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Everett Law Association 12/3/2018
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Everett Law Association 12/3/2018
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Entry Properties
Last modified
6/28/2023 2:16:57 PM
Creation date
12/11/2018 9:59:52 AM
Metadata
Fields
Template:
Contracts
Contractor's Name
Everett Law Association
Approval Date
12/3/2018
Council Approval Date
11/28/2018
End Date
12/31/2023
Department
Purchasing
Department Project Manager
Theresa Bauccio Teschlog
Subject / Project Title
Primary Public Defense Services
Tracking Number
0001527
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Purchase
Retention Period
6 Years Then Destroy
Document Relationships
Everett Law Association 6/28/2023 Amendment 1
(Contract)
Path:
\Documents\City Clerk\Contracts\Agreement\Other Services Agreements
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2.4.6 Process Service. The normal, reasonable cost for the service of a <br /> subpoena. <br /> 2.5 Review and Renegotiation. <br /> 2.5.1 Due to Increases or Decreases in Case Load. The parties agree that <br /> the compensation stated in Section 2, unless adjusted under this Section 2.5, represents complete <br /> compensation to the Public Defender for the Projected Case Count. Except for reductions in post- <br /> sentencing hearings (which will be handled as set forth in Section 2.1 above), the City and the <br /> Public Defender shall, at the option of either party, renegotiate this Agreement if there is (or is <br /> reasonably anticipated to be) either (i) a significant increase in the cases assigned, such that the <br /> Public Defender would be required to hire additional attorney staff to remain in compliance with <br /> the Decision, Supreme Court Standards and the standards for the provision of indigent defense <br /> services adopted by the City, or (ii) a significant decrease in the number of cases assigned, such <br /> that the Public Defender could reduce attorney staff and remain in compliance with the Standards. <br /> At the request of either party, the City and Public Defender will periodically review case <br /> assignment trends, requests for additional credits and any other matters needed to determine <br /> Agreement compliance or necessary Agreement modifications. Public Defender shall promptly <br /> notify the City when quarterly case loads can reasonably be anticipated to require use of overflow <br /> or conflict counsel to assure that cases assigned to Public Defender remain within the limits <br /> adopted in this Agreement and comply with state and local standards. <br /> 2.5.2 Renegotiation Due to Change in Rule or Standard. This Agreement <br /> may be renegotiated at the option of either party if the Washington State Supreme Court, the <br /> Washington State Bar or the City significantly modifies the Standards for Indigent Defense <br /> adopted pursuant to the Court rule or City Ordinance/Resolution. <br /> 2.6 SCORE. Public Defender will receive $300 for each calendar attended at <br /> King County's South Correctional Entity(SCORE). Public Defender will invoice the City for <br /> such calendars. <br /> 3. Term. The term of this Agreement shall be from January 1, 2019 for a 5 year term <br /> through December 31, 2023, unless sooner terminated as provided herein. The parties agree to <br /> negotiate in good faith to provide for an appropriate transition to a new Public Defender at the end <br /> of any term if the City is delayed in reaching agreement with a successor and the Public Defender <br /> is requested to continue past the termination date. <br /> 3.1 For Cause. This Agreement may be terminated for good cause for violation <br /> of any material term of this Agreement. "Material term" shall include any violation indicating a <br /> failure to provide representation in accordance with the rules of court, the ethical obligations <br /> established by the Washington State Bar Association, the willful disregard of the rights and best <br /> interests of the client, a willful violation of the Standards, the provisions of Section 6 relating to <br /> insurance,conviction of a criminal charge,and/or a finding that the license of an attorney providing <br /> service under this Agreement, has been suspended or revoked. Any violation of the other <br /> provisions of this Agreement shall be subject to cure. Written notice of Agreement violation shall <br /> 7 <br />
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