HomeMy WebLinkAboutResolution 2025-60 Prosecuting Attorney Services_Kyle Hoffman PLLCCity of East Wenatchee, Washington Resolution No. 2025-60
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an agreement between the City of East Wenatchee and Kyle Hoffman Law, PLLC to provide general criminal prosecution and related legal services to the City.
1. Alternate Format. a. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). b. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Authority a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an agreement that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution beconies effective inimediately.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this 2nd day of December, 2025.
CITY OF EAST WENATCHEE,
WASHINGTON
By Q^/Ad^ j^ft^J^^
Jerri^a Crawford, JVIayor
ATTEST:
Anna Laura Leon, City Clerk
Approved as to form only:
^^
Bob Siderius, City Attorney
Filed with the City Clerk:
Passed by the City Council^
Effective Date:
11-24-2025
12-02-2025
12-02-2025
AGREEMENT FOR CITY ATTORNEY SERVICES
THIS AGREEMENT is between the City of East Wenatchee (the "City") and Kyle
Hoffman Law PLLC (the “Law Firm”).
WHEREAS, RCW 35A.12.020 and EWC 2.16.010 authorizes the Mayor to appoint a City
Attorney; and
WHEREAS, the Mayor has appointed Kyle F. Hoffman, a member of the Law Firm, as an
Assistant City Attorney; and
WHEREAS, the Parties desire to document their agreements regarding the provision of
legal services by the Law Firm.
1.Provision of Attorney Services.
a. General. Beginning January 1, 2026, Law Firm will perform and
act as an attorney for the City to provide general criminal prosecution and related legal services to
City. Without limiting the generality of the foregoing, such services will include, without
limitation, serving as attorney for City at the municipal court level for the prosecution of criminal
and infraction cases within the jurisdiction of the East Wenatchee Municipal Court. Law Firm
will provide all necessary offices, equipment and support staff needed to provide these services.
Law Firm shall report to the Mayor, or her/his designee, and shall provide other
services relating to prosecution as follows:
(i)Consulting with the City police department for consideration of appropriate
charging decisions and referrals to Superior Court;
(ii)Coordinating felony decline cases with the Douglas County Prosecutor’s
office to enable a handoff between entities.
(iii)Advising the City police department, as requested, on the conduct of
investigations, property seizures, warrants and other issues as may be
requested by City’s Police Department.
b.Special City Attorney. Nothing in this section prevents Law Firm
and the City Council from agreeing to retain and utilize the services of a special city attorney to
assist Law Firm or the City in in special or unique cases.
c.Standard of Performance. Law Firm and its employees, contractors
and agents, will provide the Attorney Services with the same skill and care ordinarily exercised by
members of Law Firm’s profession.
EXHIBIT A
d. Compliance with Laws. Law Firm will comply with all federal,
state and municipal laws, rule and regulations that apply to the providing of the Attorney Services.
e. Personnel Performing Attorney Services. While the Attorney
Services may be performed by any Washington licensed attorney employed or contracted by Law
Firm, it is intended that Kyle F. Hoffman be the primary attorney responsible for communicating
with the City and providing the Attorney Services. At the time of this agreement there is no
secondary contact. In the event that the Law Firm anticipates that will provide services under this
Agreement through attorneys other than Kyle Hoffman, Law Firm shall notify the Mayor and
obtain the Mayor's prior approval for use of the secondary attorney to provide services under this
Agreement.
F. Reporting. Law Firm shall provide information on the disposition
of specific cases upon request. Additionally, Law Firm shall provide the Mayor with general
information regarding the number of cases currently pending upon request.
2. Manner of Performance of Legal Services and Communications.
Transmission of Attorney Work Product may be by electronic e-mail. All attorney work product
for outside distribution will be provided to the City in a timely manner for review and approval
prior to distribution. Outside distribution shall mean any production to members of the public but
shall not include production of work product to the Court, defense attorneys or others in the normal
course of providing Attorney Services. Law Firm will promote and protect the public interest over
individual interests.
3. Compensation, Billing and Payment. The City will pay the Law Firm as
follows for providing the Attorney Services:
a. Fees. As compensation for providing criminal prosecution and
infraction prosecution City Attorney Services, the Law Firm will be paid $12,345.00 per month,
with services beginning January 1, 2026. Preparation for Jury trials shall be included in the
$12,345.00. In the event the City requires appeal work, the City shall pay the Law Firm $162.00
an hour.
b. Reimbursement of Costs. Besides the payment for Attorney
Services, City will reimburse Law Firm for all out-of-pocket costs it incurs, including filing fees,
court costs, and related litigation expenses. Law Firm will not charge for routine and ordinary
telephone charges and postage charges.
c. Billing and Payment. The City shall pay Law Firm the flat rate
amount of $12,345.00 per month. Law Firm shall invoice City at the beginning of each month for
services to be rendered during that month. City shall process the invoice for payment mid-month.
Time spent by Law Firm in preparing for and attending jury trials will be separately itemized and
billed monthly and submitted to City by the 15th day each month with City’s payment due within
30 days of the date that the billing is received.
EXHIBIT A
d. Charge-through of Attorney’s standard rate. The attorneys in Law
Firm have standard rates for legal services higher than the rates in section 3(a). At those times
where the Attorney Services are incurred for third party’s benefit, or where the Municipal Code or
other law provides that City’s costs are to be reimbursed by a third party, or where a contract with
a third party provides that City’s costs are to be reimbursed by a third party, the rates will be at the
standard rate for the attorney performing those Attorney Services. The parties will determine the
best method of tracking, billing, collection and payment for Attorney Services provided under this
circumstance based on the Law Firm’s standard rates for legal services.
4. Conflicts of Interest. Law Firm has an independent law practice and
regularly performs legal services for clients other than City. Law Firm will not perform legal
services for clients which would constitute a conflict of interest or an ethical violation as defined
in the Rules of Professional Conduct established by the Washington State Supreme Court without
a written waiver from the City. If a conflict of interest arises where Law Firm cannot represent the
City on a matter, City may retain such other legal counsel the City deems appropriate.
5. Discrimination. Law Firm will not discriminate against any employee or
other applicant for employment or any other person in providing services required under this
agreement because of race, creed, color, national origin, marital status, sex, gender, age, or
physical, mental or sensory handicap, unless a bona fide occupational qualification exists.
6. Termination. Either party may terminate this Agreement without cause, by
providing written notice of 90 days to the other party.
7. Term. This Agreement is effective January 1, 2026 and expires on
December 31, 2026. This Agreement will automatically renew for one-year period terms
beginning upon the expiration date of the then-current term unless either party notifies the other
party in writing at least 60 days prior to the expiration date of that term that the Agreement will
not be extended. If the Agreement is not extended, the Law Firm will complete work in progress
under mutually acceptable terms. If the parties cannot agree on terms for completing work in
progress, the Law Firm will provide all unfinished documents, reports, or other material to City
and City will pay the Law Firm for all work completed.
8. Professional Liability Insurance. Law Firm will secure and maintain a
policy of professional liability insurance with an insurance company licensed to do business in the
State of Washington with limits of no less than $1,000,000. Proof of insurance will be provided to
the City upon the City’s request.
9. Indemnification. For this paragraph a party will include their respective
officials, officers, employees and agents. The parties will indemnify one another as follows:
a. Mutual Indemnification. The parties will indemnify and hold each
other harmless from all claims, losses or liability, including attorneys’ fees, including claims
arising by accident, injury or death caused to persons or property of any kind proximately caused
by the willful, reckless or negligent act of the other, including their respective officials, officers
and employees. To the extent any of the damages referred to in this paragraph were caused by or
EXHIBIT A
resulted from the concurrent willful, reckless or negligence of the parties, the obligation to
indemnify will be limited for the willful, reckless or negligent act of the party. It is specifically
intended that if the alleged action of the Law Firm is not the sole alleged injury subjecting City to
a claim for damages, Law Firm’s obligation to indemnify will not include the obligation to defend,
but only to hold the City harmless from any judgment that may be entered against City for Law
Firm’s percentage of fault.
b. Indemnification for Acts in Official Capacity. City will indemnify
and hold Law Firm harmless from all claims, losses or liability, including reasonable attorney’s
fees, arising out of Law Firm’s performance of services required under this agreement, including
claims arising by accident, injury or death caused to persons or property of any kind, to the extent
the same are unrelated to any fault or neglect of Law Firm.
10. Independent Contractor. In providing Attorney Services, Law Firm works
independently and without City’s supervision or control. The parties agree that Law Firm is an
independent contractor and is not an employee of City, nor will any actions under this agreement
convert any employee of Law Firm into being an employee of City. City will not be liable for, nor
obligated to pay to Law Firm, contractor or any employee of Law Firm, sick leave, vacation pay,
overtime or any other benefit applicable to employees of City, nor to pay or deduct any social
security, income tax, or other tax from the payments made to Law Firm which may arise as an
incident of the Law Firm performing Attorney Services for City, nor will the City be obligated to
pay industrial insurance for the services rendered by the Law Firm.
11. Ownership of Work Product. All data, materials, reports, memoranda,
and other documents developed by the Law Firm under this Agreement are the property of City
and will be provided to City at its request at no charge to City.
12. Disclosure of Records under the Public Records Act. All of Law Firm’s
writings, as defined in the Public Records Act, RCW 42.56 (the “Act”), associated with this
Agreement and performing this Agreement, whether generated or received by Law Firm
(“Records”), may be public records subject to disclosure under the Act and may also be exempt
from disclosure as being subject to the attorney/client privilege or any other statutory exemption.
a. Maintenance of Records. The Law Firm will maintain all Records
in compliance with local retention schedules and will make the Records available to the City at no
extra charge so City can comply with the City’s obligations under the Act.
b. Potential Exemption of Records under the Attorney/Client privilege.
Upon receiving a request to disclose Records under the Act which Law Firm believes are exempt
from disclosure under the Act by reason of the attorney/client privilege or any statutory exemption,
Law Firm will notify City, who will determine whether City will exercise its right to maintain the
exemption, or waive the attorney/client privilege and/or exemption and disclose the Record.
13. Administration. The administrative contact for the City will be the City
Clerk and for the Law Firm will be Kyle F. Hoffman. Any notices required under this Agreement
will be delivered to the respective party at the respective addresses set forth:
EXHIBIT A
CITY: LAW FIRM:
City Clerk Kyle F. Hoffman
Laura Leon Kyle Hoffman Law PLLC
271 9th Street NE 1250 N. Wenatchee Ave., Ste H 175
East Wenatchee, WA 98802 Wenatchee WA 98801
cityclerk@eastwenatcheewa.gov Kyle@hoffmanlawpllc.org
509-886-6104 509-885-5901
14. Entire Agreement. This Agreement represents the Parties’ entire
integrated agreement and supersedes all prior oral or written negotiations, representations or
agreements. The Parties may modify this Agreement only by a written instrument.
CITY: KYLE HOFFMAN LAW, PLLC:
________________________ _________________________________
Jerrilea Crawford, Mayor Kyle F. Hoffman, Manager
December ___, 2025. December ___, 2025.
EXHIBIT A