2008/06/25 Council Agenda Packet

extend the expiration date from June 30, 2008, to June 30, 2009; (d) clarify compensation to be paid to AAA; WHEREAS, AAA has had experience throughout the initial year of the Agreement and has determined that its caseload per attorney may reasonably be increased based upon the manner in which the caseload calculations are made under the Agreement. Thus, the parties are in agreement to amend the Agreement to increase the caseload per attorney to 535 misdemeanor cases per year which increased caseload will be monitored to assure that appropriate standards for individuals' defense are maintained. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and AAA agree to amend and modify the Agreement as follows: 1. Section 3.m. of the Agreement is amended to read as follows: The Contractor agrees to utilize Notice of Appearance Forms provided by the Everett Municipal Court, which includes a notice statement that Defendants are obligated to pay the Indigent Defense Recovery Fee in the amount established by the Court. The Contractor's duty of representation shall not be affected in any way by the payment or non-payment of such fees. 2. Section 5.b. of the Agreement is amended to read as follows: The Contractor shall have its annual financial statements relating to this Agreement audited by an independent Certified Public Accountant and shall provide the City with a copy of such audit no later than August 15, 2008 for the initial contract year and not later than August 15, 2009 for the extension contract year. The independent Certified Public Accountant shall issue an internal control or management letter and a copy of these findings shall be provided to the City along with the annual audit report. All audited financial statements shall be based on the accrual method of accounting for revenue and expenditures. Financial statements shall be prepared in accordance with Generally Accepted Accounting Principles and shall include a balance sheet, an income statement and a statement of changes in cash flow. 3. Section 17 of the Agreement is amended to read as follows: The Contractor shall accept all appointments from July 1, 2007 through June 30, 2009 in accordance with the standards currently in use or recommended for misdemeanor annual attorney caseloads for municipal court. Subject to guidelines for annual attorney caseloads for misdemeanors adopted by the court, State of Washington Office of Public Defense or Washington State Bar Association, the parties agree to the 2 v