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Home My WebLink AboutPK15-002 - Amendment - #3 - Stewart MacNichols Harmell, Inc. P.S. - Agreement for Indigent Defense Services - 10/17/2019 Agreement Routing Form h,q . o , l KEN T For Approvals,Signatures and Records Management Director initia I WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Manager initials Originator: Lori GUilfoyle Department: Parks Date Sent: 10-9-2019 Date Required: Soonest possible please :0 Authorized Director Date of p, to Sign: Council 12 - 9-14 aMayor Approval: Budget 10006380.64140.1430 Grant? Yes ✓❑ No Account Number: Type: N/A Vendor Name: Stewart MacNichols Harmell, INC, PS Category: Contract Vendor 35369 c Sub-Category Amendment 0 Number: a Project E Name: Agreement for Indigent Defense Services 0 CProject The 3rd Amendment to Agreement for Indigent Defense Services addresses the compensation paid for services and the Contractor quarterly reporting requirements.The increase in _ compensation Is due to the anticipated reduction in case filings proposed In 2018 have not resulted and the contractor's work will be additionally Impacted by the Kent Police Department's Details. deployment of body worn cameras.The Amendment increases payment of services by$10,000 per month for October,November and December 2019. r- EAgreement 30 000 Basis for 0 Amount: Selection of Direct Negotiation a Contractor: a Start Date: 10- - 12-31-2019 /-/`o20/S Termination Date: Notice required prior to Yes No Contract Number: disclosure? Date ReeFF C' Attorney: Comments: EIVED 0 OCT 16 2019 N EQ L KEww� ®T �v �,/A'' DEPT.a Date Routed to the Mayor's Office: 0 C T 16 2PIC,, d Date Routed to the City Clerk's Office: '� /4,///j City of Kent Date Sent to Originator: Office of the Mayor Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 THIRD AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES This Third Amendment to Agreement for Indigent Defense Services ("Third Amendment") is made between the CITY OF KENT, a Washington municipal corporation ("City") and STEWART MACNICHOLS HARMELL, INC., P.S., a Washington professional services corporation ('Contractor"), and amends the parties' Agreement for Indigent Defense Services ("Agreement") executed on December 22, 2014, with an Effective Date of January 1, 2015. I. RECITALS 1.1 Through a Second Amendment to the Agreement, the parties extended the Agreement's term through December 31, 2020. 1.2 The Second Amendment also revised the compensation paid to Contractor under the Agreement due to changes the parties anticipated in criminal case filings. The anticipated changes in case filings have not resulted, and Contractor's work will additionally be impacted by the Kent Police Department's deployment of body worn cameras to all of its officers. The parties therefore wish to further amend the Agreement through this Third Amendment to address these impacts to Contractor's work. NOW THEREFORE, the City and Contractor agree as follows: II. AGREEMENT 2.1 Scope of Services, Standards and Warranties. Section XIII.B. and XIII.C. of the Agreement are amended to add tracking and reporting requirements for body camera footage as follows: XIII. SCOPE OF SERVICES, STANDARDS AND WARRANTIES B. The Contractor will develop a system that properly records interactions and work performed on behalf of public defense clients to include: i. Attempts and actual contact with clients within 72 hours of appointment in the manner THIRD AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 1 OF 5 developed by the contractor to protect client confidentiality; ii. Responses to jail kites (requests for assistance from inmates incarcerated in the Kent Correctional Facility); iii. The number of cases where review of body worn camera video is provided and the total number of hours spent by Contractor to review the video. iv_++. Documentation of the following topics that shall be discussed with clients to include but not be limited to: 1. Possible defenses 2. Need for independent investigation 3. Existing physical or mental health issues 4. Immigration status and consequences 5. Client goals 6. Possible dispositions 7. Need for additional discovery 8. Possible case disposition in the manner developed by the contractor to protect client confidentiality viv. In the event a defendant who has been assigned a public defender wishes to enter a plea of guilty at his or her first meeting with the Public Defender, documentation demonstrating the Public Defender's information and statement to the defendant about the risks associated with a plea at that time. This information will only be turned over THIRD AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 2 OF 5 to the City under circumstances that do not violate the RPC's (i.e. pursuant to court order). C. Contractor will maintain and provide to the City a quarterly report detailing: i. The number of cases assigned during the period; ii. The number of cases where review of body worn camera video is provided; iii. The total number of hours spent by Contractor to review the video; M4. The number of cases in which an investigator was utilized; v_i4. The number of cases that were set for jury call including cases in which the defendant failed to appear; vi+v. The number and type of criminal cases handled outside of this contract, including cases assigned by another public entity to the attorneys assigned to this contract; and vii. The percentage of the Contractor's practice spent in private defense representation, civil or other non-criminal matters y the attorneys assigned to this contract. 2.2 Payment for Indigent Defense Services. Section XXVII.A. of the Agreement is amended as follows: A. Payment for Services. The City shall provide to Contractor for services rendered under this Agreement the sum of EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($850,000) per year, payable on a pro rats basis through equal monthly payments of $70,833.33 per month from January 1, 2019, through December 31, 2019, though the final monthly payment for December of 2019 will be in the amount of $70,833.37. If Council approval and ratification is obtained as required by the Second Amendment to extend the THIRD AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 3 OF 5 Agreement for an additional one year term, the same monthly amount shall be paid by the City to Contractor for services rendered from January 1, 2020, through December 31, 2020. With the Kent Police Department's implementation of body worn cameras, the City agrees to provide Contractor additional compensation of $10,000 per month for the months of October, November, and December of 2019. This additional compensation will cease after December 31, 2019, unless the parties negotiate a subsequent amendment to extend this additional funding or otherwise alter the annual compensation amount of $850,000 for the final term of the Agreement. Contractor shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Contractor's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. 2.3 Remaining Provisions Unchanged. All other provisions of the original Agreement, as previously amended, and not inconsistent with this Third Amendment shall remain in full force and effect. 2.4 Ratification. All acts consistent with the authority of the Agreement and prior to the effective date of this Third Amendment, are hereby ratified and affirmed, and the terms of the Agreement, as previously amended, and this Third Amendment shall be deemed to have applied. 2.5 Authority to Sign. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Third Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Third Amendment, which will become effective on the last date written below. CITY: CONTRACTOR: CITY OF KENT STEWART MACNICHOLS HARMELL INC., P.S. THIRD AMENDMENT TO AGREEM FOR INDIGENT DEFENSE SERVICES - 4 OF 5 Name: Dana Ralph Name: KF-'.>3 HAPAf— Title: Mayor Title: FAMSFP-'— Date: Date: O APP VED AS TO FORM: K t ity Attorney's Office Cit Clerk THIRD AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 5 OF 5