HomeMy WebLinkAboutTroy Lee & Associates - Appellate Representation of Indigent DefendantsCITY OFYAKIMA
APPELLATE REPRESENTATION
OFINDIGENT DEFENDANTS
THIS AGREEMENT. ni�Ae and entered into this of V L 2023, by
and between t
�,.atCj& Washing on Vereinafter the
"Appellate Re� Provider", and the CITY OF YAKIMA, a municipal corporation,
hereinafter referred to as the "City."
WHEREAS, the Appellate Representation Provider is an attorney or firm of attorneys
I sed to . practice law in the State of Washington, with offices at
and;
.
WHEREAS, the parties hereto are desirous of effectuating an agreement whereby the
Appellate Representation Provider will provide appellate representation for indigent appellants
and other eligible persons in the `/aNrna Municipal Court and its various departments; now,
therefore,
IT IS HEREBY mutually agreed as follows:
1. Duties. The Appellate Representation | provide as assigned high -
quality appellate representation for indigent appellants seeking review of a final decision
including conviction for misdemeanor and/or gross -misdemeanor ohmns(s) mcouninQ within the
City oyYakima and processed bythe City ofYakima Municipal Court.
2. |nthe event that representation of an appellant creates
a conflict of interest, such that the assigned Appellate Representation Provider cannot represent
the appellant, the Appellate Representation Provide[ shall immediately notify the City of the
3. Insurance. Without limiting the Appellate Representation Provider's
indenlniOnatimn, it is agreed that the Appellate Representation Provider mhmU maintain in foroe,
at all times during the performance of this Aonaement, a policy or policies of insurance covering
its operation esdescribed below,
A. Professional Liability Insurance
The /\uoeU8te Representation Provider shall maintain or ensure that its professional
employees maintain professional liability insurance for any and all aoh; which occur
during the omun;m of their arnp|oyrnmnt with the 8ppeUsdm Representation Provider which
constitute professional services in the performance of this Agreement. For purposes of
this Agreement, professional services shall mean any services provided by m licensed
professional.
Such professional|iabi|dx|naunanceohaUbenoaintaimedinanannountno¢|esothanOnm
Million Dollars ($1.000.000) combined single limit Per claim/aggregate, The Appellate
Representation Provider further agrees that it shall have sole and full responsibility for
the payment of any funds vvhorn such payments are occasioned om|e|y by the
professional negligence of its ennp|nyeam and where such payments are not covered by
any professional liability insurance, including but limited to the amount of the deductible
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under the insurance policy. The Appellate Representation Provider shall not bnrequired
to make any payments for professional liability, if such |iebUdv is occasioned by the sole
negligence ofthe City.
Such insurance shall not be reduced or canceled without thirty ' prior written
notice to the City. If such insurance is obtained on u ^dairna made" basis, the Appellate
Representation Provider will continue to carry coverage for not |eon than three /3\ years
after expiration of this /\greennent, and will provide e certificate in form and content
satisfactory to the City demonstrating such continuing coverage. The Appellate
Representation Provider shall provide certificates of insurance or, upon written request
of the City, duplicates of the policies as evidence of insurance protection.
B. Automobile Insurance
The Appellate Representation Provider shall maintain in force at all times during the term
of this Agreement a policy or policies of insurance covering any automobiles owned.
|eoeed, hinad, borrowed or used by any employee, agent, subcontractor ordesignee of
the Appellate Representation Provider totransport clients pursuant tothis Agreement
with the City.
Such insurance policy or policies shall specifically name the Chv, he elected and
appointed officiaks, ernp|myoao, vo|untoors, and agents as additional insureds. Said
insurance coverage shall be primary insurance with respect to the City, and any
inourence, noAard|aoa of the /orrn, maintained by the City shall be in excess of any
insurance coverage which the Appellate Representation Provider is required tomaintain
pursuant tothis Agreement.
Automobile liability as stated herein ahmU be maintained at Two Million Dollars
($2,000,000) combined single limit per accident for bodily injury and property damage.
C. General Liability Insurance
The Appellate Representation Provider mhoU maintain continuously public liability
insurance with limits of liability not |ooa than Two Million Dollars /$2.000.000A for each
oncurmsnce, personal injury, and/or property damage liability.
Such insurance policy or policies shall specifically name the City of Yakima, its elected
and appointed officials, employees, volunteers, and agents as additional insureds. Said
insurance coverage oho|| be primary insurance with respect to the Cdy, and any
insunanne, nagmnd|aon of the form, maintained by the City shall be in excess of any
insurance coverage which the Appellate Representation Provider is required to maintain
pursuant tothis Agreement.
The Appellate Representation Provider shall provide a certificate of insurance or. upon
written request of the City of Yakima, a duplicate of the policy as evidence of insurance
protection. The Appellate Representation Provider shall immediately notify the City of
any nnrnnnunicoUon with their insurance provider canceling or threatening to cancel
insurance coverage under this provision,
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4. The Appellate Representation Provider shall provide services
necessary or incidental to the performance of the work set forth in the APPELLATE
REPRESENTATION PROVIDER - STATEMENT OFWORK - EXHIBIT A,
5, Term.And_Rt�iu,otiation. This Agreement shall terminate on December 31,
2023, unless extended or sooner terminated as provided herein- The period of performance
may also be extended by mutual written agreement of the parties. Should the Appellate
Representation Provider elect to re -negotiate this Agreement for an additional term, he or she
shall submit a proposal for compensation for additional service at least 30 days before the
expiration date,
In return for the above -enumerated services, the Appellate
Representation Provider shall receive compensation as follows:
The Appellate Representation Provider eheU be compensated at the rate of
0100.00 per hour for services rendered relative to appeals plus expenses;
provided that the maximum compensation payable for attorney fees per case
through the superior court level will be$3.00O.8D.
The above maximum amount does not include any transcription costs and those
amounts shall be paid by the city upon proper billing by the attorney for those
costs.
The aforementioned amounts shall be payable when billed tothe City. The bill ehmU include
breakdown of the hourly service provided and shall be submitted to:
Assistant to the City Manager
City Manager, Mayor, and Council office
128 No. 2»vGtnemt
Yakima, \&Y\S08O1
7 The City ohmU, in addition, compensate the Appellate
Representation' Provider for the cost of court record transcription incurred by the Appellate
Representation Provider on behalf of indigent clients covered by this Agreement.
8. Expert Witnesses, Where necessary and appropriate to the representation, the
City shall compensate the Appellate Representation Provider for expert witness fees incurred bv
the Appellate Representation Provider on behalf ofindigent clients covered by this Agreement
upon application and approval cfthe court.
8. ASSig1rinient. The Appellate Representation Provider shall not assign, transfer, or
subcontract this Agreement without obtaining prior written approval from the City.
10This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors, and assigns.
11. Ethic _ Reports, and Traininq. The /\oneUmte Representation
Provider will provide the aforementioned services inconformitywith all applicable Rules of
Professional Conduct and will provide the Municipal Court and the City with any naports, fiscal or
otherwise, which are reasonably required inthe performance ofthe Municipal Court'oand the
Qh/'n-neapqnsibi|idee. An annual report shall be provided by the Appellate Representation
Provider on a form approved by the City manager on or before August 1 of each year. The
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report must include a statement of hours billed for nonpublic defense legal services inthe
previous calendar year, including number and types of private defense omaeo, as the same may
be required by RCVV 10.101.050. as now exists or may be subsequently amended. The
Appellate Representation Provider agrees to attend training approved by the Washington Office
of Public Defense at |oeat once per calendar year, as the same may be required by RCVV
1O.1O1.U50and 1O.1O1.DO0.aenow exists ormay besubsequently amended,
12. Appellate Representation Provider shall be solely
responsible for compensating its employees and for paying all related taxes, deductions and
mooeaomentm, including but not limited to, leasehold excise taxes, federal income tax, F|C/\,
social security tax, assessments for unemployment and industrial injury, and other deductions
from income which maybe required by law orassessed against either party aaaresult ofthis
Agreement, In the event the City is assessed a tax or ooaaoonnent as a result of this
Agreement, the Appellate Representation Provider shall pay the same before it becomes due
and indemnify and hold the City harmless from any liability arising out of the same.
13. | The parties agree that the Appellate Representation
Provider iaan independent contractor with the responsibility and authority tocontrol 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 am|e|y the responsibility of the Appellate Representation Pnovider, No aQant,
ernp|oyae, aubcontr@ctmr, or representative of the Appellate Representation Provider nhm|( be
deemed to be an mnnp|myee, aQent, oervan1, or mapnmmantabvm of the City or the Municipal Court
for any purpmoe, and the mnmp|oyeeo, mQanto, oubcontracto,, or representative of the Appellate
Representation Provider are not entitled to any of the benefits the City provides for its
employees. The Appellate Representation Provider will be solely and entirely responsible for
his or her acts and for the acts of his or her aQentn, ernp|oyeee, ouboontnactors, or otherwise,
during the performance ofthis Agreement.
14. . The Aoom||a1a Representation Provider hereby mQrmeo to release,
indemnify, . defend and amva harmless the City and its elected and appointed officials,
employees, vo|unteers, and agents from all o|aims, actione, or darnaQaa of any kind and
description which may occur to or be suffered by any person or pmroonm, corporad|mn, or
property ar|e|nQ, directly or ind|noct|y, out of the operation of this AAraement, caused or
contributed thereto by the Appellate Representation Provider or his or her employees or
subcontractors. Provided, hmvvever, that nothing herein shall be deemed to require the
Appellate Representation Provider to indemnify the City or its elected or appointed ofhoim|e,
ogento, xm|untmern, or employees for injury to persons, corporaUun, and/or property arising from
and to the extent attributable to the negligence of the City and its elected or appointed offioim|o,
anmp|oyeea, vm|untemro, and agents. In cooa of suit or action brought against the City and/or its
elected or appointed officim|a, agmnte, volunteers, or employees for damages arising out mfmrby
nommon of acts ofthe Appellate Representation Provider. the Appellate Representation Provider
agrees to pay all costs of defansm, including reasonable mdorney'o fees and any judgment
resulting therefrom.
15. Nondiscrimination. The Appellate Representation Provider shall not discriminate
on the basis of race, oreed, co|or, national origin, or 9hyeico|, mnento|, or sensory handicap in the
performance ofthis Agreement.
16. Termination. Either party may terminate this Agreement, with orwithout cause.
upon ninety (90) days written notice sent by certified mail to the other party at the address listed
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17. This Agreement has been and shall beconstrued as having
been made and delivered within the State of Washington, and K 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 aotointerpretation and performance.
18. Venue. Any action atlaw, suit inequity, orjudicial proceedingfor the enforcement
of this Agreement or any provisions thereof, ahoU be instituted and maintained only in the
Superior Court for Yakima County, Yakima, Washington.
19|tkaunders�x»d and agreed that aU understandings
and agreements,
whether written or oral, heretofore had between the parties hereto are merged in this
/\gneernent, which alone fully and completely expresses their agreement, that neither party in
relying upon any statement or representation not embodied in this Aoreemant, made by the
other, and that this Agreement may not be changed except by an instrument in writing signed by
both parties.
20. Wallyer of Breach,. A waiver bveither party hereto of abreach of the other party
hereto of any covenant or condition of this Agreement mhmU not impair the right of the party not
in default to avail itself of any subsequent breach thereof. Lenianoy, delay or failure of either
party to insist upon strict performance of any agnemrnent, covenant or condition of this
/\g[aennerd, or to axevniaa any right herein given in any one or more inu[gnmao, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
DATED this �3—
CITY OF YAK
~
'—_
.~ __-
Robert Harrison
City Manager
12BNorth 2ndStreet
Yakima, WA 98801
City �C0nt|actNo.������
Resolution No.
_�PT__
APPELLATE REPRESENTATION PROVIDER
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|TA
APPELLATE REP
STATE
t
1. APPELLATE REPRESENTATION PROVIDER CONTRACTOR DUTIES AND
RESPONSIBILITIES — The Appellate Representation Provider shall provide high quality
indigent appellate representation in the cases assigned to itbvthe Yakima Municipal
Court. The representation shall be provided in a professional and ahiUmd manner and
ohmU be in compliance with the Rules of Appellate Procedure, the Rules for Appeal of
Decisions in Courts of Limited Jurindiction, and the Washington State Rules of
Professional Conduct as well as all applicable came |mvv, otpduhnm negu|abona, and all
other applicable court rules defining the duties of counsel and the rights of defendants in
criminal appellate omoan. The Appellate Representation Provider's primary and most
fundamental responsibility is to promote and protect the best interests of the client.
2. TASKS—TheAooelata Representation Provider shall perform the following tasks with
regard hoeach case towhich the Appellate Representation Provider kaappointed.
A. Maintain a |axv office with m suitable client inten/|mvv facility. The Am9eUoha
Representation Provider will provide adequate phone |inea, computers, poatage,
offima equipmont, office supplies, office furniture and |eQm| nsoaorch tools to
maintain aemmnth running and efficient law office.
B. Receive notices of appointment for indigent appellants each court day or as
necessary. Set upand maintain files omeach assigned appellant.
C. Establish and maintain client contaot, keep the client informed of the prngnane of
the appeal.
D_Ma|ntain_staff to answer ihe Appellate Representation Provider's,
during regular work hours 0Nondmy-Fhday, on a schedule established by the
Contractor).
E. Maintain continuity of representationatall stages ofocase.
3. COMPLAINTS
A. The Appellate Representation Provider shall respond inwriting to complaints
addressed to the City.
B. The Aooe|aba Representation Provider shall immediately notify the City of
Yakima in vvhUnQ when it becomes aware that a complaint lodged with the
Washington State Bar Association has resulted in rephmnand, auapansion, or
disbarment.
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