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Home My WebLink About09-079 - Griffin Theresa - 2009-2010 Confilct Public Defense (Municipal Court) Contract No. 09 -079 Uouncii Approval N/A CONTRACT FOR CONFLICT PUBLIC DEFENSE SERVICES This Contract 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 Theresa Griffin, 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. Scope 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 April 1, 2009. This Contract shall remain in full force and effect through April 1, 2010, unless terminated earlier pursuant to the provisions of this Contract. 3. Compensation. A. Per Case. The City shall pay the Attorney the sum of one hundred and twenty -five dollars ($125.00) per case. This payment will include pretrial motions, trial, sentencing, matters set on the regular conflict attorney calendar and revocation hearings. The Attorney is not required to attend matters set on the readiness calendar or review hearings. The Attorney shall be deemed to have completed his/her 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. Payment will be made to the Attorney when the case is resolved. B. Jury Trials. The City shall pay the Attorney an additional sum of one hundred and fifty dollars ($150.00) for any case that goes to jury trial. C. Appeals. The City shall pay the Attorney an additional sum of seventy five dollars ($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 the Attorney of the Day, the City shall pay the Attorney the sum of one hundred and fifty dollars ($150.00) per day. E. Billing. The Attorney shall bill the City monthly. The City agrees to seek approval for payment as soon as possible after receipt. 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 of City ordinances. 5. 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 extensions 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 performed 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 be terminated at any time 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 canceled 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 person 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, Washington 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. CITY OF TUKWILA DATED this ck" A /411-4— P or, Jim Ha ATTEST /AI,JTHENTICATED: Christy O'Flal{e�rty, Clerk APPROVED AS TO FORM: Office of the City Attorney pa day of ATTORNEY 2009 Printed Name: Atere SA, (r/iV4 WSBA /a ADDRESS: 3 4 5W S ri /6