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HomeMy WebLinkAboutHall and Gilliland PLLC - Appellate Representation of Indigent DefendantsCITY OF YAKIMA "A Ali Aal U-41A&A "1111 THIS AGREEMENT, made and entered into thisajday of June, 2023, by and betwe Hall and Gilliland of Yakima, Washington, hereinafter the "Appellate Representation Provider and the CITY OF YAKIMA, a municipal corporation, hereinafter referred to as the "City." I WHEREAS, the Appellate Representation Provider is an attorney or a firm of attorne licensed to practice law in the State of Washington, with offices at I I I I West Yakima Avenu Yakima, WA 98902, and; I] WHEREAS, the parties hereto are desirous of effectuating an agreement whereby tim Appellate Representation Provider will provide appellate representation for indigent appellanS and other eligible persons in the Yakima Municipal Court and its various departments; no therefore, I 1 Duties. The Appellate Representation Provider shall provide as assigned high - conviction for misdemeanor and/or gross -misdemeanor crime(s) occurring within the City of Yakima and processed by the City of Yakima Municipal Court. 3. Insurance. Without limiting the Appellate Representation Provider's indemnification, it is agreed that the Appellate Representation Provider shall maintain in force, at all times during the performance of this Agreement, a policy or policies of insurance covering its operation as described below. A. Professional Liability Insurance The Appellate Representation Provider shall provide evidence of Professional Liability insurance covering professional errors and omissions. Appellate Representation Provider shall provide the City with a certificate of insurance as proof of professional liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per claim combined single limit bodily injury and property damage, and One Million Dollars ($1,000,000.00) aggregate. The certificate shall clearly state who the rovider is the covera e amount the: I" er and when the olici and v KU'A 1.3 Eli I tj w nim Equis w I V-D I I Um a MSIM In I IM If rill 1 6 . Contract. imrl= = I RM 1 1 shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of • Million Dollars111 1i1.11 per occurrence,• f f single limit bodily injury f property damage, and Two MillionD• Ili` 111 1'1 general aggregate; provided, ftirther, that Appellate Representation Provider shall also include coverage on hired and non -owned automobiles with a minimum limit of One Hundred Thousand Dollars ($100,000.00) per occurrence and a One Hundred Thousand Dollar 11 Ilill Appellate Representation Provider uses any withoutprivately owned vehicles for transportation of clients. If Appellate Representation Provider carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as iureds ` and shall contain a clause that the insurer will not cancel or change the insurance giving the City prior written notice.be contract.with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Appellate Representation Provider is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Appellate Representation Provider under this C. Employer's Liability (to ) AppellateRepresentationProvider anf all subcontractor(s)at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain rryer's Liability insurance with a limit of no 01111011. The City shall not be held responsible in any way for claims filed by Appellate Representation Provider or its employees for services performed under the terms of this Contract. Appellate Representation Provider agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Appellate Representation Provider is res►• r to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Appellate Representation Provider's liability or responsibility. t—rommanias-provi tf= e ity agrees Appenate Kepresenta =i ae 1 1 Lj �KlOf LO e7M7'TfT =I Agreement with the proof of coverage which satisfies Appellate Representation Provider's obligation under this Agreement. 4. �ipegifie -Duties. The Appellate Representation Provider shall provide servic necessary or incidental to the performance of the work set forth in the APPELLAT REPRESENTATION PROVIDER - STATEMENT OF WORK - EXHIBIT A. Currently, unless otherwise agreed, this representation is solely for RAU appeal in the case of City v. Fra Milligan: YKM 2AO596413. ro -rep-tv- -LAW or sooner terminated as provided herein. The period of performance may also be extended mutual written agreement of the parties. Should the Appellate Representation Provider elect to r 111M atil, for additional service at least 30 days before the expiration date. I 6. Compensation. In return for the above -enumerated services, the Appellaj Representation Provider shall receive compensation as follows: IW� 111i A—V I 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 $3,000.00. The above maximum amount does not include any transcription costs and thos(-.. amounts shall be paid by the City upon proper billing by the attorney for thos4 costs. The aforementioned amounts shall be payable when billed to the City. The bill shall include a breakdown of the hourly service provided and shall be submitted to: Assistant to the City Manager City Manager, Mayor, and Council office 129 No. 2 d Street Yakima, WA 98901 7. Tnn"gfign The City shall, 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. A ppellate Representation Provider on behalf of indigent clients covered by this Agreement upon `F- -?pplication and approval of the court. 9. Assigg" . The Appellate Representation Provider shall not assign, transfer, or subcontract this Agreement• obtaining prior written approval fr• ` 10. Successors Round. This Agreement shall be binding upon and inure to the benefit *f the parties hereto, their successors,and Appellate . Representation r •, fwill provide the aforementioned services in conformity with all applicable Rules of Profession' Conduct and will provide the Municipal Court and the City with any reports, fiscal or otherwis - which are reasonably required in the performance of the Municipal Court's and the City responsibilities. The Appellate Representation Provider agrees to attend training approved by t - Washington Office of Public Defense at least once per calendar year, as the same may be by RCW 10.101.050 and 10.101.060as nowexists or may be subsequently amended. 12. T"es and Assessments. The Appellate Representation Provider shall be solell responsible for compensating its employees and for paying all related taxes, deductions arV assessments, including but not limited to, leasehold excise taxes, federal income tax, FICA, soci security tax, assessments for unemploymentand industrialand other deductions fro In the event the City is assessed a tax or assessment as a result of this Agreement, the ��ppellaire harmless from.• out of the same. 13. tndtpeudgnt C�nfragjqr. The parties agree that the Appellate Representati Provider is an independent contractor with the responsibility and authority to control and dire the performance of the details of the work described herein in accordance with the terms conditions of this Agreement. The implementationof • ` • activities and the results to r achieved are solely the responsibility of the Appellate Representation Provider. No age employee, subcontractor, or representative of the Appellate Representation Provider shall deemed to be an employee, agent, servant, or representative of the City or the Municipal Court f, any purpose, and the employees, agents, subcontractor, or representative of the Appella, - Representation Provider are not entitled to any of the benefits the City provides for its employee The Appellate Representation Provider will be solely and entirely responsible for his or her ac and for the acts of his or her agents, employees, subcontractors, or otherwise, during If- • _ of this Agreement. 14. Indemni-q. The Appellate Representation Provider hereby agrees to release, indemnify, protect, defend and save harmless the City and its 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, directl i or indirectli, out of the o I eration of this A reement caused or contributed thereto b the the City or its elected or appointed officials, agents, volunteers, or employees for injury to person corporation, and/or property arising from and to the extent attributable to the negligence of t n t City and its elected or appointed officials, employees, volunteers, and agents. In case of suit action brought against the City and/or its elected or appointed officials, agents, volunteers, employees for damages arising out of or by reason of acts of the Appellate Representati Provider, the Appellate Representation Provider agrees to pay all costs of defense, includi reasonable attorney's fees and any judgment resulting therefrom all in proportion to Appellal Representation Provider's negligence. 15. Nondiscrimination. The Appellate Representation Provider shall not • • the basis • race, creed, color, national origin, • physical, mental, • sensory handicap in t performance • this • I 16. Teirtnination. Either party may terminate this Agreement, with or without caus upon ninety (90) days written notice sent by certified mail to the other party at the address list in this Agreement. However, the City may not terminate representation in the case discussed paragraph 4 above absent good cause except as discussed herein. I 17. Governing "w. This Agreement has been and shall be construed as having be," made and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washingt both as to interpretation and performance. I 18. Venue. Any action at law, suit in equity, orjudicial proceeding for the enforceme-M • for Yakima • Yakima, Washington. 19. It is understood and agreed that all understandings and agreemen "r whether written • oral, heretofore had between the •. hereto are merged in this Agreeme t t 6] statement or representation not embodied in this Agreement, made by the other, and that t Agreement may not be changed except by an instrument in writing signed by both parties. 20. Witiver of 13ftath. A waiver by either party hereto of a breach • the other •. 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 • -w* DATED this _LUR day of 2023. M CITY OF YAKIMA APPELLATE S TI PROVIDER t y y Robert Har® . City Manager 129 North 2nd Street o aj, I ® Yakima,A 991 M 10.14 ON I 1 :1 V I . APPELLATE REPRESENTATION PROVIDER CONTRACTOR DUTIES AND RESPONSIBILITIES — The Appellate Representation Provider shall provide high quality indigent appellate representation in the cases assigned to it by the Yakima Municipal Court. The representation shall be provided in a professional and skilled manner and shall be in compliance with the Rules of Appellate Procedure, the Rules for Appeal of Decisions in Courts of Limited Jurisdiction, and the Washington State Rules of Professional Conduct as well as all applicable case law, statutes regulations, and all other applicable court rules defining the duties of counsel and the rights of defendants in criminal appellate cases. The Appellate Representation Provider's primary and most fundamental responsibility is to promote and protect the best interests of the client. A. Maintain a law office with a suitable client interview facility. The Appellate Representation Provider will provide adequate phone lines, computers, postage, office equipment, office supplies, office furniture and legal research tools to maintain a smooth running and efficient law office. 111t. Receive notices of appointment for indigent appellants each court day or d-s necessary. Set up and maintain files on each assigned appellant. I C. Establish and maintain client contact, keep the client informed of the progress of the appeal. �01-j I, I r4l was') V "a I al I I galkyj Fiji ug VA a I tq g I Mriff=401=00EMMA41 I MUM Me KNOMMUSilikyj I W Al log K A. The Appellate Representation Provider shall respond in writing to complaints addressed to the City. B. The Appellate Representation Provider shall immediately notify the City of Yakima in writing when it becomes aware that a complaint lodged with the Washington State Bar Association has resulted in reprimand, suspension, or disbarment.