HomeMy WebLinkAbout000266 Amendment000266
First Amendment
To the Professional Service Contract
Between City of Port Angeles and the
Clallam Public Defender
This amendment is entered into this of 2013 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:
The Parties entered into a Professional Service Contract on December 20,
2011. 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, 4 and
6 to reflect an extension of the Agreement to 2014 and include additional
reporting provisions.
Section 1 of the Agreement, in its entirety, is amended to read as follows:
Tenn of the Agreement. This Agreement shall be in effect through
the 31 st day of December 2014; provided, however, in the event the state
adopts legislation that requires a substantial change in the services
provided under this Agreement, either party may give notice of
termination. This Agreement shall terminate 60 days following the date
such notice is given.
4. Section 4 of the Agreement is amended by adding the following:
Based on the case benchmark of 300 cases for the year 2014,
payment from the City to the Contractor shall be at the 2013 rate plus CPl-
U adjusted increase based upon the Seattle -Bremerton -Tacoma Index (but
no less than 2% nor more than 5% increase) for calendar year 2014, to be
made on a monthly basis with each monthly payment equal to 1112 of the
total amount stated herein.
Section 6 of the Agreement, in its entirety, is amended to read as follows:
Reports/Records. Contractor shall report on a monthly basis as to
the number and types of cases it has been appointed under this Agreement.
If Contractor is a private attorney, Contractor shall provide City with an
annual report consisting of the number and type of cases handled in
Contractor's private practice, the number and type of other public defense
contracts (if any), and the total hours billed for non-public defense cases
(if any) for cases Contractor has worked on during the previous year. The
report shall be submitted to the City by July 1, 2014.
Contractor shall file quarterly a Certification of Compliance Form
with Clallam County District Court I, pursuant to CrRL3 3.1.
The City shall have the right to reasonably audit business records
of the Contractor (exclusive of attorney-client confidential records) which
are relevant to the performance of this Agreement. Such review may occur
upon. thirty days notice to the Contractor, and may include, but not be
limited to, on-site inspection by City agents or employees of all financial
and non -privileged records or other materials which are pertinent to this
Agreement and its performance, and any and all non -privileged
communications relevant to the performance of this Agreement. The
Contractor shall preserve and maintain all financial records and records
relating to the performance of this Agreement for three years after contract
termination and shall make such records available for review by the City
upon request.
All other terms of the Agreement remain unchanged.
7. 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
BY:
Dan McKean, City Manager
Date: E Z'IS- � 1-5
APP VED
AS TO F
G
William E. Bloor, City ttorney
ATTEST:
V
JancsA Hurd, City Clerk
Wa AGREEMENTS&CONTRACTS12013 Agnnts&Contcae#s1PubLicDefender.lslAmendment.11.20.13.doc
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