Amendment 1 to Agreement with Michael T. Westervelt
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C24-0410-1
AMENDMENTN0.1
Public Defender Agreement
(Michael T. Westervelt, Attorney At Law, Contract No. C24-0410)
This Ame¼entNo.
"Amendment'') to the Public Defender Agreement ("Agreement'') is made
this /0 of -71SA.,,o<.:::....½, 024, ("Effective Date"), by and between the City of Glendale, an
Arizona municipal
oration ("City") and Michael T. Westervelt, an attorney licensed by the State
Bar of Arizona ("Attorney'').
RECITALS
A.
City and Attorney previously entered into the Agreement, which the City classified as
Contract No. C24-0410. The date of the contract is May 1, 2024; and
B.
City and Attorney wish to modify and amend the Agreement subject to and strictly in
accordance with the terms of this Amendment.
AGREEMENT
In consideration of the mutual promises set forth in this Agreement and other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, the City and Contractor agree
as follows:
1.
Recitals. The recitals set forth above are not merely recitals, but form an integral part of this
Amendment.
2.
Tenn. The term of the Agreement is unchanged and shall expire on April 30, 2025.
3.
Scope of Work. The introductory portion of Paragraph 4.4 is deleted in its entirety and
replaced by the following language:
"Caseload. No more than 300 active cases will be assigned to Attorney during
the Term of this Agreement, except at the request of Attorney and with written
permission of the Court Administrator. No more than 300 active cases will be
assigned to Attorney during any one-year extensions of this Agreement, except
at the request of Attorney and with written permission of the Court
Administrator. If Attorney is appointed to represent a Defendant who has
more than one court case pending, Attorney will be credited with one
appointment for each additional court case associated with each
Defendant. The parties understand and agree that appointments that are
resolved quickly, such as those in which a bench warrant is issued to a
defendant for a non-appearance, or appointments that are transferred to
another court, do not count toward the 300 active case count The parries also
understand and agree that the concern the parties seek to address in this
paragraph is that the attorney is able to provide effective assistance of counsel
to the attorney's clients. The parties do not wish to focus solely on a numeric
limit of cases given that some case appointments are resolved quickly and with
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05/10/2023