HomeMy WebLinkAboutPK15-002 - Amendment - #5 - Stewart MacNichols Harmell, Inc. P.S. - Agreement for Indigent Defense Services - 01/01/2021ApprovalOriginator:Department:
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Agreement Routing Form
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This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
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Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
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rev. 200901
FOR CITY OF KENT OFFICIAL USE ONLY
Agreement for Indigent Services Contract
December 14, 2020
Link to original contract documents.
OK to sign, 12/14/2020, TW.
FIFTH AMENDMENT TO AGREEMENT FOR
INDIGENT DEFENSE SERVICES – 1 OF 3
FIFTH AMENDMENT
TO
AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Fifth 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 January 14, 2020, the parties signed a Fourth Amendment to adjust
the monthly compensation paid to Contractor for the remainder of the Agreement’s
term—through December 31, 2020—given work load impacts attributable to the
City’s deployment of body worn cameras to its police officers.
1.3 Since March of 2020, the nation has been struggling with the current
COVID-19 pandemic. This pandemic has significantly altered the court process and
how public defenders interact and serve their clients. Given the inherent difficulties
that would be associated with a possible change in public defense providers in the
midst of the current pandemic and the City’s recovery from the same, the parties
desire to extend the current Agreement for an additional two years. The hope is that
during the second year of this Fifth Amendment, pandemic recovery efforts will be
fully implemented, and the City will be in a better position to evaluate how best to
proceed with the provision of public defense services in the future.
NOW THEREFORE, the City and Contractor agree as follows:
II. AGREEMENT
2.1 Duration of Agreement. Section II of the Agreement, entitled “Duration
of Agreement,” as amended through prior contract amendments, is extended through
11:59 p.m. on December 31, 2022.
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 as provided for in the original Agreement
FIFTH AMENDMENT TO AGREEMENT FOR
INDIGENT DEFENSE SERVICES – 2 OF 3
and its subsequent Amendments. Beginning with the
Fourth Amendment, the City agreed to pay Contractor
the sum of ONE MILLION ONE HUNDRED SEVENTY-
FIVE THOUSAND DOLLARS ($1,175,000) per year,
payable on a pro rata basis through equal monthly
payments of $97,916.67 per month from January 1,
2020, through December 31, 2020, though the final
monthly payment for December of 2020 will be in the
amount of $97,916.33.
Through the parties’ Fifth Amendment to this
Agreement, the City agrees to pay Contractor the sum
of ONE MILLION ONE HUNDRED NINETY-EIGHT
THOUSAND FIVE HUNDRED DOLLARS
($1,198,500.00) per year, payable on a pro rata basis
through equal monthly payments of $99,875.00 per
month from January 1, 2021, through December 31,
2021.
Beginning January 1, 2022, the City agrees to pay
Contractor the sum of ONE MILLION TWO HUNDRED
TWENTY-TWO THOUSAND FOUR HUNDRED SEVENTY
DOLLARS ($1,222,470.00) per year, payable on a pro
rata basis through equal monthly payments of
$101,872.50 per month from January 1, 2022,
through December 31, 2022.
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 Fifth 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 Fifth Amendment, are hereby ratified and affirmed,
and the terms of the Agreement, as previously amended, and this Fifth 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 Fourth Amendment,
which is binding on the parties of this contract.
FIFTH AMENDMENT TO AGREEMENT FOR
INDIGENT DEFENSE SERVICES – 3 OF 3
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.
Name: Dana Ralph Name:
Title: Mayor Title:
Date: Date:
APPROVED AS TO FORM:
Kent City Attorney’s Office
ATTEST:
City Clerk
12/14/2020
SMH Contract Amendment 5
Final Audit Report 2020-12-11
Created: 2020-12-11
By: KateLynn Jennings (kjennings@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAQs_2SOJF-grWCj89OoK4R6dJIbr5PxAr
"SMH Contract Amendment 5" History
Document created by KateLynn Jennings (kjennings@kentwa.gov)
2020-12-11 - 7:22:35 PM GMT- IP address: 146.129.252.126
Document emailed to Kenneth Harmell (ken@sbmhlaw.com) for signature
2020-12-11 - 7:24:16 PM GMT
Email viewed by Kenneth Harmell (ken@sbmhlaw.com)
2020-12-11 - 7:57:37 PM GMT- IP address: 73.97.222.141
1 Document e-signed by Kenneth Harmell (ken@sbmhlaw.com)
Signature Date: 2020-12-11 - 8:03:19 PM GMT - Time Source: server- IP address: 73.97.222.141
Agreement completed.
2020-12-11 - 8:03:19 PM GMT
0 Adobe Sign