HomeMy WebLinkAboutR-2004-003 Kenneth W. Raber, Inc. Agreement (Public Defender)RESOLUTION NO. R-2004- 03
A RESOLUTION authorizing the City Manager of the City of Yakima to execute
the "City of Yakima Public Defender Agreement for 2004
through 2006"
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 2004 for the sum of $218,763, within previously
budgeted authority; and
WHEREAS, as a result of these negotiations, the public defender agreed to
perform public defender services for the sum of $229,701 for 2005; and $241,186 for
2006.
WHEREAS, the City Council has determined that the proposed "City of
Yakima Public Defender Agreement for 2004 through 2006" 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 of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated "City of Yakima Public Defender Agreement
for 2004 through 2006."
ADOPTED BY THE CITY COUNCIL this 6th day of January, 2004.
19‘,
ATTEST: Mayor
City Clerk
Ik:res/ Reber public defender 2003.jw
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
FOR 2004
THIS AGREEMENT, made and entered into this fa,day of jArVG(il-ie� 2004,
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 1440 North 16th Avenue, Suite #2 Yakima,
Washington 98902; 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 lirpited 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, 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 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 and onehalf (2.5) full-time or five
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(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. Setup 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.
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.
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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 presiding judge of the Yakima Municipal
Court 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: 1440 North 16th Avenue, Suite #2 Yakima,
Washington 98902;.
8. Term and Renegotiation. The term of this Agreement shall be from
January 1, 2004, through December 31, 2006. Should the Public Defender elect to re-
negotiate this Agreement for an additional term beyond 2006, he shall submit a
proposal for compensation for additional service on or before August 1, 2006.
9. Compensation. In return for the above -enumerated services, the Public
Defender shall receive compensation in a total fixed -fee amount as follows:
For the calendar year 2004: Two Hundred Eighteen Thousand, Seven .
Hundred Sixty-three dollars ($218, 763)
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For the calendar year 2005: Two Hundred Twenty-nine Thousand, Seven
Hundred and One Dollars ($229,701); and
For the calendar year 2006: Two Hundred Forty-one Thousand One
Hundred and Eighty-six Dollars ($241,186)
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 1440 North 16th Avenue, Suite #2 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 approved by the City Manager on or before August 1 of each year.
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
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
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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
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
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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 F day of Sav`-4•41""(/, 2004.
CITY OF YAKIMA PUBLIC DEFENDE
By: ,4
R. A. ZAIS, JR
City Manager
129 North 2nd Street
Yakima, WA 98901
ATTEST:
City Contract No. 2004-03
Resolution No. R-2004-03
(ke & Ik) agr/Public Defender.jw
By:
K , NET RA: ER, INC., P.S.
Attorney At Law
1440 North 16th Avenue, Suite #2
Yakima, WA 98902
Page 6 of 6
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S
For Meeting of January 6, 2004
ITEM TITLE: A Resolution authorizing the City Manager of the City of Yakima to
execute an agreement with Kenneth W. Raber for public defender services for the
years 2004 through 2006.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575-6033
SUMMARY EXPLANATION: The attached "City of Yakima Public Defender
Agreement for 2004 through 2006. This contract is a renewal of an existing contract
with Kenneth W. Raber for public defender services. Previous contracts for public
defender services have been on a year-to-year basis. The proposed contract is for a
three year period from 2004 through 2006. Compensation for public defender
services would be set at $218,763 in 2004; $229,701 in 2005; and $241,186 in 2006. The
contract amount for 2004 is within the current budget authority for public defender
services.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
_,ty Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted:: RESOLUTION NO. R-2004-03
(Lk) agenda Reber publiL dehmder 21M/3.1w
ped° y�.3
CITY OF YAKIMA
LIMITED EXTENSION OF PUBLIC DEFENDER AGREEMENT
THIS AGREEMENT, made and entered into this 27th day of December, 2006, 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 1440 North 16th Avenue, Suite 2, Yakima,
Washington 98902; and
WHEREAS, the parties previously executed the City of Yakima, Public Defender
Agreement for 2004 which is scheduled to terminate on December 31, 2006. Yakima
Municipal Court Judge Kelley C. Olwell entered an Order on December 18, 2006; a copy
thereof is annexed hereto and incorporated herein by this reference as if set forth in full.
The parties have agreed that the said Agreement should be extended so as to provide
appropriate services to defendants who are clients of the Public Defender as of December
31, 2006, and an orderly transition to the successor attorneys that are scheduled to begin
service as Public Defenders for the City of Yakima on January 1, 2007; now, therefore,
IT IS HEREBY mutually agreed as follows:
1. Duties: The Public Defender shall continue to represent the indigent
defendants charged with violating Yakima City ordinances in the Municipal Court of
Yakima which are punishable by incarceration whose cases are set for hearings and/or
trials between January 1, 2007 and January 15, 2007 by consulting with them, advising
them, preparing documents for them and appearing with them in Court. In addition, the
Public Defender will handle disposition hearings for continuing client defendants
scheduled for January 17 and 24, 2007 and any trials scheduled for January 18 and 25,
2007. Such client defendants that have their cases set for trial or that are continued for
trial beyond January 31, 2007 will be transferred with the Court s consent at the time of
such trial setting or continuance, to the successor Attorneys. At the time of transfer, the
Public Defender shall advise such client defendants of the name, address and phone
number of the successor Attorneys, and Public Defender will consult with successor
Attorneys and agree upon a mutually satisfactory time, place, and manner for making the
files and.records of such defendant clients available to the successor Attorneys or their
authorized representative. Any case that is on appeal in any court as of December 31,
2006 and/or by January 31, 2007 assigned to the Public Defender shall be handled to
conclusion by the Public Defender. All new cases commencing January 1, 2007 shall be
handled by the successor Attorneys. Mr. Raber agrees to facilitate the transition by
reasonably and appropriately communicating with the successor Public Defenders, and
providing them with files, records, processes and systems as part of their assuming the
duties and responsibilities under their contract effective January 1, 2007.
2. Term: The term of this extension agreement shall be from January 1,
2007 through January 31, 2007, subject to further extension to any cases on appeal as of
January 31, 2007 that will continue to be handled by the Public Defender and to the terms
of the above -referenced Court order.
3. Compensation: As full and complete compensation for the above -
enumerated services and such other additional services as may be required under the
above -referenced Court order, the Public Defender shall be paid not more than the
maximum compensation amounts as follows:
$10,049.00 will be paid to the Public Defender by the City of Yakima on or before
January 15, 2007, to cover the services to be provided by the Public Defender
between January 1 and 15, 2007; provided that the Public Defender agrees that this
obligation shall be performed by not less than two attorneys.
The Public Defender shall be paid the sum of $437.50 per day for services rendered
on January 17 and 24, 2007, and the sum of $2,275.00 per day for January 18 and
.L... -25, 2007. for a total . Tho sum of $5,425.00, which shall be paid to the Public
Defender by the City of Yakima on or before January 31, 2007.
The Public Defender shall be paid at the rate of $175.00 per hour for services
rendered relative to appeals plus all out of pocket expenses; provided that the
maximum compensation payable under this provision shall be the total sum of
itw6- V$46,500.00. Payment shall be made by the City of Yakima to the Public Defender
within 14 days of invoices submitted by the Public Defender to the City.
All payments shall be made to Kenneth W. Raber, Inc., P.S. at 1440 N. 16th Ave.,
Ste. #2, Yakima, WA 98902.
4. Partial Incorporation: The balance of the terms and conditions of the
said City of Yakima Public Defender Agreement for 2004, not modified by the above
provisions herein, shall remain in full force and effect by and between the parties, and are
incorporated by this reference as if set forth in full. Nothing contained herein shall be
construed to expressly or impliedly alter the obligation of the Public Defender pursuant to
the above -referenced order of the Court, or pursuant to any other subsequent Court order.
In the event of any conflict between the duties of the Public Defender set forth in this
agreement and the duties set forth in said order, the terms of the order shall control.
DATED this 27th day of December, 2006.
CITY OF YAKIMA
AcAiRa. City Manager
129 North 2nd Street
Yakima, WA 98901
&/enc/s
CITY CONTRAC f NO; 'y -3
RESOLUTION NO:
PUBLIC DEFENDER
NN T W. RABER, IN
Attorney at Law
1440 North 16th Ave., Ste. #2
Yakima, WA 98902
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
FOR 2003
AMENDMENT AND EXTENSION THROUGH DECEMBER 31, 2003
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, 2003 through December 31, 2003.
Paragraph 9 of the Public Defender Agreement for 2001, as amended by City Contract
No. 2001-131, 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 -Eight Thousand Eight Hundred and Seventy -Six Dollars ($198,876.00),
payable in equal monthly 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 1440 North 16th Avenue, Suite 2, Yakima,
Washington 98902.
In all other respects, all other terms and conditions of the Public Defender Agreement
for 2001 shall remain in full force and effect.
Entered into this / day of January, 2003.
CITY OF YAKIMA
By:
R. A. Zais, Jr.
City Manager
ATTEST:
City Clerk
City Contract No.: a d 0 3— O f/
i 0
Ik/public defender raber extension 2003.jw
PUBLIC DEFEIDER-
Kenneth W. Raber
Attorney -at -Law
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ill 3
For Meeting of January 21, 2003
ITEM TITLE: A Resolution authorizing the City Manager of the City of Yakima to
execute an agreement with Kenneth W. Raber for public defender services for the year
2003.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575-6033
SUMMARY EXPLANATION: The attached "City of Yakima Public Defender
Agreement for 2003 Amendment and Extension through December 31, 2003," in the
sum of $198,876.00 is an extension of an existing contract with Kenneth W. Raber for
public defender services. This is an increase in compensation of $4,570 (1.2%) over the
amount provided in the Public Defender Agreement for 2002. This increase in
compensation is provided for by the 2002 contract. This amount is within the current
budget authority for public defender services.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-10
(Ik) agenda Raber public defender 2000.pv
RESOLUTION NO. R-2003- 10
A RESOLUTION authorizing the City Manager of the City of Yakima to execute
the "City of Yakima Public Defender Agreement for 2003
Amendment and Extension through December 31, 2003."
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 2003 for the sum of $198,876.00, within
previously budgeted authority; and
WHEREAS, the City Council has determined that the proposed "City of
Yakima Public Defender Agreement for 2003 Amendment and Extension through
December 31, 2003" 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 of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated "City of Yakima Public Defender Agreement
for 2003 Amendment and Extension through December 31, 2003."
ADOPTED BY THE CITY COUNCIL this 21st day of January, 2003.
ATTEST: ary Place, Mayor
City Clerk
lk:res/Raber public defender 2003.jw
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
FOR 2001
THIS AGREEMENT, made and entered into this a' 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 40`h 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 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.
Page 1 of 6
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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
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 on the 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
Page 3 of 6
(ke)agi/Public Defender sw
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
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(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 is4 day of , 2000.
CITY OF YAKIMA PUBLIC DEFENDE.R-
By:
R. A. ZAIS,-JR.
City Manager
129 North 2nd Street
Yakima, WA 98901
ATTEST:
City Contract No. 2000-103
Resolution No. R-2000-160
(ke)agr/Public Defender.sw
By:-
,KENN'TH W. RA R, INC., P.S.
Attorney At Law
205 North 40th Avenue, #104
Yakima, WA 98908
j)
Page 6 of 6
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. + l
For Meeting Of I
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 provide public
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: ��Z� , •
City Manager
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. RESOLUTION NO. 8-2000-160
(ke)ordinance/public defender agrmt
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.
ADOPTED BY THE CITY COUNCIL this igticlay of Dtacpmher , 2000.
Sl MARY PLACE
ATTEST: Mayor
� ! KAREN S. RORFRTS, CMC
City Clerk
(ke)res/public defender agrmt
Certified to be a true and correct copy of the
original filed in my office. 1 a/011(00
CI CLERK
CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT
FOR 1999: SECOND AMENDMENT
The City of Yakima Public Defender Agreement for 1999, City Contract
Number 98-121, as amended by the City of Yakima Public Defender Agreement
for 1999 Amendment and Extension Through December 31, 2000, City Contract
Number 2000-1 are hereby amended as follows.
Paragraph 9 of the Public Defender Agreement for 1999 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 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 payable to Kenneth W. Raber, Inc., P.S., and mailed to 205
North 40th Avenue, #104, Yakima Washington 98098.
In allother respects, the Public Defender Agreement for 1999, as amended
by the City of Yakima Public Defender Agreement for 1999 Amendment and
Extension Through December 31, 2000, shall remain in full force and effect.
Entered into this G/ day of February, 2000.
CITY OF YAKIMA PUBLIC DEFENDER
BY
R.A. ZAIS, JR.
City Manager
ATTEST:
By:
(KENNETH W 11 BER
Attorney at Law
City Clerk s" --e.)'
City Contract No. 2000-23
Resolution No. R-2000-24
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 2/1100
ITEM TITLE: An Ordinance amending the 2000 General Fund Budget for Legal Services
SUBMITTED BY: Legal Department / Finance & Budget Department
CONTACT PERSON/TELEPHONE: Jeff B. West, 575-6033
SUMMARY EXPLANATION:
As a result of the passage of 1-695, the City lost one full-time prosecutor. Attached are various
options for replacing prosecution services lost to the City due to the loss of MVET revenues and
various options for funding said prosecution services.
Staff recommends that the City provide required prosecution services through contracted private
counsel. A Request for Proposal will be issued to determine the least expensive option. In
addition, the budget needs to be amended to match the contract for public defender services.
The attached ordinance provides $45,000 for prosecution services and $5,000 for public
defender services, for a total appropriation of $50,000 in the General Fund.
Resolution _ Ordinance X Other (Specify) Report
Contract Mail to (name and address):
Phone
Funding Source General Fund
APPROVED FOR SUBMITTAL:•- --p
City Manager
STAFF RECOMMENDATION: Read ordinance by title only at the February 1, 2000 meeting.
Pass ordinance after the second reading at the February 15, 2000 meeting. Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: 17 A: Resolution adopted. RESOLUTION NO. R-2000-24
17 B: First reading 2-1-2000. Second reading 2-15-2000.
Ordinance passed. ORDINANCE NO. 2000-06
CITY OF YAKIMA
LEGAL
DEPARTMENT
200 South Third Street Yakima Washington 98901-2830 phone: (509) 575-6030; fax (509) 575-6160
MEMORANDUM
Date: January 26, 2000
TO: The Honorable Mayor and Members of the City Council
FROM: Raymond Paolella, City Attorney
Jeff B. West, Senior Assistant City Attorney
SUBJECT: Prosecution Alternatives
As a result of the passage of Initiative 695 and declining sales tax revenues, City
prosecution staff has been cut from 4 to 2.8 prosecutor positions, a 30%
reduction. This staffing level is inadequate to support continued prosecution at
pre -695 levels. In order to respond to this staffing cut, the City Attorney's office,
in conjunction with the Police Department, City Management and the Municipal
Court, have taken the following steps to reduce the prosecutorial case load.
1. Prosecutors no longer appear at contested hearings.
2. Proposed infractionalization of liquor in parks and fireworks
violations.
3. Proposed adopting a DWLS impound ordinance to
eventually reduce the number of DWLS cases filed in
Municipal Court.
4. Ceased to prosecute shoplifts under $50 value, defrauding
innkeepers and taxi drivers, petit larcenies valued at under
$50, and misdemeanor fail to return leased property. As a
result of these cuts, the Public Defender contract was
reduced by $7,000 for 2000.
These cuts may have significant impacts on the livability of our city. The Mayor
has requested alternatives to these cuts, particularly ceasing to prosecute minor
property crimes. Potential options are outlined below:
Honorable Mayor and Members of City Council
January 26, 2000
Page -2
Prosecutor Staffing Options.
I. Restore attorney/Indigent Defense Services
Pros: Returns prosecution to nearly pre -695 levels (brings prosecutor
to filings ratio up to 1586 filings per prosecutor, still over twice
recommended levels).
Cons: None, other than budget impact.
Projected Cost: Attorney $63,000 per year
Indigent Defense Contract $5,000 per year
Total $68,000
II. Hire a Prosecutorial Investigator
Pros: Provide prosecutors with additional support services and
investigative information. Remove some burden from police
detectives. Allow prosecution of minor property crimes.
Cons: Does nothing to alleviate court time burden on prosecutors,
only shifts some work currently performed by prosecutors to
staff. Since the City of Yakima has never had such a position,
actual time saved/cost analysis is uncertain.
Projected Cost: Approximately $50,000 per year
III. Shift resources from civil legal work to prosecution
Pros: Restore criminal prosecution to pre -695 levels.
Cons: Severe negative impact on City Council legislation, zoning and
land use functions, and code enforcement. Increased risk of
errors and oversights.
Projected Cost: It is anticipated that the City would need to hire additional
outside legal counsel at substantial cost to complete priority
legal projects for the City Council.
Honorable Mayor and Members of City Council
January 26, 2000
Page - 3
IV. Contract private counsel to provide prosecution services
Pros:
Cons:
Projected Cost:
Provide adequate levels of prosecution staffing to prosecute
minor property crimes. When compared with hiring a
permanent employee, provides flexibility for City's future
planning needs.
Fully burdened private counsel costs are triple the cost of a
salaried attorney. Currently, most private counsel charge $95
per hour and up, which includes overhead costs. Staff will
attempt to drive down this cost to $50 per hour or less through a
competitive Request for Proposals procedure and by offering to
provide administrative overhead/secretarial services thru the
City.
Private attorney $45,000 per year
Increase indigent defense contract $5,000
Total $50,000
Funding Options
I. Cease to incarcerate all but mandatory sentences
Pros: Significant cost savings
Cons: Minimal deterrence to future criminal activity. Violent
criminals, particularly those convicted of domestic violence,
would not go to jail. Public discontent/the belief that
nothing is being done to stop crime.
Projected Savings: Up to $284,940.00 IF this reduces inmate load enough to
cancel outside jail contracts with Sunnyside, Wapato and
Toppenish. An in-depth audit of prisoner time and outside
jail use would be necessary to provide an actual savings
figure. This option may be impractical since the elected
judge has the final determination on all sentences.
II. Increase court revenues from a filing fee and/or law enforcement
assessment
Pros: Increase the amount of money that would flow to the
general fund from court collections operations. May allow
for certain funds to be dedicated to law enforcement.
Cons: Changes will need the approval of the state auditor's office.
Honorable Mayor and Members of City Council
January 26, 2000
Page - 4
Projected Revenue: Unknown at this time.
III.
Pros:
Cons:
Allocate monies from the general fund
City Council implemented budget cuts of $75,000 in excess
of that which was required to meet the 2000 budget shortfall
caused by declining revenues and the loss of MVET funds.
These funds are available in this year's budget.
Future budget shortfalls might limit this funding.
Staff Recommendation
Meet prosecutor staffing requirements by contracting with private counsel to
provide prosecution services (Staffing Option IV) to be funded by allocating
general fund cash reserves (Funding Option III).
RESOLUTION NO. R-2000- } 4
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a Second Amendment to the City of Yakima Public Defender
Agreement for 1999.
WHEREAS, in anticipation of not prosecuting minor property crimes, the City Manager,
under authority granted by the City Council, renegotiated the Public Defender Agreement for
1999 with the City's public defender, Kenneth W. Raber; and
WHEREAS, as a result of these negotiations, the Public Defender agreed to a $7,500
annual reduction on condition that he would not be required to defend minor property crimes;
and
WHEREAS, the City Council has determined that the City of Yakima will prosecute
minor property crimes; and
WHEREAS, as a result of that decision, Mr. Raber is willing to defend minor property
crimes for the remainder of 2000 for an additional $5,000, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "City of Yakima Public Defender Agreement for 1999: Second Amendment."
ADOP 1'ED BY THE CITY COUNCIL, this VD day ofR4 , 2000.
A 1PEST:
City Clerk
ary Place, Mayor
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
FOR 1999
THIS AGREEMENT, made and entered into this E0 { day of 14-7-- 1990,
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 40`" 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 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.
Page 1 of 6
(ke)agr/Public Defender.sw
Lie
-S r'
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 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.
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
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
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.
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: 205 North 40th Avenue, #104, Yakima, Washington
98908.
8. Terms and Renegotiation. The term of this Agreement shall be from
January 1, 1999, through December 31, 1999; 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 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
Page 3 of 6
(ke)agr/Public Defender.sw
previous year's July index to the current year's July index. The calculation for the
increase or decrease in salary for 2000 shall be based upon the indexes from July of
1998 to July of 1999. 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
Ninety-one Thousand and no/100 Dollars ($191,000.00), 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 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 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 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 /04 day of 11-9\,-,-, , 1998.
CITY OF YAKIMA PUBLIC DEFENDER
By:
R. A. ZAIS, JR.
City Manager
129 North 2nd Street
Yakima, WA 98901
ATTEST:
By:
City Contract No. 98-121
Resolution No. R-98-147
(ke)agr/Public Defender.sw
K NNETH W. RABE , INC., P.S.
Attorney At Law
205 North 40`h Avenue, #104
Yakima, WA 98908
Page 6 of 6
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting Of 11/3/98
ITEM TITLE: Resolution Authorizing and Directing the City Manager and City Clerk
to Execute the Public Defender Agreement for 1999.
SUBMITTED BY: John Hanson, Director, Finance and Budget
CONTACT PERSON/TELEPHONE: John Hanson, 575-6070
Archie Sutton, 575-6090
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 provide public
defense services to the City at a cost of $191,000 for 1999. The contract would be
renewable at the discretion of the City Manager for the Year 2000.
Resolution X Ordinance Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION: Staff recommends Council pass the attached resolution
authorizing execution of the Public Defender Agreement for 1999.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-98-147
(ke)ordinance/public defender agrmt
KENNETH W. RABER, INC., P.S.
Attorney at Law
205 North 40th Avenue, Suite 104
Yakima, Washington 98908
Telephone (509) 965-5353
Facsimile (509) 965-8003
August 14,1998
Mr. Raymond Paolella
City of Yakima Legal Department
200 South Third Street
Yakima, WA 98901-2830
RECEIVED
AUG 141998
CHI LtUAL DEPT.
RE: Proposal for City of Yakima Public Defender Agreement for Criminal
and Traffic prosecutions in the Yakima Municipal Court and Yakima
County District Court.
Dear Mr. Paolella:
The following is a proposal for the City of Yakima Public Defender for the
Year 1999 and 2000.
This proposal is based upon the following factors:
1. The public defender case load for the year 1998 is projected to be
approximately 3324.
2. The domestic violence case load continues to represent a significant
proportion of the case load and consumes an inordinate amount of
attorney and staff time. It is therefore felt that because of the time
involved in handling these cases, and other complicating factors, that
a minimum charge of $100 per case would be necessary as
compensation for handling this aspect of the case load.
3. It is my opinion that the balance of the caseload, other than domestic
violence, can adequately be compensated at a rate of $50 per case.
4. Recent additions and amendments to the DUI laws by the state
legislature will cause these cases to be more complicated and time
consuming, and will undoubtedly result in more jury trials.
With the above factors in mind, the following proposals are submitted:
i
1.
DOMESTIC VIOLENCE
I do not believe that there is a need to anticipate a significant increase
LII_ 1o_� LII: The 1_ has not changed
_� .ILII _U�_, public in ULC case load 1!L ULLj area. a1LC law 1lQj 1IVl �.1lQ1lgCU and YYllll QUUCU 1.JUV11c
awareness the figures should remain stable.
The original proposal took into account the extra time involved in
handling these cases and also other complicating factors. That assumption
has proven to be correct and therefore it would be necessary to set
compensation at the rate of $100 per case. Jury trials on domestic violence
cases have been minimal due mainly to the cooperation and flexibility that
exists between the prosecutor's and the defender's office and there is no
reason to believe that this will not continue.
The caseload in this area through July 30, 1998 was 494 and it is projected that
the total will be approximately 847.
Proposed Compensation: $84,700.00
There has been a significant increase in DUI cases in 1998, particularly
in the past three months. There have also been major changes in the DUI
law which will be going into effect 1/1/99. DUI cases are handled from a
defense standpoint. For example, many of the DUI cases have been resolved
with a deferred prosecution, but because of the changes to be implemented,
this alternative will not be as widely used and many of those cases will be
going to trial instead.
Because of the emphasis on DUI's by the legislature, civic groups,
MADD, and others I believe that the police department will have no
alternative but to maintain DUI's on a high profile basis. Consequently, I do
not believe that the arrest level in the future will be any lower in this area
than in 1998, and will probably increase.
The caseload in this area through July 30, 1998, was 106 and it is
projected that the total will be approximately will be 180. I would estimate
that there will be a 10 percent increase in this area for a total caseload in 1999
of 198.
Proposed compensation: $9,900.00
III.
MISCELLANEOUS CRIMINAL CASES
This area numerically comprises the bulk of the caseload. I do not
anticipate any significant changes in the number of cases in this area for the
year 1999.
The caseload in this area through July 30, 1998, was 1207 and it is
projected that the total for the year 1998 will be 2064 less a projected total for
District Court of 228, for a total projected figure of 1836.
Proposed compensation: $91,800.00
IV.
DISTRICT COURT
It should be noted that the 1997 total for District Court was 565. As of
July 30, 1998, the District Court total was 133 and a projected total for the year
1998 would be 228, a reduction of approximately 40%. I see no reason why a
reduction of cases should not continue in this area.
Projected caseload for 1999: 137 Proposed compensation: $ 6,850.00
V.
JURY TRIALS
Because of the changes in the DUI law and the resulting increased
penalties and limited availability of deferred prosecutions it is reasonable to
assume that there will be a substantial increase in the number of jury trials.
Defense attorneys are compensated an additional $300 per jury trial over and
above any other compensation.
Projected number of jury trials: 15 Proposed compensation: $4,500.00
TOTAL PROPOSED COMPENSATION FOR 1999:
Very truly y
Kenneth W. Raber
$197,750.00
"RECEIVED
FEB 0 21998
CITY LEGAL DEP 97 A
Noy
NNUAL PUBLIC DEFENDER REPORT -t. .�
' c:;'` en„ ens -
a ' yi
LI i9'17
J J
Please list 311 attome s • rovidin • • ublic defender service:
:tiara.::
KENNETH W. RABER
205 N anTH AVE #104
YAKIMA WA 08900
(509'955 5353
(500)577 4512
WILLIAM SCHULER
242R9
50^'553 2254
(509 ` 597 .0162-
50'. WEST LINCOLN C
DOUGLAS WILSON 3530 YAKIMA WA 98902
(500)248 6x23 N/A
Please attach additional attomey information if needed.
Please attach written proof of malpractice insurance for each attorney listed above.
District Court
Number of DV cases appointed by the Court
Number of non -DV cases appointed by the Court
TOTAL cases for District Court
Number of appeals filed from District Court
Municipal Court
Number of DV cases appointed by the Court
Number of non -DV cases appointed by the Court
TOTAL cases for Municipal Court
Number of appeals filed from Muncipal Court
TOTAL number of appeals filed
TOTAL NUMBER OF CASES
.gated: —
2
5
0
555
678
2199
By: -
'KENNETH W. RABEIit
Public Defender
565
2877
3442
C *TA*12/16/97*TPL2668991-00
0316228
ddADMINISTRATIVE OFFICES
580 WALNUT STREET
CINCINNATI, OHIO 45202
TEL. 1-513-369-5000
r/ur.1& vU to ova noaprc rnucu occ
ORIGINAL COPD
TAU 8001 (Ed. 08 94)
Policy No. TPL
Renewal Of
266-89-91
LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS
_ nn
NAMED INSURED AND ADDRESS:
KENNETH W. RABER INC., PS
205 N 210TH AVE., SUITE 104
YAKIMA, WA
98908
POLICY PERIOD: 12:01 A.M.
Standard Time at the address of
the Named insured as stated
herein.
From 12/01/97 To 12/01/98
rHIS IS A CLAIMS MADE POLICY.
'LEASE REVIEW THE POLICY CAREFULLY.
rHE POLICY IS LIMITED TO LIABILITY
=0R ONLY THOSE CLAIMS THAT ARE FIRST
fiADE AGAINST THE INSURED DURING THE
'OLICY PERIOD.
PRODUCER'S NAME AND ADDRESS:
SEABURY AND SMITH
720 OLIVE WAY, 1212
SEATTLE WA 98101
Insurance is afforded by AMERICAN NATIONAL FIRE INSURANCE COMPANY
(a capital stock corporation, hereinafter called Insurer)
FORM OF NAMED INSURED'S BUSINESS:
Insured is ( ) Proprietorship (
( X ) Corporation
Partnership
Association
LIMIT OF LIABILITY:
$ 500,000
$ 1,000,000
Each Claim
Aggregate
DEDUCTIBLE:
$ 5,000
PREMIUM:
$ 848
1 No of Lawyers
Amount
Class
FORMS AND ENDORSEMENTS applicable to all Coverage Forms and made part of this
policy at time of issue are listed on the attached Forms and Endorsements
Schedule TAU 8497 (08/94).
By acceptance of this policy the Insured agrees that the statements in the
Declarations and the Application and any attachments hereto are the Insured's
agreements and representations and that this policy embodies all agreements
existing between the Insured and the Company or any of its representatives
relating to this insurance.
2ountersigned at.
C,1^^A10:0-\
By
Date Countersigned'
A u t h n r i z e d Representative
12—‘
JL
C *TA*12/16/97*TPL2668991-00
0316228
ADMINISTRATIVE OFFICES
580 WALNUT STREET
CINCINNATI, OHIO 45202
TEL. 1-513-369-5000
GiE TAMERWCAN INSURANCE COMPANIES
ORIGINAL COPY
TAU 8001 (Ed. 08 94)
Policy No. TPL 266-89-91 - 00
Renewal Of
LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS
NAMED INSURED AND ADDRESS:
KENNETH W. RABER INC., PS
205 N 210TH AVE., SUITE 104
YAKIMA, WA
98908
POLICY PERIOD: 12:01 A.M.
Standard Time at the address of
the Named Insured as stated
herein.
From 12/01/97 To 12/01/98
THIS IS A CLAIMS MADE POLICY.
PLEASE REVIEW THE POLICY CAREFULLY.
THE POLICY IS LIMITED TO LIABILITY
FOR ONLY THOSE CLAIMS THAT ARE FIRST
MADE AGAINST THE INSURED DURING THE
POLICY PERIOD.
PRODUCER'S NAME AND ADDRESS:
SEABURY AND SMITH
720 OLIVE WAY, 1212
SEATTLE WA 98101
Insurance is afforded by AMERICAN NATIONAL FIRE INSURANCE COMPANY
(a capital stock corporation, hereinafter called Insurer)
FORM OF NAMED INSURED'S BUSINESS:
Insured is ( ) Proprietorship
( X ) Corporation
Partnership
Association
LIMIT OF LIABILITY:
$ 500,000
$ 1,000,000
Each Claim
Aggregate
DEDUCTIBLE:
$ 5,000
PREMIUM:
$ 848
1 No. of Lawyers
Amount
Class
FORMS AND ENDORSEMENTS applicable to all Coverage Forms and made part of this
policy at time of issue are listed on the attached Forms and Endorsements
Schedule TAU 8497 (08/94).
By acceptance of this policy the Insured agrees that the statements in the
Declarations and the Application and any attachments hereto are the Insured's
agreements and representations and that this policy embodies all agreements
existing between the Insured and the Company or any of its representatives
relating to this insurance.
Countersigned at.
S-e-417Zef2_, , J
By
Date Countersigned.
(2.—\ et --`i)
Authorized Representative
RESOLUTION NO. R -98-
A RESOLUTION authorizing and directing the City Manager and City Clerk to
excute the Public Defender Agreement for 1999.
WHEREAS, 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 1999 for the fee of One Hundred Ninety-one Thousand
Dollars ($191,000.00) payable in equal monthly installments in accordance with the
provisions, terms, and conditions of the City of Yakima Public Defender Agreement
for 1999; and
WHEREAS, such agreement is renewable at the discretion of the City
Manager for the Year 2000, 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, 1999, through December 31, 1999,
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 1999 with Kenneth W. Raber, Inc., P.S.
ADOPTED BY THE CITY COUNCIL this 3raday of November , 1998.
SI JOHN PUCCLNELLI
ATTEST: Mayor
!V! KAREN S. ROBERTS, CMC
City Clerk
Certified to be a true and1 correct copy
original filed in my
office. g 5- V
CITY CLERK
(ke)res/public defender agrmt
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
FOR 1999
AMENDMENT AND EXTENSION THROUGH DECEMBER 31, 2000:
The City of Yakima Public Defender Agreement for 1999, City
Contact Number 98-121, 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, 2000, through
December 31, 2000.
Paragraph 9 of the Public Defender Agreement for 1999 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 Eighty-three
Thousand and no/100 Dollars ($183,500), payable in
equal monthly (15th to 14th) monthly 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 98098.
In all other respects, the Public Defender Agreement for 1999 shall
remain in full force and effect.
Entered into this Z 2- Day of December 1999.
CITY OF YAKIMA
By:
R.A. ZAIS, 5R.
City Manager
ATTEST:
4 /(17,,n-
City
City Clerk
City Contract No.
PUBLIC DEF DER -Th
By:
ENNETH W. RABER
Attorney at Law