FIN 2020-10-26 Item 1C - Contract - 2021-2022 Public Defense Services

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City of Tukwila Contract Number: '" 6200 Southcenter Boulevard, Tukwila WA 98188 �D CONTRACT FOR PUBLIC DEFENSE SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirshenbaum & Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor" (collectively, "the Parties"). WHEREAS, the City has a need to have legal services available for citizens, charged with a crime who are deemed indigent and are entitled to the effective assistance of counsel at the public expense; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the Parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith, including the provisions of Washington Supreme Court Order 25700-A-1013 and the public defense standards adopted by the City pursuant to TMC 2.70. Compliance with these standards goes to the essence of this Agreement. The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule of services is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference, except as may be amended by the Parties following a mid -contract review to occur in approximately October 2021. A mutually agreed compensation adjustment, if any, may take effect on January 1, 2022. Compensation is based upon the historical case count for the City of cases per year, averaging 700 cases per year. In compliance with the public defense standards, the case counts include the Contractor's appearance at 48 arraignment calendars per year. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2021 and ending December 31, 2022 unless sooner terminated underthe provisions hereinafter specified. 4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Kirshenbaum & Goss 2021-2022 Page 1 of 10 27