Loading...
HomeMy WebLinkAboutR-2010-125 Amendment to Indigent Defense Contract with Gillihan Law OfficeRESOLUTION NO R-2010-125 A RESOLUTION ratifying contract amendment (Addendum One) to initial agreement with Gillihan Law Office for public defender representation of indigent defendants WHEREAS, the City of Yakima is mandated by the State to provide representation to indigent defendants, and WHEREAS, the City Manager, under authority granted by the City Council, approved a contract with Gillihan Law Office, and WHEREAS, the service provider has agreed to perform legal services for qualifying indigent persons, and WHEREAS, the service provider has agreed to perform public defender services in 2011 as specified in the respective agreement; 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 execute the attached and incorporated Addendum with Gillihan Law Offices ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2010 ATTEST (ke)res/public defender agrmt Micah Cawley, Mayor ADDENDUM ONE CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT THIS ADDENDUM ONE is made and entered into on the day ofdeif 2010, by and between Gillihan Law Office, of Yakima, Washington, hereinafter the "Public Defender", and the City of Yakima, a municipal corporation, hereinafter referred to as the `City. IN CONSIDERATION of the covenants herein contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Public Defender and the City agree as follows: 1. The parties hereto have previously entered into that certain Public Defender Agreement dated March 18, 2009 (the "Initial Agreement"). 2. The parties wish to change the terms set forth at paragraph 7 of the Initial Agreement, such that the Initial Agreement shall continue until a termination date of December 31, 2012, unless extended or sooner terminated as provided in the Initial Agreement. Should the Public Defender elect to re -negotiate this agreement for an additional term beyond 2012,he shall submit a proposal for compensation for additional service on or before June 1, 2012. 3. The parties wish to change the terms set forth at paragraph 8 of the Initial Agreement, such that the Public Defender shall receive compensation in a total fixed -fee amount for the duration of 'this agreement in the amount of forty thousand dollars ($40,000) for the calendar year of 2011 and in the amount of forty thousand dollars ($40,000) for the calendar year of 2012, all amounts payable in accordance with the terms of the Initial Agreement; provided, however, that with each monthly voucher submitted to the City by the Public Defender, the Public Defender shall also provide a list to the City of all cases for which the Public Defender has provided services in the preceding month current to the date of said voucher;` and, provided further, the Public Defender shall provide a copy of said list to such other law firm, attorney, or public defender as the City may request. 4. This instrument may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Delivery of an executed copy of this instrument by facsimile, telecopy, telex or other means of electronic communication producing a printed copy will be deemed to be an execution and delivery of this instrument on the date of such communication by the party so delivering such a copy. 5. Each person executing this instrument on behalf of another person, corporation, partnership, company, or other organization or entity represents and warrants that he or Page 1 she is fully authorized to execute and deliver this instrument on behalf of the entity or party for which he or she is signing. The parties hereby warrant to each other that each has full power and authority to enter into this instrument and to undertake the actions contemplated herein, and that this instrument is enforceable in accordance with its terms. 6. Except as specifically amended herein, the Initial Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. CITY OF YAKIMA PUBL By R.A.Z :,JR. City Manager 129 North 2nd Street Yakima, WA 98902 ATTEST: By DER Pu o is Defender Attorney At Law 6 South Second Street, Suite 703 Yakima, WA 98901 GFy� City Contract No. Resolution No. Page 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of 11/2/10 ITEM TITLE. Consideration of Resolution ratifyingcontract amendment (Addendum One) to initial agreement with Giliihan Law office for public defender representation of indigent defendants SUBMITTED BY Dave Zabell, Assistant City Manager CONTACT PERSON/TELEPHONE Dave Zabell 575-6040 SUMMARY EXPLANATION Attached for your review, consideration, and ratification is an agreement authorizing the City Manager to execute an Addendum to the existing agreement with Gillihan Law Office The Amendment extends the existing agreement from December 31, 2010 to December 31, 2012 at an annualized rate of $40,000 for 2011 and 2012 This amount is the same as the 2010 rate In return Gillihan Law Office will handle conflict cases from the primary Public Defense contractor, Dixon and Lee, per the conditions of the agreement. X Resolution Ordinance Contract Other (Misc. Information) Funding Source — General Fund and Washj,o ton State Office of Public Defense Grant APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Adopt the Resolution amending the existing contract with Gillihan Law Office for public defender representation BOARD/COMMISSION/COMMITTEE RECOMMENDATION COUNCIL ACTION •