Laserfiche WebLink
4 <br /> l <br /> guidelines of five hundred thirty-five (535) cases annually per attorney. <br /> The Contractor's duty to perform under this contract will end upon the <br /> expiration of the contract. Prior to that time, Contractor will prepare <br /> motions, show cause hearing orders, and orders authorizing withdrawal <br /> and/or orders authorizing withdrawal and substitution of new attorneys. <br /> If certified mailings are required, the City will reimburse Contractor for <br /> those costs. The parties acknowledge that the replacement of Contractor, <br /> through the above-described mechanism, requires timely notice. <br /> 4. Sections 18.a. and b. of the Agreement shall be amended to read as follows: <br /> a. Introduction. <br /> 1. This Agreement is a performance agreement to allow for variances <br /> in the volume of appointment of clients referred to AAA during the term of <br /> the Agreement. Based upon the experience of the initial year of the <br /> Agreement, AAA has prepared a proposed budget for the remaining term <br /> of the Agreement, which is One Million One Hundred Fifty Thousand <br /> Dollars ($1,150,000). <br /> (a) AAA has prepared that budget with office overhead and <br /> personnel costs calculated on an annual misdemeanor caseload per <br /> attorney ratio of five hundred thirty-five. In the event that AAA, in good <br /> faith, determines that the five hundred thirty-five misdemeanor <br /> cases/attorney ratio is unworkable in order to maintain appropriate quality <br /> standards of representation of individual defendants, it shall notify the City <br /> and the City and AAA shall enter into good faith negotiations for an <br /> amendment to the Agreement to lower that ratio of misdemeanor cases <br /> per attorney. <br /> 2. If the volume of appointments of clients charged with qualifying <br /> City offenses decreases sufficiently to cause a reduction in AAA's actual <br /> budget, the amount paid by the City shall be reduced commensurately. <br /> Similarly, in the event that the volume of clients charged with qualifying <br /> City offenses increases sufficiently to cause an increase in AAA's actual <br /> budget, the amount paid by the City shall increase commensurately. A <br /> representative of the City and a representative of AAA shall meet monthly <br /> to reconcile the case appointments and AAA budget data. Any cost <br /> adjustments shall be made quarterly such that decreases or increases in <br /> the payments specified in this Amendment shall be adjusted on the first <br /> month following the quarterly reconciliation. The City shall be provided <br /> with all reasonable documentation that it shall require to evaluate any <br /> AAA budget and/or expense item. If a dispute arises as to whether the <br /> amount paid by the City is required to increase or decrease as set forth <br /> herein, the dispute shall be resolved by a neutral third party certified <br /> public accountant agreed upon by the City and AAA. <br /> ii 3 <br />