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HomeMy WebLinkAbout6-6039-Amend. 5 Public Defender 2024 LaCross and Murphy PLLC 1 Amendment 5 Public Defense Services –2025 Assignment and assumption 4912-5158-2043, v. 2 AMENDMENT 5 OF THE AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES Yelish, Barker, Cunningham PLLC This Amendment specifically amends the professional services 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, whose address is 559 Bay Street Port Orchard, Washington 98366, on November 19th, 2019, City of Bremerton contract number 6039. WHEREAS, the City has solicited legal services via the Public Defense Services Request for Proposal 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 12th, 2019, Request for proposal 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, on November 19, 2021, October 13, 2022, and June 11, 2024, the City and the Public Defender agreed to amend the original agreement updating the sections of the agreement outlining definitions, scope of work, defense standards, performance and qualifications and extending the term of the agreement; and WHEREAS, on July 23rd, 2025, David LaCross has made known to the City that LaCross and Murphy can no longer provide services under this contract; and WHEREAS, the City has agreed to transfer all Public Defense Cases currently assigned in the Bremerton Municipal Court to LaCross and Murphy to the City’s assigned on-call prime Public Defense provider; and WHEREAS, the City of Bremerton has authority granted in Bremerton Municipal Code section 2.76.060 to enter into direct negotiation with an agency, firm or individual based on their recognized experience. knowledge and area of expertise, and has found acceptable the proposal and capacity of the Yelish, Barker & Cunningham, PLLC of 1963 Bethel Road SE, Port Orchard, Washington and is providing in writing per Section 20 of the original agreement authorization to assign this contract to the “Public Defender” as named herein; 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. The agreement as originally executed and modified and the duties within have been assigned and assumed by Yelish, Barker & Cunningham, PLLC in the attached Assignment and Docusign Envelope ID: 09FB77A7-219C-4650-BBE5-56F470A53297 2 Amendment 5 Public Defense Services –2025 Assignment and assumption 4912-5158-2043, v. 2 Assumption agreement, incorporated herein as Exhibit A. Yelish, Barker, Cunningham PLLC is now referred to as, “the Public Defender” throughout this agreement. 2. SECTION 5 (B): Minimum Attorney Qualifications in the original agreement and as amended, is further amended by deleting it, in its entirety, and replacing it with the following: 1. Every attorney providing indigent defense services must be a licensed member of the Washington State Bar and be a member in good standing of the Bar. 2. Every Public Defender attorney shall satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; seven (7) hours of each year's required continuing legal education credits shall be in courses relating to criminal law practice or other areas of law in which the Public Defender provides legal services to clients under the terms of this Agreement or as otherwise required by the Washington State Office of Public Defense. The Public Defender will maintain for inspection on its premises records of compliance with this provision. 3. The Public Defender may employ interns pursuant to Admission to Practice Rule (APR) 9. Case assignment to Rule 9 interns shall be limited based on the applicable caseload standards adopted in Section 2 of this Agreement. However, Rule 9 interns may not be used to supplant the services of an attorney assigned by the Public Defender to perform the services of this Agreement. 4. The Public Defender attorneys who supervise the misdemeanor attorneys must have at least three years of criminal defense experience in superior, district or municipal courts in Washington State. 5. Unless prior written approval has been granted by the Contract Administrator, no attorney may provide services under this Agreement if that attorney has been removed from representation in a case for failure to perform basic services necessary to the case or to the client, or in any manner has been found to be ineffective on appeal by either an ethics panel or by an appellate court. 3. SECTION 6: PAYMENT in the original agreement and as amended, is further 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 $37,500 monthly. This amount includes 2.5 (two and one half) full-time attorney’s and one (1) legal assistant through the end of December 2025. B. The City, having agreed and given consideration, shall make a payment of $18,750 to the Public Defender upon the effective date of this amendment to provide the Public Defender funds to begin administering this contract. $18,750 shall be credited against the monthly payment owed by the City to the Public Defender for August 2025. Docusign Envelope ID: 09FB77A7-219C-4650-BBE5-56F470A53297 3 Amendment 5 Public Defense Services –2025 Assignment and assumption 4912-5158-2043, v. 2 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. Auxiliary benefits. In addition to the flat fee compensation, the City will reimburse required attorney training courses up to $2,166 annually per attorney and the City will reimburse Public Defender for associated Attorney’s Washington State Bar fees and dues up to $500 annually per employee. The auxiliary benefits shall not exceed a total amount of $8,000 annually and will be paid on a reimbursement basis for actual costs incurred. Reimbursement will be provided when an invoice and satisfactory support is received by the City. The Public Defender shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in herein. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth herein. Public Defender shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Public Defender shall only be compensated for Auxiliary benefits if requested. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Public Defender of its obligations under this Agreement. 4. SECTION 26: GENERAL CONDITIONS in the original agreement and as amended, is further amended by deleting item M. Written Notices and replacing it with the following: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: PUBLIC DEFENDER: Attn: City Clerk Attn: Laura Yelish, Esq. City of Bremerton Yelish, Barker & Cunningham, PLLC 345 6th Street, Suite 100 1963 Bethel RD SE Bremerton, WA 98337-1891 Port Orchard, WA 98366 Docusign Envelope ID: 09FB77A7-219C-4650-BBE5-56F470A53297 4 Amendment 5 Public Defense Services –2025 Assignment and assumption 4912-5158-2043, v. 2 5. SECTION 2: PUBLIC DEFENSE STANDARDS: in the original agreement and as amended, is further amended by deleting item D. Responsibility for Expert Witness and Investigator fees and replacing it with the following: Responsibility for professional services, expert witness, investigators, social workers, interpreters and language assistance providers: After approval by the Court, professional services fees including: expert witness fees, investigator fees, social service provider fees, language assistance provider fees, and interpreter fees will be paid by the City. 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 an 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 YELISH, BARKER, CUNNINGHAM, PLLC GREG WHEELER, MAYOR By: ____________________ Title: Date: Date: APPROVED AS TO FORM: _______________________ Drew Pollom, Special Counsel ATTEST: ______________________ Angela Hoover, City Clerk Docusign Envelope ID: 09FB77A7-219C-4650-BBE5-56F470A53297 Managing Partner Laura Yelish 8/22/20258/25/2025