The URL can be used to link to this page

Home My WebLink About08/16/2011 11 Public Defender Indigent Representation Agreement Amendment; Troy Lee & Associates BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 f • Item No. For Meeting of 8/16/11 ITEM TITLE:- Consideration of Resolution authorizing execution of an amendment (Addendum One) to initial agreement with Troy Lee & Associates for public defender representation of indigent defendants SUBMITTED BY: Michael Morales, Interim City Manager CONTACT PERSON/TELEPHONE: Michael Morales, 575 -6040 SUMMARY EXPLANATION: Attached for your review and consideration is an agreement authorizing the City Manager to execute an Addendum to the existing agreement with Troy Lee & Associates. The Amendment extends the existing agreement from December 31, 2011 to December 31, 2015 at an annualized rate of $155,540 for the remainder of 2011, $380,766 for 2012, $388,381 for 2013, $396,149 for 2014, and $404,072 for 2015. In return, Troy Lee & Associates will handle the primary Public Defense contract for indigent defendants per the conditions of the agreement. 411 Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Troy Lee & Associates, 6 S. 2 Street, Suite 304, Yakima, WA 98901 Funding Source — General Fund and Washington State Office of Public Defense Grant APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Adopt the Resolution amending the existing contract with Troy Lee & Associates for public defender representation. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: 411 • 0 RESOLUTION NO. R -2011- A RESOLUTION authorizing execution of a contract amendment (Addendum One) to initial agreement with Troy Lee & Associates 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 Troy Lee & Associates; 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 - 2015 as specified in the respective agreement; and WHEREAS, the City Council has determined that .representation of Indigent 0 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 Troy Lee & Associates. ADOPTED BY THE CITY COUNCIL this 16 day of August , 2011. ATTEST: Micah Cawley, Mayor City Clerk . (ke)res /public defender agrmt a ADDENDUM ONE CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT THIS ADDENDUM ONE is made and entered into on the lo day of August, 2011, by and between Troy Lee & Associates, Inc., of Yakima, Washington, hereinafter the "Public Defender" and the City of Yakima, Washington, 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 August 20, 2009, (the "Initial Agreement "). The parties acknowledge that the Public Defender law firm known as "Dixon & Lee Law Firm" has been dissolved but that indigent defense legal services have been continuously provided pursuant to the Initial Agreement by the successor law firm known as Troy Lee & Associates, Inc., which law firm expressly assumes, adopts, ratifies, and endorses all of the benefits and obligations of the Initial Agreement and which law firm shall, for all purposes of this ® addendum and the Initial Agreement, be deemed the Public Defender. The parties agree that the effective date of this addendum shall relate back to the date on which the "Dixon & Lee Law Firm" dissolved and on which services under the Initial Agreement were first performed by the successor law firm known as Troy Lee & Associates, Inc. 2. The parties wish to change the terms set forth at paragraph 3 of the Initial Agreement, such that the Public Defender shall be required to maintain four (4) full -time public defenders pursuant to the terms and conditions set forth in the Initial Agreement. 3. The parties wish to change the terms set forth at paragraph 4 of the Initial Agreement, to read in full as follows: "In the event that representation of a defendant . creates a conflict of interest, the Public Defender shall immediately inform the court so that the case may be transferred to another Public Defender." All other provisions of paragraph 4 of the Initial Agreement not set forth in quotation marks above are hereby deleted. 4. The parties wish to change the terms set forth at paragraph 7 of the Initial Agreement, such that the term of the Initial Agreement, as amended by this addendum, shall terminate on December 31, 2015, unless extended or sooner terminated as provided herein. Should the Public Defender wish to re- negotiate this agreement for an additional Page 1 term beyond 2015, he shall submit a proposal for compensation for additional service to the City on or before June 1, 2015. 5. The parties wish to change the terms set forth at paragraph 8 of the Initial Agreement, to read in full as follows: "In return for the above - enumerated services, the Public Defender shall receive compensation in a total fixed -fee amount as follows: For the month of July, 2011— a total of thirty-three thousand eight hundred and eighty -six dollars ($33,886) payable during August, 2011 For the remainder of 2011 — a total of one hundred fifty -five thousand five hundred and forty dollars ($155,540) payable in equal monthly (15 to 14 installments For 2012 — a total of three hundred eighty thousand seven hundred and sixty -six dollars ($380,766) payable in equal monthly (15 to 14 installments For 2013 — a total of three hundred eighty -eight thousand three hundred and eighty -one dollars ($388,381) payable in equal monthly (15 to 14 installments For 2014 — a total of three hundred ninety -six thousand one hundred and forty -nine dollars ($396,149) payable in equal monthly (15 to 14 installments For 2015 — a total of four hundred four thousand and seventy -two dollars ($404,072) payable in equal monthly (15 to 14 installments Payments shall be made upon proper voucher for the same, submitted by the Public Defender and received by the Director of Finance and Budget at City Hall, Yakima, Washington. All payments shall be made to: Troy Lee & Associates, Inc. 6 South Second Street, Suite 304 Yakima, WA 98901" All other provisions of paragraph 8 of the Initial Agreement not set forth in quotation marks above are hereby deleted. 6. 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 1111 Page 2 411 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. 7. Each person executing this instrument on behalf of another person, corporation, partnership, company, or other organization or entity represents and warrants that he or 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. 8. 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 TROY LEE & ASSOCIATES, INC., a Washington corporation O By: By: Michael Morales, Tro Lee OF Interim City Manager Its: 129 North 2nd Street 6 South Second Street, Suite 304 Yakima, WA 98902 Yakima, WA 98901 ATTEST: City Contract No. Resolution No. • 411 Page 3