HomeMy WebLinkAboutHall and Gilliland PLLC - Appellate Representation of Indigent DefendantsCITY OF YAKIMA
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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
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Contract.
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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.
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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.
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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
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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:
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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
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-?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
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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
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whether written • oral, heretofore had between the •. hereto are merged in this Agreeme
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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
•
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DATED this _LUR day of 2023.
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CITY OF YAKIMA APPELLATE S TI
PROVIDER
t
y y
Robert Har® .
City Manager
129 North 2nd Street o aj, I ®
Yakima,A 991
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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.
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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.