Loading...
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 Page 2 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 Page 1 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 Page 1 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 Page 3