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1 <br />AMENDMENT NO. 2 <br />TO AGREEMENT FOR INDIGENT DEFENSE SERVICES <br />BETWEEN THE CITY OF EVERETT <br />AND EVERETT LAW ASSOCIATION <br /> <br /> This Amendment No. 2 to Agreement for Indigent Defense Services (this <br />“Amendment”) is dated for reference purposes November 1, 2024. It is by and between <br />the City of Everett, a municipal corporation under the laws of the State of Washington <br />(“City”) and Everett Law Association (“Public Defender”). <br /> <br />RECITALS <br /> <br /> A. The City and Public Defender are parties to the Agreement for Indigent <br />Defense Services dated November 8, 2018 (the “Agreement”), as amended. All <br />capitalized terms in this Amendment are as defined in the Agreement. Under the <br />Agreement, the Public Defender provides indigent defense services in connection with <br />the Everett Municipal Court. <br /> <br /> B. Because of changes in state law (2E2SSB 5536) regarding possession of <br />controlled substances, case counts in Everett Municipal Court requiring indigent <br />representation are increasing. In addition, the Washington State Bar Association <br />(WSBA) earlier this year revised its Standards for Indigent Defense Services including <br />the standard that employees at public defense agencies be compensated at a rate <br />comparable to those of employees in the opposing party offices in the area. <br /> <br />C. The purpose of this Amendment is to increase the Projected Case Count <br />from 2800 to 3600 cases per year and to increase compensation for both the increased <br />case count and the new comparable pay standard. These changes to the contract will <br />become effective as of November 1, 2024. <br /> <br />AGREEMENT <br /> <br />The City and Public Defender agree as follows: <br /> <br />1. The first paragraph of Section 2 of the Agreement is amended as follows, <br />with underlined text added: <br />Compensation. Effective January 1, 2019, the City shall pay to the Public <br />Defender for services rendered under this Agreement the sum of $92,166 per <br />month, which is based on a projected case count of 2800 cases per year (such case <br />count, the “Projected Case Count”). Effective November 1, 2024, the per-month <br />sum in the preceding sentence increases to $119,206.53 per month, based on an <br />updated Projected Case Count, effective November 1, 2024, of 3600 cases per <br />year and based on the WSBA comparable pay standard. In addition to this <br />amount, the City will pay to Public Defender an additional $7,834.00 per month <br />as compensation to Public Defender for costs associated with post-sentencing <br />hearings. Effective November 1, 2024, the per-month sum in the preceding <br />sentence increases to $10,126.80 per month. Public Defender acknowledges that <br />the City may make changes in its probation and other systems during the term of