HomeMy WebLinkAbout05/19/2009 12 Amendment of Contract with Dennis W. Morgan, Attorney, for Appellate Representation BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
III AGENDA STATEMENT
Item No. /` ( Z
For Meeting of 5/19/09
ITEM TITLE: Consideration of Resolution ratifying contract amendment with Dennis W.
Morgan, Attorney at Law for appellate representation
SUBMITTED BY: Dave Zabell, Assistant City Mana
CONTACT PERSON/TELEPHONE: Dave Zabell 575 -60
SUMMARY EXPLANATION: Attached for your review and ratification is a Resolution
authorizing the City Manager to execute an amendment of the current agreement with Dennis
Morgan; Attorney at Law.
The contract amendment with Dennis Morgan, Attorney at Law has been executed due to the
immediate needs of the Court and the requirement to provide appellate representation for
qualified indigent defendants.
X Resolution Ordinance Contract Other
• Funding Source — General Fund and Washington State Office of Public Defense Grant
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Approve the Resolution ratifying the City Manager's previous
execution of an amendment to the existing contract with Dennis Morgan, Attorney at Law.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
IP
•
RESOLUTION NO. R -2009-
A RESOLUTION ratifying a contract amendment with Dennis Morgan, Attorney at
Law.
WHEREAS, the City of Yakima is mandated by the State to provide appellate
representation to indigent defendants; and
WHEREAS, the City Manager, under authority granted by the City Council, approved
a contract amendment with Dennis Morgan, Attorney at Law; and
WHEREAS, the service provider has agreed to perform appellate legal services for
qualifying indigent persons; and
WHEREAS, the service provider has agreed to perform appellate representation
services in 2009 as specified in the initial agreement dated April 19, 2007; and
WHEREAS, the City Council has determined that representation of Indigent
• Defendants is in the best interest of the City of Yakima; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to ratify the
contract amendment for Dennis Morgan, Attorney at Law.
ADOPTED BY THE CITY COUNCIL this _day of , 2009.
ATTEST: David Edler, Mayor
City Clerk
(ke)res /public defender agrmt
110
CITY OF YAKIMA
ADDENDUM TO CONTRACT FOR
APPELLATE REPRESENTATION OF INDIGENT DEFENDANTS
THIS AGREEMENT, made and entered into this _ day of April, 2009, by and
between DENNIS W. MORGAN, Attorney at Law, of Ritzville, Washington, hereinafter the
"Appellate Representation Provider", and the CITY OF YAKIMA, a municipal corporation,
hereinafter referred to as the "City ".
WHEREAS, the Appellate Representation Provider is an attorney licensed to practice
law in the State of Washington, with offices at 120 W. Main, Ritzville, WA 99169; and
WHEREAS, the parties hereto are desirous of effectuating an addendum to that certain
agreement whereby the Appellate Representation Provider provides appellate representation
for indigent appellants and other eligible persons in the Yakima Municipal Court and its various
departments, which agreement is dated on April 19, 2007 (the "Initial Agreement "); now,
therefore,
1111 IT IS HEREBY mutually agreed as follows:
1. Term. The parties agree that the termination date of the Initial Agreement shall be
December 31, 2009; provided, however, that the Initial Agreement shall be automatically
extended for up to five (5) additional one -year terms unless notice of non - renewal is provided
by either party to the other party by not later than August 15t of each term, each term to
correspond with successive calendar years during which the Initial Agreement is in effect;
provided, further, that the Initial Agreement shall expire in all events by not later than midnight,
December 31, 2015, unless extended by mutual written agreement of the parties.
2. Affirmation of Initial Agreement. Except as amended herein, the Initial
Agreement shall be and remain of full force and effect.
DATED this � — day of April, 2009.
CITY OF YAKIMA ' " PRESENTA ION PROVIDER
B S\ \��. 6 �( By:
R. A. ZAIS, JR. DE I IS W. MORGAN
City Manager = orney At Law
129 North 2nd Street 120 W. Main
Yakima, WA 98902 Ritzville, WA 99169
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ATTEST: •
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City Contract No. 2007 _I 8 % SE : ;
Resolution No. 2 �.7 7 + *s
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