2007/03/07 Council Agenda Packet

8 AMENDMENT NO. 1 TO THE JUNE 1, 2006 ADDENDUM TO AGREEMENT FOR COURT-APPOINTED LEGAL REPRESENTATION OF DEFENDANTS THIS AMENDMENT made and entered into this day of February, 2007,by and between the City of Everett ("City") and Ross A. Miller,hereinafter referred to as "Attorney". WHEREAS, the City entered into an Addendum to its agreement with Attorney dated July 1, 2006 and ending June 30, 2007; and WHEREAS,under said Addendum Attorney is entitled to be paid on a per-case basis with a reconciliation between the minimum monthly rate and the per-case rate at the end of the contract term; and WHEREAS,because of changes in the procedures at Everett Municipal Court the number of per-case assignments has increased beyond what had been estimated as a basis for the Addendum causing an unanticipated increase in the estimated amount due upon reconciliation; WHEREAS,the parties seek to resolve the problem caused by the increase to establish two reconciliation periods, one at approximately mid contract and one at the end of the contract term. NOW, THEREFORE,the City and Attorney mutually agree to Amendment No. 1 of the June 1, 2006 Addendum To The Agreement For Court-Appointed Legal Representation For Defendants as follows: Paragraph 8 is amended to read as follows: In the period of July 1, 2006 through June 30, 2007 the Attorney shall be paid in twelve (12) monthly installments of Forty Seven Thousand, Eighty three Dollars ($47, 083.00) for a twelve month total of Five Hundred Sixty Five Thousand Dollars ($565,000.00). Provided however, between December 31, 2006 and July 1, 2007, Attorney shall provide the City a calculation of the fee based on the per-case fees set forth above for the period July 1, 2006 until December 31, 2006. If the total calculated fee amount is less than six (6) times the monthly amount set forth in this paragraph, there will be no adjustment. If the total calculated fee amount based on the per-case fees set forth above is greater 1