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Home My WebLink About2- 6039 Amend. 1 2021 PD LaCross and Murphy1 Public Defense Services AMENDMENT NO. 1 TO THE AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES LaCross & Murphy, PLLC This Amendment specifically amends the Professional Services Agreement (“Agreement”) made and entered into by and between the City of Bremerton (“the City”), a Washington municipal corporation and LaCross & Murphy, PLLC, a Professional Limited Liability Corporation (“Public Defender”), whose address is 559 Bay Street Port Orchard, Washington 98366, on November 19, 2019, City of Bremerton contract number 6039. WHEREAS, the City solicited legal services via the Public Defense Services Request for Proposal (“RFP”) which closed on August 12, 2019, and LaCross & Murphy, PLLC is the awarded responder to this proposal; and WHEREAS, the City desires to have legal services, as described in the August 12, 2019 RFP and this Agreement, performed for indigent persons legally entitled to appointed representation in the City of Bremerton, by Public Defender as an independent contractor; and WHEREAS, the City and the Public Defender agree that any and all funds provided pursuant to this Agreement are provided for the sole purpose of provision of legal services to indigent persons prosecuted with crimes in Bremerton Municipal Court; and WHEREAS, the parties wish to extend the term of this Agreement and agree that all provisions in the Agreement shall remain in full force and effect except as expressly modified by this document; and WHEREAS, the City and the Public Defender agree that the following sections of this agreement should be amended: Section 1: Definitions; Section 2: Public Defense Standards; Section 3 Term; Section 4: Scope of Work; Section 5: Performance and Qualifications; Section 6: Payment; and Section 26: General Conditions; NOW THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows 1. SECTION 1: DEFINITIONS is amended by deleting item F. and replacing it with the following: F. Contract Administrator: City of Bremerton Contracts Administrator. 2. SECTION 2: PUBLIC DEFENSE STANDARDS is amended by deleting item F. and replacing it with the following: F. Supervision: The Public Defender shall provide supervising attorneys at the following standards: one supervisor for every two attorneys. Supervisors shall ensure all new associates have been properly trained and are prepared to appear at the Bremerton Municipal Court and shall appear in court to assist in training of new associates as necessary. A supervising attorney DocuSign Envelope ID: 7A53AF15-DA1C-4F1D-8FC1-B429E5F1261F 2 Public Defense Services hired after the effective date of this Agreement shall have at least three (3) years’ experience in criminal law. 3. SECTION 3: TERM is amended by deleting it in its entirety, and replacing it with the following: This Agreement shall commence on January 1, 2022 and terminate December 31, 2022 unless extended or terminated earlier pursuant to the terms and conditions of this Agreement. 4. SECTION 4: SCOPE OF WORK is amended by the addition of item G. 4 as follows: 4. Maintain a presence from a licensed attorney during regular, 8 a.m. to 5 p.m. hours, at the Bremerton Municipal Court. 5. SECTION 6: PAYMENT is amended by deleting it in its entirety and replacing it with the following: A. The City shall pay the Public Defender for the services as specified in Section 4, Scope of Work, in the amount not to exceed $275,000.00 annually. Payments will be made in equal monthly payments. B. The City will pay the Public Defender by the thirtieth (30) working day of the following month. C. In the event of failure to comply with any items and conditions of this Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City’s right to termination as provided in Section 13 of this Agreement. D. Adjustment. By October 31st of the Calendar year the Public Defender and the Contracts Administrator shall review the year-to-date case assignment numbers (including all "court time" counts) and create an estimate of year end numbers. If it appears the estimated annual case load will result in an excess of 1,000 cases (pursuant to Exhibit A and Section 2. E of this agreement), these cases will be offered to the firm of LaCross and Murphy, PLLC, the Public Defender. If the Public Defender is able to accept additional caseload, they shall notify the Contracts Administrator of the estimated number of cases they can accept. If the Public Defender is unable to accept these cases due to caseload limits, they shall be assigned to another firm. 1. A final year end count will be made of assigned cases, completed by the Contract Administrator in January following the year of service. a. If the final count of assigned cases to the Public Defender is over the standard case load in Exhibit A and Section 2. E of this agreement, or 1,000 cases, a payment will be made to the Public Defender in the amount of $275.00 per case over the standard. b. If the final count of assigned cases to the Public Defender is below the standard case load in Exhibit A and Section 2. E of this agreement, less than 1,000 cases, a payment will be made to the City by the Public Defender in the amount of $275.00 per case below the standard. DocuSign Envelope ID: 7A53AF15-DA1C-4F1D-8FC1-B429E5F1261F 3 Public Defense Services SECTION 26: GENERAL CONDITIONS is amended by adding items P and Q as follows: P. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. Q. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. Public Defender accepts all requirements of this Amendment by endorsing below. Public Defender further agrees that this Amendment constitutes full and final settlement of all of the Public Defender’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this amendment, claims related to on-site or home office overhead, or lost profits. This Amendment does not limit the City’s right to bring a claim for past performance. The undersigned public defender approves the foregoing Amendment as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Amendment to the original agreement. This document will become a supplement of the agreement and all provisions will apply hereto. It is understood that this Amendment to the agreement shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a Amendment that is binding on the parties of this contract. In addition, Public Defender warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herein, or attached and incorporated and made a part hereof, the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF BREMERTON LACROSS & MURPHY, PLLC GREG WHEELER, MAYOR By: ____________________ Its: Date: Date: DocuSign Envelope ID: 7A53AF15-DA1C-4F1D-8FC1-B429E5F1261F 11/19/2021 JACOB MURPHY Managing Partner 11/19/2021 4 Public Defense Services APPROVED AS TO FORM: _______________________ Kylie J. Finnell, City Attorney ATTEST: ______________________ Angela Hoover, City Clerk DocuSign Envelope ID: 7A53AF15-DA1C-4F1D-8FC1-B429E5F1261F