HomeMy WebLinkAbout000266 Amendment (2) 000266
Second Amendment
To the Professional Service Contract
Between City of Port Angeles and the
Clallain Public Defender
This amendment is entered into this of � 2015 by and between the City of
Port Angeles ("City") and the Clallam Public Defender. ("Contractor").
For and in consideration of the mutual benefits to be derived herefrom, the Parties recite,
covenant, and agree as follows:
1. The Parties entered into a Professional Service Contract on December 20, 2011.
The Parties amended the Professional Service Contract on December 5, 2013.
This Professional Service Contract is incorporated by this reference and may
hereafter be referred to as "the Agreement."
2. This Amendment to the Agreement is intended to amend Sections 1, 2, 3 and 4 to
reflect an extension of the Agreement to January 31, 2015.
3. Section 1 of the Agreement, in its entirety, is amended to read as follows:
Term of the Agreement. This Agreement shall be in effect through the
31st day of January 31, 2015.
4. Section 2 of the Agreement, in its entirety, is amended to read as follows:
Scope of Work. The Contractor shall provide criminal defense and related
services for indigent misdemeanor and gross misdemeanor defendants and certain
other persons facing commitment or incarceration for offenses prosecuted by the
City of Port Angeles.
The Contractor's obligation to provide services, and the City's obligation
to pay for such services, under this Agreement shall be limited to cases or matters
in which the District Court having jurisdiction over the case or matter makes a
specific determination that the defendant is eligible for appointed counsel and
appoints Contractor to the case or matter by court order.
The Contractor.acknowledges and agrees that it will share the assignment
of defense clients with other agencies and that such sharing of assignments will be
on a 50150 basis with Contractor accepting alternating weekly assignments of
defense clients in addition to accepting all post-conviction probation violations.
The Contractor has the right, for good cause shown and with the
Court's permission, to decline to represent or discontinue representing any
individual, who by his or her request, action, conduct, or financial ability,
waives the right to the assistance of counsel at public expense.
In the event of a conflict of interest arising and precluding
Contractor from representing a client and upon a finding by the Court that
such conflict exists and precludes Contractor from representing the
defendant, court designation of another attorney to represent the client
shall be at the expense of the City.
The Contractor will continue active representation and will
complete cases which were assigned in the calendar year covered by the
term of this contract with due diligence, and in the event that the
Contractor is not awarded the contract for the following calendar year, the
Contractor shall then be compensated at the hourly rate of $35.00 per
hour. In the event that work is necessary on carryover cases and the
Contractor is not awarded the contract, Contractor will be responsible for
keeping a record of time worked under the term of this contract on cases
for the City and must submit a monthly itemized statement of hours
worked and request for payment to the City. Nothing in this Agreement
shall be construed to impair or inhibit the exercise of independent
professional judgment when an attorney/client privilege has been
established, nor shall this Agreement require or authorize any attorney to
engage in conduct prohibited by the Code of Professional Responsibility.
In order to make sure that the Contractor's caseload is being
handled efficiently and in cooperation with the efforts of the District Court
and the City Attorney's Office, the Contractor agrees to comply with the
following guidelines to the extent possible:
a. A Contractor will provide a defense attorney to attend each daily
in-custody calendar and at all hearings and other court appearances
on cases to which the attorney has been appointed under this
Agreement.
b. The Contractor shall meet with the client and discuss the City
Prosecutor's plea offer within one week of arraignment for in-
custody defendants and prior to the readiness hearing for out of
custody defendants.
C. The Contractor shall attend the arraignment for each case and be
prepared to respond to the plea offer.
d. To the maximum extent practicable, the Contractor shall arrange
for backup coverage for defense attorneys who are unable to make
scheduled court appearances due to vacation or other such reasons
that allow advance notice, in order to minimize continuances.
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e. Contractor shall use its best efforts to review the Clallam County
Jail roster on a daily basis to determine whether clients are
incarcerated and shall consult with incarcerated clients as soon as
possible to represent their interests.
f. Contractor shall provide to the Port Angeles Police Department the
telephone number or numbers at which a defense attorney may be
reached for "critical stage" advice to defendants during the course
of police investigations and/or arrest twenty-four (24) hours each
day.
5. Section 3 of the Agreement is amended to strike the first paragraph so that
Section 3 of the Agreement reads in its entirety:
A case filed with a single incident date would be counted as a single case
up to a total of four charges out of a single incident/offense date. Cases
filed with multiple charges alleged to have taken place over a span of
more than a single date will be counted as one case for each offense date
such that, for example, were a person to be charged with 3 violations of a
no contact order during a single month, and those violations each is
determined to have to be alleged to have taken place on different days
within that month, it would count as three cases.
6. Section 4 of the Agreement is amended by adding the following:
City agrees to pay Contractor $6,250 for services in the month of January
2015.
7. All other terms of the Agreement remain unchanged.
8. As amended, the Agreement is ratified and confirmed.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Professional Services Contract in duplicate.
CITY OF PORT ANGELES CLALLAM P �E�-�N�R
,r
BY: BY:
Dan McKeen, City Manager Harr
Date: Date: "
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APPROVED AS TO FORM:
William E. Bloor, City Attorney
ATTEST:
ui)n
ennife aneklasen, City Clerk
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