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