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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 (ke & Ik) agr/Public Defender. w Page 1 of 6 (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. (ke & Ik) agr/Public Defender.jw Page 2of6 R 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) (ke & Ik) agr/Public Defender.jw Page 3 of 6 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 (ke & Ik) agr/Public Defender.jw Page 4 of 6 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 (ke & Ik) agr/Public Defender.jw Page 5 of 6 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 (ke)agr/Public Defender sw At a minimum, the Public Defender shall provide two and one half (2.5) full-time or five (5) half-time public defenders inclusive. Such attorneys may engage in private practice so long as it does not diminish the kind and quality of service required by this Agreement. The Public Defender and such defense attorneys as he may provide shall each fulfill their annual Washington State Bar Association continuing legal education requirement. 4. Duty in Case of Conflict. In the event that representation of a defendant creates a conflict of interest such that the Public Defender cannot represent the defendant, the Public Defender shall be responsible for the referral of the defendant to outside counsel at his sole expense. The City shall approve any sub -contracts for outside counsel services; such approval shall not be unreasonably withheld. 5. Right to Reject. The City, District Court, and Municipal Court reserve the right at any time to reject services of any or all attorneys proposed by the Public Defender. All attorneys proposed to provide services must be approved prior to performing services pursuant to this Agreement by the City and the Judges of the Yakima County District Court or Municipal Court of Yakima. 6. Insurance. All attorneys performing services pursuant to this Agreement must carry and provide the City of Yakima with written proof of malpractice insurance in an amount agreeable to the City Attorney, but in no event less than One Million Dollars ($1,000,000.00). Said insurance coverage shall be in effect throughout the term of this Agreement. Should such coverage be terminated for any reason, or should any attorney performing services become ineligible to practice law in this state for any reason, the services of the attorney affected shall cease immediately. 7. Specific Duties. The Public Defender shall generally function as follows: a. Receive notices of appointment for indigent defendants each court day. b. Set up and maintain files on each defendant. c. Notify each defendant of the appointment of counsel, the name of the attorney to whom the case is assigned, and the manner and method the defendant is to use to contact the assigned attorney. d. Provide adequate office space, attorney and staff time to adequately interview all defendants and witnesses prior to trial. e. Provide supplies, postage, equipment, and telephone facilities to adequately carry on the responsibilities of the City of Yakima Public Defender. f. Provide adequate office support staff to perform the functions of the City of Yakima Public Defender. Page 2 of 6 (ke)agr/Public Defender sw 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 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 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