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Home My WebLink AboutPK15-002 - Amendment - #4 - Stewart MacNichols Harmell, Inc. P.S. - Agreement for Indigent Defense Services - 01/01/2020 Agreement Routing Form KENT For Approvals,Signatures and Records Management WASHINGTON Director initials This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Manager ini als Originator: Lori Guilfoyle Department: Parks Date Sent: 1-8-2020 Date Required: as soon as possible io 0 Authorized Director Date of a to Sign: Council 1-7-2020 Qa Mayor Approval: Budget 10006380,64140.1430 Grant? Yes No Account Number: Type: N/A Vendor Name: Stewart MacNichols Harmell, P.S. Category. Contract Vendor 0 Number: 35369 Sub-Category Amendment E e:e`t g Na a Agreement for Indigent Services Amendment 0 N C Project Details: C for public defense services £ Agreement $1,175,000 Basis for a Amount: Selection of >o��`�GE�p L Contractor: Start Date: January2015 Termination Date: December 31, 2020 Notice required prior to Yes No 1� disclosure? Contract Number: -ad2 Date Received by City Attorney: Comments: � I 3 RECEIVED � 'PIVEn 0 Date Routed to the Mayor's Offic �+ r ha/1 3 /��/ JA a Date Routed to the City Clerk's Office: 21, fo/y�yp City of Kent Date Sent to Originator: Office Of the Mayo, Visit Documents.KentWA.go to obtain copies of all agreements adccW22373_6_19 FOURTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES This Fourth Amendment to Agreement for Indigent Defense Services ("Fourth 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 The parties current Agreement is effective through December 31, 2020. 1.2 On October 17, 2019, the parties signed a Third Amendment to adjust the monthly compensation paid to Contractor for the months of September 2019 through December 2019 to address the volume of criminal case filings, and the impacts to public defense case preparation associated with the Kent Police Department's launch of its officer body worn camera program. The negotiated increase in compensation was authorized only through December 31, 2019, and the Third Amendment expressly provided an additional contract amendment would be needed if the parties determined it was appropriate to provide additional compensation in 2020. 1.3 After further negotiation and evaluation, the parties have agreed to further increase the monthly compensation due Contractor through the remainder of the Agreement's term. NOW THEREFORE, the City and Contractor agree as follows: II. AGREEMENT 2.1 Scope of Serv_ices,_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: FOURTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 1 OF 5 i. Attempts and actual contact with clients within 72 hours of appointment in the manner 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 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 V. 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 to the City under circumstances that do not violate the RPC's (i.e. pursuant to court order). FOURTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 2 OF 5 C. Contractor will maintain and provide to the City a quarterly report detailing: i. The number of cases assigned during the period; le W. The total number of hours spent by Contractor to review the video; iiiv. The number of cases in which an investigator was utilized; iv. The number of cases that were set for jury call including cases in which the defendant failed to appear; vi. 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 FI-FFY ONE MILLION ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($1,175,000) per year, payable on a pro rata basis through equal monthly payments of $79 8 3.-3-3 $97,916.67 per month from January 1, 2020 2019, through December 31, 2020 2919, though the final monthly payment for December of 2020 2019-will be in the amount of $97,916.33 $70 4" FOURTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 3 OF 5 Fnenthly arneunt shall be paid by the City te 2020 threugh DeeengbeF 31, 202G With the Kent Peliee r r m- enth fer- the meRt-hs ef-GetebeF, NeyembeF, and additional funding or ether-wise alteF the annual 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 Fourth 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 Fourth Amendment, are hereby ratified and affirmed, and the terms of the Agreement, as previously amended, and this Fourth Amendment shall be deemed to have applied. FOURTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 4 OF 5 2.5 Authority to Sign. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Fourth Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Fourth Amendment, which will become effective on the last date written below. CITY: CONTRACTOR: CITY OF KENT STEWART MACNICHOLS HARMELL INC., P.S. 71)af\D,- Name: Dana Ralph Name: Ka&j Lwancet.c Title: Mayor Title: IMAuA&w6 PART),SF.2 Date: /14 Mo Date: 12/21/1'� APP ED AS TO FORM: K n ity Attorney's Office S • City Clerk FOURTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES - 5 OF 5