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Home My WebLink AboutGreer, Stephen Esq. - 032210Qoj( SG CONTRACT REGARDING LEGAL REPRESENTATION IN MENTAL HEALTH CASES ON BEHALF OF JEFFERSON COUNTY WHEREAS, JEFFERSON COUNTY (hereinafter referred to as County) wishes to ensure the continued provision of court appointed legal representation for persons who are the subjects of petitions for involuntary treatment pursuant to Chapter 71.05 Revised Code of Washington; and WHEREAS, Stephen Greer, Esq. (hereinafter referred to as Attorney) is willing to provide legal representation to persons subject to confinement resulting from petitions or proceedings initiated by County pursuant to RCW 71.05. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: SECTION I. LEGAL SERVICES: 1. Adult Involuntary Commitment Cases: Attorney shall accept appointments and thereafter represent adult persons who are residents of Jefferson County at the time they are detained and who are subject to confinement resulting from petitions or proceedings initiated by the County pursuant to RCW 71.05. An adult involuntary commitment case shall be defined for the purposes of this contract as any new case alleging an organic, mental, or emotional impairment which has substantial adverse effects on an adult detainees cognitive or volitional functions. 2. Juvenile Involuntary Commitment Cases: Attorney shall accept appointments and thereafter represent juvenile persons who are residents of Jefferson County at the time they are detained and who are subject to confinement resulting from petitions or proceedings initiated by the County pursuant to RCW 71.05. A juvenile involuntary commitment case shall be defined for the purposes of this contract as any new case alleging an organic, mental, or emotional impairment which has substantial adverse effects on a juvenile detainees cognitive or volitional functions. 3. Revocation Hearings: Attorney shall accept appointments in involuntary commitment revocation hearings. A revocation hearing shall be defined for the purposes of this contract as a statutory hearing by the court undertaken pursuant to RCW 71.05.340(3). 4. Trial Days: County shall compensate Attorney $250.00 per trial day. For the purposes of this contract trial time shall be considered a trial day when any one trial or revocation hearing consumes in excess of four (4) hours in any one (1) day. Remuneration shall not exceed more than two (2) trials per day. SECTION II. CONFLICTS: Attorney shall not be required to accept appointments or continue representation in cases in which a conflict exists. Attorney shall arrange for alternate counsel. Page 1 of 4 SECTION III. REMUNERATION: A. Attorney shall record and bill the County at least quarterly, but no more frequently than monthly, for involuntary commitment cases assigned using the following fee schedule: Adult Involuntary Commitment Cases $100/Flat Rate Juvenile Involuntary Commitment Cases $100/Flat Rate Revocation Hearings $ 30/Flat Rate Trial Days $250/Flat Rate B. County shall reimburse Attorney for long distance telephone calls incurred as a result of appointments made pursuant to this contract. Attorney shall maintain a record of each long distance telephone call. For long distance telephone calls made, such record shall include the telephone number called, the case and cause number to which the telephone call pertained, and the date the telephone call was made. Attorney shall submit a billing with the long distance telephone calls identified with the request for payment. All long distance telephone records maintained by Attorney shall be privileged, confidential, and secret under RCW 5.60.060(2) and RPC 1.6. No part of said records shall be made available to opposing counsel or any law enforcement agency. SECTION IV. MANNER OF PAYMENT: No more frequently than monthly, Attorney shall submit a claim for payment of amounts due under this contract to County. County shall remit within thirty (30) days of receipt of such billing. SECTION V. TERM: The term of this contract is from January 1, 2010 to December 31, 2010. SECTION VI. TERMINATION: Either party to this contract may terminate it upon thirty (30) days written notice to the other. SECTION VII. RECORDS: On all cases assigned, Attorney shall provide the following information to County upon completion of each case: Client Name Date of Assignment Cause Number Disposition of Case Date Closed If Trial/Number of Days of Trial Page 2 of 4 SECTION VIII. NON -ASSIGNMENT: Attorney shall not assign any rights, duties or interest in this contract without the written consent of County. SECTION IX. INDEPENDENT CONTRACTOR: Attorney's relationship to County is that of an independent contractor and Attorney is not an officer, agent, or employee of County. SECTION X. INSURANCE: Attorney shall maintain professional liability insurance with limits of no less than $1,000,000 per occurrence with a $2,000,000 aggregate naming the County as an additional insured. A Certificate of insurance shall be filed with County prior to the execution of this contract. The certificate shall require the malpractice insurance carrier to give County thirty (30) days written notice prior to cancellation or reduction in coverage. SECTION XI. HOLD HARMLESS: Attorney shall protect, indemnify, and save harmless County, its agents, officers, and employees from and against all claims, judgments, obligation, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys fees and expenses) imposed upon, incurred by or asserted against County, its agents, officers, and employees by reason of, as a consequence of, or because of the performance of this contract or the acts or omissions of Attorney, its agents, officers, and/or employees. SECTION XII. EXPIRATION OF CONTRACT: A. Upon termination of this contract, Attorney shall provide an inventory of all closed and active files and transfer these files to any alternate involuntary commitment provider and withdraw upon court approval from all active cases covered by this contract. B. In the event of carry-over cases that are not completed or transferred by the end of the contract term, and are required to be serviced by Attorney beyond the contract term and further in the event that the contract is not renewed between the parties, Attorney shall then be compensated at an hourly rate negotiated between the parties. Page 3 of 4 SECTION XIII. CONTACT Jefferson County Contact Agency: Michelle Moore Jefferson County Superior Court P.O. Box 1220 Port Townsend, WA 98368 EFFEXTIVE DATE: Legal Representation Provider: Stephen Greer, Esq. P.O. Box 544 Wauna, WA 98395 The effective date of this Agreement is the first day of January 2010. IN WITNES HE OF 1� igned and executed this �?�` day of�12010. s' Chair, Board of ommissioners Stephen Greer, Esq. 1-7 166 PROVED AS TO FORM: Prosecuting Attorney Page 4 of 4 ATTEST: Clerk of the Boafd o�C®MS w��so coG O w MING March 22, 2010 Stephen Greer, Esq. PO Box 544 Wauna, WA 98395 1820 Jefferson Street P.O. Box 1220 Port Townsend, WA 98368 Phil Johnson, District 1 David W. Sullivan, District 2 John Austin, District 3 Re: Contract; Legal Representation to Persons Subject to Confinement Resulting from Petitions or Proceedings Initiated by the County Pursuant to RCW 71.05 Dear Ms. Arthur, Enclosed is one (1) original agreement for legal representation to persons subject to confinement resulting from petitions or proceedings initiated by the county pursuant to RCW 71.05 to Jefferson County Superior Court for your record. Sincerely, Raina Randall Deputy Clerk of the Board Enclosure Phone (360)385-9100 Fax (360)385-9382 jeffbocc@co.jefferson.Wa.us Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator DATE: March 22, 2010 SUBJECT: AGREEMENT re: Legal Representation in Mental Health Cases for 2010; Stephen Greer, Esq. STATEMENT OF ISSUE: This agreement is for legal representation in mental health cases for 2010 and has been budgeted from the general fund. FISCAL IMPACT: Adult Involuntary Commitment Cases Juvenile Involuntary Commitment Cases Revocation Hearings Trial Days RECOMMENDATION: Approve and sign the agreement. REVIEWER -BY: Philip Morle , C my Ad is $100/Flat Rate $100/Flat Rate $30/Flat Rate $250/Flat Rate (Not to exceed more than two (2) trials per day) Date CONTRACT WITH: CONTRACT FOR: CONTRACT REVIEW FORM Stephen Greer, Esq. (Contractor) Legal Representation in Mental Health Cases TERM: Ends 12/31/10 AMOUNT: Revenue: Expenditure: Matching Funds Required: Source(s) of Matching Funds: PROCESS: Step 1: REVIEW BY RISK M EMENT- Review by: Date Reviewed: -5 APPROVED FORM Comments: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ MReturned for revision (See comments) Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: �, V Z "OL Date Reviewed: ZQ APPROVED AS TO FORM Returned for revision (See comments) Comments: Step 3: DEPARTMENT MAKES REVISIONS Have contractor sign appropriate number of originals. Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)