Everett Law Association 12/3/2018

member of the City Administration if such a member agrees to serve. A decision by a majority of the ad hoc committee will be final. 2. Compensation. Effective January 1,2019,the City shall pay to the Public Defender for services rendered under this Agreement the sum of$92,166.00 per month, which is based on a projected case count of 2800 cases per year (such case count, the "Projected Case Count"). In addition to this amount,the City will pay to Public Defender an additional $7,834.00 per month as compensation to Public Defender for costs associated with post-sentencing hearings. Public Defender acknowledges that the City may make changes in its probation and other systems during the term of this Agreement, which may reduce the number of post-sentencing hearings. If such changes are made, the City may reduce this additional compensation on a pro-rata basis as the number of post-sentencing hearings are reduced. The compensation under this Agreement represents the salary and benefits necessary to provide public defense services in accordance with the Standards and as supplemented in Section 2.4 below, along with all infrastructure, support, and systems necessary to comply with the Standards including by way of illustration and not limitation, training, research, secretarial and office facilities, and investigation, translation, and mental and physical evaluation services. As provided in Section 2.5 and its sub paragraphs below,the parties will periodically review staffing in light of changes in court rule and case load in order to adjust staffing based on experience. The parties believe that they have provided sufficient capacity to ensure that, in all respects and at all times,public defense service will comply with the Standards with an adequate reserve capacity for each attorney. The Public Defender additionally agrees and promises that Public Defender will devote full effort to the performance of this Agreement and will undertake no private practice of law or other public contract that would impede its ability to perform under this Agreement or reduce the case count available to each Attorney. 2.1 Case Counts. Based upon case counts maintained by Public Defender and reviewed by the City,the Projected Case Count represents current estimates for annual case counts for all indigent cases filed by the City likely to be assigned to Public Defender. As provided in the Standards, the case counts also include the Public Defender's appearance at all arraignment calendars, an allocation of supervision time and a probation allocation. The terms "case" and "credit" shall be defined in accordance with the Washington State Supreme Court rule and Washington Office of Public Defense guidelines. The City has adopted an unweighted case count. In the event the City or Public Defender determine that it is necessary or advisable to use a weighted case count, either party may propose to the other an alternative standard for caseload limits so long as such standard is fully consistent with the Standards. If the parties agree the proposed alternative standard is fully consistent with the Standards and such alternative standards do not create an undue administrative burden on either party and such proposal alternative is in the best interest of the City, the alternative standard shall incorporated in this Agreement by amendment. 2.2 Adjustment; Internal Allocation. As provided in the Standards,case counts may be revised upwards based upon a variety of factors. Upon the Public Defender's request, the City shall review any particular case with the Public Defender to determine whether greater 5