Amendment 1 to Agreement with Michael T. Westervelt

City of Glendale — Regular Meeting (2024-06-25)

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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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