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2010/07/28 Council Agenda Packet
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2010/07/28 Council Agenda Packet
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Council Agenda Packet
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7/28/2010
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AMENDMENT NO. 2 <br /> TO PUBLIC DEFENSE SERVICES CONTRACT <br /> THIS AMENDMENT is dated as of August , 2010, by and between the CITY OF <br /> EVERETT, a Washington municipal corporation(the"City") and BAKER, LEWIS, <br /> SCHWISOW &LAWS PLLC, a Washington professional limited liability company(the <br /> "Agency"). <br /> RECITALS <br /> A. The City and Agency are parties to the Public Defense Services Contract dated <br /> June 22, 2009, as amended by Amendment No. 1 (the"Contract"). Under the Contract,the <br /> Agency provides indigent defense services in the Everett Municipal Court. <br /> B. The City and Agency desire to make certain technical changes to the Contract that <br /> will enhance the efficiency of the Agency and Contract administration. <br /> AGREEMENT <br /> For good and valuable consideration, the receipt and sufficiency of which is <br /> acknowledged,the parties agree as follows: <br /> 1. Section 2(A)(2)(f) of the Contract is hereby deleted and replaced with the following: <br /> If an Indigent Defendant fails to appear for a hearing or trial before the Court,the <br /> Agency may apply to the Court to withdraw from representation of the Indigent <br /> Defendant unless the Court has set a new date for such hearing or trial. <br /> 2. Section 4(C)(3)(j),(k),(1),(m), and (n) are hereby deleted and replaced with the following: <br /> j. The Agency will earn 0.20 Case Credit for each post-Disposition hearing <br /> in each Case in which an Agency attorney appears as counsel of record for <br /> an Indigent Defendant or assists an Indigent Defendant as a friend of the <br /> court. For the purposes of this Section 4(C)(3)(j), "post-Disposition <br /> hearings" include without limitation hearings in connection with Failure to <br /> Comply/Bench Warrant Calendars, Restitution, Domestic Violence <br /> Reviews, Record Check Calendars, and Show Cause Calendars. <br /> k. [Intentionally Omitted.] <br /> 1. [Intentionally Omitted.] <br /> m. [Intentionally Omitted] <br /> n. [Intentionally Omitted.] <br /> 3. All provisions of the Contract remain in full force and effect,except as expressly <br /> modified by this Amendment. Capitalized terms not defined in this Amendment have the <br /> meaning given to them in the Contract. <br /> Page l <br />
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