HomeMy WebLinkAboutR-1997-007 Agreement / Public Defender / Kenneth W. Raber, Inc., P.S.RESOLUTION NO. R-97-7
A RESOLUTION authorizing the execution of the Public Defender
Agreement for 1997.
WI-IEREAS, the City of Yakima criminally prosecutes persons for
violations of City ordinances in the Yakima County District Court and
Municipal Court of Yakima; and
WHEREAS, Kenneth W. Raber, Inc., P.S., agreed to perform Public
Defender services for the City for 1997-98 for the fee of One Hundred
Sixty -Five Thousand Dollars ($165,000.00) payable in equal monthly
installments in accordance with the provisions, terms, and conditions of
the City of Yakima Public Defender Agreement for 1997; and
WHEREAS, the City Council deems it to be in the best interest of
the City to contract with Kenneth W. Raber, Inc., P.S., attorney at law,
and to appoint him as City of Yakima Public Defender for January 1,
1997 through December 31, 1997 under the terms and conditions of the
aforementioned agreement, 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 1997 with Kenneth W. Raber, Inc., P.S.
ADOPTED BY THE CITY COUNCIL this
January, 1997.
ATTEST:
Tho
Act'ing City Clerk
(Is)res/
7th day of
ynn Buchanan, Mayor
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
FOR 1997
THIS AGREEMENT, made and entered into this IJTN day of
January 1997, 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 501 W.
Lincoln Avenue, Suite C, Yakima, Washington 98901; 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
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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 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. 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. At a minimum, the Public Defender shall provide two
(2) full-time or four (4) 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 Prosecutor, but in no event less than One Million Dollars
($1,000,000.00). Said insurance coverage shall be in effect
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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 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
of Yakima Public Defender.
f. Provide adequate office support staff to perforin the
functions of the City of Yakima Public Defender.
g. Timely interview defendants in custody. 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 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. The Public Defender shall meet at least weekly at the
City Prosecutor's office to discuss pending matters.
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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 Prosecutor'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 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. Terms and Renegotiation. The term of this Agreement
shall be from January 1, 1997, through December 31, 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
Defender is requesting an increase in compensation in excess of 7%,
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the Public Defender 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.
9. Composition. In return for the above -enumerated
services, the Public Defender shall receive compensation in a total
fixed -fee amount of One Hundred Sixty-five Thousand and no/100
Dollars ($165,000.00), 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 made to
Kenneth W. Raber, Inc., P.S., at 501 West Lincoln Avenue, Suite C,
Yakima, Washington 98902.
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 Prosecutor.
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
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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 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.
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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 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
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construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
DATED this G.1 day o
CITY OF YAKIMA
By:
R. A. ZAIS, JR.
City Manager
129 North 2nd Street
Yakima, WA 98901
ATTEST:
Actin City Clerk
City Contract No. 97-01
Resolution No. R-97-7
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1997.
PUBLIC DEFEND
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vPs
ETH W. RABER, INC., P.S.
Attorney At Law
501 W. Lincoln Ave., Suite C
Yakima, WA 98902
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM TITLE: Resolution Authorizing Execution of the
Public Defender Agreement for 1997.
SUBMITTED BY: John Hanson, Director, Finance and Budget
Archie Sutton, Personnel Officer
CONTACT PERSON/TELEPHONE:
SUMMARY EXPLANATION:
John Hanson, 575-6070
Archie Sutton, 575-6090'1
Item No. 1 k
For Meeting Of 1/7/97
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.
Starting in 1997, the City for the first time is also required to provide indigent defense
services for certain state misdemeanant and gross misdemeanant charges (ESSB 6211).
In order to provide for these indigent services, the City requested a statement of
qualifications and financial requirements from local legal firms. Kenneth Raber, the City's
curren t public defender, was the only respondee, and has agreed to provide public defense
services to the City at a cost of $165,000 for 1997.
Resolution X Ordinance Contract Other (Specify)
Funding Source _ C
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends Council pass the attached resolution
authorizing execution of the Public Defender Agreement for 1997.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
JH
Agenda -Pubic: Defender Agmt
Resolution adopted. Resolution No. R-97-7