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| ARF- 4331 |
Consent Agenda Item 4. B.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Amendment No 2 to Professional Services Contract No. 041515-5. |
| Background Information |
Each year the Superior Court in Gila County retains various attorneys to provide professional legal services, such as representation for indigent citizens in the categories of felony and misdemeanor criminal actions, delinquency, dependency, and mental health cases, as well as mediation services.
On June 9, 2015, the Board approved Professional Services Contract No. 041515-5 with Tait Elkie of Fountain Hills Law Firm, whereby Mr. Elkie agreed to provide legal services for indigent citizens as appointed by the Superior Court in Gila County for a period from July 1, 2015, to June 30, 2016. The initial contract was executed for a not to exceed, without written authorization amount of $19,848.
On July 26, 2016, the Board approved Amendment No. 1 to extend the term of the contract from July 1, 2016, to June 30, 2017, with a not to exceed contract amount of $19,848; added the following language to the contract - In the event of formal discipline of the Attorney by the State Bar of Arizona; the Court may suspend or terminate the contract; and modified the contract to assert that the "Attorney" under contract with Gila County Superior Court is "Tait Elkie." |
| Evaluation |
Due to the change in the Rule of Criminal Procedure, 6.1., Attorney Elkie will provide limited scope advocacy to determine release conditions for criminal misdemeanors in which the Defendant is detained. This has caused the original contract amount of $19,848 to be exceeded.
Professional Services Contract No. 041515-5 expires on June 30, 2017. Amendment No. 2 has been issued to extend the contract term for an additional one-year period, from July 1, 2017, to June 30, 2018; increase the contract amount by an additional $1,000 for the contract term of July 1, 2016 to June 30, 2017; increase the contract amount by an additional $6,000 for the contract term of July 1, 2017 to June 30, 2018; and add the following language to the contract: Contractor hereby certifies that it is not currently engaged in, and will not, for the duration of this agreement engage in, a boycott of Israel as defined by A.R.S. §35-393.01. Violation of this certification by Contractor may result in action by County up to and including termination of this Agreement. |
| Conclusion |
| Court Administration has requested the approval of Amendment No. 2 to Professional Services Contract No. 041515-5 to extend the contract term for an additional one-year period, from July 1, 2017, to June 30, 2018; increase the contract amount by an additional $1,000 for the contract term of July 1, 2016, to June 30, 2017; increase the contract amount by an additional $6,000 for the contract term of July 1, 2017, to June 30, 2018; and add the following language to the contract: Contractor hereby certifies that it is not currently engaged in, and will not, for the duration of this agreement engage in, a boycott of Israel as defined by A.R.S. §35-393.01. Violation of this certification by Contractor may result in action by County up to and including termination of this Agreement. |
| Recommendation |
| It is the recommendation of Jonathan Bearup, Superior Court Administrator, that the Board of Supervisors approve Amendment No 2 to Professional Services Contract No. 041515-5 to extend the contract term for an additional one-year period, from July 1, 2017, to June 30, 2018; increase the contract amount by an additional $1,000 for the contract term of July 1, 2016, to June 30, 2017; increase the contract amount by an additional $6,000 for the contract term of July 1, 2017 to June 30, 2018; and add statutorily required language to the contract. |
| Suggested Motion |
| Approval of Amendment No. 2 to Professional Services Contract No. 041515-5 between the Superior Court in Gila County and Fountain Hills Law Firm to extend the contract term for an additional one-year period, from July 1, 2017, to June 30, 2018; increase the contract amount by an additional $1,000 for the contract term of July 1, 2016, to June 30, 2017; increase the contract amount by an additional $6,000 for the contract term of July 1, 2017, to June 30, 2018; and add statutorily required language to the contract. |
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