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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. Aaoficant 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. Twentv-Four Hour Telephone Access. On or before February 1, 2011, 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 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 (5300,000.00). The Attorneys shall file written proof of the
insurance policies with the City.
6. indemnMeadom 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.
7. Comnensadom The City shall pay each Attorney for services rendered, under this Contract, the sum of
$4,000.00 per month, for a total of $96,000.00 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 4
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 ease. 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 third 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 UnavallabUtiy. 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 tern of this Contract.
12. No Assienment 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' Confila 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. Stadstles Due on April 15, 2011; July 15, 2011; October 15, 2011; January 15, 2012, April 15, 2012; July
15, 2012; October 14, 2012; and January 16, 2013, 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 or jury 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. 2009-07, 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,
2011, the Attorneys shall submit an affidavit to the City Treasurer stating that Attorneys are in compliance
with such standards.
15. Specific Duties of Attorney&
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 4
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 �ID
appearances f pri o thg time that each case is set for trial or hearing.
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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, 2011 and continue through December 31, 2012. This will automatically renew on
an annual basis, unless terminated as set forth herein.
17. Termination.
a. Election of CUY., 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. The Attorneys are obligated complete all cases assigned prior to the date of
termination of this Contract. The Attorneys shall make reasonable efforts to fulfill this
obligation.
18. Exoert Witness Fees. Request s for expert witness fees shall be made to ex parte motion. If the court
authorizes the expense, Attorneys are free to retain and expert of their choosing. Attorneys shall
submit an itemized voucher to the court for reimbursement.
19. 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.
20. Sayings 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.
21. 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 Attorney Nicholas A. Yedinak
Law Office of Tony DiTammaso, P.S. Kottkamp & Yedinak, PLLC -To
23 South Wenatchee Avenue, Suite 205 P O Box 1667
Wenatchee WA 98801 Wenatchee WA 98807
Nic Gerde, City Treasurer
City of East Wenatchee
271 Ninth St NE
Public Defender Contract
Page 3 of
East Wenatchee WA 98802
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 attomy's fees and costs. In the event of litigation regarding any of
the terns 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. Govertinr 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.
DEFENDERPUBLIC
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ATTEST:
Public Defender Contract
Page 4 of 4
PUBLIC DEFENDER
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ADDENDUM TO
CITY OF EAST WENATCHEE
PUBLIC DEFENDER CONTRACT
As authorized by paragraph 19 of the Public Defender Contract, the parties
mutually agree to amend the contract as follows:
23. Service of Process Costs. In addition to other compensation, the City will pay
Attorneys $500 ($250 to DiTommaso and $250 to Yedinak) each year to help
Attorneys offset the costs they may incur for service -of -process fees. Payment is due
on March 1 each year.
PUBLIC DEFENDER
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ATTEST:
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Dana Barnard, City Clerk
PUBLIC DEFENDER
�olas A. Yedinak
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