DATE: June 21, 2022
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, County Administrative Officer
SUBJECT: Agreement with Fitzgerald, Alvarez & Ciummo, A Professional Law
Corporation, for Alternate Indigent Defense Services and Lease for Office Space
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute an Agreement with Fitzgerald, Alvarez & Ciummo, A Professional Law Corporation, for the provision of Alternate Indigent Defense Services for legal representation of indigent defendants in the event of unavailability or conflict of the Public Defender, effective July 1, 2022, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed ($29,564,952); and
2. Approve and authorize the Chairman to execute a Lease Agreement with Fitzgerald, Alvarez & Ciummo, A Professional Law Corporation, under County Ordinance 13.28.030(a) for use of 1,200 square feet of County owned office space located at 3333 E. American Ave, Fresno, CA 93726, which property is not required for County use at this time, for the provision of Alternate Indigent Defense Services for legal representation of indigent juvenile defendants in the event of unavailability or conflict of the Public Defender, effective July 1, 2022, not to exceed five consecutive years, which includes a three-year initial term and two optional one-year extensions (Revenue 5 years - $93,908).
REPORT
There is an increase in Net County Cost associated with the first recommended action. However, the increase will be included in the FY 2022-23 Recommended Budget and future recommended budgets. Alternate Indigent Defense services are mandated legal defense services for indigent criminal defendants when the Public Defender declares a conflict of interest. Appropriations for court appointed attorneys and ancillary defense services in capital cases under Penal Code Section 987.9 are also included in the recommended agreeme...
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