HomeMy WebLinkAbout2002-01-01 - 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, hereinafter
referred to as the "City," and Eric J. Guinan of the Law Office of David M. Bohr, and Nicholas A. Yedinak of
Kottkamp and Yedinak, PLLC, hereinafter referred to as "Attorneys."
1. &Qae pf 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. BppAmt Screenin& 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 appointed counsel, the Attorneys shall withdraw from the case and so advise the Court and the City of
the withdrawal and the reason therefore.
3. Twen&-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 the
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. Progf pf Professional Liahilily 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. Indemnication, 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 waive immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to employees and agree 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, their officers, agents, and employees.
7. Compensation, The City shall pay each Attorney for services rendered, under this Contract, the sum of
One Thousand Five Hundred Dollars ($1,500.00) per month, for a total of Thirty -Six Thousand Dollars
($36,000.00) per year for case assignments. This amount shall include all appeals for Municipal Court to
Superior Court. Payment shall be made by the City within thirty (30) days of receipt of the Attorneys'
billings.
8. Discol= 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 Attorneys' 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 as the
Attorneys are once again available. It shall be the Attorneys' responsibility to coordinate with any
Attorneys on such list to ensure their availability, especially 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 copies of the East Wenatchee Municipal Code,
and any amendments thereto adopted during the term of this Contract.
11. No Assignment gfSubcontracts. 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 15, 2002; July 15, 2002; October 15, 2002;
and January 15, 2003.
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 Treasurer stating that Attorneys are in compliance with
such standards. The affidavit shall be submitted on or before April 15, 2002.
15. Uecik Duties ofAttornevs.
a. Attorneys shall use their best efforts to provide proper legal representation and advice in the best
interest of the person 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 when required for their office consultations.
16. Terms gf This Contract Provisions of Services pursuant to this Contract shall commence at 12 a.m.
on January 1, 2002. This Contract shall remain in force through December 31, 2002, until 12:00
midnight, unless terminated as set forth herein.
17. Termination.
a. Election gf City: The City may terminate this Contract without the necessity of
substantiating cause by providing Attorneys with thirty (30) days written notice.
b. By AttornCm 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 the Contract to the other not less than thirty (30) days prior to the date of
termination.
d. Cases: The Attorneys shall complete all cases assigned prior to the date of termination of
this Contract.
18. Entire Agmment. 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
Law Office of David M. Bohr
P O Box 2686
Wenatchee WA 98807
Linda J. Countryman, City Treasurer
City of East Wenatchee
271 Ninth St NE
East Wenatchee WA 98802
Attorney Nicholas A. Yedinak
Kottkamp & Yedinak, PLLC
P O Box 1667
Wenatchee WA 98807
21. Attorneys 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 attorneys' 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 attorneys' 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 (Y r day of , 200J.
PUBLIC DEFENDER
Eric J. G ' an, tomey-at-Law
ATTEST:
Imp
PUBLIC DEFENDER
Nicholas edinak, Attorney -at -Law