2025/09/03 Council Agenda Packet

5 2.5.1 Due to Increases or Decreases in Case Load. The parties agree that the compensation stated in Section 2, unless adjusted under this Section 2.5, represents complete compensation to the RALJ Public Defender. The City and the RALJ Public Defender shall, at the option of either party, renegotiate this Agreement if there is or is reasonably anticipated to be either (i) a significant increase in the cases assigned, such that the RALJ Public Defender would be required to hire additional attorney staff to remain in compliance with the Decision, Supreme Court Standards and the standards for the provision of indigent defense services adopted by the City, or (ii) a significant decrease in the number of cases assigned, such that the RALJ Public Defender could reduce attorney staff and remain in compliance with the Standards. At the request of either party, the City and RALJ Public Defender will periodically review case assignment trends, requests for additional credits, and any other matters needed to determine Agreement compliance or necessary Agreement modifications. 2.5.2 Renegotiation Due to Change in Rule or Standard. This Agreement may be renegotiated at the option of either party if the Washington State Supreme Court, the Washington State Bar or the City significantly modifies the Standards for Indigent Defense adopted pursuant to the Court rule or City Ordinance/Resolution. 2.5.3 Renegotiation due to increased direct costs such as rent and labor. Every two years, the RAJL Public Defender may request a hourly price increase by providing proof of increase sufficient to allow the city to analyze the validity of the requested increase to the City Purchasing Manager. Such documentation must be presented not less than 60 days prior to the anniversary of the contract term. Any such increase will only be effective upon written acceptance issued by the City of Everett to the RALJ Public Defender. 3. Term. The term of this Agreement shall be from September 1, 2025, through August 31, 2027, unless sooner terminated as provided herein. The parties agree to negotiate in good faith to provide for an appropriate transition to a new RALJ Public Defender at the end of any term if the City is delayed in reaching agreement with a successor and the RALJ Public Defender is requested to continue past the termination date. 3.1 For Cause. This Agreement may be terminated for good cause for violation of any material term of this Agreement. “Material term” shall include any violation indicating a failure to provide representation in accordance with the rules of court, the ethical obligations established by the Washington State Bar Association, the willful disregard of the rights and best interests of the client, a willful violation of the Standards, the provisions of Section 6 relating to insurance, conviction of a criminal charge, and/or a finding that the license of an attorney providing service under this Agreement, has been suspended or revoked. Any violation of the other provisions of this Agreement shall be subject to cure. Written notice of Agreement violation shall be provided to the RALJ Public Defender who shall have thirty (30) business days to cure the violation. Failure to correct the violation will give rise to termination for cause at the City’s discretion. In lieu of terminating this Agreement, the City may agree in writing to alternative corrective measures.