DATE: June 16, 2026
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, County Administrative Officer
SUBJECT: Retroactive Amendment No. 2 to Agreement with Fitzgerald, Alvarez & Ciummo, Budget Resolutions, and Resolution for Alternate Indigent Defense Services
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute retroactive Amendment No. 2 to Agreement No. 22-249 with Fitzgerald, Alvarez & Ciummo, A Professional Law Corporation, for alternate indigent defense services, effective July 1, 2022, with no change to the term of July 1, 2022 through June 30, 2027, and increasing the maximum compensation by $380,425 to a total of $30,069,876;
2. Adopt Budget Resolution increasing FY 2025-26 appropriations for Alternate Indigent Defense Org 2875 in the amount of $458,555 and estimated revenues in the amount of $52,041 (4/5 vote);
3. Adopt Budget Resolution decreasing FY 2025-26 appropriations for Approp for Contingencies Org 8210 in the amount of $483,257 (4/5 vote); and
4. Adopt Resolution authorizing the County to use interest accrued and any additional interest that may accrue on advanced Public Defense Pilot Program grant funds to pay for eligible Public Defense Pilot Program costs, subject to compliance with applicable grant requirements.
REPORT
The is no increase in Net County Cost (NCC) associated with the recommended actions. The recommended actions approve a retroactive amendment to Agreement No. 22-249 (Agreement) with Fitzgerald, Alvarez & Ciummo (FAC), A Professional Law Corporation, to align the Agreement's compensation schedule, annual compensation limits, and exhibit with Public Defense Pilot Program (PDPP) services and Public Defender unavailability services provided during prior and current agreement years; adopt budget resolutions increasing FY 2025-26 appropriations and estimated revenues in Alternate Indigent Defense (AID) Org 2875 and decreasing FY 2025-26 appropriations in Approp for Contingencies Org 8210; and auth...
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