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Home My WebLink AboutR-2000-160 Public Defender Agreement for 2001 (Kenneth W. Raber)RESOLUTION NO. R-2000 - 160 A RESOLUTION authorizing and directing the City Manager and City Clerk to execute the Public Defender Agreement for 2001. WHEREAS, the City Manager, under authority granted by the City Council, renegotiated the Public Defender Agreement with the City's public defender, Kenneth W. Raber; and WHEREAS, as a result of these negotiations, the public defender agreed to perform public defender services for 2001 for the sum of $188,500.00; and WHEREAS, the City Council has determined that the proposed Public Defender Agreement for 2001 is in the best interests of the City of Yakima; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated City of Yakima Public Defender Agreement for 2001 with Kenneth W. Raber, Inc., P.S. th ADOPTED BY THE CITY COUNCIL this 19 day of December , 2000. ATTEST: -KaitLf2„-- „el City Clerk (ke)res/public defender agrmt CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT FOR 2001 THIS AGREEMENT, made and entered into this _ day of 2000, by and between KENNETH W. RABER, INC., P.S., of Yakima, Washington hereinafter the "Public Defender", and the CITY OF YAKIMA, a municipal corporation, hereinafter referred to as the "City". WHEREAS, the Public Defender is an attorney licensed to practice law in the State of Washington, with offices at 205 North 40th Avenue, #104, Yakima, Washington 98908; and WHEREAS, the parties hereto are desirous of effectuating an agreement whereby the Public Defender will provide legal services for indigents and other eligible persons in the Yakima County District Court and its various departments and the Municipal Court of Yakima; now, therefore, IT IS HEREBY mutually agreed as follows: 1. Duties. The Public -Defender shall provide defense attorney services for all indigent defendants charged with violating Yakima City ordinances in the Yakima County District Court and the Municipal Court of Yakima which are punishable by incarceration. Such services shall include legal representations at all stages of the proceedings including, but not limited to, representation at the time of plea, change of plea, pre-trial motions, pre-trial conferences at court, jury and non -jury trials, post -trial motions, sentencings, probation revocation hearings, sentence reviews, all proceedings in connection with deferred prosecutions, competency hearings, and perfection of appeals and/or reviews to the Superior Court, including representation on all stages of review or appeal to higher courts, appellate representation by appointment at any stage of appellate proceeding shall be the responsibility of the City Public Defender. Court appearances during arraignments shall also be required as may be directed from time to time by the District Court or Municipal Court. 2. Public Defender Availability. Public Defender services must be performed on all court dockets, and a defense attorney mustbe available by telephone 24 hours a day, seven (7) days a week, for each week of the year in order to give legal advice to persons who are in custody on such charges. 3. Minimum Staffing. The Public Defender must provide a sufficient number of defense attorneys to provide the services generally described in this Agreement so that all indigent defendants for whom defense counsel is appointed by the court will be adequately represented. Such attorneys shall be admitted to practice in Washington. Page 1 of 6 (ke)agr/Public Defender sw At a minimum, the Public Defender shall provide two and one half (2.5) full-time or five (5) half-time public defenders inclusive. Such attorneys may engage in private practice so long as it does not diminish the kind and quality of service required by this Agreement. The Public Defender and such defense attorneys as he may provide shall each fulfill their annual Washington State Bar Association continuing legal education requirement. 4. Duty in Case of Conflict. In the event that representation of a defendant creates a conflict of interest such that the Public Defender cannot represent the defendant, the Public Defender shall be responsible for the referral of the defendant to outside counsel at his sole expense. The City shall approve any sub -contracts for outside counsel services; such approval shall not be unreasonably withheld. 5. Right to Reject. The City, District Court, and Municipal Court reserve the right at any time to reject services of any or all attorneys proposed by the Public Defender. All attorneys proposed to provide services must be approved prior to performing services pursuant to this Agreement by the City and the Judges of the Yakima County District Court or Municipal Court of Yakima. 6. Insurance. All attorneys performing services pursuant to this Agreement must carry and provide the City of Yakima with written proof of malpractice insurance in an amount agreeable to the City Attorney, but in no event less than One Million Dollars ($1,000,000.00). Said insurance coverage shall be in effect throughout the term of this Agreement. Should such coverage be terminated for any reason, or should any attorney performing services become ineligible to practice law in this state for any reason, the services of the attorney affected shall cease immediately. 7. Specific Duties. The Public Defender shall generally function as follows: a. Receive notices of appointment for indigent defendants each court day. b. Set up and maintain files on each defendant. c. Notify each defendant of the appointment of counsel, the name of the attorney to whom the case is assigned, and the manner and method the defendant is to use to contact the assigned attorney. d. Provide adequate office space, attorney and staff time to adequately interview all defendants and witnesses prior to trial. e. Provide supplies, postage, equipment, and telephone facilities to adequately carry on the responsibilities of the City of Yakima Public Defender. f. Provide adequate office support staff to perform the functions of the City of Yakima Public Defender. Page 2 of 6 (ke)agr/Public Defender sw c. g. Timely interview defendants in custody anywhere in Yakima County. In custody clients shall, at a minimum, be contacted within four (4) court days of arraignment. h. At least four (4) weeks in advance of trial periodically review with the City Attorney the case files in order to determine what agreements may be reached as to witnesses, evidence, trial, or sentence recommendations. This shall be accomplished as follows: 1. The Public Defender shall meet at least weekly at the City Attorney's office to discuss pending matters. 2. The Public Defender shall provide, by fax or Attorney Messenger Service, a written list of all cases to be discussed at the meeting. Said list shall be received by the City Attorney's office no later than 4:30 p.m. on the day prior to the weekly meeting. 3. Said list shall include: i. The defendant's name and trial date of each file to be discussed. ii. Whether the case is "in custody", set for jury trial, or on attorney request. iii. A list of all trial dates to be discussed. i. Provide adequate training, supervision, and monitoring of attorneys who act as his employees, subcontractors, or agents in the performance of this contract. j. Provide a means suitable to the City Attorney for the disposition of complaints against the Public Defender and his public defense attorneys. k. Kenneth W. Raber shall supervise and be responsible for provision of services and all contacts with the City Attorney which may be required by this agreement. All notices, discovery, or communications of any kind shall be sent to the public defenders at: 205 North 40th Avenue, #104, Yakima, Washington 98908. 8. Term and Renegotiation. The term of this Agreement shall be from January 1, 2001, through December 31, 2001; provided, however, that the term of this Agreement may be extended for one (1) additional year onthe same terms and conditions herein at the discretion of the City Manager. If the City Manager extends, the term of this Agreement shall increase or decrease by .80 of the percent change in the United States Department of Labor. Consumer Price Index for Seattle Urban Wage Earners and Clerical Workers, or the successor to such index, calculated from the (ke)agr/Public Defender.sw Page 3 of 6 previous year's July index to the current year's July index. The calculation for the increase or decrease in salary for 2002 shall be based upon the indexes from July of 2000 to July of 2001. Any residual caseload at the end of the term shall be negotiated. 9. Compensation. In return for the above -enumerated services, the Public Defender shall receive compensation in a total fixed -fee amount of One Hundred Eighty-eight Thousand Five Hundred and no/100 Dollars ($188,500.00), payable in equal monthly (15th to 14th) installments upon proper voucher for the same, submitted by the Public Defender and received by the Director of Finance and Budget at City Hall, Yakima, Washington. All payments shall be made to Kenneth W. Raber, Inc., P.S., at 205 North 40th Avenue, #104, Yakima, Washington 98908. 10. Expert Witnesses. The City shall, in addition, . compensate the Public Defender for all expert witness fees incurred by the Public Defender on behalf of indigent clients covered by this Agreement upon application and approval of the court. 11. Assignment. The Public Defender shall not assign, transfer, or subcontract this Agreement without obtaining prior written approval from the City. , 12. 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. 13. Ethic Compliance and Reports. The Public Defender will provide the aforementioned services in conformity with the rules of Professional Conduct and will provide the District Court, Municipal Court, and City with any reports, fiscal or otherwise, which are reasonably required in the performance of the District Court's, Municipal 'Court's, and the City's responsibilities. An annual report shall be provided by the Public Defender on a form provided by the City Attorney. 14. Taxes and Assessments. Public Defender shall be solely responsible for compensating its employees and for paying all related taxes, 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, Public Defender shall pay the same before it becomes due. 15 Independent Contractor. The parties agree that the Public Defender 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 Public Defender. No agent, employee, subcontractor, or representative of the Public Defender shall be deemed to be an employee, agent, servant, or representative of the City Municipal Court or District Page 4 of 6 (ke)agr/Public Defender sw Court for any purpose, and the employees, agents, subcontractor, or representative of the Public Defender is not entitled to any of the benefits the City provides for its employees. The Public Defender 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. 16. Indemnity. The Public Defender hereby agrees to release, indemnify, protect, defend and save harmless the City and Yakima County and their 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, corporation, or property arising, directly or indirectly, out of the operation of this Agreement, caused or contributed thereto by the Public Defender or his employees or subcontractors. Provided, however, that nothing herein shall be deemed to require the Public Defender to indemnify the City or Yakima County or their elected or appointed officials, agents, volunteers, or employees for injury to persons, corporation, and/or property arising from the sole negligence of the City or Yakima County and their elected or appointed officials, employees, volunteers, and agents. In case of suit or action brought against the City or County and/or their elected or appointed officials, agents, volunteers, and employees for damages arising out of or by reason of any of the above-mentioned causes, the Public Defender agrees to pay all costs of defense, including reasonable attorney's fees and any judgment. 17. Non discrimination. The Public Defender shall not discriminate on the basis of race, creed, color, national origin, or physical, mental, or sensory handicap in the performance of this Agreement. 18. Termination. The City of Yakima may terminate this Agreement, with or without cause, upon ninety (90) days written notice sent by certified mail to the Public Defender at the address listed in this Agreement. The parties shall negotiate a reasonable fee for services to complete client representation which cannot be done through substituted counsel. 19. 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 performances. 20. 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 21. 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 Page 5 of 6 (ke)agr/Public Defender.sw Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. 22. . 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 a 15'} day of , 2000. CITY OF YAKIMA By: R. A. ZAIS,JR. City Manager 129 North 2nd Street Yakima, WA 98901 ATTEST: ciL<F PUBLIC DEFEND By4.r 1KENNtiH W. RATER, INC., PT'S: - Attorney At Law 205 North 40th Avenue, #104 Yakima, WA 98908 City Contract No. 2000-103 Resolution No. R-2000-160 (ke)agr/Public Defender sw Page 6 of 6 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ¥ 11 For Meeting Of / ;--l9—cc" ITEM TITLE: Resolution Authorizing and Directing the City Manager and City Clerk to Execute the Public Defender Agreement for 2001. SUBMITTED BY: Raymond Paolella, City Attorney CONTACT PERSON/TELEPHONE: Jeff B. West, 575-6033 SUMMARY EXPLANATION: The City is responsible to prosecute and provide indigent defense services for persons who commit violations related to City ordinances in Yakima Municipal Court and Yakima County District Court. Kenneth W. Raber, the City's current public defender, has agreed to providepublic defense services to the City at a cost of $188,500 for 2001. The contract would be renewable at the discretion of the City Manager for the Year 2002. Resolution X Ordinance Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL: � � J • . City anager STAFF RECOMMENDATION: Staff recommends Council pass the attached resolution authorizing execution of the Public Defender Agreement for 2001. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLLTPION NO. R-2000-160 (ke)ordinance/public defender agrnit CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT FOR 2002 AMENDMENT AND EXTENSION THROUGH DECEMBER 31, 2002 The City of Yakima Public Defender Agreement for 2001, City Contract Number 2000- 103, is hereby amended and extended pursuant to the authority granted the City Manager under Paragraph 8 thereof. The term of the agreement shall be from January 1, 2002 through December 31, 2002. Paragraph 9 of the Public Defender Agreement for 2001 is hereby amended to read as follows: 9. Compensation. In return for the above -enumerated services, the Public Defender shall receive compensation in a total fixed -fee amount of One Hundred Ninety -Four Thousand Three Hundred and Six Dollars ($194,306.00), payable in equal monthly (15th to 14th) installments upon proper voucher for the same, submitted by the Public Defender and received by the Director of Finance and Budget at City Hall, Yakima, Washington. All payments shall be made to Kenneth W. Raber, Inc., P.S., at 205 North 40th Avenue, #104, Yakima, Washington 98908. In all other respects, all other terms and conditions of the Public Defender Agreement for 2001 shall remain in full force and effect. 1 Entered into this /0 day of December, 2001. CITY OF YAKIMA PUBLIC DE By: R. A. Zai Jr. enneth W. Ra er City Manager Attorney -at -Law ATTEST: City Contract No.: 2001-131 Ik/public defender raber extension 2001.jw OFFICE OF THE CITY MANAGER 129 North Second Street CITY HALL, Yakima, Washington 98901 Phone (509) 575-6040 December 12, 2001 Mr. Kenneth W. Raber 205 North 40th Avenue, #104 Yakima, WA 98908 Dear Mr. Raber: Please accept this letter as notice that I have exercised my discretion under Paragraph 8 of the City of Yakima Public Defender Agreement for 2001 to extend the term of that Agreement for an additional year, January 1, 2001 through December 31, 2002. Compensation will be in the amount of One Hundred Ninety -Four Thousand Three Hundred Six Dollars ($194,306.00) for the additional one-year term. In addition, please forward to my office, prior to February 1, 2002, the 2001 Annual Public Defender Report required by Paragraph 13 of the City of Yakima Public Defender Agreement. Please contact the City Prosecutor's office for the report form. Very truly yours, Dick Zais City Manager City Contract No. 2001-131 Amends 2001-01 Yakima AII•Amerka City 11! 1994