HomeMy WebLinkAboutCAG2023-078 - Amendment - #1 - Valley Defenders, PLL - Conflict Indigent Counsel: Public Defense Services - 01/11/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Optional)
WA S H I N G T O N
Originator: Department:
Megan Turner for Lori Guilfoyle Parks, Recreation & Community Services
Date Sent: Date Required:
> 1/10/2024 1/24/2024
0
CL Authorized to Sign: Date of Council Approval:
C [ZDirector or Designee Mayor N/A
Budget Account Number: Grant? Yes WIN
10006380
Budget?W]Yes:No Type: N/A
Vendor Name: Category:
Valley Defenders PLLC Contract
Vendor Number: Sub-Category:
= 2507442 Amendment
Project Name:
Conflict Indigent Counsel-Amendment 1
E
0 Amendment to add flat$1250 monthly fee for review hearings.
C Project Details:
C
d
4) Agreement Amount: $15,000 Basis for Selection of Contractor: Other
47 `Memo to Mayor must be attached
3- Start Date: 2/9/2023 Termination Date: 12/31/2024
Im
Q Local Business?F--]YeslzNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes WIIn-Process ElExempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
FTesONo CAG2023-078
Comments:
im 1/11/24 - received in the City Clerk's Office. M.M.
C
2
> i
N
Date Received by City Attorney: N/A
R
Date Routed to the Mayor's Office: N/A
N
Date Routed to the City Clerk's Office:
,c00)373_-_0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20200218
•
KENT
WASHINGTON
AMENDMENT NO. 1
NAME OF CONTRACTOR: Valley Defenders PLLC
CONTRACT NAME & PROJECT NUMBER: Agreement for Conflict Indigent Defense Services
CAG2023-078
ORIGINAL AGREEMENT DATE: February 9, 2023
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 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 11 of the Agreement, entitled 'Compensation and Expenses" is hereby
modified to change how review hearings are compensated, to add compensation for in-custody
calendars, and to re-number the section accordingly.
11.1. Case Fees. The City shall pay the Contractor for services rendered under this
Agreement the sum of FIVE THOUSAND DOLLARS ($5,000.00) for the first ten (10) cases
assigned in the Kent Municipal Court per month ('Monthly Flat Fee"), and FOUR HUNDRED
DOLLARS ($400.00) for each additional case per month; SEVEN HUNDRED FIFTY DOLLARS
($750.00) per case appealed to the Superior Court; and ONE THOUSAND DOLLARS
($1,000.00) per case appealed to the Court of Appeals or Washington Supreme Court. The
Contractor shall bill for and be paid the above fees one time per case. If the Contractor
withdraws from a case and then is reassigned to the case, the Contractor shall not bill for
or be paid for the case upon reassignment. The total fees and costs paid to the Contractor
under this Agreement and throughout its term shall not exceed $200,000, unless any such
additional fees and costs are authorized through an amendment to this Agreement signed
by both the City and the Contractor.
In the event that Kent Municipal Court significantly reduces the number of cases assigned,
and the Contractor is assigned less than five (5) cases per month for at least three (3)
consecutive months, the City shall not be required to pay the Monthly Flat Fee and will only
pay the Contractor FOUR HUNDRED DOLLARS ($400.00) for each case assigned.
Alternatively, the City may terminate the Agreement in accordance with Section 10.2.
11.2. Review Hearing Fees. After the Kent Municipal Court's entry of a judgment and
sentence, a deferral of sentence, or entry of a deferred prosecution or stipulated order of
continuance, in the even} the Contractor +s may be required to appear with the Defendant
at review hearings in the case;. The GentFaeteF shall be paid The City shall pay the
Contractor a flat fee of ONE THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($1250.00)
per month for all review hearings attended by the Contractor.
hearings beyond five (5) hearings fOF no additional f . The term "case" shall have the same
AMENDMENT - 1
meaning as provided in Standard 3 of the Standards for Indigent Defense established by
the Supreme Court.
11.3. In-Custody Calendar Fees. The City shall pay the Contractor the sum of FIVE
HUNDRED DOLLARS ($500.00)per in-custody calendar for the services provided as required
by the appointment of the Contractor by the Kent Municipal Court.
11.34. Billing. The Contractor shall bill the City, in care of the City's Human Services
Division, by the 10t" day of the month following an appointment. The Contractor shall also
bill for any Feview heafHnrg in-custody calendar fees as well as expenses permitted in
Sections 11.67 and 11.-78 of this Agreement by the 10t" day following the month of the
accrual of the allowable fees or expenses.
11.45. Payment. The City shall make payments within 30 days of receipt of the Contractor's
bill.
11.66. Compensation Sufficient. Except as provided in Subsections 11.67 and 11.-78, the
Contractor warrants that the compensation provided under this Agreement includes and is
sufficient to provide for all costs related to travel, telephones, law library including electronic
research, financial accounting, case management systems, computers and software, office
space and supplies, administrative and staff services, training, licensing, meeting the
requirements imposed by the Washington Supreme Court Standards for Indigent Defense,
and other costs incurred in the day-to-day conduct of legal services and the management
of the services called for by this Agreement.
11.67. Non-Routine Expenses. The City will pay for non-routine case expenses when
reasonably incurred and preauthorized by the Court or the City from funds available for that
purpose, unless the services are performed by the Contractor's staff or subcontractors.
Examples of potential non-routine, preauthorized expenses that might be subject to
additional reimbursement include, but are not limited to:
a. Investigation expenses
b. Medical and psychiatric evaluations
C. Expert witness fees and expenses
d. Interpreters
e. Polygraph, forensic and other scientific tests
f. Medical records
g. Any other non-routine expenses the Court finds necessary and proper for the
investigation preparation, and presentation of a case.
11.-78. Transcription Expenses. The City agrees to reimburse the Contractor for all
reasonable costs associated with obtaining and transcribing trial court records for appeal
purposes if such costs have not been waived.
AMENDMENT - 2
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.
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.
CONTRACTOR: CITY OF KENT:
Valley Defenders PLLC
,7aWie 06-1e4
By)am!e OBrien(Jan 11,202416:02 PST) By�uli arascondola(Jan 10,202417:32 PST)
Print Name: Jamie OBrien Print Name: Julie Parascondola, CPRE
Its Valley Defenders Its Parks,Recreation&Community Services Director
DATE:1/11/24 DATE:1-10-24
ATTEST:
(applicable if Mayor's signature required)
�X�
Kent City Clerk
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
AMENDMENT - 3
Signature: MerinalHanson J n10,202414:39PST) Signature: (5�0e—�
Email: mhanson@kentwa.gov Email: phuynh@kentwa.gov
Signature: AltO�Me',�H i,
Melissa McCormick(Jan 11,202417:02 PST)
Email: cityclerk@kentwa.gov
Conflict Public Defender Am 1
Final Audit Report 2024-01-12
Created: 2024-01-10
By: Megan Turner(MTurner@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAsyyuSdWBZ09WdsE8kSBKLKU4DHT7klgz
"Conflict Public Defender Am 1 " History
Document created by Megan Turner(MTurner@kentwa.gov)
2024-01-10-10:21:29 PM GMT
Document emailed to mhanson@kentwa.gov for signature
2024-01-10-10:29:37 PM GMT
Email viewed by mhanson@kentwa.gov
2024-01-10-10:38:51 PM GMT
do Signer mhanson@kentwa.gov entered name at signing as Merina Hanson
2024-01-10-10:39:20 PM GMT
�p Document e-signed by Merina Hanson (mhanson@kentwa.gov)
Signature Date:2024-01-10-10:39:22 PM GMT-Time Source:server
Document emailed to Phung Huynh (phuynh@kentwa.gov)for signature
2024-01-10-10:39:24 PM GMT
Email viewed by Phung Huynh (phuynh@kentwa.gov)
2024-01-10-10:41:20 PM GMT
d4 Document e-signed by Phung Huynh (phuynh@kentwa.gov)
Signature Date:2024-01-10-10:56:16 PM GMT-Time Source:server
Document emailed to Julie Parascondola Qparascondola@kentwa.gov) for signature
2024-01-10-10:56:18 PM GMT
Email viewed by Julie Parascondola Qparascondola@kentwa.gov)
2024-01-11 -1:32:05 AM GMT
Document e-signed by Julie Parascondola Qparascondola@kentwa.gov)
Signature Date:2024-01-11 -1:32:57 AM GMT-Time Source:server
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Document emailed to jamie@valleydefenders.com for signature
2024-01-11 -1:32:58 AM GMT
Email viewed by jamie@valleydefenders.com
2024-01-11 -11:59:47 PM GMT
Signer jamie@valleydefenders.com entered name at signing as Jamie OBrien
2024-01-12-0:02:03 AM GMT
Document e-signed by Jamie OBrien (jamie@valleydefenders.com)
Signature Date:2024-01-12-0:02:05 AM GMT-Time Source:server
Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
2024-01-12-0:02:07 AM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2024-01-12-0:04:29 AM GMT
�p Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date:2024-01-12-0:04:39 AM GMT-Time Source:server
Document emailed to cityclerk@kentwa.gov for signature
2024-01-12-0:04:41 AM GMT
Email viewed by cityclerk@kentwa.gov
2024-01-12-0:56:59 AM GMT
64 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2024-01-12-1:02:06 AM GMT
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date:2024-01-12-1:02:08 AM GMT-Time Source:server
Q Agreement completed.
2024-01-12-1:02:08 AM GMT
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