes
punishable in Bremerton Municipal Court.
Legal representation shall include, but not be limited to,
appearance and pre-trial discovery procedures, attendance at pre-
trial and motion calendars, chamber conferences, trials, and
appeals to Superior Court from Bremerton Municipal Court. For
those persons held "in custody" for crimes punishable in Bremerton
Municipal Court telephone-only legal representation shall be
provided.
Notwithstanding the requirements above, Attorney shall not be
required to accept appointments in which a conflict of interest
exists as defined by the Rules of Professional Conduct promulgated
by the Supreme Court of the State of Washington.
In the case of such conflict which precludes representation of
an indigent person by Attorney, Attorney shall notify the Bremerton
Municipal Court, by written motion, as to the conflict as soon as
possible after appointment. Provided, in those cases where
Attorney determines a conflict of interest to exist, they shall not
be deemed "assigned" cases for the purpg~ ~ compensation if.the
conflict of interest is determined, or ~have been determined
prior to or at the time of the pre-trial hearing.
Attorney agrees that s/he will not accept private practice
workloads that interfere with the rendering of q~ality
representation of indigent clients.
2. TBRM:
a. Employment shall be for a period of 12 months commencing
January 1, 1993, and shall expire December 31, 1993; and may be
extended thereafter upon mutual agreement of the parties.
b. Attorney agrees that he will continue to represent
indigent clients in cases where he is appointed prior to the end of
the term of this Agreement and which carry over subsequent to the
end of this Agreement until such cases are completed. Such carry
over cases will.be included in final accounting and report provided
to the City by Attorney. Carry over cases shall not include
compliance hearings, probation revocation and/or fact finding
hearings, community service review, fine reviews, dismissal
hearings, or any similar post-sentencing/disposition matters not
calendared for hearing within six months after the end of the term.
A transition period from contractor to in-house attorney may be
negotiated.
c. All cases shall be completed which are assigned during
the Agreement term. No additional compensation will be paid for
cases which are completed after the term of this Agreement.
Attorney's duty to represent a defendant on an assigned case after
the term of this Agreement shall terminate if the defendant fails
to appear for any court proceeding and has not reappeared one (1)
month after a warrant has been issued and followed by a written
withdrawal. Attorney's duty to represent a defendant on a new
prosecution shall terminate upon entry of an Judgement and
Sentence, Dismissal, Compromise of Misdemeanors, or other like
order, the effect of which is to terminate a particular Municipal
Court ee~s~F~c~a~/~
3. COMPENSATION:
a. City shall pay Attorney a flat fee for indigent
representation in conflict cases the sum of $1,600.00 per month.
The aforementioned compensation is based on an estimated volume of
96 assignments per year. Any cases which are assigned in excessof
96 per year shall be paid at a rate of $200.00 per case within
thirty days of expiration of the contract.
An assigned case for purposes of case load volume may include
multiple counts per defendant including multiple citations so long
as they arise out of a single event or transaction and are
transmitted under one assignment. If counts are severed upon
motion each severed count(s) shall be counted as a separate
assignment.
Ail payments on this contract by city shall be 9aid on or
before the fifth day of the month following the delivery of service
during the life of the contract, except in those months when the
fifth day is before the first monthly Council meeting,
It is understood and agreed that this fee amount includes all
expenses and costs incurred by Attorney in any court in which s/he
represents a person appointed to him/her by the terms of this
Agreement, including administrative and support services, except
PROFESSIONAL SERVICES AGREEMENT 2
(a) fees for filing or costs on appeal; (b) expert witness fees and
interpreter fees; and (c) other fees approved by the court on a
case by case basis upon motion.
Attorney shall submit a monthly statement describing the
services rendered with a breakdown for work completed as authorized
under this Agreement upon the standard form attached to the
contract as Exhibit A, and incorporated herein by reference.
4. F~CILITIES: City shall provide Attorney independent
confidential office facilities to be used for client consultations
and interviews.
Attorney shall also be provided a parking placard for use in
certain designated spaces in the parking lot behind city hall, or
the City garage.
5. RELATIONSHIP OF PARTIES: The parties understand and
agree that Attorney is a practitioner skilled in matters pertaining
to criminal law services and will perform independent functions and
responsibilities in the area of its particular field of expertise.
Attorney and its personnel shall act as independent contractors and
not employees of the City. As such, Attorney has no authority to
bind the City nor control employees of the city, contractors, or
other entities. Within the performance of these duties, Attorney
shall work under the direction of the Director of Administrative
Services.
6. INSURANCE AND HOLD F.%RMLESS: Prior to and during the
performance of the work covered by this Agreement, Attorney shall
provide the Risk Manager for the City of Bremerton with evidence
that it has obtained and maintains in full force and effect during
the term of this Agreement a policy of professional liability
insurance, and/or errors and omissions insurance, providing
coverage of at least Three Hundred Thousand Dollars ($300,000)
aggregate against professional liability or errors and omissions in
connection with the work to be performed by Attorney under this
Agreement. Attorney shall furnish a certificate of insurance to
the City for review by the City's Risk Manager. The Risk Manager
shall be provided thirty (30) days' written notice of any
cancellation of said professional liability insurance.
Attorney agrees to defend, indemnify and save harmless the
City, its appointed and elected officers and employees, from and
against any and all liability, loss, costs, damage and expense,
including costs and attorneys fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death at any time resulting therefrom,
sustained or alleged to have been sustained by a person or persons
and on account of damage to property, arising or alleged to have
arisen directly or indirectly out of or in consequence of or the
PROFESSIONAL SERVICES AGREEMENT 3
performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of Attorney, its
subcontractors, agents successor~ or assigns. This provision shall
be inapplicable to the exter~[ the City is judicially found
negligent for such damage or injury.
7. GENERAL CONDITIONS:
a. Reports and Information - Attorney, at such times and in
such forms as the city may require, shall furnish the City such
reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this
Agreement. Attorney will maintain accounting records in accordance
with generally accepted accounting principals and practices to
substantiate all invoiced amounts.
b. Assignability - Attorney shall not assign any interest in
this Agreement and shall not transfer any interest in same (whether
by assignment or novation), without the prior written consent of
the city thereto; PROVIDED, HOWEVER, that claims for payment under
this Agreement may be assigned and, PROVIDED, further, that nothing
herein shall prohibit Attorney from assigning duties under this
Agreement to an employee of Attorney qualified to provide the same.
c. Entire Agreement - This Agreement constitutes the entire
Agreement between the parties and both parties acknowledge that
there are no other agreement, written or oral, that have not been
fully set forth in the text of this Agreement.
d. Amendments - The parties hereby further agree that this
Agreement cannot be amended or modified without the written
concurrence of both parties.
e. Notices - Any notices requires to be given by the City to
Attorney or by Attorney to the City shall be in writing and
delivered to the following parties at the following addresses:
Administrative Services Director W. DAVID ROVANG
City of Bremerton Attorney at Law
239 Fourth Street 569 Division, Ste D
Bremerton, WA 98310 Port Orchard, WA 98366
f. Waiver Failure to insist upon strict compliance with
any terms, covenants or conditions of this Agreement shall not be
deemed a waiver of such, nor shall any waiver or relinquishment of
such right or power at any time be taken to be a waiver of any
other breach.
PROFESSIONAL SERVICES AGREEMENT 4
g. Compliance with State, Local and Federal Laws - Attorney
agrees to comply with all applicable local, state and federal laws
in perfo~ance of all se~ices under this Agreement.
8. TE~INATION: This Agreement may be te~inated for cause
if either party fails substantially to perfo~ throu~ no fault of
the other and does not co~ence correction within five (5) days of
written notice and diligently completes the correction thereafter.
Attorney shall continue to provide representation on cases assigned
prior to the effective date of te~ination.
9. NO~ISCRIMINATION: Attorney shall not discriminate in
any manner on the basis of sex, race, color, creed, national
origin, age, martial status, physical, mental, or senso~ handicap
unless a bona fide occupational ~alification applies to an
emplo~ent action.
IN WITNESS ~EREOF the parties hereto have executed this
Agreeynt the date and year indicated.
DATE.~~~' W. D~G
By:
LOUIS MENTOR, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
APPROVED AS TO FORM:
I°~~S '- City Attorney
PROFESSIONAL SERVICES AGREEMENT 5
MEMORANDUM
TO: JUDGE BRUCE MARTIN
KATHLEEN McCLUSKEY
RE: REPORT FOR THE MONTH OF
* * * * * * * * * * * * * * * * * * * *
The Public Defender, through the law firm of W. DAVID ROVANG,
reports the following Court activity for the month of
Number of Defendants appointed to the Public Defender:
Number of charges filed against the above appointed Defendants:
Number of Notice of Appearances filed:
Number of Pre-trials:
Number of Chamber Conferences:
Number of Trials:
Number of Pleas/Sentencing:
Dismissals:
Motion/Hearings:
Very truly yours,
W. DAVID ROVANG
Public Defender
*List conflict cases by case name and number.
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT 6