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HomeMy WebLinkAboutR-1991-D6027 Public Defender / Glen P. Warren• RESOLUTION NO. .'D 6 0 2 ` A RESOLUTION appointing Glen P. Warren as City of Yakima Public Defender for the calendar year 1992. WHEREAS, Glen P. Warren, Attorney at Law, is the City of Yakima Public Defender pursuant to appointment by the Yakima County District Court and pursuant to an agreement with the City which expires December 31, 1991; and WHEREAS, Glen P. Warren has agreed to perform public defender services for the City for the year 1992 for the annual fee of $94,500.00 payable in equal monthly installments and in accordance with the provisions, terms, and conditions of the City of Yakima Public Defender Agreement for 1992; and WHEREAS, the City Council deems it to be in the best interests of the City to contract with Glen P. Warren, Attor- ney at Law, and to appoint him as City of Yakima Public De- fender for the year 1992 under the terms and conditions of the aforementioned agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Glen P. Warren, Attorney at Law, is hereby appointed City of Yakima Public"Defender for the calendar year 1992 in accor- dance with the provisions, terms, and conditions of the City of Yakima,Public Defender Agreement for 1992, a true copy of which is attached hereto and incorporated herein, and the City Manager and City Clerk are hereby authorized and directed to execute said agreement. �/ ADOPTED BY THE CITY COUNCIL this ,26 day of /v�e- 1991. ATTEST: City Clerk (res/pubdef.jv) Mayor CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT FOR 1992 THIS AGREEMENT, made and entered into this 5th day of December ' 1991, by and between GLEN P. WARREN of Yakima, Wash- ington, the City of Yakima Public Defender, hereinafter referred to as the Public Defender, and the City of Yakima, hereinafter referred to as the City. WITNESSETH: WHEREAS, the Public Defender is an attorney licensed to prac- tice law in the State of Washington, with offices at 905 Larson Building, Yakima, Washington, 98901; and, WHEREAS, the parties hereto are desirous of effectuating an agreement whereby the Public Defender will provide legal services for indigents and other eligible persons in the Yakima County District Court and its various departments; now, therefore, IT IS HEREBY mutually agreed as follows: 1. The Public Defender shall provide defense attorney services for all indigent defendants charged with violating Yakima City Ordinances in the Yakima County District Court which are punishable by incarceration in the Yakima County Jail. Such services shall include legal representation 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 representa- tion on review or appeal; and court appearances during ar- raignments as may be directed from time to time by the District Court. 2. Public Defender services must be performed on all court days, and a defense attorney must be available by telephone 24 hours a day, seven days a week, for each week of the year in order to give legal advice to persons who are in custody on such charges. 3. The Public Defender must provide a sufficient number of other 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 attorney shall be admitted to practice in Washington. At a minimum the Public Defender shall provide one full-time and one half-time public defense attorney or three half-time public defenders inclusive of Mr. Warren. Such attorney may engage in private practice so long as it does not diminish the kind and quality of service required bv - 1 - (agr/pubdef.jv) this agreement. The Public Defender and such defense attor- neys as he may provide shall each fulfill their annual Wash- ington State Bar Association continuing legal education requirement. 4. The City and District Court reserve the right at any time to reject services of any or all attorneys proposed by the Pub- lic 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 Coun- ty District Court. 5. Ail attorneys performing services pursuant to this agreement must carry and show proof of malpractice insurance in an amount agreeable to the City Prosecutor. Said insurance coverage shall be in effect throughout the term of this agreement. Should such coverage be terminated for any rea- son, the services of the attorney affected shall cease imme- diately. 6. The Public Defender shall generally function as follows: a. Receive notices of appointment for indigent defendants each court day. b. Set up and maintain files on each defendant. c. Notify each defendant of the appointment of counsel, the name of the attorney to whom the case is assigned, and the manner and method the defendant is to use to contact the assigned attorney. d. Provide office space for the interviewing of defendants and witnesses. e. Provide supplies, postage, equipment, and telephone facilities to adequately carry on the responsibilities of the City of Yakima Public Defender. f. Provide office support staff to perform the functions of the City of Yakima Public Defender. g. Timely interview defendants in custody. h. At least four 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 wit- nesses, evidence, trial, or sentence recommendations. i. Provide training, supervision, and monitoring of attor- neys who act as his employees, subcontractors, or agents in the performance of this contract. Provide a means suitable to the City Prosecutor for the disposition of complaints against the Public Defender and his public defense attorneys. -2 (agr/pubdef.jv) 7. The term of this agreement shall be from January 1, 1992 to January 1, 1993. 8. In return for the above -enumerated services, the Public De- fender shall receive compensation in a total amount of Ninety -Four Thousand Five Hundred Dollars ($94,500.00) for the year 1992. All compensation shall be payable in egual monthly installments upon proper voucher for the same, sub- mitted by the Public Defender and received by the Director of Finance and Budget at City Hall, Yakima, Washington. The City shall, in addition, compensate the Public Defender for all expert witness fees incurred by him on behalf of indigent clients covered by this agreement upon application and approval of the court. 9. The Public Defender shall not assign, transfer, or subcon- tract this agreement without obtaining prior written approval from the City. 10. The Public Defender will provide the aforementioned services in conformity with the canons of Professional Ethics and will provide the District Court and City with any reports, fiscal or otherwise, which are reasonably required in the perfor- mance of the District Court's and the City's responsibili- ties. An annual report shall be provided by the Public Defender on a form provided by the City Prosecutor. 11. 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 de- scribed herein, in accordance with the terms and conditions of this agreement. The implementation of contracted activi- ties and the results to be achieved are solely the responsi- bility of the Public Defender. No agent, employee, sub- contractor, or representative of the Public Defender shall be deemed to be an employee, agent, servant, or representative of the City or District Court for any purpose, and the em- ployees, agents, subcontractor, or representative of the Public Defender are not entitled to any of the benefits the City provides for its employees. The Public Defender will be solely and entirely responsible for his acts and for the acts of his agents, employees, subcontractors, or otherwise, during the performance of this agreement. 12. 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, 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 sub -contractors. 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 -3 (agr/pubdef.jv) officials, agents, or employees for injury to persons, cor- poration, and/or property arising from the sole negligence of the City or Yakima County and their elected or appointed officials, employees, and agents. In case of suit or action brought against the City or County and/or their elected or appointed officials, agents, and employees for damages aris- ing out of or by reason of any of the above-mentioned causes, the Public Defender agrees to pay all cost of defense, in- cluding reasonable attorneys' fees and any judgment. 13. 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 contract. 14. Either party may terminate this agreement upon 90 days writ- ten notice sent by certified mail to the addresses listed in this agreement. The parties shall negotiate a reasonable fee for services to complete client representation which cannot be done through substituted counsel. 15. 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 performance. 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 Supreme Court for Yakima County, Yakima, Washington. DATED this 5th day of December PUBLIC DEFENDER GLEN WARREN Attorney at Law 905 Larson Building Yakima, WA 98901 ATTEST: c 2#' /2e-- L°L4 City Clerk - 4 - (agr/pubdef.jv) , 1991. CITY OF YAKIMA R.A. ZAIS, R. City Manager 129 North 2nd Street Yakima, WA 98901 City Contract No. C / - //5 Resolution No. > - 602,1