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
•