HomeMy WebLinkAbout2885 1
RESOLUTION NO 2 8 8 5
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
4 CONTRACT FOR PUBLIC DEFENSE SERVICES FOR 1998-1999 BETWEEN THE
CITY AND JENKINS, HARDY and ASSOCIATES, P L L C
5
6
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
8
9 Section 1. The Mayor and City Clerk of the City of
10 Auburn, Washington are herewith authorized to execute a
11 Contract for Public Defense Services for 1998-1999 between the
12
City and JENKINS, HARDY and ASSOCIATES, P L L C A copy of
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said Contract is attached hereto, denominated as Exhibit "A" ,
14
15 and made a part hereof as though set forth in full herein
16 Section 2 . The Mayor is hereby authorized to implement
17 such administrative procedures as may be necessary to carry
18
out the directives of this legislation
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Resolution No 2885
October 27, 1997
Page 1
1 DATED this 17th day of November, 1997
2
3
4 CITY OF AUBURN
5
6
7 (N 11,QS 1A A42
8 CHARLES A BOOTH
MAYOR
9
10
ATTEST
11
12
13 `1
14 Danielle E Daskam,
15 City Clerk
16
17
18 APPROVED AS TO FORM
19 I r
20 \/
21 \XJN„
Michael J Reynolds,
22 City Attorney
23
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Resolution No 2885
October 27, 1997
Page 2
1 PUBLIC DEFENSE SERVICES CONTRACT
2 CITY OF AUBURN, WASHINGTON
JANUARY 1, 1998 - DECEMBER 31, 1999
3
4 THIS AGREEMENT made and entered into by the City of
5
Auburn, hereinafter referred to as "CITY" , JENKINS, HARDY and
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ASSOCIATES, P L L C , hereinafter referred to as "PUBLIC
7
8 DEFENDER" , herein agrees to the following terms and
9 conditions
10 I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES :
11 A. GENERAL
12 The CITY shall make public defense services available to
13 all persons who so qualify after application to and approval
14
of the Court or an independent public defense screener
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Screening shall be available on a regular basis at or near the
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17 CITY' S Municipal Court The costs of screening services shall
18 be paid by the CITY The CITY shall provide to the PUBLIC
19 DEFENDER, at no cost, copies of all discoverable materials
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regarding persons qualifying for public defense services and
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22 of the Auburn Municipal Code with all additions and amendments
23 thereto
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26
Public Defense-Timothy A. Jenkins
Resolution No. 2885 Exhibit"A"
October 27, 1997 Cpd-tj98)
Page 1
1 B. SCREENING PROCEDURE
2
1 The criteria for appointment of the PUBLIC DEFENDER
3
4 to represent indigent defendants shall be as follows (1) The
5 defendant is charged with a criminal offense by the CITY under
6 the Auburn City Code; (2) The offense is one for which a
7 person can be imprisoned; and (3) The defendant qualifies
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financially for public defender services pursuant to Court
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10 rule and RCW 10 100 010 et sea
11 2 Screening information shall be confidential and the
12 defendant shall swear or certify under penalty of perjury that
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the information provided to the screener is true and complete
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Upon appointment, the screener shall immediately deliver to
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16 the PUBLIC DEFENDER the screener' s documents on each case that
17 is assigned The screener shall be responsible for delivering
18 a letter of introduction which has been provided by the PUBLIC
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DEFENDER to every defendant who qualifies for and is appointed
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to be represented by the PUBLIC DEFENDER The screener shall
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22 obtain the defendant ' s mailing address and mail the letter of
23 introduction to the defendant, if necessary
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Public Defense-Timothy A.Jenkins
Resolution No. 2885 Exhibit "A"
October 27, 1997 (pd-t398)
Page 2
1 REPORTING PROCEDURES
2
1 CREENER The screener shall file a weekly
3
4 report with the Court which indicates the following (1)
5 Number of defendants interviewed; and (2) Number of
6 appointments to the PUBLIC DEFENDER
7 2 PUBLIC DEFENDER The PUBLIC DEFENDER shall file
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monthly reports with the CITY indicating the following (1)
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10 Each defendant who has been appointed and a Notice of
11 Appearance filed; (2) Criminal charge (s) and cause number (s)
12 of defendants represented Further, the report shall
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designate whether the defendant was appointed by the Court or
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by the screener All reports should be due on or before the
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16 tenth day of the month following the appointment and filing of
17 the Notice of Appearance
18 II QUALIFICATION OF PUBLIC DEFENDER
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A The PUBLIC DEFENDER shall be responsible to provide
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effective legal services to the defendants represented The
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22 PUBLIC DEFENDER shall employ and/or associate a sufficient
23 number of attorneys and staff to provide such service The
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Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October 27 1997 (pd-t 1968
Page 3
1 CITY shall incur no extra cost for the employed and/or
2
associated attorneys The PUBLIC DEFENDER and each attorney
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so employed and/or associated shall be an active member in
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5 good standing of the Washington State Bar Association Any
6 attorney employed and/or associated by the PUBLIC DEFENDER who
does not have at least five years of experience shall practice
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under the supervision of an attorney who does have five years
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10 experience Such experience shall include at least one-third
11 emphasis of criminal defense
12 B Legal interns involved in the representation of
13 defendants in Court must have all of their work reviewed
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and/or countersigned by a supervising attorney A legal
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16 intern shall appear in Court with their supervising attorney
17 until they have obtained sufficient training and knowledge
18 No legal intern shall have responsibility for administering
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and representing all of the defendants appointed and
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represented pursuant to the Contract herein
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22 C Case loads of the PUBLIC DEFENDER and any individual
23 attorneys employed and/or associated therewith should be
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Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October 27, 1997 {pd-tj98)
Page 4
1 limited to that level of assignments which allows an attorney
2
to give each defendant ' s case sufficient time and effort to
3
4 assure effective representation All attorneys representing
5 defendants pursuant to the Contract herein shall comply with
6 the following (1) Attend at least fifteen hours of
continuing legal education each year, of which at least seven
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hours shall be specifically related to criminal defense or
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10 trial practice; (2) Have regular and routine review of their
11 caseload with a supervising attorney to assure that there is
12 objective monitoring and evaluation of each attorney In
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addition, the PUBLIC DEFENDER shall provide each attorney with
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in-house legal education regarding issues specifically related
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16 to the defense of defendants in criminal proceedings
17 III. SERVICES PROVIDED BY THE PUBLIC DEFENDER
18 A. SCOPE OF SERVICE
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1 The PUBLIC DEFENDER shall represent each defendant
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from the date of appointment through sentencing and the first
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22 appeal of right pursuant to the RALJ rules If no appeal is
23 filed within 30 days after sentencing, the PUBLIC DEFENDER' S
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Public Defense-Timothy A.Jenkins
Resolution No. 2885 Exhibit"A"
October 27, 1997 (pd-tj968
Page 5
1 responsibility for that case shall end If further services
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are required, the defendant shall be rescreened The PUBLIC
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DEFENDER or the CITY may request rescreening of a defendant
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5 whose case is on appeal Appeals shall not be considered new
6 case assignments
1 A DEFENDANT defined A single individual charged with
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a maximum of four (4) criminal counts on a maximum of two (2)
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10 criminal citations arising out of the same general course of
11 conduct over a short period of time Example A single
12 person charged with three (3) different Driving While License
13 Suspended charges would be counted as three (3) separate
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clients because the charges necessarily took place at separate
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16 times However, a single individual charged with Reckless
17 Driving, DUI , Hit and Run (Attended) and Driving While License
18 Suspended arising out of one event (on two citations) would be
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counted as one client
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1 B RECOUNTING The Public Defender can recount a
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22 previously billed client after a substantial period of time,
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Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October 27, 1997 {pd-tj98)
Page 6
1 four months, have passed since Public Defender withdrawal,
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from a given case
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2 The PUBLIC DEFENDER may associate or employ
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5 additional or different attorneys to represent defendants at
6 no extra cost to the CITY Upon discovery of any conflict
with the representation of a specific defendant by the PUBLIC
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DEFENDER, the PUBLIC DEFENDER shall inform the CITY, the Court
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10 and the defendant in writing of the conflict by issuing a
11 Notice of Intent to Withdraw Upon receiving notice of a
12 conflict and agreeing thereto, it will be the CITY' S financial
13 responsibility to pay alternative counsel to represent the
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defendant However, if the CITY contests the Notice of Intent
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16 to Withdraw, then the CITY shall immediately file a note for
17 motion regarding the propriety of the withdrawal and request
18 that the Court notify the defendant and the PUBLIC DEFENDER of
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the date, time and nature of the hearing All parties will be
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bound by the Court ' s ruling or any appeal therefrom
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22 3 Office appointments for the Defendants with the
23 PUBLIC DEFENDER should be made available at least during
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Public Defense-Timothy A.Jenkins
Resolution No.2885 Exhibit"A"
October27 1997 (pd-tj968
Page 7
1 regular business hours of 8 00 A M until 5 00 P M Monday
2
through Friday Office appointments should be available
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4 within a reasonable distance from the CITY Courthouse and on a
5 public transportation service route Appointments shall be
6 available at the Courthouse for defendants who are otherwise
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unable to obtain transportation to the PUBLIC DEFENDER' S
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office Local non-service charge phone service throughout the
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10 municipality shall be available as well as toll free and
11 collect phone service from the CITY jail and the King County
12 Jail
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4 Twenty-four hour emergency phone service or pager
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service number shall be provided through the CITY Police
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16 Department for emergency phone contact with the PUBLIC
17 DEFENDER as required by statute , case law and applicable court
18 rule in municipal, misdemeanor cases
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5 The PUBLIC DEFENDER shall provide to the screener
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for dissemination to every represented defendant a letter in
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22 plain, simple and concise language outlining the defendant ' s
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Public Defense-Timothy A.Jenkins
Resolution No. 2885 Exhibit"A"
October 27, 1997 {pd-t398)
Page 8
1
responsibilities with regard to the attorney-client
g y client
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relationship
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4 6 The PUBLIC DEFENDER shall apply to the Court for
5 expert witnesses fees, translative, investigative,
6 psychological, and social services whenever the same is
necessary to the defense of an individual defendant ' s case
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The above-mentioned services will be paid for, either
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10 partially or wholly, by the CITY in a prompt manner as the
11 Court may order Where allowed by law, the PUBLIC DEFENDER
12 may petition the Court to order the CITY to pay for the costs
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of a defendant ' s treatment and the CITY will pay for such
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treatment in a prompt manner as may be ordered by the Court
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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
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referred to the Washington State Bar Association and/or the
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Court
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Public Defense-Timothy A.Jenkins
Resolution No. 2885 Exhibit"A"
October 27, 1997 (pd-tj968
Page 9
1 IV COMPENSATION:
2
Compensation for public defense services for 1998 shall
3
4 be paid at a monthly rate of Nine Thousand Eight Hundred
5 Eighty-five Dollars ($9, 885) Compensation for public defense
6 services for 1999 shall be paid at a monthly rate of Ten
7
Thousand Two Hundred Dollars ($10, 200) In the event the
8
number of defendants assigned to and represented by the PUBLIC
9
10 DEFENDER exceeds a total of Thirteen Hundred Twenty-Five
11 (1325) for the term of this Contract, the PUBLIC DEFENDER
12 shall be paid Ninety Dollars and No Cents ($90 00) per
13
defendant so represented above such total number of
14
defendants; or, in the alternative, the CITY has the option to
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16 request renegotiation of this Section
17 Pursuant to regular CITY policy regarding payment for
18 services rendered, the CITY shall make payment to the PUBLIC
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DEFENDER on the first day following the first CITY Council
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meeting following the timely submittal by the PUBLIC DEFENDER
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22 of a report pursuant to Section I (C) (2) herein for the
23 preceding month
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Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October 27, 1997 {pd-tj98)
Page 10
1 V TERM OF CONTRACT
2
1 The term of this Contract shall commence on the
3
first day of January, 1998 and be in effect through the last
4
5 day of December, 1999 Provided, however, the CITY
6 understands that the PUBLIC DEFENDER is only able to provide
the service at the above referenced rate due to the economies
8
of scale resulting from handling all of the public defense
9
work for the CITY
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11 2 It is the intent of the CITY and the PUBLIC DEFENDER
12 to create and ensure, if possible, continuity of future public
13 defense services for the CITY Therefore, on or before August
14
15 , 1999, the CITY and PUBLIC DEFENDER shall meet to mutually
15
16 explore the extension of the term of this Contract upon
17 mutually agreeable terms and conditions; Provided, this
18 agreement to discuss extension of the term of this Contract
19 does not constitute a binding commitment or option to extend
20
the term on the part of either the CITY or the PUBLIC
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22 DEFENDER
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Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October 27 1997 Cpd-t j968
Page 11
1 VI POLICY AGAINST DISCRIMINATION:
2
The PUBLIC DEFENDER shall not discriminate in employment
3
practices on the basis of race, creed, color, age, disability,
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5 religion, sex or sexual orientation The PUBLIC DEFENDER
6 should comply with all local, state and federal laws regarding
7 discrimination
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VII PUBLIC DEFENSE STANDARDS:
9
The PUBLIC DEFENDER shall comply with the Rules of
10
11 Professional Conduct The PUBLIC DEFENDER shall comply with
12 the City of Auburn Standards for Public Defense as adopted by
13 the City on December 18 , 1989 pursuant to Resolution No 2014
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VII INSURANCE AND INDEMNIFICATION:
15
A The PUBLIC DEFENDER shall secure and maintain a
16
17 policy of comprehensive professional liability insurance with
18 an insurance company licensed to do business in the State of
19 Washington Said policy shall have limits of not less than
20
One Million Dollars ($1, 000, 000 00) Written proof of the
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22 insurance policy shall be filed with the CITY
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Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October27 1997 {pd-tj98)
Page 12
1 The PUBLIC DEFENDER shall defend, indemnify and hold
2
the CITY, its elected officials, officers and employees
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harmless from any and all claims, losses or liability,
4
5 including attorney' s fees, arising out of the PUBLIC
6 DEFENDER' S performance of obligations pursuant to this
Contract, including claims arising by reason of accident,
8
injury or death caused to persons or property of any kind
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10 occurring by the fault or neglect of the PUBLIC DEFENDER, and
11 its legal associates or employees, and occurring without the
12 fault or neglect of the CITY
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IX. TERMINATION OF CONTRACT:
14
A Either the CITY or the PUBLIC DEFENDER may terminate
15
16 this Contract in the event of the following
17 (1) Breach of contract ; or
(2) Violation of the Rules of Professional
18 Conduct; or
19 (3) Good and sufficient cause
20 B Such termination is effective only if the party
21 terminating the Contract has provided written notice of the
22
deficiency to the other party and such deficiency is not
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Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October 27 1997 {pd-t j 968
Page 13
1 corrected in a timely manner to the reasonable satisfaction of
2
the first party
3
4 C Written notice of termination shall be given by the
5 party terminating this Contract to the other not less than
6 sixty (60) days prior to the effective date of the
7
termination
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C In the event of termination or upon completion of
9
10 the Contract, the following conditions apply (1) The PUBLIC
11 DEFENDER shall be relieved of any further responsibility for
12 receiving new case assignments under this CONTRACT; (2) The
13
PUBLIC DEFENDER will continue to represent those defendants
14
assigned prior to the date of termination and who have a trial
15
16 date set and shall complete all such cases; Provided that,
17 after termination or completion of the Contract and pursuant
18 to the Court rules and the Rules of Professional Conduct, the
19
PUBLIC DEFENDER may withdraw from any case as permitted by
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Court rule
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Public Defense-Timothy A.Jenkins
Resolution No. 2885 Exhibit"A"
October 27, 1997 {pd-tj98)
Page 14
DATED this �7 day of f)
2 , 1997
3
CITY OF AUBURN
4
5
6 Otahlec 1%etle
7 CHARLES A BOOTH
MAYOR
8
9
10
ATTEST
11
12
13 LicirL
14 Danielle E Daskam,
15 City Clerk
16
17
18 APPROVED AS TO FORM
19 1 (`
20
21 Michael J Reynolds,
City Attorney
22
23
24
25
26
Public Defense-Timothy A. Jenkins
Resolution No.2885 Exhibit"A"
October 27, 1997 {pd-t 1968
Page 15
1
PUBLIC DEFENDER
2
3
4 .:..�. _
5 TIMO 'Y JENKINS
JENKINS, HARDY and A SOCIA ES, P L L C
6
7
8
9
10 STATE OF WASHINGTON )
) ss
11 COUNTY OF KING
•F-1
12 On this O (D day ofa-Etm.44, , 199 7 , before
13 me, the undersigned, a Notary Public in and for the State of
Washington, personally appeared TIMOTHY A JENKINS of JENKINS,
14 HARDY and ASSOCIATES, P L L C , to me known to be the
individual described in and who executed the within instrument
15 and acknowledged that he signed the same on behalf of said
16 Associates, for the uses and purposes therein mentioned
17 GIVEN UNDER my hand and official seal the date
hereinabove set forth
18
19
sssss
D
20 t S ION f�s�,,i� �j(/(�GL( ` (�uty �"o-✓
21 I Q 0,,`, = /,G.(r (/L' G a..4 L+�-
NOTARY PUBLIC in and for he State of
22 N o PU:LIC °' 2 !T" /
'42., lbR2y,,A �,� Washington, residing at ,KP ✓
23
te..4,.ttWAttttt �° MY COMMISSION expires �(f as-
24
25
26
Public Defense-Timothy A.Jenkins
Resolution No. 2885 Exhibit"A"
October 27, 1997 (pd-tj98)
Page 16
02/17/1999 14.21 2539396354 JENKINS HARDY & ASOC PAGE 02
A ' ECI$ ,� a jf s
CUSTOMIZED PRACTICE COVERAGE sm
COREGIS INSURANCE COMPANY
(hereinafter the 'Company")
DECLARATIONS
Policy Number WAL-002821-5
Renewal of Policy WAL-001686-6
NOTICE. This Is a Claims-Made and Reported POLICY Except as may be otherwise provided herein, this
coverage Is limited to liability for only those CLAIMS which are first made against the NAMED INSURED and
reported to the Company while the POLICY Is in force.
A. Named Insured: Jenkins, Hardy & Associates, P.L.L.0
B. Address: 201 S. Division
Suite A
Auburn, WA 98001
C. Policy Period: From 12:01 A.M. December 31, 1998 To 12:01 A.M. December 31, 1999
Local time at the address stated herein
D. Policy Aggregate Limit of Liability for all coverage units: $2,000,000
E. Coverage
Coverage Unit Coverage Unit
Per Claim Limit Aggregate Limit Retroactive
Coverre Unit of Liability of Liability Deductible Date
Lawyers Professional Liability $1,000,000 $2,000,000 $5,000 12/15/1992
Employment Practices Liability Not Covered Not Covered Not Covered Not Covered
Employee Dishonesty Not Covered Not Covered Not Covered Not Covered
Title Insurance Agent Liability Not Covered Not Covered Not Covered Not Covered
Non-Profit Director& Officer Liability Not Covered Not Covered Not Covered Not Covered
Public Officials Liability Not Covered Not Covered Not Covered Not Covered
F Total Premium: $6,052
Date: 01/29/1999
Copyright e 1996 Coregis Insurance Company. All rights reserved.
All rights'nerved The reproduction or utilization of this work in any form whether by any electronic,mechanical.or other means, now known or hereafter invented,
including xerography,photocopying,and recording,and information storage and rehieral system is forbidden without the written permission.of Coregia Insurance Company.
ORIGINAL
Page 1 of 2
COR,CPC.1690 0(10/9
RECORDS MANAGEMENT
Ordinance No. Resolution No. /2'
Date Adopted //-7 7-f 7
Copies to'
1 ) Department Contact(s).
Finance Department 41.2„t. �J
(Copy if relates to fees, charges, or any accounti g responsibility)
2.) Code Book:
3 ) Recording File:
4 ) Citizen Requests.
NAME Address
. //-26 97
cc: City Clerk
9or
ff:il\
CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk - „ 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk ll City Clerk:(253)931-3039
Tame Bothell,Records/License Clerk - /Business Registration:(253)931-3007 Fax.(253)288-3132
shine
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Danielle Daskam, 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 2885 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO 2885 "
I certify that said Resolution No 2885 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 17th day of November,
1997
Witness my hand and the seal of the City of Auburn this 15th day of April, 1999
Danielle Daskam, City Clerk
City of Auburn