016-21 - LaCross & Murphy, PLLC - Contract Amendment 2DocuSign Envelope ID: 28E9900B-A295-4D7C-AA98-8B1E92520240
SECOND AMENDMENT TO CITY OF PORT ORCHARD
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE
This SECOND AMENDMENT TO THE CITY OF PORT ORCHARD
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE ("Second
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 Second 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"); and
B. In August 2021, the Parties executed Amendment No. 1 to the Agreement to
update the Scope of Services Exhibit "A" to reflect personnel changes in the Public
Defender's firm; and
C. In June 2022, the Washington Supreme Court adopted new General Rule 42,
which modified the manner in which conflict public defenders are assigned, and the
Public Defender has agreed to take on the task of identifying conflict public defenders
when the need arises; and
D. The City and Public Defender agree that an amendment to the Scope of Services,
Exhibit A, is needed to memorialize this modification.
SECOND AMENDMENT TO AGREEMENT:
l . Amendment. The Second Paragraph under "Scope of Services" in Exhibit "A"
attached to the Agreement is hereby amended to add the following:
The Public Defender shall maintain a list of outside attorneys who
meet the Washington State Supreme Court's Standards for Indigent
Defense to be assigned as conflict counsel if a conflict of interest
precludes the Public Defender from representing a defendant.
If a conflict of interest exists precluding the Public Defender from
representing a defendant, the Public Defender shall select a
qualified attorney, on a rotating basis, from the list the Public
DocuSign Envelope ID: 28E9900B-A295-4D7C-AA98-8B1E92520240
Defender maintains for such purpose, and the court shall appoint
the selected attorney.
Conflict counsel appointed in this manner are authorized to appear
on behalf of the Public Defender absent prior written consent of
the City.
2. Severability. The provisions of this Second Amendment are declared to be
severable. If any provision of this Second 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.
3. Entire Agreement. The written provisions and terms of this Second 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 Second Amendment. The entire agreement between the
Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits
thereto, and this Second Amendment. Should any language in any of the Exhibits to the
Agreement conflict with any language contained in this First Amendment, then this Second
Amendment shall prevail. Except as modified by this Second Amendment, all other provisions of
the original Agreement not inconsistent with this Second Amendment shall remain in full force
and effect.
4. Effective date. This Amendment shall be effective upon mutual execution, as set
out below.
CITY OF PORT ORCHARD,
WASHINGTON
IDocuSigned by:
r6 P4Ma,SWA,
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Robert Putaansuu, Mayor
Dated: 11 /22/2022
ATTEST/AUTHENTICATED:
FDocuSigned by:
Bran y a lace, MMC, City Clerk
APPROVED AS TO FORM:
F(y DocuSigned by:
Charlotte A. Archer, City Attorney
LaCross & Murphy
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Dated:
Printed Name and Tit e