HomeMy WebLinkAboutNoe, Robert F. - Appellate Representation of Indigent DefendantsCITY OF YAKIMA
APPELLATE REPRESENTATION
OF INDIGENT DEFENDANTS
THIS AGREEMENT, made and entered into this i 't day of December 2017, by and
between Robert F. Noe, PLLC. of Yakima, Washington hereinafter the "Appellate
Representation Provider", and the CITY OF YAKIMA, a municipal corporation. hereinafter
referred to as the "City".
WHEREAS. the Appellate Representation Provider is an attorney licensed to practice
law in the State of Washington. with offices at 4109 Tieton Drive, Yakima, WA 98908 and:
WHEREAS. the parties hereto are desirous of effectuating an agreement whereby the
Appellate Representation Provider will provide appellate representation for indigent appellants
and other eligible persons in the Yakima Municipal Court and its various departments: now,
therefore,
IT IS HEREBY mutually agreed as follows:
1. Duties. The Appellate Representation Provider shall provide as assigned high-
quality appellate representation for indigent appellants seeking review of a final decision
including conviction for misdemeanor and/or gross -misdemeanor crime(s) occurring within the
City of Yakima and processed by the City of Yakima Municipal Court.
2. Duty in Case of Conflict. In the event that representation of an appellant creates
a conflict of interest, such that the assigned Appellate Representation Provider cannot
represent the appellant, the Appellate Representation Provider shall immediately notify the City
of the conflict.
3. Insurance. Without limiting the Appellate Representation Provider's
indemnification. it is agreed that the Appellate Representation Provider shall maintain in force.
at all times during the performance of this Agreement, a policy or policies of insurance covering
its operation as described below.
A. Professional Liability Insurance
The Appellate Representation Provider shall maintain or ensure that its professional
employees maintain professional liability insurance for any and all acts which occur
during the course of their employment with the Appellate Representation Provider which
constitute professional services in the performance of this Agreement. For purposes of
this Agreement. professional services shall mean any services provided by a licensed
professional.
Such professional liability insurance shall be maintained in an amount not less than One
Million Dollars ($1.000,000) combined single limit per claim/aggregate. The Appellate
Representation Provider further agrees that it shall have sole and full responsibility for
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the payment of any funds where such payments are occasioned solely by the
professional negligence of ts employees and where such payments are not covered by
any professional liability insurance. including but limited to the amount of the deductible
under the nsurance policy. The Appellate Representation Provider shafl not be required
to make any payments for professional liability, if such liability is occasioned by the sole
negUgence of the City.
Such insurance shall not be reduced or canceled without thirty (30) days' prior written
notice to the City. If such insurance is obtained on a "claims made" basis, the Appellate
Representation Provider will continue to carry coverage for not less than three (3) years
after expiration of this Agreement. and will provide a certificate in form and content
satisfactory to the City demonstrating such continuing coverage. The Appellate
Representation Provider shall provide certificates of insurance or. upon written request
of the City, duplicates of the policies as evidence of insurance protection.
4. Specific Dudes. The Appellate Representation Provider shall provide services
necessary or incidental to the performance of the work set forth in the APPELLATE
REPRESENTATION PROVIDER STATEMENT OF WORK - EXHIBIT A.
5, Term and Renegotiation. This Agreement shall commence on December 11,
2017and terminate on December 31. 2019, unless extended or sooner terminated as provided
herein. The period of performance may also be extended by mutual written agreement of the
parties. Should the Appellate Representation Provider etect to re -negotiate this Agreement for
an additional term. he shall submit a proposal for compensation for additional service at least
30 days before the expiration date.
0. Compensation In return for the above -enumerated services, the Appellate
Representation Provider shalt receive compensation as foflows:
The Appellate Representation Provider shall be compensated at the rate of
$175.00 per hour for services rendered relative to appeals plus expenses;
provided that the maximum compensation payable for attorney fees per case
through the superior court level will be$3.00U.O0.
The aforementioned amounts shall be payable when billed to the City. The bill shall include a
breakdown of the hourty service provided and shalt be submitted to:
City of Yakima Accounts Payable
129 No. 2nu Street
Yakima, WA 98901
7. Transcription The City shall. in addition. compensate the Appellate
Representation Provider for the cost of court record transcription incurred by the Appellate
Representation Provider on behalf of indigent clients covered by this Agreement.
8. Expert WitnessesWhere necessary and appropriate to the representation. the
City shall compensate the Appellate Representation Provider for expert witness fees incurred
by the Appellate Representation Provider on behalf of indigent clients covered by this
Agreement upon apptication and approvat of the court
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9. Assignment. The Appellate Representation Provider shall not aesign, transfer. or
subcontract this Agreement without obtaining prior written approval from the City.
10. Successors Bound. Subject to the provisions of Section 11 this Agreement shall
be binding upon and inure to the benefit of the parties hereto, their successors. and assigns.
11. Ethic Compliance, Reports, and Training. The Appellate Representation
Provider will provide the aforementioned services in conformity with all applicable Rules of
Professional'Conduct and will provide the Municipal Court and the City with any reporta, fiscal
or otherwise. which are reasonably required in the performance of the Municipal Court's and the
City's responsibilities. An annual report shall Appellatebe provided by the Appellate Representation
o,n a form approved by the City manager on or before August 1 of each year. The
report must include a statement of hours billed for nonpublic defense legal services in the
previous calendar year, including number and types of private defense cases, as the same may
be required by RCW 1D.1O1 05O. as now exists or may be subsequently amended. The
Appetiate Representation Provider agrees to attend training approved by the Washington Office
of Public Defense at least once per calendar year. as the same may be required by RCW
10.101.050 and 10.101.060, as now exists or may be subsequently amended.
12 Taxes and Assessments. The Appeilate Representation Provider shall be solely
responsibie for compensating its employees and for paying all related tmxos, deductions and
assessments, including but not limited to. leasehold excise taxes, federal income tax, FICA.
social security tax, assessments for unemployment and industrial injury, and other deductions
from income which may be required by law or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this
Agreement, the Appellate Representation Provider shall pay the same before it becomes due
and indemnify and hoid the City harmiess from any liability arising out of the same.
13. Independent Contractor. The parties agree that the Appe!iate Representation
Provider is an independent contractor with the responsibility and authority to control and direct
the performance of the details of the work described herein in accordance with the terms and
conditions of this Agreement. The implementation of contracted activities and the results to be
achieved are solely the responsibility of the Appellate Representation Provider. No ogent,
ennp|uyee, oubcontractor or representative of the Appeitate Representation Provider shall be
deemed to be an employee. agent, servanL or representative of the City Municipal Court for
any purpose. and the employees, agents, suboontractor, or representative of the Appellate
Representation Provider are not entitled to any of the benefits the City provides for its
employees. The Appellate Representation Provider will be solely and entirely responsible for
his acts and for the acts of his agents. employees. subcontractors, or otherwise. during the
performance of this Agreement
14, Indemnity. The Appellate Representation Provider hereby agrees to release,
indemnify. protect, defend and save harmless the City and its elected and appointed officials.
employees. volunteers. and agents from all claims, actions. or damages of any kind and
description which may occur to or be suffered by any person or persons. corponation, or
property arising, directly or indirectly. out of the operation of this Agreement. caused or
contributed thereto by the Appellate Representation Provider or his employees or
subcontractors. Provided. howevar, that nothing herein shall be deemed to require the
Appellate Representation Provider to indemnify the City or its elected or appointed oMioia|m,
mQenie vo|unteers or empioyees for injury to persons. corporation. and/or property arising from
and to the extent attributable to the negligence of the City and its elected or appointed officig|S.
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employees, volunteers. and agents. In of suit or action brought against the City and/or its
elected or appointed officials, agents, volunteers, or employees for damages arising out of or by
reason of acts of the Appellate Representation Provider. the Appellate Representation Provider
agrees to pay all costs of defense. including reasonable attorney's fees and any judgment
resulting therefrom.
15. Nondiscrimination. The Appellate Representation Provider shall not discriminate
on the basis of race. creed. color, national origin, or physical, mental. or sensory handicap in
the performance of this Agreement.
16. Termination. Either party may terminate this Agreement, with or without cause,
upon ninety (90) days written notice sent by certified mail to the other party at the address listed
in this Agreement.
17. Governing Law. This Agreement has been and shall be construed as having
been made and delivered within the State of Washington, and it is mutually understood and
agreed to by each party hereto that this Agreement shall be governed by the laws of the State
of Washington both as to interpretation and performance.
18. Venue. Any action at law. suit in equity, or judicial proceeding for the enforcement
of this Agreement or any provisions thereof, shall be instituted and maintained only in the
Superior Court for Yakima County. Yakima. Washington.
19. Integration. It is understood and agreed that all understandings and agreements.
whether written or oral, heretofore had between the parties hereto are merged in this
Agreement, which alone- fully and completely expresses their agreement, that neither party is
relying upon any statement or representation not embodied in this Agreement, made by the
other, and that this Agreement may not be changed except by an instrument in writing signed
by both parties.
20. Waiver of Breach. A waiver by either party hereto of a breach of the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the party not
in default to avail itself of any subsequent breach thereof. Leniency. delay or failure of either
party to insist upon strict performance of any agreement. covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant. condition or right.
DATED this t —1 day of December. 2017.
CITY OF YAKIMA
By: � 4' °
CLIRE u(/
City Ma ager
129 North 2nd Street
Yakima. WA 98901
APPELLATE REPRESENTATION PROVIDER
By:
Robert F. Noe, PLLC
Paye 4 of 6
ATTEST
Ovce4r.-&
City Contract No. 1D/7
Resolution No.
Pa Lle 5 of 6
EXHIBIT A
APPELLATE REPRESENTATION PROVIDER
STATEMENT OF WORK
1. APPELLATE REPRESENTATION PROVIDER CONTRACTOR DUTIES AND
RESPONSIBILITIES — The Appellate Representation Provider shall provide high quality
indigent appellate representation in the cases assigned to it by the Yakima Municipal
Court. The representation shall be provided in a professional and skilled manner and
shall be in compliance with the Rules of Appellate Procedure. the Rules for Appeal of
Decisions in Courts of Limited Jurisdiction, and the Washington State Rules of
Professional Conduct as well as all applicable case law. statutes regulations. and all
other applicable court rules defining the duties of counsel and the rights of defendants in
criminal appellate cases. The Appellate Representation Provider's primary and most
fundamental responsibility is to promote and protect the best interests of the client.
2, TASKS — The Appellate Representation Provider shall perform the following tasks with
regard to each case to which the Appellate Representation Provider is appointed.
A. Maintain a law office with a suitable client interview facility. The Appellate
Representation Provider will provide adequate phone lines, computers, postage,
office equipment. office supplies. office furniture and legal research tools to
maintain a smooth running and efficient law office.
B Receive notices of appointment for indigent appellants each court day or as
necessary. Set up and maintain files on each assigned appellant.
C. Establish and maintain client contact, keep the client informed of the progress of
the appeal.
D Maintain staff to answer the Appellate Representation Provider's telephone
during regular work hours (Monday -Friday. on a schedule established by the
Contractor).
E. Maintain continuity of representation at all stages of a case.
3 COMPLAINTS
A. The Appellate Representation Provider shall respond in writing to complaints
addressed to the City.
B The Appellate Representation Provider shall immediately notify the City of
Yakima in writing when it becomes aware that a complaint lodged with the
Washington State Bar Association has resulted in reprimand, suspension. or
disbarment.
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