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HomeMy WebLinkAboutR-2013-073 Public Defender Agreemet with Gilliland Law Firm, PLLCRESOLUTION NO. R- 2013 -073
A RESOLUTION authorizing and directing the City Manager and City Clerk to
execute the Public Defender Agreement with Gilliland Law Firm, PLLC.
WHEREAS, the City of Yakima is mandated by the State to provide representation
for indigent criminal defendants; and
WHEREAS, the City Manager, under authority granted by the City Council,
negotiated the Public Defender Agreement; and
WHEREAS, as a result of these negotiations, the public defender agreed to perform
public defender services; and
WHEREAS, the City Council has determined that the proposed Public Defender
Agreement for these years 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 a
City of Yakima Public Defender Agreement with Gilliland Law Firm, PLLC, final form of
agreement to be approved by the City Attorney.
L
ADOPTED BY THE CITY COUNCIL this 18th day of June, 2013
aar Tee, City Clerk
Z/�
Micah Cawley, ayor
9
ORIGINAL
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
THIS AGREEMENT, made and entered into by and between GILLILAND LAW FIRM
PLLC, of Union Gap, Washington hereinafter the "Public Defender ", and the CITY OF
YAKIMA, a municipal corporation, hereinafter referred to as the "City."
WHEREAS, the Public Defender is a firm of attorneys licensed to practice law in the
State of Washington, with offices at 312 West Washington Avenue, Union Gap, WA 98903.
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 Municipal Court and its various departments; now, therefore,
IT IS HEREBY mutually agreed as follows:
1. DUTIES: The Public'Defender or his duly appointed designee shall provide high quality
defense attorney services for indigent defendants charged with misdemeanor and gross
misdemeanor allegations occurring within the City of Yakima and processed by the City of
Yakima Municipal Court. Such services shall include promptly filing 'a notice of appearance
and subsequent legal representation at the folflowing types of hearings for defendants
assigned to the Public Defender: arraignment, change of plea, pre -trial motions, pre -trial
conferences at Court, 'jury and non jury trials, post -trial motions (excluding claims of
ineffective assistance of counsel), sentencings, probation revocation hearings, and all
proceedings in connection with deferred prosecutions and competency hearings as assigned
by Yakima Municipal Court in accordance with this agreement. The Public Defender's
duties shall not extend to appeals. Such services shall comply with the performance of the
work set forth in the PUBLIC DEFENDER - STATEMENT OF WORK - EXHIBIT A and
consistent with CLIENT REPRESENTATION PRACTICE GUIDELINES- Exhibit B. The
Public Defender acknowledges and agrees that the parties may make changes to the specific
duties of the Public Defender as necessary to maintain conformity with the Washington State
Rules of Professional Conduct as well as case law and applicable court rules defining the
duties of counsel and the rights of defendants in criminal cases. Should such changes
represent a material increase in the Public Defender's work load, the Public Defender may
make a written request to re -open negotiations regarding compensation. In the event the
Public Defender makes such a written request, the parties agree to engage in negotiations in
good faith thereof for at least 30 days. If no agreement is reached after 30 days, then either
party may give written notice of termination, to be effective no sooner than 30 days
following the 'notice of termination. _At the request of either party, the Public Defender and
the City will periodically review case assignment trends and any other matters needed to
determine contract compliance or necessary contract modifications. The parties recognize
that the City Prosecuting Attorney is in the process of implementing various arrangements
that may reduce the number of new cases filed and further recognize that examination of case
assignment trends in - late 2013 or early 2014 will likely occur. The results of this
examination may be a basis to determine modifications to this contract.
Page 1 of 13
2. MINIMUM STAFFING; SUBCONTRACTS: 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. At a minimum, the Public Defender shall provide 2 full -time public defenders
by not later than the date of execution; and, subject to the examination of case filing trends as
set forth above, the Public Defender shall provide 5.5 full -time public defenders beginning
January 1, 2015. The term "full- time" does not preclude attorneys from taking cases outside
the public defense contract as long as those additional cases do not exceed the caseload
requirements beginning in 2015 and do not interfere with proper service of the public defense
contract. The Public Defender shall provide adequate staffing to monitor and administer the
duties of this agreement.
The Public Defender may provide a portion of the requisite minimum staffing by subcontract,
subject to prior approval of the City as set forth below. Any subcontractor must be a person
with whom the Public Defender has a direct written contract for indigent defense legal
services. All contracts between the Public Defender and any subcontractor shall:
a. Require that all work be performed in accordance with the requirements of this
agreement and all applicable laws, regulations, Rules of Professional Conduct, or
other legal requirements governing the work;
b. Require the subcontractor to carry and maintain insurance in strict accordance with
this agreement;
C. Ensure that the subcontractor receive adequate compensation for work assigned,
consistent with the fundamental purpose of assuring at all times the adequate
representation of indigent defendants.
3. CASE ASSIGNMENT: Except as provided in paragraph 5 below, the compensation
provided in this agreement is based on the expectation that the Public Defender will take up
to 1,500 cases per year after ratification of this contract by the parties in 2013 through
December 31, 2014, and 2200 cases per year for the 5.5 attorney public defense contract
beginning January 1, 2015, with cases to be counted as described in paragraphs 4 and 8. The
specific cases for which the Public Defender will be responsible will vary, but will be
allocated by assignment of the Court on a random basis. These cases will be spread between
no more than 2 separate '/2 day dockets, or as may otherwise be administered by the Court.
Public defense cases will be assigned between the dockets handled by the Public Defender
and the dockets handled by any other law firms /attorneys with which the City contracts for
indigent defense services (currently Troy Lee and Associates, Inc., of Yakima, WA) in
proportion to the number of full -time public defense attorneys contracted for in the respective
contracts of said indigent defense law firms. The Public Defender may, from time to time,
provide updates to the Court and to the City informing the Court and the City of any
requested modification or adjustment in the case assignment process to ensure the
proportionality of assignments as contemplated herein.
Page 2of13
4. CASE COUNTING: Cases will be counted as follows:
a. Criminal Charges: Any and all charges arising for a single defendant out of an
individual incident will count as one case. Cases assigned to the Public Defender to
which the Public Defender has a conflict will not count as cases unless substantial work
has been done on the case.
b. Failure to Comply with Probation (FTC): Each FTC arising out of an individual
incident will count as 1/3 of a case.
c. Temporary or Provisional Appointments: Temporary or provisional appointment at
arraignment or in- custody hearing, appointment by a Court at a hearing for that one
hearing only, or pre - filing representation provided to a suspect who is under investigation
shall count as 1/3 of a case.
5. TERM AND TERMINATION: This agreement shall commence on July 1, 2013 and
terminate on December 31, 2017 unless extended or sooner terminated as provided herein.
a. Automatic Extension: Should neither party provide notification in writing to the other
party by November 30, 2017, or November 30 of any subsequent year, this agreement
shall continue for an additional 12 month period under the same terms as provided herein.
b. Termination: Notwithstanding the foregoing, either party may terminate this agreement
after 90 days written notice has been delivered to the other party. The Public Defender
shall complete all pending cases or matters that have been set for trial and probation
revocation hearings existing as of the date any such notice of termination is submitted.
Notwithstanding said notice provisions, the parties may mutually agree in writing to
terminate this agreement at any time. Unless otherwise agreed to in writing, termination
or expiration of this agreement will not affect any then - existing obligation or liability of
either party.
c. Withdrawal Upon Termination: Should this agreement expire by its natural terms or
be terminated by either party, the Public Defender may commence withdrawing from all
cases on the last day the contract is in effect; provided however, that the Public Defender
shall complete all cases set for trial and be compensated at a rate of $100 per hour for
time spent after termination of this agreement.
5. COMPENSATION: In return for the services enumerated herein, the Public Defender shall
receive compensation in a total fixed -fee amount as follows:
a. Generally: Beginning annual compensation rate of $180,000, or $15,000 per month,
which will take effect on a pro -rated basis for the remainder of 2013 upon execution
hereof; provided, however that beginning upon January 1, 2015, compensation shall
increase commensurate upon increase of the Public Defender's minimum staffing
Page 3 of 13
requirements from 2 to 5.5 full -time public defenders in accordance with the following
paragraph.
b. Specifically:
• 2015: $495,970.75 annually; $41,331 per month
• 2016: $510,849.87 annually; $42,571 per month
• 2017: $526,175.37 annually; $43,848 per month
• All subsequent years: Previous year's compensation with a 3% increase.
c. Additional Case Compensation: Should the City need indigent defense services
beyond the 1500 or 2200 cases anticipated in this agreement, as may be applicable, the
Public Defender may accept or decline the additional cases. Should the Public Defender
choose to accept these additional cases, they will be compensated at a rate of $250 per
individual incident or per material witness, $85 per FTC, and $85 per other temporary or
provisional appointment.
6. PAYMENT: Payments shall be made 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. Unless notified of a new email address, proper voucher may be made by
sending an email with monthly invoice attached to cprice @ci.yakima.wa.us. Payment shall
be remitted to the Public Defender by the last day of each month following submittal of a
voucher for the previous month's services. All payments shall be mailed to
Gilliland Law Firm PLLC
312 West Washington Avenue
Union Gap, WA 98903
7. CONFLICTS OF INTEREST: In the event that representation of a defendant creates a
conflict of interest under the Rules of Professional Conduct, such that the assigned Public
Defender cannot represent the defendant, the Public Defender shall immediately inform the
Court so that the case may be transferred to another Public Defender. The Public Defender
will be responsible for checking for conflicts and identifying whether a conflict exists.
Whenever possible, the Public Defender will perform a conflict check and make a
determination of the absence of any conflict of interest before any substantial work has been
done on a case.
8. DEFINITIONS:
Individual Incident: An individual incident includes all charges arising from one
dispatched or observed event to a single location.
b. Substantial Work: If the Public Defender has interviewed at least one witness (except
as may be necessary to determine the presence or absence of a conflict of interest), or
represented the client at more than one hearing, or negotiated resolution with the
prosecutor, then substantial work will be considered done on the case.
Page 4 of 13
9. EXPERT WITNESSES: The City shall pay for expert witnesses as reasonably necessary to
provide quality and constitutionally satisfactory indigent defense as determined by approval
of the Court.
10. INTERPRETERS: The City shall pay for interpreter services as is necessary for the Public
Defender or his designee to communicate with, and effectively represent indigent defendants.
11. INVESTIGATORS: The City shall pay for investigators as is necessary for the Public
Defender to effectively investigate and prepare cases for trial.
12. ASSIGNMENT OF CASES: Consistent with paragraph 2, above, the Public Defender is
specifically allowed to assign as many cases as he so chooses to subcontracted indigent
defense attorneys.
13. INSURANCE: It is agreed that the Public Defender shall maintain in force, at all times
during the term of this agreement, a policy or policies of insurance covering its operation as
described below.
a. General Liability Insurance: The Public Defender shall maintain continuously public
liability insurance with limits of liability not less than One Million Dollars ($1,000,000)
for each occurrence, personal injury, and /or property damage liability. Such insurance
policy or policies shall specifically name the City, its elected and appointed officials,
employees, volunteers, and agents as additional insureds. Said insurance coverage shall
be primary insurance with respect to the City, and any insurance, regardless of the form,
maintained by the City shall be in excess of any insurance coverage which the Public
Defender is required to maintain pursuant to this agreement. The Public Defender shall
provide a certificate of insurance or, upon written request of the City of Yakima, a
duplicate of the policy as evidence of insurance protection. The Public Defender shall
immediately notify the City of any communication with their insurance provider
canceling or threatening to cancel insurance coverage under this provision.
b. Professional Liability Insurance: The Public Defender shall maintain or ensure that its
professional employees and /or independent contractors maintain professional liability
insurance for any and all acts which occur during the course of their employment with the
Public Defender 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 Public Defender further agrees that it shall have sole and
full responsibility for the payment of any funds where such payments are occasioned
solely by the professional negligence of its professional employees and where such
payments are not covered by any professional liability insurance, including but not
limited to the amount of the deductible under the insurance policy. The Public Defender
shall not be required to make any payments for professional liability, if such liability is
occasioned by the sole negligence of the City. The Public Defender shall not be required
to make payments other than its judicially determined percentage, for any professional
Page 5 of 13
liability which is determined by a court of competent jurisdiction to be the result of the
comparative negligence of the Public Defender and 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 Public Defender 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 Public Defender shall provide certificates of insurance or,
upon written request of the City, duplicates of the policies as evidence of insurance
protection.
c. Automobile Insurance: The Public Defender shall maintain in force at all times during
the term of this agreement a policy or policies of insurance covering any automobiles
owned, leased, hired, borrowed or used by any employee, agent, subcontractor or
designee of the Public Defender to transport clients pursuant to this agreement with the
City. Such insurance policy or policies shall specifically name the City, its elected and
appointed officials, employees, volunteers, and agents as additional insureds. Said
insurance coverage shall be primary insurance with respect to the City, and any
insurance, regardless of the form, maintained by the City shall be in excess of any
insurance coverage which the Public Defender is required to maintain pursuant to this
agreement. Automobile liability coverage as stated herein shall be maintained at One
Million Dollars ($1,000,000) combined single limit per accident for bodily injury and
property damage.
d. Workers' Compensation: The Public Defender shall maintain Workers' Compensation
coverage as required by law. The Public Defender shall provide a certificate of insurance
or, upon written request of the City, a certified copy of the policy as evidence of
insurance protection.
14. SUCCESSORS AND ASSIGNEES: This agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors, and assigns.
15. REPORTS AND INFORMATION: The Public Defender will maintain records that fully
and accurately reflect the contract work on a per -case basis together with records of any
costs, expenses or other matters related to the performance of the contract work. The Public
Defender shall make available to the City for inspection upon reasonable prior notice any and
all records that relate to the contract work that are not confidential attorney - client documents.
Said reporting requirement shall include submittal of the following information within 30
days after the close of each calendar month:
a.
Defendant's name
b.
Cause numbers)
c.
Criminal charges filed
d.
Disposition of each charge
e.
Number of court hearings
f.
Date case assigned
g.
Date case closed
Page 6 of 13
`1
h. Hours spent by Public Defender
16. ETHICS COMPLIANCE AND TRAINING: The Public Defender will provide the
aforementioned services in conformity with all applicable Rules of Professional Conduct and
will provide, as reasonably requested, the Municipal Court and the City with any reports,
fiscal or otherwise, which are reasonably required in the performance of the Municipal
Court's and the City's responsibilities.
17. TOTALITY OF COMPENSATION: The compensation provided in this agreement is full
compensation to the Public Defender for all costs associated with performing the Public
Defender's obligations herein, including, but not limited to: employee compensation 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; rent for office space; costs for
necessary insurance; and state and local business license fees. In the event the City is
assessed a tax or assessment as a result of a failure of the Public Defender to abide by the
terms of this agreement, the Public Defender shall pay the same before it becomes due and
indemnify and hold the City harmless from any liability arising out of the same. In addition,
in the event the Public Defender is assessed a tax or assessment as a result of a failure of the
City to abide by the terms of this agreement, the City shall pay the same before it becomes
due and indemnify and hold the Public Defender harmless from any liability arising out of
the same.
18. 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 or of the City of Yakima Municipal Court for any
purpose, and the employees, agents, subcontractors, or representatives of the Public Defender
are not entitled to any of the benefits the City provides for its employees. The Public
Defender will be solely and entirely responsible for his or her acts and for the acts of his or
her agents, employees, subcontractors, or otherwise, during the performance of this
agreement.
19. INDEMNIFICATION: The Public Defender hereby agrees to release, indemnify, protect,
defend and save harmless the City 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 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 and their elected or appointed
Page 7 of 13
officials, employees, volunteers, and agents. In case of suit or action brought against the City
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 the costs of defense, including reasonable attorney's fees and any judgment
proportional to the Public Defender's negligence.
20. 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.
21. 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.
22. 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, Washington.
23. 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.
24. 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.
CITY OF Y
----`ladny IRourke,
City Ma ger
Date:
(� lei ��3
CITY CONTRAC r N • r I -�7
RESOLUTION NO' l 73
GILLILAND LAW FIRM, PLLC
By:
Richard Illiland / -
Its: - ` t1cY
Date: ( 'n
Page 8 of 13
ATTEST:
Sonya Claar Tee, City Clerk
City Contract No.
CITY CONTRAC r No:
RESOLUTION NO:
Page 9 of 13
EXHIBIT A
PUBLIC DEFENSE STATEMENT OF WORK
PUBLIC DEFENDER CONTRACTOR DUTIES AND RESPONSIBILITIES — The
Public Defender shall provide high quality indigent defense representation in the cases
assigned to it by the Yakima Municipal Court. The representation shall be consistent
with EXHIBIT B, CLIENT REPRESENTATION PRACTICE GUIDELINES, as set
forth below, and with the City's adopted standards for the delivery of public defense
services. The representation shall be provided in a professional and skilled manner and
shall be in compliance with the Washington State Rules of Professional Conduct as well
as case law and applicable court rules defining the duties of counsel and the rights of
defendants in criminal cases. The Public Defender's primary and most fundamental
responsibility is to promote and protect the best interests of the client.
2. TASKS — The Public Defender, his designee, or assignee shall perform the following
tasks with regard to each case to which the Public Defender is appointed.
A. Maintain a law office with a suitable client interview facility. The Public
Defender 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 defendants each court day. Set up
and maintain files, as is necessary, on each assigned defendant.
C. Establish and maintain client contact, keep the client informed of the progress of
the case, and effectively provide legal advice to the client throughout the
representation.
D. Timely interview defendants in custody anywhere in Yakima County.
E. Maintain continuity of representation at all stages of a case, including attendance
at all first appearance proceedings, such as arraignments, as is reasonably
possible, for in- custody defendants. Except for illness, vacation or occasional
conflicts, the assigned Public Defender shall appear at all Municipal Court
hearings with their clients.
3. COMPLAINTS
A. A method to respond promptly to indigent defendant client complaints shall be
established by the' Public Defender. If the attorney and client cannot resolve the
complaint amicably, the attorney shall ask the court for permission to withdraw
and substitute new counsel. The complaining client should be informed as to the
Page 10 of 13
disposition of his or her complaint within a reasonable period of time. If the
client feels dissatisfied with the evaluation and response received, he or she
should be advised of the right to complain to the Washington State Bar
Association.
B. The Public Defender shall notify the City and respond in writing to the City
within seven (7) days of learning of any complaint against the Public Defender or
against the City relating to the provision of indigent defense legal representation.
C. The Public Defender shall immediately notify the City of Yakima in writing when
it become aware that a complaint lodged with the Washington State Bar
Association has resulted in reprimand, suspension, or disbarment.
Page l 1 of 13
EXHIBIT B
CLIENT REPRESENTATION PRACTICE GUIDELINES
• Meet and communicate regularly with the client.
• Thoroughly explain to clients the constitutional, statutory and other rights that they have with
regards to their case.
• Be aware of clients' immigration status, research the implications of it for their cases, advise
clients of the consequences of a conviction or adjudication, and document said work as
appropriate.
• Thoroughly explain to clients the elements of the offense(s) that the City must prove in order
to obtain their conviction at a trial.
• Describe case procedures and timelines.
• Listen to client's questions and respond to them.
• Enable clients to candidly communicate with counsel.
• Facilitate agreements by realistically evaluating allegations and evidence with clients.
• Promptly communicate all offers of settlement.
• Prepare cases well.
• Conduct high quality, early case investigation.
• Conduct early case negotiations.
• Use discovery appropriately.
• Prepare for and participate in alternate resolution opportunities that may be available.
• Obtain experts and evaluators for cases involving disability, mental health, substance abuse
or similar issues, when appropriate.
• Draft well - researched and written motions and other legal memoranda and other documents.
• Competently and aggressively litigate hearings and trials if no agreement is reached.
• Appear at all court hearings with clients except as otherwise discussed in this agreement.
Ensure clients have adequate access to services, including court ordered treatment and /or
counseling.
• Explain the importance of obtaining court ordered treatment and /or counseling services to
clients.
• Develop a thorough knowledge of the resources available.
• Explore with clients ways to effectively participate in court ordered treatment and /or
counseling.
• Ask clients for feedback if obstacles prevent or impede their participation, and follow up
with the agency and in court when appropriate.
• In appropriate cases, encourage clients to obtain necessary evaluations and enroll in
counseling and /or treatment even before ordered by the court to do so.
• Prevent continuances and delays within attorney's control.
• Treat all cases assigned to counsel with the highest priority.
• Avoid over scheduling whenever possible.
• Request continuances only if they are needed for substantive reasons.
Page 12 of 13
• Take all necessary action to identify conflicts at the earliest practicable time upon receiving
case assignments and case reports.
J
0
Page 13 of 13
I
L
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT t,
Item No./ )�
For Meeting of: 6/18/2013
ITEM TITLE: Resolution authorizing Public Defender Agreement with
Gilliland Law Firm, PLLC.
SUBMITTED BY: Tony O'Rourke, City Manager
SUMMARY EXPLANATION:
Gilliland Law Firm has been serving as one of the City's contracted Public Defenders since July
2011. The existing contract between the City and Gilliland Law Firm will expire in July 2013.
In order to comply with state mandates, the City determined that negotiating a new contract
with Gilliland Law Firm would be in the City's best interest.
Attached for your review and consideration is a resolution authorizing the City Manager to
execute an agreement with Gilliland Law Firm to provide indigent defense services to the City.
The agreement, as presented, shall be effective July 1, 2013 and extend through December 31,
2017. The total compensation. for the two attorneys is as follows:
Remainder.of 2013 $90,000 ($15,000 per month)
Year 2014 $180,000 annually ($15,000 per month)
In 2015 the City anticipates, based upon projected case filing numbers, that up to an additional
3.5 attorneys may be necessary in order to comply with state case limit mandates. The cost for
5.5 attorneys is as follows:
2015 $495,970.75 annually ($41,331 per month)
2016 $510,849.87 annually ($42,571 per month)
2017 $526,175.37 annually ($43,848 per month)
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: July 1, 2013 End Date: December 31, 2017
Item Budgeted: Yes Amount:
Funding Source/Fiscal
Strategic Priority:
Insurance Required? Yes
General Fund
Public Trust and Accountability
Mail to: Richard Gilliland, Gilliland Law Firm PLLC.312VK
Washington Avenue, Union Gap, WA 98903
Phone:
APPROVED FOR
City Manager
Staff recommends Council approve the Resolution and authorize the City Manager to execute
contract with Richard Gilliland.
Name: Description:
F-] Gilliland Law Firm Resolution
L-1 060413 signed public oaf contract.pdf Gilliland Indigent Defense contract 2013-2017