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Home My WebLink AboutFS 2007-11-05 Item 2F - Agreement - 2008 Public Defense Services with Kirshenbaum and Goss City of Tukwila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Mullet, Mayor MEMORANDUM TO: Finance and Safety Comwittee ~ Mayor's Of FROM: SUBJECT: Public DATE: November 1,2007 Attached for your review is a contract with Kirshenbaum and Goss, Inc. P.S. for Public Defender Services. This contract will replace one currently in effect that expires on December 31,2007. The proposed 2008 contract reflects a 10 percent increase in the monthly rale, which we believe is appropriate given that the current rate has been effective for three years. The proposed contract incorporates an annual inflator to avoid such large increases in the future. It is recommended that the contract be reviewed by the committee, then forwarded to the November 19 Regular City Council Meeting for approval. Phone: 206-433-1800 . City Hall Fax: 206-433-1833 · www.cUukwila.wa.us CONTRACT FOR PUBLIC DEFENSE SERVICES Kirshenbaum and Goss. Inc.. P.S. - 2008 TillS CONTRACT, entered into between the CITY OF TUKWILA, a municipal corporation, herein referred to as the "City," and DAVID R. KIRSHENBAUM, herein referred to as "Attorney. " 1. Scope of Services. All indigent criminal defendants charged under ordinances of the City who qualify for appointment counsel and are screened upon or after January 1, +9992008, shall be referred to the Attorney. The Attorney shall provide legal representation for each of these defendants from the time of screening for eligibility through trial, sentencing and appeals to the Superior Court, if necessary. 2. Applicant Screening. Determination of indigency for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City. Should the Attorney determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney/client privilege, the Attorney shall so advise the City to reconsider the screening of that particular individual. 3. 24-Hour Telephone Access. The Attorney shall provide to the City Police Department, a telephone number or numbers at which an attorney may be reached 24-hours each day for "critical; stage" advice to the defendants during the course of police investigations and/or arrest for misdemeanor violations of City ordinances. 4. Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority to perform the services called for herein and Attorney may employ associate counsel to assist him/her at Attorney's expense. The Attorney and all associates or Attorney's hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. 5. Proof of Professional Liability Insurance. During the term of this Agreement and any extensions thereof, the Attorney shall secure and maintain a policy of comprehensive professional liability insurance given with an insurance company licensed to do business in the State of Washington. Said policy shall have limits of not less than $1,000,000.00. 6. Indemnification. The Attorney shall indemnify and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever arising out of the Attorney's performance of obligations pursuant to this Agreement, including claims arising by reason of accident, injury or death. 7. Compensation. The City shall pay to the Attorney for services rendered under this Agreement, the flat rate of$9,000.009.900.00 per month during the period of January 1, 2008~December 31, ~2008. This flat rate shall pertain to a caseloadof 120B{} per month. In those months where the caseload exceeds 120B{}, the Attorney shall be compensated at a rate of$85.00~ per case. These provisions shall be reviewed annually W:\Mayor's Office Contracts\Kirshenbaum Contract 2007amend track changes.doc SO:ksn 11/1/2007 Page 1 of 1 not later than October of each year beginning in 2008~ to determine their appropriateness. Adjustments in the rate for the following year shall be made upon mutual approval of the parties. The Attorney shall bill the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The first payment shall be made on or before January 20, 2008~, and by the 20th day of each and every month thereafter. Annual CPI adiustment will be determined using CPI-U Seattle February to February retroactive to January 1 of each year. 8. Discovery Provided. The City shall provide to the Attorney, at no cost to the Attorney or defendant, one copy of all discoverable material concerning each assigned case. Such material shall include, where relevant, a copy of the abstract of the defendant's driving record. 9. Code Provided. The City shall provide to the Attorney, at no cost to the Attorney, one copy of the Tukwila Municipal Code, and any amendments thereto adopted during the term of this contract. . 10. No Assil!nments or Subcontracts. No assignment or transfer ofthis Agreement, nor of any interest in this Agreement, shall be made by either of the parties without prior written consent. 11. Attornev Conflict. n the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Attorney. 12. Term of this Al!reement. Provisions of services pursuant to this Agreement shall commence on January 1, 2008~. This Agreement shall remain in full force and effect through December 31, 20 1 O~, unless terminated earlier pursuant to the provisions hereof. 13. Termination. a. At Election of the City or Attorney: The City or Attorney may terminate this Agreement without the necessity of substantiating cause upon expiration of 60 days from receipt by City or Attorney of written notice of such termination. b. For Reasons Beyond Control of Parties: Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control, such as, but not limited to, acts of nature, war or warlike operations; civil commotion; riot; labor dispute, including strike, walkout, or lockout; sabotage; or superior governmental regulation control. c. Notice: Notice of termination pursuant to section 13.b. above, shall be given by the party terminating this Agreement to the other not less than 30 days prior to the effective date of termination. W:\Mayor's Office Contracts\Kirshenbaum Contract 2007amend track changes.doc SO:ksn 1l/l12007 Page 2 of2 14. Amendments. No modification of amendment of the provision of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties hereto. 15. Entire Ae:reement. This instrument contains the entire agreement between the parties and may not be enlarged, modified, or altered, except in writing, signed by both parties and endorsed herein. Dated this day of , 2007;!.004. CITY OF TUKWILA: DAVID R. KIRSHENBAUM: By: By: Steven M. Mullet, Mayor ATTEST: By: Jane E. Cantu, CMC, City Clerk W:\Mayor's Office Contracts\Kirshenbaum Contract 2007amend track changes. doc SO:ksn 11/1/2007 Page 3 of3