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HomeMy WebLinkAbout2009-01-01 - Kottkamp Yedinak PLLC - General Agreements / General Service Agreements4DG9 CITY OF EAST WENATCHEE PUBLIC DEFENDER CONTRACT This Contract is entered into by and between the City of East Wenatchee ("City"), a municipal corporation, and Tony DiTammaso and Nicholas A. Yedinak of Kottkamp and Yedinak, PLLC ("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. Using an independent screening process, the East Wenatchee Municipal Court ("Court") shall determine indigency for eligibility for appointed counsel under this Contract. 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 Hour Telephone Access. On or before March 1, 2009, the Attorneys shall provide the City Police Department with the telephone number or numbers at which the Attorneys and Associated Counsel can be reached for "critical stage" advice to defendants during the course of police investigations and/or arrest twenty-four 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 hived 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). The Attorneys shall file written proof of the insurance policies with the City. 6. Indemnifrcadon. 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 Contract 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. Compensation. The City shall pay each Attorney for services rendered, under this Contract, the sum of $3,500.00 per month, for a total of $84,000.00 per year for case assignments. This amount shall include the filing of an appeal for Municipal Court to Superior Court. The City shall make payment within thirty days of receipt of the Attorneys' billings. Public Defender Contract Page 1 of 5 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. The Attorneys agree that the City may provide these materials electronically. Such material shall include, when relevant, a copy of the abstract of the defendant's driving record. 9. Criminal History Record Information. As allowed by RCW 10.97.060(5), for each assigned case assigned, the City will provide the defendant's criminal history record information to the Attorneys. The criminal history record may contain non -conviction data. The City and the Attorneys believe that this information will help the City and the Attorneys provide high quality service in the administration of criminal justice. Attorneys agree to limit their use of the criminal history record information for the sole purpose of representing their client in an assigned case. Attorneys further agree that they will not disseminate the criminal history record information to any thud parties and agree to insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations. 10. 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 hour access as provided by paragraph three herein, during the Attorneys' absence or periods of unavailability. 11. 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. 12. No Assirnment 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. 13. 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. 14. Statistics. Due on April 15, 2009; July 15, 2009; October 14, 2009; and January 16, 2010, the Attorneys shall provide the City with quarterly statistics for all cases assigned. The statistics shall include: (1) name of client; (2) case number; (3) charge; (4) disposition (plea, bench orjury trial); (5) whether an appeal was filed; and (6) hours spent on case. 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. On or before April 15, 2009, the Attorneys shall submit an affidavit to the City Treasurer stating that Attorneys are in compliance with such standards. 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 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 hour telephone number, where defendants can reach the Attorneys or their designee as provided in paragraph three above. Public Defender Contract Page 2 of 5 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. ATTcw 1w d. Attorneys shallYomplete all plea bargaining and all paperwork needed for trial or court / appearances forty-eight 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 12:01 a.m. on January 1, 2009. This Contract shall remain in force through December 31, 2009, 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 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 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 days prior to the date of termination. d. Cases: f titis6extFaet- 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 Contract 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 Contract, and any statute, law, public regulation, or ordinance, the latter shall prevail, but in such event, the provisions of this Contract 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 Tony DiTammaso Law Office of Tony DiTammaso, P.S. 23 South Wenatchee Avenue, Suite 205 Wenatchee WA 98801 Nic Gerde, 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. 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 Contract, such enforcing party shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any of Public Defender Contract Page 3 of 5 the terms of this Contract, the substantially prevailing party shall be entitled, in addition to other relief, to reimbursement of its reasonable attorney's fees and costs. 22. Governinr Law. The laws of the State of Washington govern this Contract. Venue for any action arising from this Contract shall be in Chelan/Douglas County, Washington. Public Defender Contract Page 4 of 5 DATED this oeday of PUBLIC DEFENDER Tony DiTammaso CITY OF EAST WEN C. Lacy, Mayor ATTEST: 2&u µw. Dana Barnard, City Clerk Public Defender Contract Page 5 of 5 2009. PUBLIC DEFENDER DATED this _ day of 2009. PUBLIC DEFENDER PUBLIC DEFENDER Ai T DiT 'maso Nicholas A. Yedinak CITY OF Mayor ATTEST: &VWI�4L ana Barnard, City Clerk Public Defender Contract Page 5 of 5