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HomeMy WebLinkAboutPK12-074 - Amendment - #1 - Stewart MacNichols & Harmell Inc - Indigent Defense Services - 10/10/2014 A"¢} wflx3s'S'ry \ Records Management% 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 -000,0-"�. 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) Its PAK5) ck— Prikt Nam ¢al,:% {� (title) Its tf' �q DATE: 10 Z /i 4 (title) DATE: APPROVED AS TO FORM: (appficable if Mayor's signature required) '. E Kent Law epartment v cniFl tlmI6 V-lyMk06cw C«uri M1A5TMilt.(..R01@I-A¢oEmJIml013<ss 1 AMENDMENT - 2 OF 2 Z KEN T 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. i EXHIBITS: Resolution and Contracts RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACT: None