4762 Public Defender Amendment 1 Christopher J. Palmisano Slot 1 and VCMHSC
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Page 1 of 4 City Clerk Document No. City Council Meeting Date: May 22, 2025 AMENDMENT TO CITY OF CHANDLER AGREEMENT PUBLIC DEFENDER SERVICES CITY OF CHANDLER AGREEMENT NO. CC4-961-4762, SLOT 1, VETERANS COURT AND MENTAL HEALTH AND SUPPORT COURT THIS AMENDMENT NO. 1 (Amendment No. 1) is made and entered into by and between the City of Chandler, an Arizona municipal corporation (City), and Christopher J. Palmisano of Law Offices of Christopher J. Palmisano, PLC (Contractor), (City and Contractor may individually be referred to as Party and collectively referred to as Parties) and made , 20 (Effective Date). RECITALS WHEREAS, the Parties entered into an agreement for public defender service for Veterans Court and Mental Health and Support Court (Agreement); and WHEREAS, the term of the Agreement was July 1, 2024, through June 30, 2025, with the option of up to four (4) one-year extensions; and WHEREAS, the Parties wish to exercise the first option through this Amendment to extend the Agreement for one year; and WHEREAS, the Parties wish to expand the scope of services provided by Contractor under the Agreement to include public defender services for Slot 1. AGREEMENT NOW THEREFORE, the Parties agree as follows: 1. The recitals are accurate and are incorporated and made a part of the Agreement by this reference. 2. Section III is amended to read as follows: The Agreement is extended for a one-year period from July 1, 2025, through June 30, 2026. Page 2 of 4 3. Exhibit A, Scope of Services, is amended to add the Public Defender Slot 1 Schedule as follows: APPEARANCE TIME The Contractor will provide services in a regular full-time assignment. Contractor will appear regularly for two (2) full day sessions and one (1) half-day session every other week (i.e., 2.5 days every other week/total of five (5) days per month) as follows: - One (1) half-day appearance, Jail court (8:30 AM to 11:00 AM) - Two (2) full-day appearances, regular docket (8:30 AM to Noon, 1:30 PM to 5:00 PM) The Contractor will appear according to the following schedule. COURTROOM 4 PUBLIC DEFENDER SLOT 1 SCHEDULE (WEEK 1) Public Defender assigned to courtroom 4, week 1. TUESDAY AM Jail Court PM Pre-Trial Conference WEDNESDAY AM Pre-Trial Conference PM Pre-Trial Conference THURSDAY AM Trials/Hearing 4. Section IV is amended to read as follows: Unless amended in writing by the Parties, Contractor's compensation and fees as more fully described in Exhibit B for performance of the services approved and accepted by the City under this Agreement must not exceed $105,000 ($100,000 annual compensation and up to $5,000 in other compensation approved by the Court). 5. Exhibit B, Compensation and Fees, is amended to delete Sections 1 and 2 and replace them with the following: 1. Full-time and Part-time Assignments: For performance of all duties and responsibilities set forth in this Agreement, Contractor shall be compensated at the rate of $100,000.00 (One Hundred Thousand Dollars) per year payable in monthly installments of $8,333.33, pro-rated for months in which Contractor did not perform services for all or part of the month. This Agreement does not establish a cap on the number of cases assigned for this level of compensation. Compensation is all inclusive for the performance of services for all matters set in the Court as described in Exhibit A and, except as otherwise provided herein, includes all labor, travel, and expenses through completion of the work and any continuing ethical obligations to represent assigned defendant(s) that were assigned prior to the end of this Agreement. Page 3 of 4 2. under the Agreement shall be allocated according to assignment as follows: a. Regular Full-time Assignment (Slot 1): For performance of duties and responsibilities associated with the full-time assignment to Slot 1, Contractor shall be compensated at the rate of $68,000.00 (Sixty-Eight Thousand Dollars) per year payable in monthly installments of $5,666.67, pro-rated for months in which Contractor did not perform services for all or part of the month. b. Mental Health and Support Court Assignment (Part-time): For performance of duties and responsibilities associated with the part-time assignment to the Mental Health and Support Court, Contractor shall be compensated at the rate of $20,000.00 (Twenty Thousand Dollars) per year payable in monthly installments of $1,666.66, pro-rated for months in which Contractor did not perform services for all or part of the month. c. East Valley Regional Veterans Court Assignment (Part-time): For performance of duties and responsibilities associated with the part-time assignment to the Veterans Court, Contractor shall be compensated at the rate of $12,000.00 (Twelve Thousand Dollars) per year payable in monthly installments of $1,666.66, pro-rated for months in which Contractor did not perform services for all or part of the month. 6. The amendments of Section IV and Exhibit B, which incorporate an increase in annual compensation for the Regular Full-time Assignment, are conditioned on approval by the City is not approved by the City Council, the Agreement will be amended as follows: a. Section IV will be amended to state: Unless amended in writing by the Parties, Contractor's compensation and fees as more fully described in Exhibit B for performance of the services approved and accepted by the City under this Agreement must not exceed $97,000 ($92,000 annual compensation and up to $5,000 in other compensation approved by the Court). b. Exhibit B, Section 1 will be amended to state: Full-time and Part-time Assignments: For performance of all duties and responsibilities set forth in this Agreement, Contractor shall be compensated at the rate of $92,000 (Ninety-Two Thousand Dollars) per year payable in monthly installments of $7,666.67, pro-rated for months in which Contractor did not perform services for all or part of the month. This Agreement does not establish a cap on the number of cases assigned for this level of compensation. c. Exhibit B, Section 2.a. will be amended to state: Regular Full-time Assignment (Slot 1): For performance of duties and responsibilities associated with the full-time Page 4 of 4 assignment to Slot 1, Contractor shall be compensated at the rate of $60,000.00 (Sixty Thousand Dollars) per year payable in monthly installments of $5,000, pro-rated for months in which Contractor did not perform services for all or part of the month. 7. All other terms and conditions of the Agreement remain unchanged and in full force and effect. If a conflict or ambiguity arises between this Amendment No. 1 and the Agreement, the terms and conditions in this Amendment No. 1 prevail and control. IN WITNESS WHEREOF, the Parties have entered into this Amendment on the Effective Date. FOR THE CITY FOR THE CONTRACTOR By: _________________________________________ By: _________________________________________ Its: _________________________________________ Its: _________________________________________ APPROVED AS TO FORM: By: _________________________________________ City Attorney ATTEST: By: _________________________________________ City Clerk