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HomeMy WebLinkAbout1998-01-01 - Kottkamp Yedinak PLLC - General Agreements / General Service AgreementsCITY OF EAST WENATCHEE PUBLIC DEFENDER CONTRACT This contract is entered into by and between the City of East Wenatchee, a municipal corporation, herein referred to as the "City," and Eric J. Guinan of the Law Office of David M. Bohr, and Nicholas A. Yedinak of Estes and Yedinak, hereinafter referred to as "Attorneys." 1. Scope of Services. All indigent criminal defendants charged under ordinances of the City who qualify for appointed counsel shall be referred to the Attorneys. The Attorneys shall provide legal representation for each of these defendants, from the time of screening for eligibility through trial and sentencing and the filing of a notice of appeal to the Superior Court. 2. Applicant Screening. Determinations of indigency for eligibility for appointed counsel under this contract shall be determined by an independent screening process established by the Court. The Court shall be responsible for handling the screening process. Should the Attorneys determine a defendant is not eligible for assigned counsel, the Attorneys shall withdraw from the case and so advise the Court and the City of the withdrawal and the reason therefore. 3. Twenty-four (24) Hour Telephone Access, The Attorneys shall provide to the City Police Department the telephone number or numbers at which the Attorneys can be reached for "critical stage" advice to defendants during the course of police investigations and/or arrest twenty-four (24) hours each day. 4. Associated Counsel. Any counsel associated with or employed by the Attorneys shall have the authority to perform the services called for herein, the Attorneys may employ associated counsel to assist at Attorneys' expense. The Attorneys and all associated counsel or attorneys hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. 5. Proof of Professional Liability Insurance. During the term of this contract and any extensions thereof the Attorneys shall secure and maintain policies of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington. Said policies shall have limits of not less than Three Hundred Thousand Dollars ($300,000.00). Written proof of the insurance policies shall be filed with the City. 6. Indemnification. The Attorneys shall indemnify and hold the City, its elected officials, officers and employees harmless from any and all claims, losses or liability, including Attorneys' fees, whatsoever arising out of the Attorneys' performance of obligations pursuant to this contract, including claims arising by reason of accident, injury or death caused to persons or property of any kind occurring by the fault or neglect of the Attorneys, their agents, associates, or employees, or occurring without the fault or neglect of the City. With respect to the performance of this agreement and as to claims against the City, its officers, agents and employees, the Attorneys expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Attorneys. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Attorneys, its officers, agents, and employees. y9^Ol-d( 7. Compensation. The City shall pay each Attorney for services rendered, under this contract, the sum of Twelve Hundred Dollars ($1200.00) per month, for a total of Twenty- eight Thousand Eight Hundred Dollars ($28800.00) per year for case assignments. This amount shall include all appeals from Municipal Court to Superior Court. Payment shall be made by the City within thirty (30) days of receipt of the Attorneys' billings. 8. Discovery Provided. The City shall provide to the Attorneys at no cost to the Attorneys or the defendant one copy of all discoverable material concerning each assigned case. Such material shall include, when relevant, a copy of the abstract of the defendant's driving record. 9. Attorneys Unavailability. In the event the Attorneys are unavailable due to illness, vacation or other events beyond the Attorney's reasonable control, the Attorneys will supply the City with a list of Attorneys, in the Wenatchee/East Wenatchee area who are willing to serve as appointed counsel until such time the Attorneys are once again available. It shall be the Attorney's responsibility to coordinate with any Attorneys on such list to ensure their availability, especial for twenty-four (24) hour access as provided by paragraph three herein, during the Attorneys' absence or periods of unavailability. 10. Code Provided. The City shall provide the Attorneys with a copy of the East Wenatchee Municipal Code, and any amendments thereto adopted during the term of this contract. 11. No Assignment of Subcontracts. Except as herein provided, no assignment or transfer of this contract, nor of any interest in this contract shall be made by either of the parties, without prior written consent. 12. Attorneys' Conflict. In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorneys cannot represent the defendant, said defendant shall be referred back to the City for further assignment, to another attorney to be paid by the City of East Wenatchee. 13. Statistics. The Attorneys shall provide statistics for all cases assigned. The statistics shall include: (1) name of client; (2) case number; (3) charge; (4) disposition (plea, bench or jury trial); (5) whether an appeal was filed. The Attorneys shall provide the statistics quarterly, on April 10, 1998; July 10, 1998, October 10, 1998; and January 10, 1999. 14. Standards For Public Defense Services. Attorneys shall comply with the Standards for Public Defense Services, as adopted by the City Council for the City in Resolution No. 89- 7 on September 5, 1989, a copy of said resolution is attached as Exhibit "A" and is incorporated herein as if fully set forth herein. Attorneys shall also submit an affidavit to the City Clerk stating that Attorneys is in compliance with such standards. The affidavit shall be submitted on or before April 10, 1998. 15. Specific Duties of Attorneys A. Attorneys shall use their best efforts to provide proper legal representation and advice in the best interest of the person for they are appointed at all stages of court proceedings for which he/she is appointed, and shall perform all normal and appropriate duties of legal counsel in such capacity. B. Attorneys shall maintain an office and telephone number for the purpose of receiving notice of appointments, for consultations with appointed persons, and for carrying out the duties of Attorneys hereunder, and shall keep the Court and City notified of any changes of office or telephone number. The Attorneys shall provide the City Police Department with a twenty-four (24) hour telephone number, where defendants can reach the Attorneys or their designee as provided in paragraph three above. C. Attorneys shall use their best efforts to make arrangements for prompt consultation with appointed persons and shall meet with the appointed person as soon as practicable in order to provide legal representations and to assist the City in efficient court and docket administration. D. Attorneys shall complete all plea bargaining and all paperwork needed for trial or court appearances forty-eight (48) hours prior to the time that each case is set for trial, or hearing. E. Attorneys shall provide an interpreter where required for their office consultations. 16. Terms of This Contract. Provisions of Services pursuant to this contract shall commence at 12 a.m. on January 1, 1998. This contract shall remain in force through December 31, 1998, until 12:00 midnight, unless terminated as set forth herein. 17. Termination, A. Election of City: The City may terminate this Contract without the necessity of substantiating cause by providing Attorneys with thirty (30) days written notice. B. By Attorneys for Cause: Attorneys may terminate this contract in the event the City fails to perform its obligations as described in this Contract, and if such failure has not been corrected to the reasonable satisfaction of the Attorneys in a timely manner or the City has not made reasonable efforts to correct such failure, after thirty (30) days written notice of such breach has been provided to the City. C. Notice: Written notice of termination pursuant to this Section 17 shall be given by the party terminating this Contract to the other not less than thirty (30) days prior to the date of termination. D. The Attorneys shall complete all cases assigned prior to the date of termination of this Contract. 18. Entire Agreement. This Contract contains the entire agreement between the parties and may not be enlarged, modified or altered except in writing, signed by the parties, and endorsed hereon. 19. Savings Clause. Nothing in this Agreement shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement, and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring within legal requirements. 20. Notices. Any notice shall be effective if personally served on the other party or if mailed by registered or certified mail, return receipt requested, to the following addresses: Attorney Eric J. Guinan Attorney Nicholas A. Yedinak Law Office of David M. Bohr Estes & Yedinak P. O. Box 2686 505 No. Wenatchee Ave. Wenatchee WA 98807 Wenatchee, WA 98801 City Clerk/Treasurer City of East Wenatchee 271 Ninth St. NE Wenatchee, WA 98802 N 21. Attorney's Fees and Costs. In the event it is necessary for either party to utilize the services of any attorneys to enforce any of the terms of this Agreement, such enforcing party shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any of the terms of this Agreement, the substantially prevailing party shall be entitled, in addition to other relief, to reimbursement of its reasonable attorney's fees and costs. 22. Governing Law, This Agreement will be governed by the laws of the State of Washington and venue for any action arising from this Agreement shall be in Chelan/Douglas County, Washington. DATED this % day of 1997 PUBLIC DEFENDER PUBLIC DEFENDER j A ric . Gu' an, Attorney at Law Nichola OedinnakAttorney at Law CITY OF EAST WENATCHEE Mayor Dawn Collings ATTEST: City Clerk/Treasurer