2009/12/09 Council Agenda Packet

AMENDMENT NO. 1 TO PUBLIC DEFENSE SERVICES CONTRACT THIS AMENDMENT is dated as of December_, 2009, by and between the CITY OF EVERETT, a Washington municipal corporation (the "City") and BAKER, LEWIS, SCHWISOW & LAWS PLLC, a Washington professional limited liability company (the "Agency"). RECITALS A. The City and Agency are parties to the Public Defense Services Contract dated June 22, 2009 (the "Contract"). Under the Contract, the Agency provides indigent defense services in the Everett Municipal Court (the"Court"). B. The City and Agency have determined that filing paper notices of appearance with the Court is wasteful and creates unnecessary work for the Court and the Agency. The Court now has electronic systems that can track the Agency's appearance in each case. C. The City and Agency desire to amend the Contract so that Agency is not obligated to file a paper notice of appearance in each case. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Section 2(A)(2)(e) of the Contract is hereby deleted and replaced with the following: Unless otherwise directed by the Court or by the Contract Administrator, the Agency shall not in any Case file a paper Notice of Appearance with the Court. If the Agency is directed to file a paper Notice of Appearance, the Agency shall use forms provided by the Court. Such paper forms may include a notice statement that Indigent Defendants must pay the Indigent Defense Recovery Fee. The Agency's duty of representation is not affected in any way by the payment or non-payment of such fees. 2. The item in Section 3(B)(1) that reads Date Case assigned and Notice of Appearance filed is hereby deleted and replaced with the following: a Date Case assigned 3. Section 4(C)(3)(a) is hereby deleted and replaced with the following: Page 1 40