Loading...
016-21 - LaCross & Murphy, PLLC - Contract Amendment 1FIRST AMENDMENT TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE This FIRST AMENDMENT TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENTFOR PUBLIC DEFENSE ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and LaCross & Murphy, PLLC, a Washington professional limited liability company ("Public Defender"). City and Public Defender are each a "Party" and together the "Parties" to this Amendment. The Parties hereby agree as follows: RECITALS: A. The City and Public Defender entered into an agreement on January 1, 2021 for the purposes of having Public Defender provide public defense legal services to defendants being prosecuted by City ("Agreement"). B. Exhibit "A" to the Agreement set forth the Scope of Work and Minimum Qualifications for Public Defender, including requiring the appointed supervising attorney have a minimum of 3 years of criminal law experience and naming the attorneys who would be the primary and assisting attorneys. C. Public Defender is going through personnel changes which means that some of the named attorneys in Exhibit "A" will not be serving City in the future. D. In order to make this change and to allow future personnel changes to occur without the necessity of amending the Agreement, the Agreement and the Scope of Services need updating. FIRST AMENDMENT TO AGREEMENT: 1. The Second Paragraph under "Scope of Services" in Exhibit "A" attached to the Agreement is hereby amended to read as follows: The Public Defender will designate an attorney meeting the Minimum Experience/Qualifications listed above as the Primary Attorney assigned to perform these services. At the time of the execution of this First Amendment to the Agreement, the Primary Attorney is designated as Jacob Murphy (WSBA 29818). The Public Defender will provide City with advanced written notice if another attorney will become the Primary Attorney. City may object to the substitution of a different Primary Attorney, in which case Public Defender will work with City to designate an acceptable Primary Attorney. Public Defender and Primary Attorney may utilize other attorneys who are employed by Public Defender to provide the AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 1 1433126.2-366922 -0010 services under this Agreement, provided however, that the Primary Attorney will provide guidance and supervision to any other attorney providing services underthis Agreement to ensure that the work performed meets the Standards set forth in Section 2 of the Agreement. Public Defender and Primary Attorney will provide City with advanced written notice as to the names, experience, and WSBA numbers of any other attorneys who will assist the Primary Attorney and will keep City updated by providing additional notice of personnel changes as is applicable. 2. Severability. The provisions of this First Amendment are declared to be severable. If any provision of this First Amendment is for any reasons held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. I.:ndi- Agicclr uw. The written provisions and terms of this First Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this First Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, and this First Amendment. Should any language in any of the Exhibits to the Agreement conflict with any language contained in this First Amendment, then this First Amendment shall prevail. Except as modified by this First Amendment, all otherprovisions of the original Agreement not inconsistent with this First Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective as of 12021. IN WITNESS WHEREOF, the parties have executed this Amendment on this may of . 1-L 2021- LaCROSS & MURPHY, PLLC y J APPROVED AS TO FORM: AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 2 1433126.2 - 366922 -0010 CITY OF PORT ORCHARD ��Iflllllilr�+,r�f B �F o�Q o R.q�!i? Its• Mayor APPROVED AS TO FORNt '.A Cb Charlotte A. Archer Port Orchard City Attorney ATTEST: Brandy Rinearson Port Orchard City Clerk AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 3 1433126.2-366922.OMO EXHIBIT -A SCOPE OF WORK AND MINIMUM QUALIFICATIONS 1. Each attorney who is proposed to perform services pursuant to this RFP must be a member in good standing with the Washington State Bar Association. No Rule 9 attorneys will be allowed to perform any services under this agreement. 2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years of criminal law experience. The Public Defender may retain the assistance of other qualified attorneys in his or her firm. At all times, the designated Public ,Defender will properly supervise attorneys having less than 3 years of experience to ensure that defendants charged in the Port Orchard Municipal Court receive competent legal representation. 3. The Public Defender and any attorneys working under the supervision of the Public Defender shall comply with qualifications and training requirements in Section 9.09.070 of the City Municipal Code, including but not limited to, completion of at least seven (7) hours of training approved by the Washington State Office of Public Defense each calendar year. The firm awarded the contract shall be designated Public Defender for the City's Municipal Court, and shall be duly appointed to represent all defendants who are appointed legal counsel by the Port Orchard Municipal Court. The Public Defender will designate Daniel Peet (WSBA 43787) to be the primary attorney assigned to perform these services. Should the designated attorney be unavailable or exceed caseload limitations, the following attorneys will assist the designated primary attorney: David LaCross (WSBA 31417) and Jacob Murphy (WSBA 29818). Should the firm hire additional legal counsel, said counsel shall not be authorized to appear on behalf of the Public Defender absent prior written consent of the City. Representation as the City's Public Defender shall include but not be limited to: 1. Attending all scheduled court appearances. In the event of vacation or illness Public Defender is responsible.for arranging coverage by another qualified attorney. 2. Acting as stand-by counsel available in court -or .by videoconference hearing to all defendants at arraignments and in -custody bail hearings; 3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post - disposition proceedings; and 4. Representation of criminal defendants on appeals to Superior Court when appropriate. 5. The Public Defender shall consult with defendants prior to pretrial hearings. Appointment as the City's Public Defender will require meetings with defendants at the Public Defender's office or at the Kitsap County Jail. Failure to consult with defendants prior to pretrial shall only be excused for good cause. Examples of "good cause" include: scheduled vacation, illness, extended trials, or when the defendant fails to cooperate with the Public Defender in scheduling a time to consult. 6. Pursuant to CrRLJ 3.1(c)(1)-(2), Public Defender services shall also include providing legal representation to persons wishing to consult with an attorney while in the custody of the Port Orchard Police Department. The City's Public Defender shall ensure that an attorney is available at all times (24 hours a day) to provide legal representation, including evenings, holidays, and weekends. The City's Public Defender shall provide the Port Orchard Police Department with a monthly schedule of attorneys available to receive calls during non -business hours. This schedule shall include the name of the attorney and a designated telephone or cellular phone number. Only attorneys who meet the experience requirements set forth above, and are either a member of the Public Defender's firm or have received prior written approval by the City may be included in the above -described schedule. 7. When a defendant exercises his or her right to trial, the City's Public Defender shall diligently prepare for trial and ensure that the defendant receives adequate representation. Preparation for trial shall include but not be limited to: interviewing witnesses identified by the City Prosecutor, interviewing witnesses identified by the defendant, review of police reports and evidence, research legal issues, preparing a witness list on behalf of the defendant, and consultation with the defendant. 8. Absent an agreement being entered by the City with another lawyer or law firm, the Public Defender shall remain as the attorney of record on all cases to which the Public Defender has been appointed until the court's jurisdiction is terminated' by the Court, unless withdrawal is permitted by the Court as may be required by the Rules of Professional Conduct. 9. If a defendant represented by the City's Public Defender elects to appeal .a conviction to Superior Court, the Public Defender is responsible for timely filing a Notice of Appeal to Superior Court. 10. Services do not extend to forfeiture hearings or hearings with the Department of Licensing.