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HomeMy WebLinkAbout2691 oat 1 RESOLUTION NO. 2 6 9 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR PUBLIC DEFENSE SERVICES FOR 1996-1997 BETWEEN THE 4 CITY AND TIMOTHY A JENKINS, ATTORNEY AT LAW 5 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 8 Section 1. The Mayor and City Clerk of the City of 9 Auburn, Washington are herewith authorized to execute a Contract for Public Defense Services for 1996-1997 between the 10 City and TIMOTHY A JENKINS, Attorney at Law A copy of said 11 Contract is attached hereto, denominated as Exhibit "A" , and 12 made a part hereof as though set forth in full herein 13 Section 2 . The Mayor is hereby authorized to implement 14 such administrative procedures as may be necessary to carry 15 out the directives of this legislation 16 17 DATED this 18th day of December, 1995 18 CITY OF AUBURN 19 20 21 �►ut � R491 22 CHARLES A BOOTH MAYOR 23 24 25 26 Resolution No. 2564 October 12, 1994 Page I 1 2 ATTEST 3 4 NCB (/ 0 J00411/1.(/ 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM 9 I 10 11 Michael J Reynolds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2564 October 12, 1994 Page 2 ORIGINAL 1 PUBLIC DEFENSE SERVICES CONTRACT 2 CITY OF AUBURN, WASHINGTON 3 JANUARY 1, 1996 — DECEMBER 31, 1997 4 Pursuant to the Request For Proposal On Public Defense 5 Services issued by the City of Auburn, hereinafter referred to 6 as "CITY", Timothy A Jenkins, Attorney at Law, hereinafter 7 referred to as "PUBLIC DEFENDER", herein agrees to the 8 following terms and conditions 9 I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES 10 A. GENERAL 11 The CITY shall make public defense services available to 12 all persons who so qualify after application to and approval 13 of the Court or an independent public defense screener 14 Screening shall be available on a regular basis at or near the 15 CITY' S Municipal Court The costs of screening services shall 16 be paid by the CITY The CITY shall provide to the PUBLIC 17 DEFENDER, at no cost, copies of all discoverable materials 18 regarding persons qualifying for public defense services and 19 of the Auburn Municipal Code with all additions and amendments 20 thereto 21 22 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit "A" December 11, 1995 (pd-tj96) Page 1 1 B. SCREENING PROCEDURE 2 1 The criteria for appointment of the PUBLIC DEFENDER 3 to represent indigent defendants shall be as follows (1) The 4 defendant is charged with a criminal offense by the CITY under 5 the Auburn City Code; (2) The offense is one for which a 6 person can be imprisoned, and (3) The defendant qualifies 7 financially for public defender services pursuant to Court 8 rule and RCW 10 100 010 et seq 9 2 Screening information shall be confidential and the 10 defendant shall swear or certify under penalty of perjury that 11 the information provided to the screener is true and complete 12 Upon appointment, the screener shall immediately deliver to 13 the PUBLIC DEFENDER the screener ' s documents on each case that 14 is assigned The screener shall be responsible for delivering 15 a letter of introduction which has been provided by the PUBLIC 16 DEFENDER to every defendant who qualifies for and is appointed 17 to be represented by the PUBLIC DEFENDER The screener shall 18 obtain the defendant ' s mailing address and mail the letter of 19 introduction to the defendant, if necessary 20 21 22 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No 2691 Exhibit "A" December 11 1995 {pd-tj96) Page 2 1 C. REPORTING PROCEDURES 2 1 SCREENER The screener shall file a weekly 3 report with the Court which indicates the following (1) 4 Number of defendants interviewed; and (2) Number of 5 appointments to the PUBLIC DEFENDER 6 2 PUBLIC DEFENDER The PUBLIC DEFENDER shall file 7 monthly reports with the CITY indicating the following (1) 8 Each defendant who has been appointed and a Notice of 9 Appearance filed; (2) Criminal charge (s) and cause number (s) 10 of defendants represented Further, the report shall 11 designate whether the defendant was appointed by the Court or 12 by the screener All reports should be due on or before the 13 tenth day of the month following the appointment and filing of 14 the Notice of Appearance 15 II. QUALIFICATION OF PUBLIC DEFENDER 16 A The PUBLIC DEFENDER shall be responsible to provide 17 effective legal services to the defendants represented The 18 PUBLIC DEFENDER shall employ and/or associate a sufficient 19 number of attorneys and staff to provide such service The 20 CITY shall incur no extra cost for the employed and/or 21 associated attorneys The PUBLIC DEFENDER and each attorney 22 so employed and/or associated shall be an active member in 23 24 25 26 Public Defense-Timothy A Jenkins Resolution Na 2691 Exhibit "A" December II, 1995 (pd-ti96) Page 3 1 good standing of the Washington State Bar Association Any 2 attorney employed and/or associated by the PUBLIC DEFENDER who 3 does not have at least five years of experience shall practice 4 under the supervision of an attorney who does have five years 5 experience Such experience shall include at least one-third 6 emphasis of criminal defense 7 B Legal interns involved in the representation of 8 defendants in Court must have all of their work reviewed 9 and/or countersigned by a supervising attorney A legal 10 intern shall appear in Court with their supervising attorney 11 until they have obtained sufficient training and knowledge 12 No legal intern shall have responsibility for administering 13 and representing all of the defendants appointed and 14 represented pursuant to the Contract herein 15 C Case loads of the PUBLIC DEFENDER and any individual 16 attorneys employed and/or associated therewith should be 17 limited to that level of assignments which allows an attorney 18 to give each defendant' s case sufficient time and effort to 19 assure effective representation All attorneys representing 20 defendants pursuant to the Contract herein shall comply with 21 the following (1) Attend at least fifteen hours of 22 continuing legal education each year, of which at least seven 23 24 25 26 Public Defense-Tintolhc A. Jenkins Resolution No. 2691 Exhibit "A" December 11 1995 (pd-tj96) Page 4 1 hours shall be specifically related to criminal defense or 2 trial practice; (2) Have regular and routine review of their 3 caseload with a supervising attorney to assure that there is 4 objective monitoring and evaluation of each attorney In 5 addition, the PUBLIC DEFENDER shall provide each attorney with 6 in-house legal education regarding issues specifically related 7 to the defense of defendants in criminal proceedings. 8 III. SERVICES PROVIDED BY THE PUBLIC DEFENDER 9 A. SCOPE OF SERVICE 10 1. The PUBLIC DEFENDER shall represent each defendant 11 from the date of appointment through sentencing and the first 12 appeal of right pursuant to the RALJ rules If no appeal is 13 filed within 30 days after sentencing, the PUBLIC DEFENDER'S 14 responsibility for that case shall end If further services 15 are required, the defendant shall be rescreened The PUBLIC 16 DEFENDER or the CITY may request rescreening of a defendant 17 whose case is on appeal Appeals shall not be considered new 18 case assignments 19 1 A. DEFENDANT defined A single individual charged with 20 a maximum of four (4) criminal counts on a maximum of two (2) 21 criminal citations arising out of the same general course of 22' conduct over a short period of time Example: A single 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit"A" December 11, 1995 (pd-tj96) Page 5 1 person charged with three (3) different Driving While License 2 Suspended charges would be counted as three (3) separate 3 clients because the charges necessarily took place at separate 4 times. However, a single individual charged with Reckless 5 Driving, DUI, Hit and Run (Attended) and Driving While License 6 Suspended arising out of one event (on two citations) would be 7 counted as one client 8 1 B. RECOUNTING The Public Defender can recount a 9 previously billed client after a substantial period of time, 10 four months, have passed since Public Defender withdrawal, 11 from a given case 12 2 The PUBLIC DEFENDER may associate or employ 13 additional or different attorneys to represent defendants at 14 no extra cost to the CITY Upon discovery of any conflict 15 with the representation of a specific defendant by the PUBLIC 16 DEFENDER, the PUBLIC DEFENDER shall inform the CITY, the Court 17 and the defendant in writing of the conflict by issuing a 18 Notice of Intent to Withdraw. Upon receiving notice of a 19 conflict and agreeing thereto, it will be the CITY 'S financial 20 responsibility to pay alternative counsel to represent the 21 defendant. However, if the CITY contests the Notice of Intent 22 to Withdraw, then the CITY shall immediately file a note for 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit"A" December 11, 1995 {pd-t196) Page 6 1 motion regarding the propriety of the withdrawal and request 2 that the Court notify the defendant and the PUBLIC DEFENDER of 3 the date, time and nature of the hearing All parties will be 4 bound by the Court' s ruling or any appeal therefrom. 5 3 Office appointments for the Defendants with the 6 PUBLIC DEFENDER should be made available at least during 7 regular business hours of 8 00 A.M until 5: 00 P M. Monday 8 through Friday Office appointments should be available 9 within a reasonable distance from the CITY Courthouse and on a 10 public transportation service route Appointments shall be 11 available at the Courthouse for defendants who are otherwise 12 unable to obtain transportation to the PUBLIC DEFENDER'S 13 office Local non-service charge phone service throughout the 14 municipality shall be available as well as toll free and 15 collect phone service from the CITY jail and the King County 16 Jail. 17 4 . Twenty-four hour emergency phone service or pager 18 service number shall be provided through the CITY Police 19 Department for emergency phone contact with the PUBLIC 20 DEFENDER as required by statute, case law and applicable court 21 rule in municipal, misdemeanor cases 22 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit "A" December 11, 1995 (pd-tj96) Page 7 1 5. The PUBLIC DEFENDER shall provide to the screener 2 for dissemination to every represented defendant a letter in 3 plain, simple and concise language outlining the defendant's 4 responsibilities with regard to the attorney-client 5 relationship 6 6. The PUBLIC DEFENDER shall apply to the Court for 7 expert witnesses fees, translative, investigative, 8 psychological, and social services whenever the same is 9 necessary to the defense of an individual defendant's case 10 The above-mentioned services will be paid for, either 11 partially or wholly, by the CITY in a prompt manner as the 12 Court may order. Where allowed by law, the PUBLIC DEFENDER 13 may petition the Court to order the CITY to pay for the costs 14 of a defendant' s treatment and the CITY will pay for such 15 treatment in a prompt manner as may be ordered by the Court. 16 7 . The PUBLIC DEFENDER shall institute and maintain a 17 procedure to review defendant' s complaints. Complaints which 18 are not immediately resolved by the PUBLIC DEFENDER shall be 19 referred to the Washington State Bar Association and/or the 20 Court. 21 22 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit "A" December 11, 1995 {pd-tj96) Page 8 1 IV. COMPENSATION 2 Compensation for public defense services shall be paid at 3 a monthly rate of Nine Thousand Four Hundred Sixteen Dollars 4 And Sixty-six Cents ($9, 416 66) In the event the number of 5 defendants assigned to and represented by the PUBLIC DEFENDER 6 exceeds a total of Thirteen Hundred (1300) for the term of 7 this Contract, the PUBLIC DEFENDER shall be paid Eighty-Five 8 Dollars And No Cents ($85 00) per defendant so represented 9 above such total number of defendants; or, in the alternative, 10 the CITY has the option to request renegotiation of this 11 Section. 12 Pursuant to regular CITY policy regarding payment for 13 services rendered, the CITY shall make payment to the PUBLIC 14 DEFENDER on the first day following the first CITY Council 15 meeting following the timely submittal by the PUBLIC DEFENDER 16 of a report pursuant to Section I (C) (2) herein for the 17 preceding month. 18 V. TERM OF CONTRACT 19 1 The term of this Contract shall commence on the 20 first day of January, 1996 and be in effect through the last 21 day of December, 1996; Provided, however, the CITY 22 understands that the PUBLIC DEFENDER is only able to provide 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit"A" December 11, 1995 (pd-tj96) Page 9 1 the service at the above-referenced rate due to the economies 2 of scale resulting from handling all of the public defense 3 work for the CITY. 4 2 . It is the intent of the CITY and the PUBLIC DEFENDER 5 to create and ensure, if possible, continuity of future public 6 defense services for the CITY Therefore, on or before August 7 15, 1996, the CITY and PUBLIC DEFENDER shall meet to mutually 8 explore the extension of the term of this Contract upon 9 mutually agreeable terms and conditions; Provided, this 10 agreement to discuss extension of the term of this Contract 11 does not constitute a binding commitment or option to extend 12 the term on the part of either the CITY or the PUBLIC 13 DEFENDER 14 VI POLICY AGAINST DISCRIMINATION 1S The PUBLIC DEFENDER shall not discriminate in employment 16 practices on the basis of race, creed, color, age, disability, 17 religion, sex or sexual orientation The PUBLIC DEFENDER 18 should comply with all local, state and federal laws regarding 19 discrimination 20 VII. PUBLIC DEFENSE STANDARDS 21 The PUBLIC DEFENDER shall comply with the Rules of 22 Professional Conduct The PUBLIC DEFENDER shall comply with 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit"A" December 11, 1995 {pd-tj96 Page 10 1 the City of Auburn Standards for Public Defense as adopted by 2 the City on December 18 , 1989 pursuant to Resolution NO 2014 3 VII INSURANCE AND INDEMNIFICATION 4 A. The PUBLIC DEFENDER shall secure and maintain a 5 policy of comprehensive professional liability insurance with 6 an insurance company licensed to do business in the State of 7 Washington. Said policy shall have limits of not less than 8 One Million Dollars ($1, 000 , 000 00) written proof of the 9 insurance policy shall be filed with the CITY 10 B. The PUBLIC DEFENDER shall defend, indemnify and hold 11 the CITY, its elected officials, officers and employees 12 harmless from any and all claims, losses or liability, 13 including attorney' s fees, arising out of the PUBLIC 14 DEFENDER' S performance of obligations pursuant to this 15 Contract, including claims arising by reason of accident, 16 injury or death caused to persons or property of any kind 17 occurring by the fault or neglect of the PUBLIC DEFENDER, and 18 its legal associates or employees, and occurring without the 19 fault or neglect of the CITY 20 IX. TERMINATION OF CONTRACT 21 A. Either the CITY or the PUBLIC DEFENDER may terminate 22 this Contract in the event of the following: 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit "A" December 11, 1995 (pd-tj96) Page 11 1 (1) Breach of contract; or 2 (2) Violation of the Rules of Professional Conduct; or 3 (3) Good and sufficient cause. B. Such termination is effective only if the party 4 terminating the Contract has provided written notice of the 5 deficiency to the other party and such deficiency is not 6 corrected in a timely manner to the reasonable satisfaction of 7 the first party 8 C Written notice of termination shall be given by the 9 party terminating this Contract to the other not less than 10 sixty (60) days prior to the effective date of the 11 termination. 12 C. In the event of termination or upon completion of 13 the Contract, the following conditions apply (1) The PUBLIC 14 DEFENDER shall be relieved of any further responsibility for 15 receiving new case assignments under this CONTRACT; (2) The 16 PUBLIC DEFENDER will continue to represent those defendants 17 assigned prior to the date of termination and who have a trial 18 date set and shall complete all such cases; Provided that, 19 after termination or completion of the Contract and pursuant 20 to the Court rules and the Rules of Professional Conduct, the 21 PUBLIC DEFENDER may withdraw from any case as permitted by 22 Court rule. 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit"A" December 11, 1995 {pd-tj96) Page 12 1 DATED THIS )9 Say of December, 1995 2 3 CITY OF AUBURN 4 ektee (W CHARLES A BOOTH 7 MAYOR 8 9 ATTEST 10 11 12 01-g(-/rte l/011-41/6 J Robin Wohlhueter, 13 City Clerk 14 15 APPROVED AS TO FORM 16 .../kfilju � 18 17 Michael J Reynolds, City Attorney 19 20 21 22 23 24 25 26 Public Defense-Timothy A. Jenkins Resolution No. 2691 Exhibit "A" December 11. 1995 (pd-ti96) Page 13 1 PUBLIC DEFENDER 2 3 ■ 4 TIMOT,'Y A. -ENKIN 5 itt.. ney a . Law 6 7 8 STATE OF WASHINGTON ) ) ss 9 COUNTY OF KING 10 On this 12th day of December , 199 5 , before me, the undersigned, a Notary Public in and for the State of 11 Washington, personally appeared TIMOTHY A JENKINS, to me known to be the individual described in and who executed the 12 within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes 13 therein mentioned 14 GIVEN UNDER my hand and official seal the date hereinabove set forth 15 16 o�ttttt nt••••. As,. ��, PEN B� �'• •17 4.•`� . 6ti Et;:Cy''i, tic,/ �0 paw %\ �. JERRENE BEACH 18 E _*_ 3 NO ' 'RY PUBLIC in and for the State of t N: PABUC :2p^ashington, residing at King County. 19 "4,p 9 , rbl��,� ••.�1,`•p,***tagoe MY COMMISSION expires 03/09/99 20 # 21 22 23 24 25 26 Public Defense-Tlmothh A Jenkins Resolution No. 2691 Exhibit "A" December 11 1995 ;pd-ti96} Page 14 ACORD CERTIFICATE OF LIABILITY INSURANCE iATE(i3%9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SEABURY & SMITH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 720 Olive Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1212 COMPANIES AFFORDING COVERAGE Seattle, WA 98101-3890 COMPANY A Great American Ins. Companies INSURED COMPANY Timothy A Jenkins B 201 South Division COMPANY Suite A C Auburn, WA 98001 COMPANY D cCtVEaA Es THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/yy) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE E COMMERCIAL GENERAL LJMILITY PRODUCTS•COMP/OP AGG S CLAIMS MADE OCCUR PERSONAL&ADV INJURY S OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE UMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per acciaenq PROPERTY DAMAGE S GARAGE UABIUTY AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY- EACH ACCIDENT S AGGREGATE S EXCESS UABIUTY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S TORY UMTITS I PET- - WORI(ERS COMPENSATION AND " EMPLOYERS'LIABILITY EL EACH ACCIDENT S THE PROPRIETOR/ INCA_ EL DISEASE POLICY UMIT S PARTNERS/EXECUTIVE — OFFICEPS ARE: IXCL EL DISEASE-EA EMPLOYEE S OTHER A PROF LIABILITY TPL 9-24-85-46 12/15/95 12/15/96 $1, 000, 000 EACH CLAIM $1, 000, 000 AGGREGATE DESCRIPTION OF OPERATI ONS/LOCATIONS/VEHICLES/SPECIAL ITEMS EVIDENCE OF PROFESSIONAL LIABILITY INSURANCE 4011FOTE-4$OF,[?kEL, :CQ[ICEI.(,Rl'I.ON.. SHOULD ANY OF 714E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF AUBURN 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 25 WEST MAIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY AUBURN, WA 98001 OF ANY KIND UPON THE COMPANI ITS AGENTS OR REPRESENTATIVES AUTHORIZED R PRESENTATIV .. .:................................. c96 9 MILL 2- .24'3 / CITY OF AUBURN INTEROFFICE MEMORANDUM TO Brenda Kennedy, Personnel Director , FROM Robin Wohlhueter, City Clerk ■ , -1/ SUBJECT Resolution No. 2691 Contract for Public Defense Services for 1996-97 between the City and Timothy A. Jenkins DATE. January 2, 1996 The Auburn City Council adopted Resolution No 2691 at the December 18th City Council meeting. This resolution authorizes the execution of a Contract for Public Defense Services for 1996-1997 between the City and Timothy A. Jenkins, Attorney at Law Attached is a copy of Resolution No 2691 together with a fully executed original Contract to be forwarded to Mr Jenkins. Please note that Article VII.A of the Contract requires that the Public Defender shall secure and maintain a comprehensive professional liability insurance policy in the amount of not less than $1,000,000 00, and written proof of the policy shall be filed with the City Please have Mr Jenkins provide an original certificate of insurance for filing with Resolution No 2691 If you have any questions, please contact me at 3037 cc: Mike Reynolds, City Attorney File. A312.5 f\clerk\cont\RES2691 CHARLES A B001II,MAYOR L AUBURN CITY ATTORNEY Judith Michael 1 Rccnnlds Cu p Al lornc� I� 25 West Main, Auburn WA 98001-4998 Judah C Ausman. ASVSIdnI Co Annum Karen C Gullner, Proscwtor (206) 931-3030 Admit o� STATE OF WASHINGTON) ss COUNTY OF KING I , Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2691 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2691 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 18th day of December, 1995 Witness my hand and the seal of the City of Auburn this 16th day of February, 1996 &ML ( gaitita-&c-- Robin Wohl ueter City Clerk City of Auburn