HomeMy WebLinkAbout5267 RESOLUTION NO. 5 2 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A SECOND ADDENDUM TO THE PUBLIC
DEFENSE SERVICES CONTRACT BETWEEN CAYCE &
GROVE AND THE CITY OF AUBURN, PROVIDING FOR AN
EXTENSION THEREOF FOR ONE ADDITIONAL YEAR
WHEREAS, the City of Auburn and Cayce & Grove entered into a contract for
public defender services with the term of said Agreement expiring in early 2017; and
WHEREAS, in light of the thresholds for service set forth in state law and court
cases, it is also appropriate that compensation be proportionally increased to address
current work and case loads; and
WHEREAS, in light of the ongoing need for the services provided thereby, it is
appropriate that the term the extended beyond its current expiration date; and
WHEREAS, the parties wish to extend the term of the agreement for an additional
year beyond the current termination date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Second Addendum to the
Agreement for Public Defender services between Casey & Grove and the City of Auburn
in conformity with the Addendum Number 2 appended hereto and Incorporated herein by
this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
SIGNED and DATED this 3✓� day ofufr-r , 2017
CITY OF AUBURN
\(-6.1r‘ 04‘1016
Nancy Bac , Mayor
Resolution No. 5267
December 19, 2016
Page 1
I
ATTEST:
Ld4t( 1/
Danielle E. Daskam, City Clerk
APPR• EDA TO FORM:
/ ri4 A a
D iel B. Heid, .
nAttorney
Resolution No. 5267
December 19, 2016
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ADDENDUM NO. 2
PUBLIC DEFENSE SERVICES CONTRACT
BETWEEN CAYCE & GROVE AND THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this day of January,2017,by and between
The Law Offices of Cayce&Grove,(hereinafter referred to as"the PUBLIC DEFENDER")and the
CITY OF AUBURN,a municipal corporation of the State of Washington(hereinafter referred to as
the "CITY"), as an addendum to the Agreement between the parties for PUBLIC DEFENSE
SERVICES executed on the 3rd day of June, 2013.
WHEREAS, the CITY, desires to continue to receive public defense services from the
PUBLIC DEFENDER as set forth in that written Agreement entitled PUBLIC DEFENSE SERVICES
CONTRACT CITY OF A UB URN WASHINGTON entered into on June, 3, 2013.
WHEREAS,the PUBLIC DEFENDER desires to continue to provide public defense services
to the CITY,
WHEREAS,both parties agree to amend Section IV.of the PUBLIC DEFENSE SERVICES
CONTRACT CITY OF AUBURN WASHINGTON to pay up to Five Hundred and Fifty Thousand
Dollars($550,000.00)annually for the first two thousand and one hundred(2100)cases and agrees
to pay Two Hundred and Twenty Dollars($220.00)per case for any case that exceeds the first two
thousand one hundred (2100), and
WHEREAS, both parties desire to further amend Section V. of the PUBLIC DEFENSE
SERVICES CONTRACT CITY OF A UB URN WASHINGTON to extend the term of the Agreement
for an additional year effective January 1, 2017, and
NOW THEREFORE in,consideration of their mutual covenants,conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1. Compensation to the PUBLIC DEFENDER for public defense services beginning
January 1, 2017 through December 31, 2017 shall be paid at the rate of paid at the rate of
Forty Five Thousand Eight Hundred and Thirty Three Dollars and thirty Three Cents
($45,833.33) per month and includes all appointed cases up to two thousand one hundred
(2100) and the attendance at arraignments as courtesy counsel, and first appearance jail
calendar.The City will be billed Two hundred and Twenty Dollars($220.00)per case for any
appointed case above the first two thousand one hundred (2100) appointed cases. In
addition, the CITY will pay for transcription costs required for the appeal, regardless of
which party files the appeal.
All videotapes,CDs,audiotapes,video disks,photocopies,color copies of images,or
other media associated with discovery shall be provided by the CITY at no cost to the
PUBLIC DEFENDER.
The PUBLIC DEFENDER will submit an invoice no later than the 4th day of each
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month. Pursuant to regular CITY policy regarding payment for services rendered,the CITY
shall make payment to the PUBLIC DEFENDER on the first day following the first CITY
Council meeting following the timely submittal of the PUBLIC DEFENDER report and
invoice.
The PUBLIC DEFENDER agrees and understands that he/she is an independent
contractor and not the agent or employee of the CITY. The manner and means of providing
the professional services herein are under the sole control of the PUBLIC DEFENDER. The
PUBLIC DEFENDER shall be solely responsible for reporting his/her hours, earnings,
income tax, and social security to the applicable federal and state agencies. The PUBLIC
DEFENDER understands that he/she is not entitled to any of the benefits provided by an
employer to employees including,but not limited to,paid leave,health insurance coverage,
retirement programs, and/or unemployment insurance.
2. Section V. of the Public Defense Services Contract entered into June 3, 2013 is
amended to read as follows:
"This Agreement shall remain in full force and effect from January 1,2017,through December 31,
2017. This Agreement may be annually extended or renewed under the terms of this Agreement,or
as modified by a written addendum to the Agreement of both parties,at the conclusion of the term of
this Agreement. Such Agreement shall be in writing, upon Agreement of both Parties.
ITEM FOUR REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement between the parties for Public Defender Services executed on the 3rd day of June 2013,
shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
LAW OF ES OF CA : & GROVE CITY OF AUBURN
��,
By: __‘Allin By: j\r .. le)(40
Its: GL. t ,!�� Nancy Backus, r
Mil,
Attest: Attest:
By: By: itad-te.
Its: Danielle E. Daskam. City Clerk
Ap,t ,oved as to form:
1 Approved as to
I P....... ...,
) A
kallirl
ttorney s—" ' t ove Da•' - B. Heid, City• Attorne y 1
11ZICIA Page 2
ADDENDUM NO. 3
PUBLIC DEFENSE SERVICES CONTRACT
_ �ETWEEN CAYCE & GROVE AND THE CITY OF AUBiJRN
f
THIS ADDENDUM is made and entered into this��of June, 2018,by and befween
. � The Law Offices of Cayce&Grove,(hereinafterreferred to as"the PUBLIC DEFENDER")and the
- _ - CITY OF AUBURN;a municipal corporation of the State of Washington(hereinafter refened to as
the "CITY"), as an addendum to the Agreement between the parties for PUBLIC DEFEIVSE
SERVICES executed on the 3rd day of June, 2013.
�. ...: WHEREAS, the CITY; desires to continue to receive public defense services from the
- PUBLIC DEFENDER as set forth in that written Agreement entitled PUBLICDEFENSE SERVICES
CQNTRACZ CITY OF AUBURN WASHINGTON entered into on June, 3, 2013 and amended by
Addendum No. 2 on January 2, 2017.
- - WHEREAS;the PUBLIG DEFENDER desires to continue to provide public defense services
to the CITY,
- WHEREAS,both parties agree to amend Section IV.of the PUBLICDEFENSE SERVICES
CONTRACTCITYOFAUBURN.WASHINGTONto payup to Six Hundred and SeventyThousand
Dollars($670,000.00)annually for the first two thousand and three hundred and f fty(2;35U)cases
and agrees to pay Two Hundred and Twenty Dollars($220.00)per case for any case that exceeds the
first Two Thousand Three Hundred and Fifty(2,35U), and
�WHEREAS, both parties desire to further amend Section V. of the PUBLIC DEFENSE
SER VICES CONTRACT CITY OF A UB URN WASHINGTON to extend the term of the Agreement
effective June ( , 2018, and
NOW THEREFORE in consideration of their mutual covenants,conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows: •
1. Compensation to the PUBLIC DEFENDER for public defense services beginning
July 1, 2018 through Decernber 31, 2018 shall be paid Three Hundred and Thirty-Five
Thousand dollars ($335,000.00) for six months and will be billed at Fifty-Five Thousand
Eight Hundred and Thirty-Three($55,833.00)dollars per month and includes all appointed
cases up to one thousand one hundred and seventy-five (1,175) and the attendance at
arraignments as courtesy counsel, and first appearance jail calendar. The City will be billed
Two Hundred and Twenty Dollars($220.00)per case for any appointed case above the first
one thousand one hundred and seventy-five(1,175)appointed cases. In addition,the CITY
will pay for transcription costs required for the appeal, regardless of which party files the
appeal.
Compensation to the PUBLIC DEFENDER for public defense services beginning
January 1, 2019 through December 31, 2020, shall be paid Six Hundred and Seventy
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Thousand dollars ($670,000.00) per year and will billed at Fifty-Five Thousand Eight
Hundred and Thirty-Three dollars($55,833.00)per month and includes all appointed cases
- . up to two thousand three huridred and fifty (2,350) and the attendance at arraignments as
• _ courtesy counsel,and first appearance j ail calendar.The City will be billed Two Hunciied and
Twenty Dollars($220.00)per case for any appointed case above the first two thousand three
huridred and fifty(2,350) appointed cases. In addition,the CITY will pay for transcription
costs required for the appeal,regardless of which party files the appeal.
All videotapes,CDs,audiotapes,video disks,photocopies,color copies of images,or
other media associated with discovery shall be provided by the CITY at no cost to the
PUBLIC DEFENDER.
. The PUBLIG DEFENDER will submit an invoice no later than the 4th day of each
_ month: Pursuant:to regular CITY policy regarding payment for services rendered,the CITY
shall make payrnent to the PUBLIC DEFENDER on the first day following the first CITY
Council meeting following the timely submittal of the PUBLIC DEFENDER report and
invoice.
The PUBLIC DEFENDER agrees and understands that he/she is an independent
- contractor and not the agent or employee of the CITY. The manner and means of providing
the professional services herein are under the sole control of the PUBLIC DEFENDER. The
PUBLIC DEFENDER shall be solely responsible for reporting his/her hours, eamings,
_ income tax, and social security to the applicable federal and state agencies. The PUBLIC
DEFENDER understands that he/she is not entifled to any of the benefits provided by an
employer to employees including;but not limited to,paid leave,health insurance coverage,
retirement programs, and/or unemployment insurance.
2. Section V. of the Public Defense Services Contract entered into June 3, 2013 is
amended to read as follows:
"This Agreement shall remain in full force and effect from July 1,2018,through December 31,2020.
This Agreement may be annually extended or renewed under the terms of this Agreement, or as
modified by a written addendum to the Agreement of both parties, at the conclusion of the term of
� this Agreement. Such Agreement shall be in writing,upon Agreement of both Parties."
ITEM FOR REMAINING TERMS LJNCHANGED: That all other provisions of the
Agreement between the parties for Public Defender Services executed on the 3rd day of June 2013,
shall remain unchanged; and in full foree and effect.
Page 2
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
�AW OFFICES OF CAYCE & GROVE CITY OF AUBURN
By: By:
Its: - Nancy Back ayor
Attest: Attest:
By: By: �
Its:� Danielle E. Daskam. City Clerk
Appro as to Appr d as t orm:
Attorn a ce&Grove Daniel B. Heid, City Attorne
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