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Home My WebLink AboutPK15-002 - Amendment - #6 - Stewart MacNichols Harmell, Inc. P.S. - Agreement for Indigent Defense Services - 12/13/202212/12/2022 Okay to sign. C. Schuck. SIXTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES 1 OF 3 SIXTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES This Sixth Amendment Sixth is between the CITY OF KENT, a Washington municipal corporation STEWART MACNICHOLS HARMELL, INC., P.S., a Washington Agreement 2014, with an Effective Date of January 1, 2015. I. RECITALS 1.1 The parties current Agreement is effective through December 31, 2022. 1.2 On December 14, 2020, the parties signed a Fifth Amendment to adjust the monthly compensation paid to Contractor for the term through December 31, 2022 given work-load impacts attributable to the COVID-19 Pandemic, and its impact on the court process and how public defenders interact and serve their clients. 1.3 The City is currently evaluating how best to proceed with the provisions of public defense services and negations are underway but will not be complete by 1.4 The parties desire to extend the current Agreement for one month, through January 31, 2023, to allow for additional time to complete negotiations that are currently underway for a new contract. NOW THEREFORE, the City and Contractor agree as follows: II. AGREEMENT 2.1 Duration of Agreement. Section 11:59 p.m. on January 31, 2023. 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 and its subsequent Amendments. Beginning with the Fourth Amendment, the City agreed to pay Contractor SIXTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES 2 OF 3 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. 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. Sixth Amendment to this Agreement, the City agrees to pay Contractor the sum of ONE MILLION TWO HUNDRED FORTY SIX THOUSAND NINE HUNDRED TWENTY $1,246,920 per year, payable on a pro rata basis through equal monthly payments of $103,910 per month from January 1, 2023, through January 31, 2023. 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 on 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 Sixth 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 Sixth Amendment, are hereby ratified and affirmed, SIXTH AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES 3 OF 3 and the terms of the Agreement, as previously amended, and this Sixth 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 Sixth Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Sixth 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: ATTEST: City Clerk 12/13/2022 Signature:Mer aHanson( ec 12, 202206:52 PST) Email: mhanson@kentwa.gov Signature: L�- Email: rlashley@kentwa.gov Signature: 47d/2 &ygd( `dq& Julie Parascondola (Dec 12, 202214:03 PST) Email: jparascondola@kentwa.gov Signature: FCC Ken Harmell (Dec 12, 202214:42 PST) Email: ken@sbmhlaw.com SMH-Indigent Services-Amnd#6 Final Audit Report 2022-12-12 Created: 2022-12-12 By: KateLynn Jennings (kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA1H41000uThZAp-ipvJvSmppgfsjia_g "SMH-Indigent Services-Amnd#6" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2022-12-12 - 2:45:31 PM GMT- IP address: 146.129.252.126 Document emailed to mhanson@kentwa.gov for signature 2022-12-12 - 2:46:38 PM GMT s Email viewed by mhanson@kentwa.gov 2022-12-12 - 2:52:06 PM GMT- IP address: 24.18.250.253 Signer mhanson@kentwa.gov entered name at signing as Merina Hanson 2022-12-12 - 2:52:41 PM GMT- IP address: 24.18.250.253 �} Document e-signed by Merina Hanson (mhanson@kentwa.gov) Signature Date: 2022-12-12 - 2:52:43 PM GMT - Time Source: server- IP address: 24.18.250.253 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-12-12 - 2:52:44 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-12-12 - 9:37:28 PM GMT- IP address: 146.129.252.126 CIO Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-12-12 - 9:42:24 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Julie Parascondola Qparascondola@kentwa.gov) for signature 2022-12-12 - 9:42:25 PM GMT s Email viewed by Julie Parascondola (jarascondola@kentwa.gov) 2022-12-12 - 10:02:35 PM GMT- IP address: 146.129.252.126 �} Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date: 2022-12-12 - 10:03:00 PM GMT - Time Source: server- IP address: 146.129.252.126 Powered by r � Adobe T Acrobat Sign �'-. Document emailed to ken@sbmhlaw.com for signature 2022-12-12 - 10:03:01 PM GMT Email viewed by ken@sbmhlaw.com 2022-12-12 - 10:41:26 PM GMT- IP address: 96.81.130.86 Signer ken@sbmhlaw.com entered name at signing as Ken Harmell 2022-12-12 - 10:42:51 PM GMT- IP address: 96.81.130.86 Document e-signed by Ken Harmell (ken@sbmhlaw.com) Signature Date: 2022-12-12 - 10:42:53 PM GMT - Time Source: server- IP address: 96.81.130.86 Q Agreement completed. 2022-12-12 - 10:42:53 PM GMT Powered by r � Adobe T Acrobat Sign