HomeMy WebLinkAbout4381RESOLUTION NO. 4 3 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO AMEND THE CONTRACT FOR PUBLIC
DEFENSE SERVICES FOR CALENDAR YEAR 2008 BETWEEN
THE CITY AND THE LAW OFFICES OF MATTHEW J. RUSNAK
WHEREAS, the State legislature finds that effective legal representation
should be provided for indigent persons consistent with the constitutional
requirements of fairness, equal protection, and due process in all cases where
right to counsel attaches; and
WHEREAS, the City of Auburn Municipal Court presides over cases
involving indigent persons and the City of Auburn provides Public Defense
Services; and
WHEREAS, the City of Auburn contracts its Public Defense Services
with the law offices of Matthew J. Rusnak through December 31, 2008; and
WHEREAS, the case load for the pretrial calendar of the City of Auburn
Municipal Court has increased to a level that requires the operation of two
simultaneous court rooms; and
WHEREAS, the operation of an additional court room will require the
services of two additional public defenders; and
Resolution 4381
July 15, 2008
Page 1
WHEREAS, the current contract providing public defender services was
written for staffing one pretrial court room; and
WHEREAS, the PUBLIC DEFENDER must hire two additional attorneys
from August 1, 2008 through December 31, 2008 to staff the 21 pretrial
calendars during that period, at a cost of $8,800; and
WHEREAS, the City's 2008 budget for public defense services will not
be exceeded.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The City Council hereby authorizes the
execution of Addendum 1 to the public defense services contract between the
City of Auburn and THE LAW OFFICES OF MATTHEW J. RUSNAK. A copy of
said Addendum is attached hereto and denominated Exhibit "A" and
incorporated by reference.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 3. Effective Date. This resolution shall be in full force and
effect upon passage and signatures hereon.
Resolution 4381
July 15, 2008
Page 2
1
DATED and SIGNED this ?day of 614 2008.
CITY BURN
PETER B. LEWIS
MAYOR
ATTEST:
Da Ile E. Daskam
City Clerk
APPROVED AS TO FORM:
Resolution 4381
July 15, 2008
Page 3
City Attorney
ADDENDUM NO. I
ADDENDUM TO THE PUBLIC DEFENSE SERVICES AGREEMENT BETWEEN THE
LAW OFFICES OF MATTHEW RUSNAK AND THE CITY OF AUBURN RELATING
TO PUBLIC DEFENDER SERVICES
THIS ADDENDUM is made and entered into this day of ?,-
2008, by and between the Law offices of Matthew Rusnak, (hereinafter referrM to as "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 Defender services executed on the 10th day of October, 2005.
WITNESSETH:
WHEREAS, the case load for the pretrial calendar of the City of Auburn Municipal Court
has increased to a level that requires the operation of two simultaneous court rooms; and
WHEREAS, the operation of an additional court room will require the services of two
additional public defenders; and
WHEREAS, the current contract providing public defender services was written for staffing
one pretrial court room; and
WHEREAS, the PUBLIC DEFENDER must hire two additional attorneys from August 5,
2008 through December 30, 2008 to staff the 21 pretrial calendars during that period, at a cost of
Eight Thousand Eight Hundred Dollars ($8,800.00); and
WHEREAS, the City's 2008 budget for public defense services will not be exceeded.
NOW THEREFORE IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
CONDITIONS AND PROMISES, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:
ITEM ONE REVISION TO COMPENSATION: That Section IV of the Public Defense
Services Contract is amended to read as follows:
Compensation to the PUBLIC DEFENDER for public defense services beginning January 1,
2008 through December 31, 2008 shall be increased to Two Hundred Two Thousand Three Hundred
Dollars ($202,300.00), paid in monthly installments of Sixteen Thousand One Hundred Twenty-Five
Dollars ($16,125.00) from January 1, 2008 through July 31, 2008 and Seventeen Thousand Eight
Page 1
Hundred Eighty-Five ($17,885.00) from August 1, 2008 through December 31, 2008.
ITEM TWO REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement between the parties for public defense services executed on the 10'h day of October, 2005,
shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
near first above written.
PUI
By:
Its:
CITY
By:
Peter B. Lewis, Mayor
Attest:
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By: La<(1: ??
Danielle E. Daskam, City Clerk