HomeMy WebLinkAboutPK12-074 - Amendment - #1 - Stewart MacNichols & Harmell Inc - Indigent Defense Services - 10/10/2014 A"¢} wflx3s'S'ry
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T KEN Document
KEN
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission j
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Stewart MacNichols Harmell, Inc., P.S.
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: Indigent Defense Services Agreement Amendment No. 1
Description: ❑ Interlocal Agreement ❑ Change Order x Amendment ❑ Contract
❑ Other:
Contract Effective Date: 3/20/2012 Termination Date: 12/31/2014
Contract Renewal Notice (Days): 40
Number of days required notice for termination or renewal or amendment
Contract Manager: Katherin Johnson Department: Parks Human Services
Contract Amount: $56,000 per month incl amendment of $10 000/mo
Approval Authority: (CIRCLE ONE) Department Directo Mayor City Council
Detail: i.e. address, location, parcel number, tax id, etc.):
The amendment increase the original $46,000 per month agreement by $10,000 to equal
$56,000 per month _
As of: 08/27/14
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KENT
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Stewart MacNichols Harmell Inc P.S.
CONTRACT NAME & PROJECT NUMBER: Agreement for Indigent Defense Services
ORIGINAL AGREEMENT DATE: March 20, 2012
This Amendment is made between the City and the above-referenced Contractor and
amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Contractor's work is
modified as follows:
1. Section XXVII of the Agreement, entitled "Compensation," is modified by inserting
the following new subsection B to Section XXVII, entitled, "Limited Additional Service Payment":
In order to prepare for and meet expected changes to public defense
workload and performance standards expected to be implemented on
January 1, 2015, the Contractor has asked to add additional staff
attorneys in advance of that date. In consideration for a Payment
increase in the amount of TEN THOUSAND DOLLARS ($10,000) for the
months of October through December 2014 (a revised total monthly
payment of $56,000 for October through December, 2014), the
Contractor will hire and train at least two additional staff attorneys as
soon as possible.
2. Former subsections "B. Billing," and "C. Payment," are renumbered as "C.
Billing," and "D. Payment."
The Contractor accepts all requirements of this Amendment by signing below, by its
signature waives any protest or claim it may have regarding this Amendment, and acknowledges
and accepts that this Amendment constitutes full payment and final settlement of all claims of
any kind or nature arising from or connected with any work either covered or affected by this
Amendment, including, without limitation, claims related to contract time, contract acceleration,
onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided,
does not relieve the Contractor from strict compliance with the guarantee and warranty
provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
AMENDMENT - 1 OF 2
STEWAARRT M/A�CNICHOLS HARMELL, INC., P.S. CITY OF KENT:
By:
(signature) By:
Print Name: )��N KA¢�,ft-t— (signature)
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DATE: 10 Z /i 4 (title)
DATE:
APPROVED AS TO FORM:
(appficable if Mayor's signature required) '.
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Kent Law epartment
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AMENDMENT - 2 OF 2
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w.= oN Agenda Item: Consent
TO: City Council !
I
DATE: March 6, 2012
SUBJECT: Indigent Defense Services Findings Resolution - Adopt
MOTION: Move to adopt the resolution adopting findings relating to
indigent defense service contracts and authorizing the Mayor to enter into
indigent defense contracts with the law firms of Stewart, Beall, MacNichols
and Harmell, Inc., P.S., and Jordan Law Office,'P.S.
SUMMARY: In support of authorizing the Mayor to sign contracts with the law firm
of Stewart, Beall, MacNichols, and Harmell, Inc., P.S. ("SBMH"), and the Law Office
of Michael Jordan, P.S. ("Jordan"), for the provision of indigent defense services,
the City Council makes the findings as set forth in this resolution. In addition, the
City Council authorizes the Mayor to sign the contracts with SBMH and Jordan.
The City is required by statute and the Constitution to provide an attorney for
individuals unable to afford legal representation when charged with a crime filed in
the Kent Municipal Court. SBMH, which is located in Kent, is currently under
contract to provide this service. In addition, Jordan, a Tacoma law firm, is currently
under contract to provide indigent defense services in cases in which SBMH cannot
provide services due to a conflict of interest. Staff recommends continuing to
contract with SBMH and Jordan from April 1st, 2012 through December 31", 2014.
On April 19, 2011, the City Council passed Resolution No. 1843, which adopted
various standards for indigent defense services in order to ensure that indigent
defendants receive effective assistance of counsel as required by the state and
federal Constitutions. While those standards were adopted into the then existing
indigent defense service contracts, these new contracts better incorporate those
standards, and create a number of mechanisms to ensure that indigent defendants
are receiving effective assistance of counsel. The new contracts incorporate
caseload levels, complaint processing procedures, training requirements, and
review requirements. The contracts were reviewed by an outside attorney
consultant to ensure that Kent's system of public defense would provide indigent
defendants with a constitutionally appropriate level of service. There has been no
increase in the monthly payments due the contractors.
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EXHIBITS: Resolution and Contracts
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACT: None