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HomeMy WebLinkAboutR-2007-057 Indigent Defense Services Contracts - Dennis W. Morgan Law Offices / Meyer Fluegge & Tenney P.S.RESOLUTION NO. R-2007-57 A RESOLUTION authorizing and directing the City Manager and City Clerk to execute the Appellate Representation of Indigent Defendants Agreements. WHEREAS, the City of Yakima is mandated by the State to provide a representation to indigent criminal defendants; and WHEREAS, the City Manager, under authority granted by the City Council, negotiated the Appellate Representation of Indigent Defendants Agreement; and WHEREAS, as a result of these negotiations, the appellate service providers have each agreed to perform appellate legal services for qualifying indigent persons; and WHEREAS, as a result of these negotiations, the appellate service providers have agreed to perform public defender services in 2007 as specified in their respective agreements; and WHEREAS, the City Council has determined that the proposed Appellate Representation of Indigent Defendants Agreement is in the best interests 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 execute the attached and incorporated City of Yakima Appellate Representation of Indigent Defendants Agreement with Dennis W. Morgan Law Offices and ratify the prior action of City Administration in executing an agreement for Appellate Representation of Indigent Defendants Agreement with the law offices of MEYER, FLUEGGE & TENNEY, P.S. ADOPTED BY THE CITY COUNCIL this 17`h day of April, 2007. ATTEST: David City Clerk (ke)res/public defender agrmt er, Mayor EXHIBIT A APPELLATE REPRESENTATION PROVIDER STATEMENT OF WORK 1. APPELLATE REPRESENTATION PROVIDER CONTRACTOR DUTIES AND RESPONSIBILITIES — The Appellate Representation Provider shall provide high quality indigent appellate representation in the cases assigned to it by the Yakima Municipal Court. The representation shall be provided in a professional and skilled manner and shall be in compliance with the Rules for Appeal of Decisions in Courts of Limited Jurisdictions, the Washington State Rules of Professional Conduct as well as case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal appellate cases. The Appellate Representation Provider's primary and most fundamental responsibility is to promote and protect the best interests of the client. 2. TASKS — The Appellate Representation Provider shall perform the following tasks with regard to each case to which the Appellate Representation Provider is appointed. A. Maintain a law office with a suitable client interview facility. The Appellate Representation Provider will provide adequate phone lines, computers, postage, office equipment, office supplies, office furniture and legal research tools to maintain a smooth running and efficient law office. B. Receive notices of appointment for indigent appellants each court day. Set up and maintain files on each assigned appellant. C. Establish and maintain client contact, keep the client informed of the progress of the appeal. D. Maintain staff to answer the Appellate Representation Provider's telephone during regular work hours (Monday -Friday, on a schedule established by the Contractor). E. Maintain continuity of representation at all stages of a case. 3. COMPLAINTS A. The Appellate Representation Provider shall respond in writing to complaints addressed by the City. B. The Appellate Representation Provider shall immediately notify the City of Yakima in writing when it become aware that a complaint lodged with the Washington State Bar Association has resulted in reprimand, suspension, or disbarment. Page 6 of 6 CITY OF YAKIMA APPELLATE REPRESENTATION OF INDIGENT DEFENDANTS THIS AGREEMENT, made and entered into this IL day of March 2007, by and between MEYER, FLUEGGE & TENNEY, P.S., Attorneys at Law, of Yakima, Washington hereinafter the "Appellate Representation Provider", and the CITY OF YAKIMA, a municipal corporation, hereinafter referred to as the "City". The responsible attorney for the appellate representation provider will be Alfred G. Schweppe. WHEREAS, the Appellate Representation Provider (is) (an) (are) attorney(s) licensed to practice law in the State of Washington, with offices at 230 South Second Street, Yakima WA 98907 and; WHEREAS, the parties hereto are desirous of effectuating an agreement whereby the Appellate Representation Provider will provide appellate representation for indigent appellants and other eligible persons in the Yakima Municipal Court and its various departments; now, therefore, IT IS HEREBY mutually agreed as follows: 1. Duties. The Appellate Representation Provider shall provide as assigned quality appellate representation for indigent appellants seeking review of a final decision including conviction for misdemeanor and/or gross -misdemeanor crime(s) occurring within the City of Yakima and processed by the City of Yakima Municipal Court. 2. Duty in Case of Conflict. In the event that representation of an appellant creates a conflict of interest, such that the assigned Appellate Representation Provider cannot represent the appellant, the Appellate Representation Provider shall immediately notify the City of the conflict. 5. Insurance. Without limiting the Appellate Representation Provider's indemnification, it is agreed that the Appellate Representation Provider shall maintain in force, at all times during the performance of this Agreement, a policy or policies of insurance covering its operation as described below. A. General Liability Insurance The Appellate Representation Provider shall maintain continuously public liability insurance with limits of liability not Tess than: Two Hundred and Fifty Thousand Dollars ($250,000) for each person, personal injury, Five Hundred Thousand Dollars ($500,000) foreach occurrence, property damage, liability, or a combined single limit of Five Hundred Thousand Dollars ($500,000) for each occurrence, personal injury and/or property damage liability. Such insurance shall include the City of Yakima, their elected and appointed officials, employees, volunteers, and agents as additional insureds and shall not be reduced or canceled without 30 days' prior written notice to the City of Yakima. The Appellate Page 1 of 6 Representation Provider shall provide a certificate of insurance or, upon written request of the City of Yakima, a duplicate of the policy as evidence of insurance protection. B. Professional Liability Insurance The Appellate Representation Provider shall maintain or ensure that its professional employees maintain professional liability insurance for any and all acts which occur during the course of their employment with the Appellate Representation Provider which constitute professional services in the performance of this Agreement. For purposes of this Agreement, professional services shall mean any services provided by a licensed professional. Such professional liability insurance shall be maintained in an amount not less than One Million Dollars ($1,000,000) combined single limit per claim/aggregate. The Appellate Representation Provider further agrees that it shall have sole and full responsibility for the payment of any funds where such payments are occasioned solely by the professional negligence of its professional employees and where such payments are not covered by any professional liability insurance, including but limited to the amount of the deductible under the insurance policy. The Appellate Representation Provider shall not be required to make any payments for professional liability, if such liability is occasioned by the sole negligence of the City. The Appellate Representation Provider shall not be required to make payments other than its judicially determined percentage, for any professional liability which is determined by a court of competent jurisdiction to be the result of the comparative negligence of the Appellate Representation Provider and the City. Such insurance shall not be reduced or canceled without thirty (30) days prior written notice to the City. The Appellate Representation Provider shall provide certificates of insurance or, upon written request of the City, duplicates of the policies as evidence of insurance protection. C. Workers' Compensation The Appellate Representation Provider shall maintain Workers' Compensation coverage as required by law. The Appellate Representation Provider shall provide a certificate of insurance or, upon written request of the City, a certified copy of the policy as evidence of insurance protection. The Appellate Representation Provider shall not transport clients. 6. Specific Duties. The Appellate Representation Provider shall provide services necessary or incidental to the performance of the work set forth in the APPELLATE REPRESENTATION PROVIDER - STATEMENT OF WORK - EXHIBIT A. 7. Term and Renegotiation. This Agreement shall commence on January 1, 2007, and terminate on December 31, 2009, unless extended or sooner terminated as provided herein. The period of performance may also be extended by mutual written agreement of the parties. Should the Appellate Representation Provider elect to re -negotiate this Agreement for an additional term beyond 2009, he shall submit a proposal for compensation for additional service on or before August 1, 2009. Page 2 of 6 8. Compensation. In return for the above -enumerated services, the Appellate Representation Provider shall receive compensation as follows: • The Appellate Representation Provider shall be compensated at the attorney rate of $150.00/hr and Paralegal rate of $75.00/hr plus expenses; provided that the maximum compensation payable for attorney fees per case through the Superior Court level will be $3000.00 (reimbursement for expenses is extra and not included in this amount). Additional compensation will be paid at these same hourly rates for cases that consistent with Title 15 of the Rules of Appellate Procedure are appealed beyond the Yakima County Superior Court to the Washington State Court of Appeals or Washington State Supreme Court. Payment shall be made by the City of Yakima to the Appellate Representation Provider within 14 days of invoices submitted by the Appellate Representation Provider to the City. The aforementioned amounts shall be payable when billed to the City. The bill shall include a breakdown of the hourly service provided and shall be submitted by the Appellate Representation Provider and received by the Director of Finance and Budget at City Hall, Yakima, Washington. All payments shall be made to MEYER, FLUEGGE & TENNEY, P.S., 230 South Second Street - P.O. Box 22680 Yakima WA 98907. 9. Transcription The City shall, in addition, compensate the Appellate Representation Provider for the cost of court record transcription incurred by the Appellate Representation Provider on behalf of indigent clients covered by this Agreement. 10. Expert Witnesses. The City shall compensate the Appellate Representation Provider for expert witness fees incurred by the Appellate Representation Provider on behalf of indigent clients covered by this Agreement upon application and approval of the court. 11. Assignment. The Appellate Representation Provider shall not assign, transfer, or subcontract this Agreement without obtaining prior written approval from the City. 12. Successors Bound. Subject to the provisions of Section 11, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. 13. Ethic Compliance and Reports. The Appellate Representation Provider will provide the aforementioned services in conformity with the rules of Professional Conduct and will provide the Municipal Court and the City with any reports, fiscal or otherwise, which are reasonably required in the performance of the Municipal Court's and the City's responsibilities. An annual report shall be provided by the Appellate Representation Provider on a form approved by the City Manager on or before August 1 of each year. 14. Taxes and Assessments. The Appellate Representation Provider shall be solely responsible for compensating its employees and for paying all related taxes, deductions and assessments, including but not limited to, leasehold excise taxes, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Appellate Representation Provider shall pay the same before it becomes due. Page 3 of 6 15. Independent Contractor. The parties agree that the Appellate Representation Provider is an independent contractor with the responsibility and authority to control and direct the performance of the details of the work described herein in accordance with the terms and conditions of this Agreement. The implementation of contracted activities and the results to be achieved are solely the responsibility of the Appellate Representation Provider. No agent, employee, subcontractor, or representative of the Appellate Representation Provider shall be deemed to be an employee, agent, servant, or representative of the City Municipal Court for any purpose, and the employees, agents, subcontractor, or representative of the Appellate Representation Provider is not entitled to any of the benefits the City provides for its employees. The Appellate Representation Provider will be solely and entirely responsible for his acts and for the acts of his agents, employees, subcontractors, or otherwise, during the performance of this Agreement. 16. Indemnity. The Appellate Representation Provider hereby agrees to release, indemnify, protect, defend and save harmless the City and their elected and appointed officials, employees, volunteers, and agents from all claims, actions, or damages of any kind and description which may occur to or be suffered by any person or persons, corporation, or property arising, directly or indirectly, out of the operation of this Agreement, caused or contributed thereto by the Appellate Representation Provider or his employees or subcontractors. Provided, however, that nothing herein shall be deemed to require the Appellate Representation Provider to indemnify the City or their elected or appointed officials, agents, volunteers, or employees for injury to persons, corporation, and/or property arising from the sole negligence of the City and their elected or appointed officials, employees, volunteers, and agents. In case of suit or action brought against the City and/or their elected or appointed officials, agents, volunteers, and employees for damages arising out of or by reason of any of the above-mentioned causes; the Appellate Representation Provider agrees to pay all costs of defense, including reasonable attorney's fees and any judgment. 17. Nondiscrimination. The Appellate Representation Provider shall not discriminate on the basis of race, creed, color, national origin, or physical, mental, or sensory handicap in the performance of this Agreement. 18. Termination. Either party may terminate this Agreement, with or without cause, upon ninety (90) days written notice sent by certified mail to the other party at the address listed in this Agreement. Representation of appellants •that cannot be done through substituted council shall be completed by the Appellate Representation Service Provider to be compensated as agreed in Section 8 of this Agreement. - 19. Governing Law. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed to by each party hereto that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performances. 20. Venue. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in the Superior Court for Yakima County, Yakima, Washington 21. Integration. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the Page 4 of 6 other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. 22. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. DATED this CITY OF YAKIMA By: IS, JR. City Manager 129 North 2nd Street Yakima, WA 98901 ATTEST: day of 2007. APPELLATE REPRESENTATION PROVIDER Alfred Schweppe )11411)1L— MEYER, FLUEGGE & TENNEY, P.S Attorneys At Law 230 South Second Street Yakima, WA 98907 By: e Ciiy Contract No. ,;-;)07-1,* Resolution No. Page 5 of 6 -2v07 -s 7 CITY OF YAKIMA APPELLATE REPRESENTATION OF INDIGENT DEFENDANTS THIS AGREEMENT, made and entered into this _ day of March 2007, by and between DENNIS W. MORGAN LAW OFFICE, 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". The responsible attorney for the appellate representation provider will be Dennis W. Morgan. WHEREAS, the Appellate Representation Provider (is) (an) (are) attorney(s) 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 agreement whereby the Appellate Representation Provider will provide appellate representation for indigent appellants and other eligible persons in the Yakima Municipal Court and its various departments; now, therefore, IT IS HEREBY mutually agreed as follows: 1. Duties. The Appellate Representation Provider shall provide as assigned quality appellate representation for indigent appellants seeking review of a final decision including conviction for misdemeanor and/or gross -misdemeanor crime(s) occurring within the City of Yakima and processed by the City of Yakima Municipal Court. 2. Duty in Case of Conflict. In the event that representation of an appellant creates a conflict of interest, such that the assigned Appellate Representation Provider cannot represent the appellant, the Appellate Representation Provider shall immediately notify the City of the conflict. 5. Insurance. Without limiting the Appellate Representation Provider's indemnification, it is agreed that the Appellate Representation Provider shall maintain in force, at all times during the performance of this Agreement, a policy or policies of insurance covering its operation as described below. A. General Liability Insurance The Appellate Representation Provider shall maintain continuously public liability insurance with limits of liability not less than: Two Hundred and Fifty Thousand Dollars ($250,000) for each person, personal injury, Five Hundred Thousand Dollars ($500,000) for each occurrence, property damage, liability, or a combined single limit of Five Hundred Thousand Dollars ($500,000) for each occurrence, personal injury and/or property damage liability. Such insurance shall include the City of Yakima, their elected and appointed officials, employees, volunteers, and agents as additional insureds and shall not be reduced or canceled without thirty (30) days prior written notice to the City of Yakima. The Appellate Representation Provider shall provide a certificate of insurance or, upon Page 1 of 6 written request of the City of Yakima, a duplicate of the policy as evidence of insurance protection. B. Professional Liability Insurance The Appellate Representation Provider shall maintain or ensure that its professional employees maintain professional liability insurance for any and all acts which occur during the course of their employment with the Appellate Representation Provider which constitute professional services in the performance of this Agreement. For purposes of this Agreement, professional services shall mean any services provided by a licensed professional. Such professional liability insurance shall be maintained in an amount not less than One Million Dollars ($1,000,000) combined single limit per claim/aggregate. The Appellate Representation Provider further agrees that it shall have sole and full responsibility for the payment of any funds where such payments are occasioned solely by the professional negligence of its professional employees and where such payments are not covered by any professional liability insurance, including but limited to the amount of the deductible under the insurance policy. The Appellate Representation Provider shall not be required to make any payments for professional liability, if such liability is occasioned by the sole negligence of the City. The Appellate Representation Provider shall not be required to make payments other than its judicially determined percentage, for any professional liability which is determined by a court of competent jurisdiction to be the result of the comparative negligence of the Appellate Representation Provider and the City. Such insurance shall not be reduced or canceled without thirty (30) days prior written notice to the City. The Appellate Representation Provider shall provide certificates of insurance or, upon written request of the City, duplicates of the policies as evidence of insurance protection. C. Workers Compensation The Appellate Representation Provider shall maintain Workers Compensation coverage as required by law. The Appellate Representation Provider shall provide a certificate of insurance or, upon written request of the City, a certified copy of the policy as evidence of insurance protection. The Appellate Representation Provider shall not transport clients. 6. Specific Duties. The Appellate Representation Provider shall provide services necessary or incidental to the performance of the work set forth in the APPELLATE REPRESENTATION PROVIDER - STATEMENT OF WORK - EXHIBIT A. 7. Term and Renegotiation. This Agreement shall commence on January 1, 2007, and terminate on December 31, 2009, unless extended or sooner terminated as provided herein. The period of performance may also be extended by mutual written agreement of the parties. Should the Appellate Representation Provider elect to re -negotiate this Agreement for an additional term beyond 2009, he shall submit a proposal for compensation for additional service on or before August 1, 2009. Page 2 of 6 8. Compensation. In return for the above -enumerated services, the . Appellate Representation Provider shall receive compensation as follows: • The Appellate Representation Provider shall be compensated at the attorney rate of $150.00/hr and Paralegal rate of $75.00/hr plus expenses; provided that the maximum compensation payable for attorney fees per case through the Superior Court level will be $3000.00 (reimbursement for expenses is extra and not included in this amount). Additional compensation will be paid at these same hourly rates for cases that consistent with Title 15 of the Rules of Appellate Procedure are appealed beyond the Yakima County Superior Court to the Washington State Court of Appeals or Washington State Supreme Court. Payment shall be made by the City of Yakima to the Appellate Representation Provider within fourteen (14) days of invoices submitted by the Appellate Representation Provider to the City. The aforementioned amounts shall be payable when billed to the City. The bill shall include a breakdown of the hourly service provided and shall be submitted by the Appellate Representation Provider and received by the Director of Finance and Budget at City Hall, Yakima, Washington. All payments shall be made to DENNIS W. MORGAN LAW OFFICE, 120 W. Main, Ritzville WA 99169. 9. Transcription The City shall, in addition, compensate the Appellate Representation Provider for the cost of court record transcription incurred by the Appellate Representation Provider on behalf of indigent clients covered by this Agreement. 10. Expert Witnesses. The City shall compensate the Appellate Representation Provider for expert witness fees incurred by the Appellate Representation Provider on behalf of indigent clients covered by this Agreement upon application and'approval of the court. 11. Assignment. The Appellate Representation Provider shall not assign, transfer, or subcontract this Agreement without obtaining prior written approval from the City. 12. Successors Bound. Subject to the provisions of Section 11, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. 13. Ethic Compliance and Reports. The Appellate Representation Provider will provide the aforementioned services in conformity with the rules of Professional Conduct and will provide the Municipal Court and the City with any reports, fiscal or otherwise, which are reasonably required in the performance of the Municipal Court's and the City's responsibilities. An annual report shall be provided by the Appellate Representation Provider on a form approved by the City Manager on or before August 1 of each year. 14. Taxes and Assessments. The Appellate Representation Provider shall be solely responsible for compensating its employees and for paying all related taxes, deductions and assessments, including but not limited to, leasehold excise taxes, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Appellate Representation Provider shall pay the same before it becomes due. Page 3 of 6 15. Independent Contractor. The parties agree that the Appellate Representation Provider is an independent contractor with the responsibility and authority to control and direct the performance of the details of the work described herein in accordance with the terms and conditions of this Agreement. The implementation of contracted activities and the results to be achieved are solely the responsibility of the Appellate Representation Provider. No agent, employee, subcontractor, or representative of the Appellate Representation Provider shall be deemed to be an employee, agent, servant, or representative of the City Municipal Court for any purpose, and the employees, agents, subcontractor, or representative of the Appellate Representation Provider is not entitled to any of the benefits the City provides for its employees. The Appellate Representation Provider will be solely and entirely responsible for his acts and for the acts of his agents, employees, subcontractors, or otherwise, during the performance of this Agreement. 16. Indemnity. The Appellate Representation Provider hereby agrees to release, indemnify, protect, defend and save harmless the City and their elected and appointed officials, employees, volunteers, and agents from all claims, actions, or damages of any kind and description which may occur to or be suffered by any person or persons, corporation, or property arising, directly or indirectly, out of the operation of this Agreement, caused or contributed thereto by the Appellate Representation Provider or his employees or subcontractors. Provided, however, that nothing herein shall be deemed to require the Appellate Representation Provider to indemnify the City or their elected or appointed officials, agents, volunteers, or employees for injury to persons, corporation, and/or property arising from the sole negligence of the City and their elected or appointed officials, employees, volunteers, and agents. In case of suit or action brought against the City and/or their elected or appointed officials, agents, volunteers, and employees for damages arising out of or by reason of any of the above-mentioned causes; the Appellate Representation Provider agrees to pay all costs of defense, including reasonable attorney's fees and any judgment. 17. Nondiscrimination. The Appellate Representation Provider shall not discriminate on the basis of race, creed, color, national origin, or physical, mental, or sensory handicap in the performance of this Agreement. 18. Termination. Either party may terminate this Agreement, with or without cause, upon ninety (90) days written notice sent by certified mail to the other party at the address listed in this Agreement. Representation of appellants that cannot be done through substituted council shall be completed by the Appellate Representation Service Provider to be compensated as agreed in Section 8 of this Agreement. 19. Governing Law. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed to by each party hereto that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performances. 20. Venue. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in the Superior Court for Yakima County, Yakima, Washington 21. Integration. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the Page 4 of 6 other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. 22. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition. of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. DATED this 1 Citc day of /-l-PR 1 , 2007. CITY OF YAKIMA By: R. A. ZAIS; City Manager 129 North 2nd Street Yakima, WA 98901 ATTEST: Zdittie-44), APPELLATE REPRESENTAT ON PROVIDER By:� Dermis W. Morgan Dennis W. Morgan Law Office Attorney At Law 120 W. Main Ritzville, WA 99169 Ci Contract No. ,0q6147—/g Resolution No. EP -7,e07--.5'7 Page 5 of 6 EXHIBIT A APPELLATE REPRESENTATION PROVIDER STATEMENT OF WORK 1. APPELLATE REPRESENTATION PROVIDER CONTRACTOR DUTIES AND RESPONSIBILITIES — The Appellate Representation Provider shall provide high quality indigent appellate representation in the cases assigned to it by the Yakima Municipal Court. The representation shall be provided in a professional and skilled manner and shall be in compliance with the Rules for Appeal of Decisions in Courts of Limited Jurisdictions, the Washington State Rules of Professional Conduct as well as case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal appellate cases. The Appellate Representation Provider's primary and most fundamental responsibility is to promote and protect the best interests of the client. 2. TASKS — The Appellate Representation Provider shall perform the following tasks with regard to each case to which the Appellate Representation Provider is appointed. A. Maintain a law office with a suitable client interview facility. The Appellate Representation Provider will provide adequate phone lines, computers, postage, office equipment, office supplies, office furniture and legal research tools to maintain a smooth running and efficient law office. B. Receive notices of appointment for indigent appellants each court day. Set up and maintain files on each assigned appellant. C. Establish and maintain client contact, keep the client informed of the progress of the appeal. D. Maintain staff to answer the Appellate Representation Provider's telephone during regular work hours (Monday -Friday, on a schedule established by the Contractor). E. Maintain continuity of representation at all stages of a case. 3. COMPLAINTS A. B. The Appellate Representation Provider shall respond in writing to complaints addressed by the City. The Appellate Representation Provider shall immediately notify the City of Yakima in writing when it become aware that a complaint lodged with the Washington State Bar Association has resulted in reprimand, suspension, or disbarment. Page 6 of 6 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, 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) additionalone-year terms unless notice of non -renewal is provided by either party to the other party by not later than August 1st 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 G' day of April, 2009. CITY OF YAKIMA By: R. A. ZAIS, JR. City Manager 129 North 2nd Street Yakima, WA 98902 By: PRESENTA ION PROVIDER DEN IS W. MORGAN „���rney At Law 120 W. Main Ritzville, WA 99169 Page 1 of 2 • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting of 4/17/07 ITEM TITLE: Consideration of Resolution Authorizing: A. Execution of Contracts for Appellate Representation of Indigent Defense Services with Dennis W. Morgan Law Offices and B. Ratification of Appellate Representation of Indigent Defense Services with Meyer, Fluegge & Tenney, P.S. SUBMITTED BY: Dick Zais, City Manager Dave Zabell, Assistant City. Manager CONTACT PERSON/TELEPHONE: Dave Zabell 575-6040 SUMMARY EXPLANATION: Attached for your consideration is a Resolution authorizing the City Manager to execute an agreement with the law firm of Dennis W. Morgan Law Offices and to ratify a prior agreement with Meyer, Fluegge & Tenney, P.S. As indicated above, the City previously issued an RFQ to provide appellate legal services for qualifying indigent persons. The firms of Dennis W. Morgan Law Offices and Meyer, Fluegge & Tenney, P.S., provided responsive proposals and were subsequently interviewed and evaluated. Appeals of our municipal court cases involving indigent persons while infrequent have historically averaged well under ten cases per year for the past several years. Staff is recommending such services be provided through two contracts, as multiple providers will allow for easier accommodation of conflicts in representation. The Court will alternate assignment of appellate cases between the two contracted firms. The contract with Meyer, Fluegge & Tenney, P.S. has already been executed due to immediate need in conjunction with the transition in Public Defense services which occurred earlier this year. , X Resolution Ordinance Contract X Other (Misc. Information) Funding Source General Fund APPROVED FOR SUBMITTAL C� Manager STAFF RECOMMENDATION: Approve the Resolution and authorize the City Manager to execute the contract with Dennis W. Morgan Law Offices and ratify the contract with Meyer, Fluegge & Tenney; P.S. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R4007-57