HomeMy WebLinkAboutAdden 1 CAG-15-187,Adden#1-18
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AMENDMENT TO CAG-15-187
AGREEMENT FOR PUBLIC DEFENSE SERVICES
THIS AMENDMENT, dated June 26, 2018, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Cayce & Grove, PLLC ("Consultant"), a Washington
professional liability company. The City and the Consultant are referred to collectively in this
Amendment as the "Parties." Once fully executed by the Parties, this Amendment is effective as
of the last date signed by both parties.
Whereas, the City engaged the services of the Consultant under Agreement CAG-15-187, dated
September 9, 2015, to provide necessary services for the provision of indigent defense services
in the City of Renton (referred to herein as the "Agreement");
Whereas, the Parties wish to amend the Agreement to extend the term for six months, adjust
the compensation,and make other minor adjustments in order to accommodate the City's desire
to issue a request for qualifications and update its indigent defense standards.
NOW THEREFORE, It is mutually agreed upon that CAG-15-187 is amended as follows:
A. Term: Section 1 is amended to read as follows:
Term.The Initial Term of this Agreement shall be for three years starting July 1, 2015 and
ending June 30, 2018. An Additional Term shall extend from July 1, 2018 through
December 31, 2018.
B. Method of Compensation: Section 3(a) is amended to read as follows:
a) Cayce & Grove will be compensated for representational services during the Initial
Term as follows:
• Between July 2015 and June 2016, C&G will be compensated for 1600 cases
at $245.16 per case and 200 cases at $220 per case, or $36,354.67 per
month.
• Between July 2016 and June 2017, C&G will be compensated for 1600 cases
at $264.77 per case and 200 cases at $220 per case, or $38969.71 per
month.
• Between July 2017 and June 2018, C&G will be compensated for 1600 cases
at $278.01 per case and 200 cases at $220 per case, or $40,734.47 per
month.
• For the extended term, C&G will be compensated $38,921 a month (based
on 800 cases at $291.91 per case) minus a $44,000 offset amortized over 6
months ($7,333 a month) to account for cases assigned between July 2017
and June 2018 falling below 1600. The final flat monthly rate will be
$31,588. If more than 800 cases are assigned during the Extended Term,
the City will make a lump sum payment to C&G in the amount of$275.
For services provided in the Initial Term, monthly payments start with the assumption
that 1800 cases will be assigned in the contract year (e.g. $36,354.67 per month for July
2015 through June 2016). For any contract year in which case assignments were less than
1,800, C&G will repay the City $220 per assigned case less than 1,800 (not to exceed
$44,000 per year). During the Initial Term,the repayment shall be made in the form of 12
equal offsets in compensation over the following contract year. Offsets for the July 2017
through June 2018 contract year are pre-calculated into the flat monthly rate negotiated
for the Extended Term.
C. Compliance with Laws and Standards: Section 7 is amended to read as follows:
Compliance with Laws and Standards. Cayce & Grove shall, in performing the services
contemplated by this agreement, faithfully observe and comply with all federal, state,
and local laws, ordinances, regulations and standards applicable to the services rendered
under this agreement. Applicable standards and laws include, but are not limited to,
indigent defense standards adopted by the Washington State Bar Association,
Washington State Supreme Court, and the National Legal Aid and Defender Association,
as well as generally applicable rules of professional conduct, any applicable case law
(including the decision by the federal court for the Western District of Washington in
Wilbur v. Mt. Vernon) and court rules that define duties of counsel to their clients.
D. Termination: Section 12 is amended to read as follows:
Termination. This Agreement shall remain in full force and effect from July 1, 2015
through December 31, 2018. The parties may agree, in writing, to extend the agreement
beyond December 31, 2018.
If no extension or replacement contract is agreed to, no new indigent clients will be
assigned to Cayce& Grove beyond December 31, 2018. However,to the extent consistent
with applicable rules of professional conduct, Cayce & Grove will continue to represent
clients assigned prior to January 1, 2019, for no additional charge, until the earlier of (1)
final disposition of the case (e.g., dismissal or sentencing), (2) substitution of counsel due
to (a) a conflict, (b) the client retaining private counsel, or (c) the City appointed a
replacement public defender. This is not intended to prevent Cayce & Grove from
withdrawing where such withdraw is required by applicable rules of professional conduct.
In the event of termination without an extension or replacement contract, City agrees to
(1)
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contract for replacement counsel to substitute for Cayce &Grove for all cases that remain
active as of April 1, 2019, except for cases that are at such a stage that substitution of
counsel would violate the rules of professional conduct. Cayce &Grove agrees to transfer
all such client files to the substituting counsel and provide any additional pertinent
information in order to allow for the substituting counsel to take over representation
without detriment to the client. The City agrees to reimburse Cayce & Grove, within 30
days of receipt of an invoice, for its reasonable costs in copying and/or transferring client
files to the substituting counsel. Beyond those costs, no additional compensation will be
provided for sharing of information or Cayce & Grove's continued representation of
clients for which it was paid based upon appointment to the case pursuant to Section 3
of this Agreement.
E. All terms of the Agreement not explicitly modified herein shall remain in full force and
effect and such terms shall apply to services performed according to this Amendment as
if fully set forth herein.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CON' LTNT
By: 1 :-- 112,111C-ZtiA.Y By: %Mg
Denis Law Tricia
Mayor y Cayce & Grove C
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Date Date
Attest
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City Clerk + _ * SEAL _ * _
Approved as to Legal Form '�,—°„p,00 ce'�•�
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Shane Moloney
Renton City Attorney
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