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Home My WebLink About11-044 - Hunter Kim - 2011-2012 Conflict Public Defense (Municipal Court) 11 -044 Council Approval N/A CONTRACT FOR CONFLICT PUBLIC DEFENSE SERVICES This Contract is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Kim Hunter, attorney at law, hereinafter referred to as "Attorney for the purpose of providing conflict public defense services for the Tukwila Municipal Court. 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 Attorney 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. Scone of Services. 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. 2. Term of this Contract. This Contract shall commence on March 1, 2011. This Contract shall remain in full force and effect through December 31, 2012 unless terminated earlier pursuant to the provisions of this Contract. 3. Compensation. a. Per Case. The City shall pay the Attorney the sum of $125.00 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 thirty (30) days therefrom. b. Jury Trials. The City shall pay the Attorney an additional sum of $150.00 for any case that goes to jury trial. c. 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. d. Attorney for the Day. If appointed as Attorney of the Day, the City shall pay the Attorney the sum of $150.00 per day. e. Billing. The Attorney shall bill the City monthly. The city agrees to seep approval for payment as soon as possible after receipt. i 0.-c2N 4. 24 -Hour Telephone Access. The Attorney shall provide to the Tukwila Police Department a telephone number or numbers at which the Attorney 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 criminal violations o f City ordinances. S. Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority to perform the services called for herein, and Attorney may employ associated counsel to assist him or her at Attorney's expense. The Attorney 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. 6. Independent Contractor. The Attorney and City agree that the Attorney is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Attorney nor any employee of the Attorney shall be entitled to any benefits accorded City employees by virtue of the services provided under this Contract. 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 Attorney, or any employee of the Attorney. 7. Discovery Provided. 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. Code Provided. The City shall provide to the Attorney at no cost to the Attorney, a copy of all criminal ordinances enacted by the City, and any amendments thereto adopted during the term of this Contract. 9. Indemnification. The Attorney shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Attorney in the performance of this contract, except for injuries and damages caused by the sole negligence of the City. 10. Proof of Professional Liability Insurance. During the term of this contract and any extension thereof, the Attorney shall secure and maintain a policy of comprehensive professional liability insurance provided by an insurance company licensed to do business in the State of Washington. Said policy shall have limits of not less than $1,000,000.00 and shall name the City of Tukwila as an additional named insured. Said insurance policy shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. 11. Assignment and Subcontract. The Attorney shall not assign or subcontract any portion of the services contemplated by this Contract. 12. Applicant Screening. 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 Attorney determine a defendant is not eligible for public defense services prior to the establishment of the attorney /client privilege, the Attorney shall so advise the city to reconsider the screening of that particular individual. 13. Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Attorney. 14. Termination. This Contract may at any time be terminated by the City giving to the Attorney thirty (30) days written notice of the city's intention to terminate the same. If the Attorney's insurance coverage is cancelled for any reason, the City shall have the right to terminate this Contract immediately. 15. Discrimination Prohibited. In providing the services under this contract, the attorney shall not discriminate against any persons on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 16. Entire Agreement. This Contract contains the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or bind any of the parties hereto. Either party may request changes to the Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: Municipal Court City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to the Attorney shall be sent to the address provided by the Attorney upon the signature line below. 18. Applicable Law: Venue: Attorney's Fees. This Contract 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 contract, 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. Dated THIS PI day of a iktr. 20 CITY OF TUKWILA ATTORNEY 9 4. 7 r( 4:2.. Ji H ggerton,‘9, Kim flunter ATTEST /AUTHENTICCATED: Printed Name: E• r WSBA 3 3 0 W Christy O'Flaherty, City Clerk H ADDRESS: a71 /7 L I 5 APPROVED AS TO FORM: Office of the City Attorney l/L� BY: