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HomeMy WebLinkAboutR-2011-130 Public Defender Indigent Representation Agreement Amendment; Troy Lee & AssociatesRESOLUTION NO. R- 2011 -130 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 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 16th day of August, 2011. L-�- C" Micah Cawley, Mayor ATTEST: V_ - ao /I - 130 CW xVV -f6 ADDENDUM ONE CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT THIS ADDENDUM ONE is made and entered into on the T 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 C_ 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 (15th to 14th) installments For 2012 — a total of three hundred eighty thousand seven hundred and sixty -six dollars ($380,766) payable in equal monthly (15th to 14th) installments For 2013 — a total of three hundred eighty -eight thousand three hundred and eighty -one dollars ($388,381) payable in equal monthly (15th to 14th) installments For 2014 — a total of three hundred ninety -six thousand one hundred and forty -nine dollars ($396,149) payable in equal monthly (15th to 14th) installments For 2015 — a total of four hundred four thousand and seventy -two dollars ($404,072) payable in equal monthly (15th to 10) 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 Page 2 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 By:� , By Michael Morales, Interim City Manager ItE 129 North 2nd Street Yakima, WA 98902 ATTEST: 6 South Second Street, Suite 304 Yakima, WA 98901 �PK1rtq City Contract No. c Z00q ' I Resolution No. Q -a0l 1— GO WASHING) Page 3 0 0 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. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Troy Lee & Associates, 6 S. 2nd Street Suite 304, Yakima, WA 98901 Funding Source — General Fund and Washin ton 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: °l,v 11 1 30 TROYLA OP ID: DI CERTIFICATE OF LIABILITY INSURANCE 1 DATE 09 /27DIYYYY) 09/27/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 509 - 575 -0300 NAME: CONTACT Gress - Kinney - Parrish Insurance P.O. Box 2308 Fax: 509 -452 -9870 PHONE FAX AIC No Ext : A/C No): E -MAIL ADDRESS. Yakima, WA 9890 Douglas F. P sh INSURER(S) AFFORDING COVERAGE NAIC # INSURERA Hartford Insurance Company DAMAGE TO RENTED PREMISES Ea occurrence $ 3OO OOO INSURED Troy Lee and Associates 6 S 2nd St., Ste. 304 Yakima, WA 98901 INSURER B PERSONAL & ADV INJURY INSURERC GENERAL AGGREGATE $ 2,000,000 INSURER D PRODUCTS - COMP /OP AGG INSURER E $ INSURER F: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUT OS AUTOS X HIRED AUTOS f NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MMIDD /YYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-1 OCCUR X Business Owners 52SBAUN9102 10/28/12 10/28/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 3OO OOO MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUT OS AUTOS X HIRED AUTOS f NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE ❑ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- TORY LIMITS ER E L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Business Owners 52SBAUN9102 10/28/12 10128/13 PROPERTY 16,300 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CITYOF1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS. 129 N. 2nd St Yakima, WA 98901 AUTHORIZED REPRESENTATIVE Douglas F. Parrish n , � B A , ©1988 -2010 ACOFFV CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACOR �.- -� TROYL -1 OP ID: DI ,acoRO►° CERTIFICATE OF LIABILITY INSURANCE DATE 11 /05 IDDIYYYY) `.� 11/0512013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: ACT Douglas F. Parrish Gress - Kinney - Parrish Insurance PHONE FAX P.O: Box 2308 (A/C. No, Ext): 509 - 575 - 0300 (A/C, No): 509452 - 9870 Yakima, WA 98907 E -MAIL • Douglas F. Parrish ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A.: Hartford Insurance Company INSURED Troy Lee and Associates • INSURER B 6 S 2nd St., Ste. 304 Yakima, WA 98901 INSURER C INSURER D : INSURER E : • INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY 52SBAUN9102 10/28/2013 10/28/2014 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300 000 CLAIMS -MADE OCCUR MED EXP (Any one person) $ 10,000 X Business Owners PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY PRO- LOC - $ .IFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) A ANY AUTO 52 SBA UN9102 10/28/2013 10/28/2014 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X X NON-OWNED UT OWNED EN HIRED AUTOS $ AUTOS � PER ACCIDENT) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE - AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE NIA E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under - ' - -- - -- -- DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ A Hartford Insurance 52SBAUN9102 10/28/2013 10/28/2014 PROPERTY 17,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) - - CERTIFICATE HOLDER CANCELLATION CITYOFI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS. 129 N. 2nd St Yakima, WA 98901 AUTHORIZED REPRESENTATIV - Douglas F. Parrish / y, © 1988 ACO 41) CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACOR Dr