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HomeMy WebLinkAbout3286 RESOLUTION NO. 3 2 8 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY. WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW CONTRACT BE'FWEEN THE CITY OF AUBURN AND THE PUBLIC DEFENDER TUTTLE-MCCRUMB, PLLC WHICH NEW CONTRACT REPLACES THE EXISTING CONTRACT. WHEREAS, the City of Auburn, recognizes the value in retaining the services of a public defender law firm over a three year period of time; and WHEREAS, The City of Auburn recognizes the need to reduce the cost of public defense by utilizing a flat fee rate schedule as opposed to the "fee per case" arrangement contained in the present contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: Section 1. The City of Auburn hereby authorizes the Mayor and City Clerk to execute the new contract between the City and Tuttle-McCrumb, PLLC, which is attached hereto as Exhibit "A" and incorporated herein by this reference, which will take effect immediately upon execution by both parties and which will replace and supersede the contract approved by Resolution No. 3132 on December 6, 1999 presently in effect. The new contract hereby approved for execution is a "flat fee" contract and its terms and provisions are effective from January 1, 2000 through December 31, 2002. Resolution 3286 November 7, 2000 Page I Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 2~ ~ day of November, 2000. CHARLES A. BOOTH MAYOR ATTEST: Danieli~kam~ City Clerk APPROVED AS TO FORM: M 'lc "//~~ n ol~ds, City Attorney Resolution 3286 November 7, 2000 Page 2 PUBLIC DEFENSE. SERVICES CONTRACT CITY OF AUBURN, WASHINGTON JANUARY 1, 2000 - DECEMBER 31, 2002 THIS AGREEMENT made and entered into by the City of Auburn, hereinafter referred to as "CITY", and Tuttle McCrumb, P.L.L.C., Attorneys at Law, hereinafter referred to as "PUBLIC DEFENDER", do hereby agree to the following terms and conditions: I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES: A. General: The CITY shall make public defense services available to all persons who so qualify after application to and approval of the Court or an independent public defense screen or are in custody and directly appointed by the Court. Screening shall be available on a regular basis at or near the CITY'S municipal court. The CITY shall pay the cost of screening services. The CITY shall provide to the PUBLIC DEFENDER, at no cost, copies of all discoverable materials regarding persons qualifying for public defense services and a copy of the Auburn Municipal Code. At the request of the Public Defender, copies of additions and amendments thereto will be provided. B. Screening Procedure: 1. The criteria for appointment of the PUBLIC DEFENDER to represent indigent defendants shall be as follows: (1) the defendant is charged with a criminal offense by the CITY under the Auburn City Code; (2) the offense is one for which a person can be imprisoned; and (3) the defendant qualified financially for PUBLIC DEFENDER services pursuant to court rule and RCW 10.101.005 et. seq. and shows proof of income such as, but not limited to, unemployment benefit compensation, income tax returns, or pay stubs. 2. Screening information shall be confidential and the defendant shall swear or certify under penalty of perjury that the information is true and complete. Upon appointment, the screener shall immediately deliver to the PUBLIC DEFENDER the screener's documents on each case that is assigned. The screener shall be responsible for delivering a letter of introduction, which has been provided by the PUBLIC DEFENDER to every defendant who qualifies for and is appointed to be represented by the PUBLIC DEFENDER. This screener shall obtain the defendant's mailing address and mail the letter of introduction to the defendant if necessary. Resolution 3286, Exhibit A Tuttle-McCrumb, PLLC, Public Defender Contract November 16, 2000 Page 1 C. Reporting Procedures: 1. Screener: The screener shall file a weekly report with the Court which indicates the following: (1) number of defendants interviewed and (2) number of appointments to the PUBLIC DEFENDER. 2. PUBLIC DEFENDER: The PUBLIC DEFENDER shall file monthly reports with the CITY indicating the following: (1) each defendant who has been appointed and a Notice of Appearance was filed; (2) criminal charge(s) and cause number(s) for defendants represented; (3) a Notice of Withdrawal within thirty (30) days of final disposition. Further, the report shall designate whether the defendant was appointed by the Court or by the screener. All reports are due on or before the tenth day of each month following the appointment and filing of the Notice of Appearance. II. RESPONSIBILITIES OF PUBLIC DEFENDER A. The PUBLIC DEFENDER shall be responsible to provide competent professional legal services to the defendants represented. The PUBLIC DEFENDER shall employ and/or associate a sufficient number of attorneys and staff to provide such service. The CITY shall incur no extra cost for the employed and/or associated attorneys and staff. The PUBLIC DEFENDER and each attorney so employed and/or associated shall be an active member in good standing of the Washington State Bar Association. Any attorney employed and/or associated by the PUBLIC DEFENDER who does not have at least three years of experience shall practice under the direct supervision of any attorney who does have three years experience. Such experience shall include at least one-third emphasis on criminal defense. B. Legal interns involved in the representation of defendants in court must have all of their work reviewed and/or countersigned by a supervising attorney. No legal intern shall have sole responsibility for administering and representing any of the defendants appointed and represented pursuant to the contract herein. C. Case loads of the PUBLIC DEFENDER and any individual attorneys employed and/or associated therewith should be limited to that level of assignments which allows an attorney to give each defendant's case sufficient time and effort to assure effective representation. All attorneys representing defendants pursuant to the contract herein shall comply with the following: (1) attend at least 15 hours of continuing legal education each year, of which at least seven hours shall be specifically related to criminal defense or trial practice; (2) have regular and routine review of their caseload with a supervising attorney to assure that there is objective monitoring and evaluation of each attorney. Resolution 3286, Exhibit A Tuttle-McCrumb, PLLC. Public Defender Contract November 16, 2000 Page 2 III. SERVICES PROVIDED BY THE PUBLIC DEFENDER A. Scope of Service: 1. The PUBLIC DEFENDER shall represent each defendant from the date of appointment (or at in custody hearings as the case may be), through sentencing and the first appeal of right pursuant to the RALJ rules. In the event the PUBLIC DEFENDER files an appeal on behalf of a qualified client, the CITY shall pay the PUBLIC DEFENDER an additional Four Hundred Dollars ($400.00) for every case which is appealed and briefed by the PUBLIC DEFENDER. The PUBLIC DEFENDER or the CITY may request re-screening of a defendant whose case is on appeal. Appeals shall not be considered new case assignments. 2. Defendant defined: A single individual charged with a maximum of four (4) criminal counts on a maximum of two criminal citations arising out of the same general course of conduct over a short period of time. Example: a single person charged with three (3) different Driving While License Suspended charges would be counted as three (3) separate clients because the charges necessarily took place at separate times. However, a single individual charged with Reckless Driving, DUI, Hit and Run (Attended) and Driving While License Suspended arising out of one event (on two citations) would be counted as one client. 3 The PUBLIC DEFENDER may associate or employ additional or different attorneys to represent defendants at no extra cost to the CITY. Upon discovery of any conflict with the representation of a specific defendant by the PUBLIC DEFENDER, the PUBLIC DEFENDER shall immediately inform the CITY, the court and the defendant in writing of the conflict by issuing a Notice of Intent to Withdraw. Only a partner in the PUBLIC DEFENDER'S firm will be permitted to make the final decision regarding whether a conflict exists. 4. Upon receiving notice of a conflict of interest and agreeing thereto, it will be the CITY'S financial responsibility to pay alternative counsel to represent the defendant. However, if the CITY contests the Notice of Intent to Withdraw, then the CITY shall immediately file a note for motion regarding the propriety of the withdrawal and request that the court notify the defendant and the PUBLIC DEFENDER of the date, time and nature of the hearing. All parties shall be bound by the court's ruling or any appeal therefrom. 5. Office appointments for the defendants appointed to the PUBLIC DEFENDER should be made available at least during regular business hours of 8:00 a.m. until 5:00 p.m. Monday through Friday. Office appointments should be made available within a reasonable distance from the municipal courthouse and Resolution 3286, Exhibit A Tuttle-McCrumb, PLLC. Public Defender Contract November 16, 2000 Page 3 on or near a public transportation service route. Appointments shall be available at the courthouse for defendants who are otherwise unable to obtain transportation to the PUBLIC DEFENDER'S office. · Local non-service charge phone service throughout the municipality shall be available as well as toll free and collect phone service from the CITY jail and the King County jails. 6. The PUBLIC DEFENDER will make every effort to coordinate cases with city prosecutors at least once per week, in advance of upcoming court dates. 7. The PUBLIC DEFENDER will be available for all calendars pursuant to the will of the court. 8. Twenty-four hour emergency phone service or pager service shall be provided through the CITY Police Department for emergency phone contact with the PUBLIC DEFENDER as required by statute, case law and applicable court rule in municipal misdemeanor cases. 9. The PUBLIC DEFENDER shall provide to the screener for dissemination to every represented defendant a letter in plain, simple and concise language outlining the defendant's responsibilities with regard to the attorney-client relationship. 10. The PUBLIC DEFENDER shall institute and maintain a procedure to review defendants' complaints. Complaints, which are not immediately resolved by the PUBLIC DEFENDER, shall be referred to the Washington State Bar Association and/or the court. IV. COMPENSATION Compensation for public defense services for the year 2000 shall be One Hundred Forty-four Thousand Dollars ($144,000.00) for the entire year, paid in monthly installments of Twelve Thousand Dollars ($12,000.00). Reconciliation will be made from January 1, 2000 to the effective date of this agreement to adjust the differences between this agreement and amounts previously paid under the original contract. For the years 2001 and 2002, a flat rate of One Hundred Forty-four Thousand Dollars ($144,000.00) per year as provided above will be paid. Pursuant to regular CITY policy regarding payment for services rendered, the CITY shall make payment to the PUBLIC DEFENDER on the first day following the first CITY Council meeting following the timely submittal by the PUBLIC DEFENDER of a report pursuant to Section I (C)(2) herein for the preceding month. Resolution 3286, Exhibit A Tuttle-McCrumb, PLLC. Public Defender Contract November 16, 2000 Page 4 V. TERM OF CONTRACT 1. The term of this contract shall be from January 1, 2000 through the last day of December 2002. 2. It is the intent of the CITY and the PUBLIC DEFENDER to create and ensure, if possible, continuity of future public defense services for the CITY. Therefore, on or before August 15, 2002, the CITY and PUBLIC DEFENDER shall meet to mutually explore the extension of the term of this contract upon mutually agreeable terms and conditions; Provided, this agreement to discuss extension of the term of this contract does not constitute a binding commitment or option to extend the term on the part of either the CITY or the PUBLIC DEFENDER. VI. POLICY AGAINST DISCRIMINATION The PUBLIC DEFENDER shall not discriminate in employment practices on the basis of race, creed, color, age, disability, religion, sex or sexual orientation. The PUBLIC DEFENDER should comply with all local, state, and federal laws regarding discrimination. VII. PUBLIC DEFENSE STANDARDS The PUBLIC DEFENDER shall comply with the Rules of Professional Conduct. The PUBLIC DEFENDER shall comply with the CITY of Auburn Standards for Public Defense a adopted by the CITY on December 18, 1989 pursuant to Resolution 2014. VIII. INSURANCE AND INDEMNIFICATION A. The PUBLIC DEFENDER shall secure and maintain a policy of comprehensive professional liability insurance. If a claim is in excess of the policy limits, then TU'I'!'LE-MCCRUMB, PLLC and Darol Tuttle, P.S. shall indemnify the City of Auburn from any liability. The Public Defender does hereby defend, indemnify and hold the CITY, its elected officials, officers and employees harmless from any and all claims, losses or liability, including attorneys fees arising out of any issues which may arise due to the fact that the liability insurer is not licensed to do business in the State of Washington. Further, TUTTLE-MCCRUMB, PLLC., and Darol Tuttle, P.S. further agree that should any claims be submitted or filed against them which are not covered by professional liability insurance, TUTTLE-MCCRUMB, PLLC and Darol Tuttle, Resolution 3286, Exhibit A Tuttle-McCrumb, PLLC. Public Defender Contract November 16, 2000 Page 5 P.S. and jointly and severably may be sued to recover amounts of all claims together with any attorneys fees and costs. Further, Donna McCrumb and Darol Tuttle, agree, that should any claims be submitted or filed against the Public Defender, which are not covered by their respective insurance policies, then they may be sued to recover amount of all claims. The required professional liability policy shall have limits of not less than One Million Dollars ($1,000,000.00). Written proof of the insurance policy shall be filed with the CITY at the inception of this contract, and again no later than August 1, 2001 for the period of time between September 1, 2001 through December 31, 2002. Failure to present timely proof of insurance will be grounds for immediate termination of this contract. B. The PUBLIC DEFENDER also shall provide the CITY with proof of insurance for "tail coverage", no later than December 1, 2002. The purpose of "tail coverage" insurance is to provide insurance coverage for all claims that might arise during the term of this entire agreement. C. If for any reason, the PUBLIC DEFENDER loses its comprehensive professional liability insurance coverage, the PUBLIC DEFENDER must immediately notify the City Clerk. D. The PUBLIC DEFENDER shall defend, indemnify and hold the CITY, its elected officials, officers and employees harmless from any and all claims, loses or liability, including attorneys fees, arising out of the PUBLIC DEFENDER'S performance or 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 PUBLIC DEFENDER, and its legal associates or employees, and occurring without the fault or neglect of the CITY. IX. TERMINATION OF CONTRACT A. Grounds for Immediate Termination. The City retains the right to immediately terminate this contract in the event either of the following incidents occur: 1. Failure to provide timely proof of comprehensive professional liability insurance due at any of the times required herein. 2. Loss of comprehensive professional liability insurance coverage regardless of the reason therefor. Resolution 3286, Exhibit A Tuttle-McCrurnb, PLLC, Public Defender Contract November 16, 2000 Page 6 B. Additionally, either the CITY or the PUBLIC DEFENDER may terminate this contract in the event of the following: 1. Any other breach of this contract; or 2. Violation of the Rules of Professional Conduct; or 3. Good and Sufficient Cause. Such termination under this subpart is effective only if the party terminating the contract has been provided written notice of the deficiency to the second party, and the deficiency is not corrected in a timely manner to the reasonable satisfaction of the first party. Written notice of termination under IX (B) shall be given by the party terminating this contract to the other not less than sixty (60) days prior to the effective date of the termination. C. In the event of termination or upon completion of the contract, the following conditions apply: (1) the PUBLIC DEFENDER shall be relieved of any further responsibility for receiving new case assignments under this contract; (2) the PUBLIC DEFENDER will continue to represent those defendants assigned prior to the date of termination and who have a trial date set and shall complete representation in all such cases; Provided that, after termination or completion of the contract pursuant to court rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may withdraw from any case as permitted by court rule. DATED this ,~d ~ of~~.J-/-,~, 2000. day CITY OF AUBURN Charles A. Booth Mayor Resolution 3286, Exhibit A Tuttle-McCrumb, PLLC, Public Defender Contract November 16, 2000 Page 7 ATTEST: Daniejle E. Daskam City Clerk APPROVED AS TO FORM: Michael Reynolds City Attorney TUTTLE-MCCRUMB, PLLC Att(~rney at/aw~' Donna McCrumb Attorney at Law Resolution 3286, Exhibit A Tuttle-Mc'Crumb, PLLC. Public Defender Contract November 16, 2000 Page 8 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this J.~ day ,200~, before me, the undersigned, a Notary Public in and for tState of~ashington, personally appeared DAROL TUTTLE and DONNA , to me known to be partners in TUTTLE- MCCRUMB, PLLC, the corporation who executed the within and foregoing instrument and acknowledged the execution of said instrument to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. i1 _ ' r ~/~ ~OTARy ~ ~ NOTARY PUBLIC in and forthe ",~'~~ expires: Resolution 3286, Exhibit A Tuttle-McCrumb, PLLC. Public Defender Contract November 16, 2000 Page 9