HomeMy WebLinkAbout13-208 - Stender Kurt - 2013 Public Defense ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:l 3 -208
Council Approval N/A
CONTRACT FOR PUBLIC DEFENSE SERVICES
FOR AARON JAMES BROWN JR. — CASE NO. 320790405
This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional
municipal code city hereinafter referred to as "the City," and Kurt Stender, hereinafter referred to as "the
Contractor," whose principal office is located at 33919 - 9th Ave 5, Suite 101B In Federal Way, Washington.
WHEREAS, the City has determined the need to have certain services performed for its citizens but does
not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and
conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto
agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services
described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In
performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes,
rules and ordinances applicable to the performance of such services and the handling of any funds used in
connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of
Ethics, as set forth in Ordinance No. 2068. The Contractor shall certify compliance with the standards
required by CrRU 3.1. The Certification shall take substantially the same form as that attached hereto as
Exhibit C attached hereto and shall be filed quarterly with the Tukwila Municipal Court on the following dates:
January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a weekend or holiday.
The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule
of services is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to
the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum
limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the
Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing November
25, 2013, and ending at the resolution of Case No. 3z0790405, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any
employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise
assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor.
Stender Conflict Public Defender Agreement Page 1 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City. 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
Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder
shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
7. Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement
professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate.
Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole
discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement.
8. Record Keeping and Reporting.
A. The Contractor 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 Agreement and other such records as may
be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement
shall be subject at all times to inspection, review or audit by law during the performance of this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30)
days written notice of the City's intention to terminate the same. Failure to provide products on schedule
may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the
City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for
employment, or any person seeking the services of the Contractor to be provided under this Agreement on
the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory,
mental or physical handicap.
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services
contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the
entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations,
representations, or agreements written or oral. No amendment or modification of this Agreement shall be
of any force or effect unless it is in writing and signed by the parties.
Stender Conflict Public Defender Agreement Page 2 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof
and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their
sense and context are reasonably intended to survive the completion, expiration or cancellation of this
Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line
below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted
to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be
properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
17. Severabilitv and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof
and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their
sense and context are reasonably intended to survive the completion, expiration or cancellation of this
Agreement, shall survive termination of this Agreement.
DATED this day of 1).014 0-2-,,-vD{! -vim , 2013.
CITY OF TUKWILA CONTRACTOR
Attest /Authenticated:
Christy O'Flahert , City Clerk
Stender Conflict Public Defender Agreement
By:
Kurt Stender, WSBA # 12, nit,
Address: 33919 - 9th Ave 5, Suite 101E
Federal Way, WA 98003
Approved as to Form:
Office of the City Attor ey
Page 3 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Exhibit A
Scope of Services
Contract Number:
1. The City has a contract for Public Defense Services with another law firm for the appointment of counsel to
defendants charged under ordinances of the City who qualify for public defense services. In the event the
law firm is unable to represent a defendant, the Attorney may be appointed by the Tukwila Municipal Court
Judge or her designee to provide legal representation. This contract for services applies to defendant Aaron
James Brown Jr., Case No. 3z0790405.
2. Services will include pretrial, motions, trial, and sentencing. The Attorney shall be deemed to have completed
its duty to the client and the court upon initial disposition of the assigned defendant's matter but shall
withdraw from representation of the defendant not sooner than forty -five (45) days therefrom.
3. If a defendant fails to appear (hereinafter "FTA ") for a hearing and a warrant issues, the Attorney shall submit
a Notice of Withdrawal no sooner than ninety (90) days following the FTA. In such cases, the duty to the
client and court Is complete upon submission of the Notice of Withdrawal. If the Attorney has had no contact
with the FTA defendant, the Attorney shall not bill the City.
4. Jury Trials, Appeals and Attorney for the Day shall be compensated as outlined in Exhibit B.
5. The Contractor shall provide to the Tukwila Police Department a telephone number or numbers at which the
Contractor can be reached twenty -four (24) hours each day for "critical stage" advice to defendants during
the course of police investigations and /or arrest for violations of City ordinances.
6. Any counsel associated with or employed by the Contractor shall have the authority to perform the services
called for herein and the Contractor may employ associated counsel to assist him or her at the Contractor's
expense. The Contractor and any other attorneys retained pursuant to this section shall be admitted to
practice pursuant to the rules of the Supreme Court of the State of Washington.
7. The City shall provide to the Attorney, at no cost to the Attorney or defendant, one copy of all discoverable
material concerning each assigned case, Such material shall include, where relevant, a copy of the abstract of
the defendant's driving record.
8. Determination of a defendant's eligibility for public defense services under this Contract shall be determined
by an independent screening process established by the city. Should the Contractor determine a defendant is
not eligible for public defense services prior to the establishment of the attorney /client privilege, the
Contractor shall so advise the City to reconsider the screening of that particular individual.
9. In the event representation of a defendant hereunder raises a conflict of interest such that the Contractor
cannot ethically represent the defendant, said defendant shall be referred back to the City for further
assignment, without cost to the Attorney.
Stender Conflict Public Defender Agreement Page 4 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Exhibit B
Contract Number:
Compensation and Method of Payment
1. Per Case. The City shall pay the Attorney the sum of $200.00 per case. This payment will include pretrial,
motions, trial, and sentencing. The Attorney shall be deemed to have completed its duty to the client and the
court upon initial disposition of the assigned defendant's matter but shall withdraw from representation of
the defendant not sooner than forty -five (45) days therefrom.
2. Jury Trials. The City shall pay the Attorney an additional sum of $150.00 for any case that goes to jury trial.
3. Appeals. The City shall pay the Attorney an additional sum of seventy five ($75.00) per hour plus the cost of
transcription services, for any matter assigned for appeal to the King County Superior Court.
4. Attorney for the Day. If appointed as Attorney of the Day, the City shall pay the Attorney the sum of $150.00
per day.
5. The Attorney shall bill the City monthly for all cases in which the Attorney has completed its duty to the client
and the court. The City agrees to seek approval for payment as soon as possible after receipt.
6. Any additional hearings (for example, Review Hearings) held before the Attorney has withdrawn shall be
included in the original assignment. Any additional hearings necessitated after the Attorney has withdrawn
shall be considered new assignments and billed separately.
Stender Conflict Public Defender Agreement Page 5 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA,
Plaintiff,
vs.
Defendant.
Contract Number:
EXHIBIT C — CERTIFICATION OF COUNSEL
IN THE MUNICIPAL COURT FOR THE CITY OF TUKWILA
STATE OF WASHINGTON FOR KING COUNTY
CERTIFICATION OF PPOINTED COUNSEL OF
COMPLIANCE WITH STANDARDS REQUIRED BY
CrR 3.1 /CrRLI 3.1 /JuCR 9.2
1. Approximately% of my total practice time is devoted to indigent defense cases.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to
represent indigent persons and certify that:
a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1.
b. Office: I have access to an office that accommodates confidential meetings with clients, and I
have a postal address and adequate telephone services to ensure prompt response to client
contact, in compliance with Standard 5.2.
c. Investigators: I have investigators available to me and will use investigation services as
appropriate, in compliance with Standard 6.1.
d. Caseload: i will comply with Standard 3.2 during representation of the defendant in my cases.
[Effective September 1, 2013: i should not accept a greater number of cases (or a proportional
mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent
for indigent defense is less than full time, and taking into account the case counting and
wei:hting system ..plicable in my jurisdiction.]
1/
Defendant' Lawyer, WSBA No. 1-6'16e, Date
2:1/1 3
Stender Conflict Public Defender Agreement Page 6 of 6