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HomeMy WebLinkAboutCAG2023-100 - Amendment - #1 - Stewart MacNichols Harmell, Inc. P.S. - Indigent Services Agreement - 12/19/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: "'" Agreement Routing Form DirAsst: PH PH • For Approvals,Signatures and Records Management Dir/Dep: 1 KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Lori Guilfoyle Parks, Recreation & Community Services Date Sent: Date Required: > 12/11/2024 12/27/2024 O Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website 12/10/2024 Budget Account Number: Grant? Yes NOW] 10006380. 64140.1430 Budget? Yes�No Type: N/A Vendor Name: Category: Stewart MacNichols Harmell, Inc., P.S. Contract Vendor Number: Sub-Category: 35369 Amendment Indigent Services Agreement Project Name: g g cProject Details: The amendment extends the current contract for 1 year and adds funds to the Agreement for Indigent Defense Services c � Basis for Selection of Contractor:Agreement Amount: $1,291,809 Other *Memo to Mayor must be attached i Start Date: 1/1/2025 Termination Date: 12/31/2025 Q Local Business?W]Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace. Business License Verification: 91 YesElln-ProcessDExempt(KCC 5.01.045) W1Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes vI No CAG2023-100 Comments: 4J i 3 a-+ f0 Im C Im aZ Vf O O 3 � a, a, ioc Date Received:City Attorney: 12/17/24 Date Routed:Mayor's Office 12/19/24 City Clerk's Office 12/20/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 • KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Stewart MacNichols Harmell, Inc. P.S. CONTRACT NAME & PROJECT NUMBER: Agreement for Indigent Defense Services; CAG2023-100 ORIGINAL AGREEMENT DATE: 2/1/2023 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 or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section 2 of the Agreement, entitled "Duration of the Agreement" is hereby modified to read as follows: The term of this Agreement will be from February 1, 2023, through December 31, 2025, unless extended or terminated earlier in a manner permitted by this Agreement. The parties may, by mutual assent, agree to an additional one-year extension of this Agreement under the same terms, with approval to negotiate adjustments based on Cost of Living increases, increases in the individual salaries of attorneys based upon experience, or substantial increases in caseloads. Original Time for Completion 12/31/2024 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/2025 (insert date) 2. Section 27.1 of the Agreement, entitled "Payment for Services" is hereby modified to add the following: Beginning January 1, 2025, the City shall provide to the Contractor for services rendered under this Agreement the sum of ONE MILLION TWO HUNDRED NINETY ONE THOUSAND EIGHT HUNDRED AND NINE DOLLARS $1,291,809 per year, payable on a pro rats basis through equal monthly payments of $107,651 per month from January 1, 2025, through December 31, 2025. Original Contract Sum, $2,389,930 including applicable WSST Net Change by Previous Amendments N/A including applicable WSST AMENDMENT - 1 OF 2 Current Contract Amount $2,389,930 including all previous amendments Current Amendment Sum $1,291,809 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $3,681,739 The Consultant or Vendor 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. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. 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. CONSULTANT/VENDOR: CITY OF KENT: den 1faweGG By:Ken Harrnek(Dec 13,202410:14 PST) Print Name: Ken Harmell Print Name: Dana Ralph Its Managing Partner Its: Mayor DATE: Dec 13,2024 DATE: 12/19/2024 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) - Kent City Clerk Kent La Department AMENDMENT - 2 OF 2 8.N 000 KENT WASHINGTON DATE: December 10, 2024 TO: Kent City Council SUBJECT: Stewart MacNichols Harmell, Inc. P.S., Amendment #1 - Authorize MOTION: I move to authorize the Mayor to sign the First Amendment to the Agreement for Indigent Defense Services with Stewart MacNichols Harmell, Inc. P.S., subject to the final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The City currently contracts with Stewart MacNichols Harmell, Inc., P.S. to provide indigent defense services. This contract is managed by the Human Services Division of the City's Parks, Recreation, and Community Services Department and expires December 31, 2024. This amendment will extend this contract for another year, through December 31, 2025, at a cost of $1,291,809. The Washington Supreme Court has not yet issued a decision regarding proposed changes to the Court's standards for indigent defense, which may include a reduced caseload limit and changes to the compensation structure of public defenders. If these proposed changes are adopted, additional amendments to this contract may be necessary to accommodate impacts those changes will have on the provision of indigent defense services. BUDGET IMPACT: This Amendment's compensation increase is included in the 2025-2026 budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Amendment #1 - Stewart MacNichols Harmell, Inc., P.S. (PDF) 11/19/24 Committee of the Whole MOTION PASSES Packet Pg. 417 8.N RESULT: MOTION PASSES [UNANIMOUS]Next: 12/10/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 418 Signature: /-M ^ Signature: ply L"ffli Me ina Oh4on(Dec 11,202416:34 PST) Phung Huyn (Dec 13, 02410:42 PST) Email: mhanson@kentwa.gov Email: parkscontracts@kentwa.gov Signature: Email: bjlevenhagen@kentwa.gov Signature: „sue ie Parascon ola(Dec 17,202416:07 PST) Email: jparascondola@kentwa.gov HHS-121124-Stewart MacNichols Harmell , Inc. , P.S. Final Audit Report 2024-12-18 Created: 2024-12-18 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAvsWkwwhWiv96kcZRWb04QhlmiRg1yMjz "HHS-121124-Stewart MacNichols Harmell, Inc., P.S." History Document created by Leah Bryant(Ibryant@kentwa.gov) 2024-12-18-0:06:16 AM GMT Document emailed to Julie Parascondola Qparascondola@kentwa.gov)for signature 2024-12-18-0:06:40 AM GMT 5 Email viewed by Julie Parascondola (jarascondola@kentwa.gov) 2024-12-18-0:07:06 AM GMT ! Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date:2024-12-18-0:07:21 AM GMT-Time Source:server Agreement completed. 2024-12-18-0:07:21 AM GMT Adobe Acrobat Sign