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HomeMy WebLinkAboutR-1996-015 Public defender serviceRESOLUTION NO. R=96- 1 5 A RESOLUTION authorizing the execution of the Public Defender Agreement for 1996. WHEREAS, the City of Yakima criminally prosecutes persons for violations of City ordinances in the Yakima County District Court; and WHEREAS, Kenneth W. Raber and John J. Jay have agreed to perform Public Defender services for the City for 1996-1997 for the fee of Seventy Thousand Dollars ($70,000.00) payable in equal monthly installments in accordance with the provisions, terms, and conditions of the City of Yakima Public Defender Agreement for 1996; and WHEREAS, the City Council deems it to be in the best interest of the City to contract with Kenneth W. Raber and John J. Jay, attorneys at law, and to appoint them as City of Yakima Public Defenders for February 15, 1996 to February 14, 1997 under the terms and cGaditions of the aforementioned agreement, now, therdore,.. 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 1996 with Kenneth W. Raber and John J. Jay prior to February 14, 1996. ADOPTED BY THE CITY COUNCIL this Ol day of C-thlu , 1996. Ai LEST: 4 G� City Clerk Mayor e CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT FOR 1996 THIS AGREEMENT, made and entered into this ILiday of February, 1996, by and between Kenneth W. Raber and John J. Jay of Yakima, Washington hereinafter the "Public Defenders", and the City of Yakima, a municipal corporation, hereinafter referred to as the "City" WHEREAS, the Public Defenders are attorneys licensed to practice law in the State of Washington, with offices at 501 W. Lincoln Avenue, Suite C, Yakima, Washington 98901; and WHEREAS, the parties hereto are desirous of effectuating an agreement whereby the Public Defenders will provide legal services for indigents and other eligible persons in the Yakima County District Court and its various departments; now, therefore, IT IS HEREBY mutually agreed as follows: 1. The Public Defenders shall provide defense attorney services for all indigent defendants, other than individuals charged with domestic violence, charged with violating Yakima City ordinances in the Yakima County District Court which are punishable by incarceration in the Yakima County Jail. 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 Defenders. Court appearances during arraignments shall also be required as may be directed from time to time by the District Court. Page 1 of 7 2. Public Defender services must be performed on all court days, and a defense attorney must be 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. The Public Defenders 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 Defenders shall provide one (1) full-time and one (1) half-time public defense attorney or three (3) 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 Defenders and such defense attorneys as they may provide shall each fulfill their annual Washington State Bar Association continuing legal education requirement. 4. In the event that representation of a defendant creates a conflict of interest such that the Public Defenders cannot represent the defendant, the Public Defenders shall be responsible for the referral of the defendant to outside counsel at their sole expense. The City shall approve any sub -contracts for outside counsel services; such approval shall not be unreasonably withheld. 5. The City and District Court reserve the right at any time to reject services of any or all attorneys proposed by the Public Defenders. 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. 6. All attorneys performing services pursuant to this Agreement must carry and show proof of malpractice insurance in an amount agreeable to the City Prosecutor, 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. Page 2 of 7 7 The Public Defenders shall generally function as follows: a. Receive notices of appointment for indigent defendants each court day. 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 office space for the interviewing of defendants and witnesses. e. Provide supplies, postage, equipment, and telephone facilities to adequately carry on the responsibilities of the City o Yakima Public Defender. Provide adequate office support staff to perform the unctions of the City of Yakima Public Defender. 0ients Timely interview defendants in custody. In custody 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 Prosecutor 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. Public Defenders shall meet at least weekly at the City Prosecutor's office to discuss pending matters. 2. Public Defenders 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 Prosecutor's office no later than 4:30 p.m. on the day prior to the weekly meeting. Page 3 of 7 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" or 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 Prosecutor 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 Prosecutor which may be required by this agreement. All notices, discovery, or communications of any kind shall be sent to the public defenders at 501 West Lincoln Avenue, Suite "C". 8. The term of this Agreement shall be from February 15, 1996 to February 14, 1997; provided, however, that the term of this Agreement may be extended for one (1) additional year on the same terms and conditions herein at the discretion of the City Manager. If the City Manager extends the term of this Agreement, he may, at his discretion, renegotiate the compensation amount based upon increased case load; provided that in order to accommodate the City's budget process, the Public Defender shall provide to the City a request for renegotiation, of compensation, including a specific amount and documentation supporting such a request by November 1 of each year. If the Public Defenders are requesting an increase in compensation in excess of 7%, the Public Defenders shall, in addition to the November 1 notice, proposed compensation amount and documentation, provide notice of intent to request renegotiation of compensation and a status report supporting such a request on or before August 15th of each year. Any residual caseload at the end of the term shall be negotiated. Provided, however, in consideration for the amount of payment under this Agreement, the Public Defender Page 4 of 7 shall assume responsibility under the terms of this Agreement for that portion of the 1995 Public Defender's caseload which remains unresolved at the commencement of this Agreement. 9. In return for the above -enumerated services, the Public Defender shall receive compensation in a total amount of Seventy Thousand Dollars ($70,000.00), 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 may to John J. Jay at 1800 River Road #108, Yakima, Washington 98901. The City shall, in addition, compensate the Public Defenders for all expert witness fees incurred by the Public Defenders on behalf of indigent clients covered by this Agreement upon application and approval of the court. 10. The Public Defenders shall not assign, transfer, or subcontract this Agreement without obtaining prior written approval from • the City. 11. The Public Defenders will provide the aforementioned services in conformity with the canons of Professional Ethics and will provide the District Court and City with any reports, fiscal or otherwise, which are reasonably required in the performance of the District Court's and the City's responsibilities. An annual report shall be provided by the Public Defenders on a form provided by the City Prosecutor. 12. The parties agree that the Public Defenders are independent contractors 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 Defenders. No agent, employee, subcontractor, or representative of the Public Defenders shall be deemed to be an employee, agent, servant, or representative of the City or District Court for any purpose, and the employees, agents, subcontractor, or representative of the Public Defenders are not entitled to any of the benefits the City provides for its employees. The Public Defenders will be solely and entirely responsible for their acts and for the acts of their agents, employees, Page 5 of 7 subcontractors, or otherwise, during the performance of this Agreement. 13. The Public Defenders hereby agree 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 Defenders or their employees or subcontractors. The Public Defenders are jointly and severally liable to the City for any and all promises, duties, and obligations contained in this agreement. Provided, however, that nothing herein shall be deemed to require the Public Defenders 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. 14. The Public Defenders shall not discriminate on the basis of race, creed, color, national origin, or physical, mental, or sensory handicap in the performance of this Agreement. 15. The City of Yakima may terminate this Agreement with or without cause upon ninety (90) days written notice sent by certified mail to the addresses listed in this Agreement. The parties shall negotiate a reasonable fee for services to complete client representation which cannot be done through substituted counsel. 16. 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. Page 6 of 7 (adwygtlput Ld'Lw Any action at law, suit in enforcement of this Agreement instituted and maintained only County, Yakima, Washington DATED this 1 day of r--a3riAJCifti equity, or judicial proceeding for the or any provisions thereof, shall be in the Superior Court for Yakima CITY OF YAKIMA R. A. ZAIS, JR. City Manager 129 North 2nd Street Suite C Yakima, WA 98901 A FThST: )01erra-0( tei/v1A-1. City Contract No. q (1 / 7 Suite C Resolution No. Page 7 of 7 , 1996. TH W. RABER Attorney At Law 501 W. Lincoln Ave., Yakima, WA 98901 J 1-74 torney/At La 304 6- s SYS f- r) 0 AMENDMENT RE: CITY OF YAKIMA AGREEMENT FOR PUBLIC DEFENDER FOR 1996 AND RELEASE THIS AGREEMENT, made and entered into this day of , 1996, by and between Kenneth W. Raber and John J. Jay of Yakima, Washington, and the City of Yakima, a Washington municipal corporation, hereafter referred to as the "City." WHEREAS, on February 14, 1996, the City entered into an agreement with attorneys Kenneth W. Raber and John J. Jay for the provision of public defender services to the City of Yakima for the year 1996; and WHEREAS, John J. Jay is desirous of being released from his continuing obligation under that agreement; and WHEREAS, Kenneth W. Raber is desirous of continuing to perform the public defender services for the City of Yakima; and WHEREAS, Kenneth W. Raber has made arrangements to have attorney William A. Schuler, III, perform public defender services with him; and WHEREAS, Kenneth W. Raber will enter into an amended agreement for public defender services; now, therefore, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The City of Yakima Public Defender Agreement for 1996, entered into between Kenneth W. Raber and John J. Jay of Yakima and the City of Yakima, a Washington municipal corporation, and dated February 14, 1996, contained a provision providing for the term of the Agreement from February 15, 1996 to February 14, 1997. That agreement is hereby amended, in the form of the attached amended agreement. 2. John J. Jay shall deliver to Kenneth W. Raber any and all files and materials concerning indigent defendants whom he represented pursuant to the City of Yakima Public Defender Agreement for 1996, dated February 14, 1996. 3. Kenneth W. Raber shall enter into an amended agreement with the City of Yakima to provide public defender services for the remainder of 1996 and until February 14, 1997, in the form of the attached amended agreement. Page 1 of 3 RELEASE OF CLAIMS In consideration for the City of Yakima's releasing John J. Jay from his obligations under the City of Yakima Public Defender Agreement for 1996, dated February 14, 1996, John J. Jay hereby agrees as follows: a. John J. Jay, and his heirs, beneficiaries, successors, and assigns, will never by reason of any matter or cause relating to his participation in, or representation related to, the Public Defender Agreement for 1996, dated February 14, 1996 (whether said matter or cause is known or unknown, developed or undeveloped, at the date of executing this Agreement and Release) institute suit or action at law or in equity or otherwise execute any judgment against the City of Yakima, and the City's elected officials, officers, agents, attorneys, employees, successors, and assigns, and this release includes all claims, demands, causes of action, money, promises, damages, and demands whatsoever in law or in equity, which John J. Jay ever had, now has, or which may subsequently accrue to him arising out of or connected with, directly or indirectly, Mr. Jay's participation in the City of Yakima Public Defender Agreement for 1996, dated February 14, 1996; and John J. Jay further agrees and acknowledges that he intends to release, discharge, and acquit the City of Yakima from any unknown or unsuspected causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are in any way related to his participation in the City of Yakima Public Defender Agreement for 1996, dated February 14, 1996. b. John J. Jay hereby agrees to release, indemnify, protect, defend, and hold harmless the City of Yakima and Yakima County and their elected or appointed officials, officers, employees, attorneys, volunteers, and agents from any and all claims, actions, or damages of any kind and description which may be made by any person or persons, corporation, or property arising, directly or indirectly, out of the operation of the City of Yakima Public Defender Agreement for 1996, dated February 14, 1996, caused or contributed thereto by Mr. John J. Jay or his employees, agents, or subcontractors. Mr. John J. Jay remains jointly and severally liable with Mr. Kenneth W. Raber to the City for any and all promises, duties, and obligations contained in this paragraph. Provided, however, that nothing herein shall be deemed to require John J. Jay to indemnify the City or Yakima County or their elected or appointed officials, officers, attorneys, agents, volunteers, or employees for injury to persons, corporation(s), and/or property arising from the sole negligence of the City or Yakima County and their elected or appointed officials, agents, volunteers, and employees. In case of suit or action brought Page 2 of 3 against the City or County and/or their elected or appointed officials, agents, volunteers, or employees for damages arising out of or by reason of any of the above-mentioned causes, John J. Jay agrees to pay all costs of defense, including reasonable attorneys' fees and any judgment. DATED this / 7 day of CITY OF YAKIMA By: • \\\ R. A. Zais, r., City Manager ATTEST: �9Kavx-�aL Pc44 ng Ciity Clerk Page 3 of 3 , 1996. JOHN J. JAY By: ,4 L Jo J.Atto . e ' ataWW1 6 So. nd Street, Suite 701 Yakima, WA 98901 By: Kenne . Raber Attorney at Law 501 W. Lincoln Avenue, Suite C Yakima, WA 98902 KENNETH W. RABER