DATE: March 24, 2020
TO: Board of Supervisors
SUBMITTED BY: Jean M. Rousseau, County Administrative Officer
SUBJECT: Second Amendment to Agreement for Conflict Defense Services and Budget Resolution
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute Second Amendment to Agreement No. 17-226-1 with Fitzgerald, Alvarez & Ciummo, a Professional Law Corporation, for conflict defense services, effective upon execution with no change to the term of July 1, 2017 through June 30, 2022 and increasing the maximum by $140,000 to a total of $23,276,307; and
2. Adopt Budget Resolution increasing the FY 2019-20 appropriations for the Alternate Indigent Defense Budget Org 2875 in the amount of $650,000, using available Fund Balance in the General Fund 0001 (4/5 vote).
REPORT
There is a $650,000 increase in Net County Cost associated with the recommended actions. The recommended actions will modify the agreement to reflect a change in the law firm's name that provides conflict defense services for the County from Richard A. Ciummo & Associates, a Professional Law Corporation, to Fitzgerald, Alvarez & Ciummo, a Professional Law Corporation, as Michael Fitzgerald is now the principal owner of the law firm. The recommended actions will also provide an additional $140,000 in ancillary fees for the conflict defense agreement and $510,000 in appropriations to the Alternate Indigent Defense Budget Org 2875. Both the agreement for conflict defense services and court appointed claims are paid out of this budget. Additional funds are needed due to an increase in costs associated with court-appointed claims and ancillary fees for the Alternate Indigent Defense agreement. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. If the recommended actions are not approved, there will not be enough funds to cover ancillary fees for the Alternate Indigent Defense agreement and court claims, and the name of the law firm on th...
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