MEETING DATE: 5/24/2022
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Ekam Brar
SBC DEPT FILE NUMBER: 119
SUBJECT:
COUNTY COUNSEL - B. THOMPSON
Approve amendment of current existing contracts with existing public defenders Harry Damkar (level 2) and Pamela Brown (level 3) to May 1, 2025, and authorize the Chair to sign.
SBC FILE NUMBER: 119
AGENDA SECTION:
CONSENT AGENDA
BACKGROUND/SUMMARY:
DISCUSSION OF LEVEL 2 AND 3 REPRESENTATION: A full RFP process was completed one year ago for the public defender services. After careful consideration, the Ad Hoc Committee recommended that the contracts for level 2 and 3 be directly contracted with the County with the aforementioned attorneys.
These contracts expired on May 1, 2022 and the County Administrative Office signed an agreement with both law firms to continue representation through May 2022.
As a result, amendments to the contracts with Harry Damkar and Pamela Brown are proposed that would allow Level 2 and Level 3 services to continue to be provided through May 1, 2025.
COLA:
No COLA is proposed upon execution, but in lieu of a 1.5% increase (in May 2022 and 1.5% increase in May 2022, which would have been similar to the Fitzgerald firm, it is recommended that both contractors receive a 3.0% increase effective November 1, 2022.
No COLA would be received May 2023.
There is a reopener to further discuss a COLA for the year between May 1, 2024-May 1, 2025, which coincide with when the Fitzgerald contract will be subject to an extension. However, if no agreement is reached regarding a COLA, the contract amount would remain unchanged.
Fiscal Issues:
The County currently pays the $162,740 per year for Harry Damkar and $94,662 for Pamela Brown. The attorneys have requested a three year contract, but each contract does contain a termination clause should the County. As of November 1, 2022, these contract will have a yearly amount of $167,622 for Damkar and $97,502.72 for Brown.
RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:
No
CONTRACT NEEDED FOR THIS ITEM:
Yes
CONTRACT AND RFP HISTORY:
The contract with Harry Damkar is the 12th amendment to the original contract. The contract with Pamela Brown is the 7th amendment to the original contract.
LAST CONTRACT AMOUNT OR N/A:
See above.
STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:
11 amendments for Damkar; 6 amendments for Brown
STRATEGIC PLAN GOALS:
BUDGETED:
Yes
Budget Adjustment Needed: N/A
Unfunded Mandate (Is this a mandate not funded by the State): N/A