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HomeMy WebLinkAboutCSS 2024-10-14 COMPLETE AGENDA PACKETCity of Tukwila Community Services and Safety Committee O Jovita McConnell, Chair O De'Sean Quinn O Hannah Hedrick AGENDA MONDAY, OCTOBER 14, 2024 — 5:30 PM Distribution: J. McConnell D. Quinn H. Hedrick Mayor McLeod M. Wine A. Youn L. Humphrey ON -SITE PRESENCE: TUKWILA CITY HALL HAZELNUT CONFERENCE ROOM 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 936039108# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 Item Recommended Action Page 1. BUSINESS AGENDA a. Contract for 2025-2026 Prosecution Services. a. Forward to 10/21 Regular Pg.1 Marty Wine, City Administrator Meeting Consent Agenda. b. Contract for 2025-2026 Public Defense Services. b. Forward to 10/21 Regular Pg.11 Marty Wine, City Administrator Meeting Consent Agenda. c. Contract for 2025-2026 City Attorney Services. c. Forward to 10/21 Regular Pg.29 Marty Wine, City Administrator Meeting Consent Agenda. d. Police Department 2024 3rd Quarter Report. d. Discussion only. Pg.41 Eric Dreyer, Po/ice Chief 2. MISCELLANEOUS Next Scheduled Meeting: December 09, 2024 S. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. TO: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Mayor McLeod Community Services and Safety Committee FROM: Marty Wine City Administrator BY: Cheryl Thompson Executive Coordinator DATE: September 30, 2024 SUBJECT: 2025-2026 Contract for Prosecution Services ISSUE The current contract for prosecution services expires December 31, 2024. The proposed contract for 2025-2026 is attached. BACKGROUND The City has contracted with Karen Lentz PLLC for Prosecution Services since July 1, 2023, through a Request for Proposals process conducted in May 2023. Prior to contracting with the City, Ms. Lentz served as the Tukwila Prosecuting Attorney since April 2022 as a subcontractor with the Walls Law Firm. DISCUSSION The City currently pays Ms. Lentz $14,000 per month for prosecution services and provides supporting resources for case management. The 2025-2026 contract increases monthly compensation by approximately 3.2% each calendar year paying $14,450 per month in 2025 and $14,900 per month in 2026 and continues to provide supporting resources for case management, legal research and evidence access. The attached agreement has been reviewed by the City Attorney's Office. RECOMMENDATION The Committee is being asked to move this contract forward to the consent agenda of the October 21, 2024, Council Meeting. ATTACHMENTS Draft Contract for Prosecution Services for 2025-2026 1 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR PROSECUTION SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Karen S. Lentz, PLLC hereinafter referred to as "the Contractor". WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the staffing or expertise to perform such services; 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 conditionafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed services described on Exhibit A attached hereto an forth. In performing such services, the Contractor shall a statutes, ordinances and rules applicable t standards goes to the essence of this Agreem approval from the City if the scope of s ices is o ontr tor. The ontractor shall perform those ted herein by this reference as if fully set times comply with all Federal, State, and local of such services. Compliance with these or shall request and obtain prior written d in any way. 2. Com • ensation and Method of P e City .11 pay the Contractor for services rendered according to the rate and method set forth . ► . - ed hereto and incorporated herein by this reference. 3. Duration of Agreeme 1, 2025, and endin specified. hall be in full force and effect for a period commencing January 202:, unless sooner terminated under the provisions hereinafter 4. Independent Contractor. actor 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 Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 1 of 8 3 the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain forthe duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insure of the types and with the limits described below: 1. Automobile Liability: Waived. The Contractor ack required for the provision of services and any tr agreement. 2. Commercial General Liability: Waived. 3. Workers' Compensation: The Contra coverage as required by the In• trial 4. Professional Liabilit I the duration of this Ag $2,000,000 per cla. in a manner a required ins B. Other Insurance Pro insurance policies are to edge ,at use of a motor vehicles is not to and fro 'urt is outside the scope of this e and maintain Workers' Compensation ce la of the State of Washington. or shall procure and maintain in full force throughout al Liability insurance with a minimum coverage of 000 aggregate. Contractor shall provide evidence of such coverage to the City in the City's sole discretion. Cancellation of the mati ally result in termination of this Agreement. e Contractor's Automobile Liability and Commercial General Liability ain or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 2 of 8 4 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement and to ensure compliance with the Public Records Act, chapter42.56 RCW. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement, to the extent permitted by law. 9. Termination. This Agreement may at any time be terminated b e City giving to the Contractor thirty (30) days written notice of the City's intention to terminate e. Failure to provide products on schedule may result in contract termination. If the Contr c •r's in nce coverage is canceled for any reason, the City shall have the right to terminate this Agent imme• -ly. 10. Discrimination Prohibited. The Contractor, with reg o ork performed by it under this Agreement, will not discriminate on the grounds of race, religion, cre olor, national origin, age, veteran status, sex, sexual orientation, gender identity, marital st. • itical tion, the presence of any disability, or any other protected class status under state or f-► th selection and retention of employees or procurement of materials or supplies 11. Assignment and Subcontract. contemplated by this Agreemen attend Court due to illne qualified attorney to c the Contractor will not assign or subcontract any portion of the services en consent of the City. If the Contractor is unable to unforeseen circumstances, she will make arrangements with a If coverage is needed for more than 5 consecutive Court days, rovfrom the City. 12. Entire Agreement. This -e t, together with attachments or addenda, represents the entire and integrated Agreement bet : the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Administrator, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 3 of 8 5 Notices to the Contractor shall be sent to the following address: Karen S. Lentz, PLLC 10410 163rd Court NE Redmond WA 98052 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifi lly understand and agree that venue shall be properly laid in King County, Washington. The prevailin ty in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Kari L. Sand, City Attorney CTOR aren Lentz, WSBA# 50396 Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 4 of 8 6 EXHIBIT A - SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in- house Prosecuting Attorney. Karen S. Lentz is the designated attorney that will serve as the City Prosecutor. Any changes in this designation must be approved in advance by the City. 1. Police Report Review. Review all Tukwila Police Reports involving misdemeanor and gross misdemeanor crimes, make decision as to filing of criminal charges or referral for pre -filing diversion in alignment with City policies and in consultation with the Tukwila Police. 2. Court Appearances. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of Tukwila including but not limited to: in-custody/out-of-custody arraignments, pretrial hearings and motions, readiness hearings, bench trials, jury trials, sentencings, review hearings, tow hearings and contested traffic and parking infraction hearings when the offender is represented by an attorney. 3. Appeals. The City shall pay the Attorney an additional sum of $80 r appeal filed with the King County Superior Court in connection with criminal misdemeanor andisdemeanor cases. 4. Conflict Counsel. In the event prosecution of a defenda reunder rai conflict of interest, the City will provide a conflict prosecutor at no cost to the Co ctor. 5. Case Preparation. Conduct investigations, contact witne advise victims regarding their rights and responsibilities, coordinate with the victim as - hen opriate, conduct plea bargain negotiations and make appropriate plea offer 'th e laws and regulations as well as City of Tukwila standards and policies, make - mtencin, .ail r-commendations to the Court, prepare and present legal memoranda, subpoe .,j nstru ons and other related materials, argue motions, represent the City at restitution . rings nch tri and jury trials. 6. Administrative Functions. and parking hearings s files shall remain pr Agreement or upon re State document retention functions relating to criminal prosecution and contested traffic maintenance of files, and completion of discovery requests. All and hall be returned to the City upon termination of this y. Contractor shall retain all records in accordance with Washington 7. Police Department Support. Advise the Tukwila Police Department on the conduct of investigations, search warrants, trial preparations and related matters. Provide legal research, training and assistance to the Tukwila Police Department including statutory interpretation, enforcement issues and case decisions. Attend police department administrative staff meetings as requested. The Prosecutor shall be reasonably available for night and weekend contact by police personnel. 8. Resources. The City will provide the Contractor with the following resources for use while conducting business on behalf of the City: • A City cell phone for use in communicating with police officers; • A City laptop; • Access to Prosecute by Karpel case management software; • Access to Axon Evidence Justice Services; • Access to LexisNexis for legal research; Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 5 of 8 7 9. Policy Revisions and Tukwila Municipal Code Amendments. Contractor will communicate and coordinate with City Administration on any requested policy revisions or municipal code amendments. 10. Training. Contractor agrees to attend seven (7) hours of prosecution focused training each year. This requirement also applies to all associate counsel. Each Attorney will submit a copy of their Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report. 11. Reporting. Contractor agrees to submit the following reports: • Monthly Statistics Reports: This report shall take substantially the same form as that attached hereto as Exhibit C and shall be submitted with the monthly invoice. • Annual Report: This report will detail the number of cases filed for the year, the number of cases referred for pre -filing diversion, the number of cases where pre -filing diversion was successfully completed, the number of cases where stipulated orders of continuance or deferred prosecution was agreed to, and the number of cases dismissed. Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 6 of 8 8 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Base Compensation. For 2025, all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $14,450, plus allowed expenses. For 2026, all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $14,900, plus allowed expenses. Allowed expenses shall include record requests to other courts for use in prosecution. 2. Invoices. The Contractor shall invoice the City by the tenth day of each month for the previous month services. 3. Community Court or Additional Court Calendars. The Tukwila Municipal Court is researching implementation of a Community Court. If a Community Court or additional court calendars are implemented during the term of this contract, the impact to provision of prosecution services will be assessed and compensation will be negotiated and adjusted accordingly. Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 7 of 8 9 EXHIBIT C - PROSECUTION MONTHLY REPORT CASES New Filings Cases Declined PRE -FILING DIVERSION Referred for pre -filing diversion Successful completion of pre -filing diversion DISPOSITIONS Deferred Prosecution SOC/ Pre -Trial Diversion Agreement DWLS 3 Amended to Infraction Dismissals prior to Readiness TRIALS SET TRIED Stipulated Facts Trial Bench Trial Jury Trial Dismissals - Post Readiness/Day of Trial , Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 8 of 8 10 TO: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Mayor McLeod Community Services and Safety Committee FROM: Marty Wine City Administrator BY: Cheryl Thompson Executive Coordinator DATE: October 7, 2024 SUBJECT: 2025-2026 Contract for Public Defense Services ISSUE The current contract for public defender services provided by Kirshenbaum & Goss expires December 31, 2024. The proposed contract for 2025-2026 is attached. BACKGROUND The Sixth Amendment of the United States Constitution requires that people accused of serious crimes who cannot afford to pay for private counsel be provided with an attorney. Responsibility for upholding the mandate of the Sixth Amendment lies with the states, although in Washington State this responsibility has been delegated to counties and municipalities that have judicial branches. The City of Tukwila contracts for public defense services to provide legal representation for indigent criminal defendants who qualify for appointment of counsel. Representation is provided from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. Two significant occurrences have impacted the provision of public defense services in the recent past: 1) Effective January 1, 2015, Public Defense Standards were adopted by the Washington State Supreme Court. These standards delineate the number of cases each attorney can handle per year and mandates that compensation include administrative and training costs. 2) The federal court decision, Wilbur v. Mt. Vernon provided additional emphasis on requirements for timely contact with clients, provision of support services for public defense attorneys to provide adequate representation like investigation services, interpreter services and expert witnesses, and reasonable compensation. The City has developed a Public Defense program that fully complies with the Public Defense Standards and Wilbur v. Mt. Vernon. The City has historically contracted with Kirshenbaum & Goss, Inc. P.S. for the provision of public defense services. In September 2022 the City advertised a Request for Proposals for the 11 INFORMATIONAL MEMO Page 2 provision of public defense services. Kirshenbaum & Goss was the only firm to submit a proposal. In 2018 the City was paying $32,600 per month for public defense services. Due to a decline in caseload numbers and the impacts of the pandemic, that rate was reduced and in 2023-2024 we paid a Base Compensation rate of $29,500 per month for public defense services with an additional $375 per case for each case assigned over the 240 quarterly caseload and an additional $800 for any case that is appealed to King County Superior Court where the firm has to prepare and submit a brief. As of today, we have not exceeded 240 case assignments per quarter and there have been no appeals to Superior Court. DISCUSSION Due an increase in caseload numbers parallel to the caseload of 2018, the proposed 2025- 2026 contract restores Base Compensation to $32,600 per month for public defense services with $30,600 being paid from the general fund and $2,000 per month from Office of Public Defense grant funds. The contract provides for an additional $550 per case for each case assigned exceeding a 240 quarterly caseload and maintains an additional $800 for any case appealed to King County Superior Court. This contract also has an additional provision for compensation at $550 per case specific to Drug Possession cases paid for through the Simple Possession Advocacy and Representation (SPAR) Program grant. The overall impact to the budget is an additional $13,200 per year from the general fund. The 2025-2026 agreement allows for compensation review in three circumstances: 1) When the City receives notice from the Office of Public Defense regarding the 2026-2027 Grant Application, to adjust compensation, if needed; 2) lithe Tukwila Municipal Court implements a Community Court during the term of the Agreement, the impact to provision of public defense services for the Community Court will be assessed and compensation may be adjusted accordingly; and 3) to comply with any amendments made to the Washington Supreme Court Standards for Indigent Defense, which are currently under consideration. The attached agreement has been reviewed by the City Attorney's Office. Standards for Indigent Defense The Washington State Supreme Court is currently reviewing a request from the Washington State Bar Association (WSBA) to revise the Standards for Indigent Defense that outlines the requirements that jurisdictions must meet in providing public defense services. The revisions requested by the WSBA for municipal courts are summarized below: • Reduction of misdemeanor caseloads from 400 cases per attorney per year beginning July 2025 with the end result being 80-120 misdemeanor cases per attorney per year, depending on the complexity of the cases effective July 2027. • Required ratio of investigators, support staff, mitigation specialists and interpreter services per attorney. 12 INFORMATIONAL MEMO Page 3 These requirements would have a significant impact not only from a budgetary standpoint but could also impact charging decisions at the felony level all the way down to the misdemeanor level. The Washington State Supreme Court is accepting public comment on the proposed changes through October 31, 2024. Staff has prepared the attached letter to submit as public comment from the City of Tukwila and is requesting that the City Council join Mayor McLeod in signing the letter expressing concerns about the proposed Standards. RECOMMENDATION The Committee is being asked to move the agreement and letter forward to the October 21, 2024, consent agenda. ATTACHMENTS Draft Contract for Public Defense Services for 2025-2026. Draft letter to Washington State Supreme Court re: Indigent Defense Standards 13 14 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR PUBLIC DEFENSE SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a non -charter 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 those charged with a crime in Tukwila Municipal Court who are deemed indigent and are entitled to the effective assistance of counsel at the public expense; and WHEREAS, the Federal Court decision Wilbur v. Mt. Vernon e► asizes the need for the City to provide indigent defense services to clients of the Tukwila Muni ' . 'urt in a manner which fully complies with the City's obligations under the Sixth Amend rryn to the 'led States Constitution; and WHEREAS, the City desires to have the Contractuch services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefi �.r �'tiol�hereinafter contained, the Parties hereto agree as follows: 1. Sco » e and Schedule of Servi - . to b rfor b Contractor. The Contractor shall perform those services described on E ereto and incorporated herein by this reference as if fully set forth. In p- ''ng h services, the Contractor shall at all times comply with all federal, state, and l• statu'. ru nd ordinances applicable to the performance of such services and the ha 'ng of an nds used in connection therewith, including the provisions of CrRLJ 3.1 and the pub efen .tandards adopted by the City pursuant to TMC 2.70. Compliance with these st. i s goes to the essence of this Agreement. The Contractor shall request and obtain prior wn ten 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. Base Compensation is in consideration of a caseload not to exceed 960 cases per year. In compliance with the public defense standards, the case counts include the Contractor's appearance at 48 arraignment calendars per year. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2025, and ending December31, 2026, unless sooner terminated under the provisions hereinafter specified. Kirshenbaum & Goss 2025-2026 DRAFT Page 1 of 10 15 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 Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the so - •egligence of the City. Should a court of competent jurisdiction determine that this Agree is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily persons or damages to property caused by or resulting from the concurrent ligence . e Contractor and the City, its officers, officials, employees, and volunteers, t ontractor's li. ity hereunder shall be only to the extent of the Contractor's negligence. It i the ecifically and expressly understood that the indemnification provided herein constitut Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely urpo of this indemnification. This waiver has been mutually negotiated by the parti si s of this section shall survive the expiration or termination of this A; -- ent. 6. Insurance. The Contractor insurance against claims for in in connection with the representatives, e of coverage and lim Contractor to the cove any remedy available at 1 intain for the duration of the Agreement, pe • or damage to property which may arise from or f the work hereunder by the Contractor, their agents, actors. Contractor's maintenance of insurance, its scope herein shall not be construed to limit the liability of the ed by such insurance, or otherwise limit the City's recourse to n equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance with 16 Kirshenbaum & Goss 2025-2026 DRAFT Page 2 of 10 limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors, personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 26. 3. Workers' Compensation: The Contractor shall procure and maintain Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability Insurance: The Contractor shall throughout the duration of this Agreement Professi minimum coverage of $2,000,000 per claim and provide evidence of such coverage in a mann City's sole discretion. Cancellation of the termination of this Agreement. B. Other Insurance Provision. The Con Liability insurance policies are to cont primary insurance with respec - he coverage maintained by the contribute with it. p ' ure and maintain in full force Liability insurance with a 0 aggregate. Contractor shall nd form eptable to the City in the r- fired insuranc- all automatically result in 's Aut• •bile Liability and Commercial General ed to contain, that they shall be y ins rance, self-insurance, or insurance pool ess of the Contractor's insurance and shall not C. Acceptability of I - In . nce is to be placed with insurers with a current A.M. Best rating of not les D. Verification of Co • ge. tractor shall furnish the City with original certificates and a copy of the amendato - • orsements, including but not necessarily limited to the additional insured endo ement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. Kirshenbaum & Goss 2025-2026 DRAFT Page 3 of 10 17 B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Amendment or Renegotiation. This Agreement may be amended prior to the effective date of any significant changes to the Washington Supreme Court Standards for Indigent Defense. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor, with regard to th rk performed by it under this Agreement, will not discriminate on the grounds of race, re ' n, creed, color, national origin, age, veteran status, sex, sexual orientation, gender iden ' , 'tat status, political affiliation, the presence of any disability, or any other protecte ss stat der state or federal law, in the selection and retention of employees or proc ent of mater or supplies. 11. Assignment and Subcontract. The Contractor shal assign or subcontract any portion of the services contemplated by this Agreement the n consent of the City. 12. Entire Agreement. This Agreemen • :eth attaa ments or addenda, represents the entire and integrated Agreeme .et •n th ity and the Contractor and supersedes all prior negotiations, representation 'tten or oral. No amendment or modification of this Agreement shall be of any e - . nless it is in writing and signed by the parties. 13. Notices. Notices to the City o wila sha •e sent to the following address: City Administration City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: Kirshenbaum & Goss, Inc. P.S. 6300 Southcenter Blvd Suite 211 Tukwila, WA 98188 14. Severability and Survival. If any term, condition, or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, 1 8 Kirshenbaum & Goss 2025-2026 DRAFT Page 4 of 10 which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Applicable Law, Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 2024. CITY OF TUKWILA CONTRACTOR: CT Thomas McLeod, Mayor David K. enbau Attest/Authenticated: Appro as to Form: Andy Youn, City Clerk Attorney's Office Kirshenbaum & Goss 2025-2026 DRAFT Page 5 of 10 19 EXHIBIT A - SCOPE OF SERVICES 1. General Scope of Representation. Provide legal representation services in accordance with the standards adopted by the City in TMC 2.70, the standards set forth by the Washington State Bar Association Standards for Indigent Defense Services, the Rules of Professional Conduct, Wilbur v. Mt. Vernon, other related case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases for all indigent criminal defendants charged with a misdemeanor or gross misdemeanor under ordinances of the City who qualify for appointment of counsel. The Contractor agrees to attempt to contact the client within 72 hours of notification of appointment. The Contractor shall provide legal representation for each of these defendants from time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. 2. Video Court Services. Provide daily video court public defens- -rvices to defendants charged under ordinances of the City who are detained at the SCORE Jai :. ify for public defense services in a manner consistent with the accepted practices fo imilar s •ces, performed to the City's satisfaction. 3. Attorney of the Day Services. Provide an attorney fo' kly arraignment calendars, available to all unrepresented defendants for consultatio 4. Screening. Determination of indige shall be determined by an ind Contractor determine a defe the attorney/client privilege, th that particular individu 5. 24-Hour Contact In telephone number or n stage" advice to the de for e ty fo appointed counsel under this Agreement scr ing process established by the City. Should the or assigned counsel prior to the establishment of ac . all so advise the City to reconsider the screening of Contractor shall provide to the City Police Department, a hich an attorney may be reached 24-hours each day for "critical is during the course of police investigations and/or arrest for misdemeanor violations of City Ordinances. 6. Authority to practice. Any counsel associated with or employed by the Contractor shall have the authority to perform the services called for herein and the Contractor may employ associate counsel to assist him/her at the Contractor's expense and with written consent from the City in compliance with Section 11 of this Agreement. The Contractor and any other attorneys retained pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington and shall have read and be fully familiar with the provisions of the Washington Supreme Court rule and the standards adopted by the City pursuant to TMC 2.70, as well as the Wilbur v. Mt. Vernon decision. 7. Conflicts. In the event representation of a defendant hereunder raises a conflict of interest such that the Contractor cannot ethically represent the defendant, said defendant shall be referred 20 Kirshenbaum & Goss 2025-2026 DRAFT Page 6 of 10 back to the City for further assignment, without being included in the caseload assignments for the Contractor. 8. Discovery. The City shall provide to the Contractor, at no cost, 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. Training. Contractor agrees to attend seven (7) hours of criminal defense training each year. The training must be approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements. This requirement also applies to all associate counsel. Each attorney will submit a copy of their Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report. 10. Case management. Pursuant to TMC 2.70.050 Standard 8 e Contractor shall maintain a case reporting and case management system that includes n . - pe of cases, attorney hours and disposition. 11. Reporting. Contractor agrees to submit the folio re s: • Monthly Case Assignment List: Includes Cause N r, Name, Charges, Date of Assignment and Date of First Effort to Contact; • Monthly Statistics Report: This report s t`!htially the same form as that attached hereto as Exhibit C and shall b •mitt- the onthly invoice; • •uarterl Certification of J1 e: Contractor shall certify compliance with the standards required by Cr' • - ert ation shall take substantially the same form as that attached hereto as Exh . n s . se filed quarterly with the Tukwila Municipal Court on the following d -. ' ua April 1, July 1, and October 1, or the next court day, if the filing day falls ay; • Annual Report: ling the ber of other public defense contracts including jurisdiction, the number and type o -pu' defense cases handled, and the total hours billed for non-public defense cases. 12. Client Contact Prior to Court Hearings. Contact all clients 1-2 business days prior to their court hearing to confirm access to and knowledge of how to utilize the necessary technology to appear before the court. 13. Additional Coverage for Review Calendars. Provide a minimum of two attorneys at each review calendar to expedite efficient hearings. Kirshenbaum & Goss 2025-2026 DRAFT Page 7 of 10 21 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Base Compensation Rate. Effective January 1, 2025, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $32,600, which includes $2,000 per month Office of Public Defense (OPD) grant funds to compensate for additional services provided as outlined in Exhibit A Sections 12 & 13. Should provision of the additional services be modified in any way, compensation will be adjusted accordingly. OPD grant funds have been awarded for 2025. If needed, a mid -contract review will be conducted to adjust compensation based on grant funding. 2. Caseload Compensation. Caseload assignments will be evaluated on a quarterly basis. For each case per quarter over 240 cases additional compensation will be provided at the rate of $550 per case. 3. Possession and Public Use Cases: Simple Possession Advocacy funds have been awarded through June 30, 2025. These fun or public use of a controlled substance cases. The City wil remainder of 2025-2026. Representation (SPAR) grant pay $550 per case for possession rcontinued grant funding for the 4. Appeals. The City shall pay the Attorney an additi. su $800 per RALJ appeal filed with the King County Superior Court in which a brief has been . by the Contractor. 5. Community Court. The Tukwila Municipal C jurisdictional Community Court. If a mu contract, the impact to provisio assessed and compensation 6. Preauthorized Non-R preauthorized by or limited to: ch g implementation of a cross- urt is mplemented during the term of this e services for the Community Court will be d i ngly. Non -routine case expenses requested by Attorney and unicipal Court. Non -Routine expenses include, but are not a. Medical and ps .tric aluations; b. Expert witness fee expenses; c. Interpreters for languages not commonly spoken in the city or interpreters; d. Investigation expenses; e. Medical, school, birth, DMV, 911, emergency communication recordings and logs, and other similar records when the cost of an individual item does not exceed $75; and f. Any other non -routine expenses the Tukwila Municipal Court finds necessary and proper for the investigation, preparation, and presentation of a case. 7. Invoices. The Contractor shall invoice the City by the fifth day of the month for all cases assigned to him/her for the previous month. The bill shall delineate the following: • City compensation; • Miscellaneous Charges: Copies of invoices and/or receipts shall be attached to the bill; and • A list of the cases assigned for the month including the defendant's full name, case number, charges, date of assignment & date of first contact. 22 Kirshenbaum & Goss 2025-2026 DRAFT Page 8 of 10 EXHIBIT C - PUBLIC DEFENSE MONTHLY REPORT - Kirshenbaum & Goss CLIENT CONTACT # per month Jail Visits Out of Court Meetings Phone Calls Email Correspondence MOTIONS PRACTICE Motions RESOURCES UTILIZED Expert Consulted Immigration Case Assistance/Resources (WDA) Interpreter (out of court) Investigator Referred for Mental Health/Competency Evaluatio Social Services Liaison COMPLAINTS Complaint Forms Received from Clients Complaints Filed with the WSBA TRAINING (in hours) WDA WACDL Other Kirshenbaum & Goss 2025-2026 DRAFT Page 9 of 10 23 EXHIBIT D - CERTIFICATION OF COMPLIANCE MUNICIPAL COURT FOR CITY OF TUKWILA STATE OF WASHINGTON CERTIFICATION BY: [NAME], [WSBA#] QUARTER [1ST,2ND, 3RD, 4TH] CALENDAR YEAR 202_ The undersigned attorney hereby certifies: 1. I am familiar with the Standards for Indigent Defense by the Supreme Court which apply to attorneys appointed to represent indigent cli 2. I file certification forms in each court in which .. - ndit defense representation. 3. Approximately % of my total practice time d= indigent defense cases. Approximately % of my total prme i -voted to indigent defense cases in Tukwila Municipal Court. 4. I am appointed in other courts t. ovi. - yefense representation. My practice time in each is approximately as follows: Not Applicable Court: Total practice: % Court: Total practice: % Court: Total practice: % 5. Caseload: I limit the number ses and mix of case types to the caseload limits required by Standards 3.2, 3.3 and 3.4. My caseload is prorated to the percentage of my practice devoted to indigent defense. 6. Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. I am familiar with the specific case qualifications in Standard 14.2 and accept appointment as lead counsel only when I meet the qualifications for that case. 7. Office: I have access to an office that accommodates confidential meetings, a postal address, and adequate telephone and communication services as required by Standard 5.2. 8. Investigators: I have investigators available to me and use investigative services as appropriate, as required by Standard 6.1. CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1/CrRU 3.1/JuCR 9.2 Certification for: to MM/DD/YYYYMM/DD/YYYY Attorney Signature WSBA No. Date 24 Kirshenbaum & Goss 2025-2026 DRAFT Page 10 of 10 City of Tukwila Thomas McLeod, Mayor Mayor's Office - Marty Wine, City Administrator October 22, 2024 Washington Supreme Court PO Box 40929 Olympia WA 98504 Re: Proposed changes to the Washington Supreme Court Standards for Indigent Defense Dear Honorable Justices: The City of Tukwila respectfully implores the Washington Supreme Court to reject the requested amendments to the Standards for Indigent Defense in CrRLJ 3.1. The City of Tukwila supports a defendant's constitutional right to effective assistance of counsel. The criminal justice system is facing significant workforce challenges, and the City of Tukwila is working to provide resources that ensure every adult misdemeanor defendant has effective assistance of counsel where the attorney meets an "objective standard of reasonableness" under "prevailing professional norms."' The proposed revisions to the state's Standards for Indigent Defense will not solve current issues and will result in new and weightier challenges than before, and the potential for felony cases to be charged as misdemeanors would have a significant impact on the Municipal Court caseload. The proposed changes are based on a national study. The proposed changes to the state's Standards for Indigent Defense are predicated on a 2023 national study2 completed by the RAND organization. The report notes that the views expressed in the report are solely the opinions of the authors and have not been approved by the American Bar Association3. Furthermore, the RAND report says that the results of the study are "primarily applicable to locations or for purposes where jurisdictionally focused workload standards have not already been produced." Washington state currently has caseload standards in place. The report continues to state that, "the most accurate weighted caseload model is developed specifically for an individual state or jurisdiction." Therefore, the appropriate response would be for Washington to conduct the necessary research and base recommendations on that research. These issues are too important to rush in haste to a solution. 1 Strickland v Washington, 466 US 668 (1984) 2 http://www.rand.org/pubs/research reports/RRA2559-1.html 'RAND Report Page ii Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 25 Washington Supreme Court October 22, 2024 Page 2 The criminal justice system requires effective coordination of all moving and interdependent parts, including prosecutors, defense attorneys, judges, court staff, victims' advocates, investigators, social workers and external resources like substance use and behavioral health treatment providers. Without adequate funding and workforce available to meet the proposed standards, it is inevitable that more criminal cases will be dismissed due to a lack of defense counsel, including misdemeanor DUI and domestic violence cases. The proposed recommendations will exacerbate current challenges with harmful consequences. Smaller jurisdictions struggle the most to recruit and retain public defense attorneys. Modifying the caseload standards will not provide equal access to justice but will increase the challenges that smaller jurisdictions will have in providing public defense services. Instead, the solution lies in concerted workforce efforts to increase access to internships, student loan forgiveness programs for contract attorneys, and other programs designed specifically to increase the workforce in smaller, underserved areas. There is an inadequate workforce to meet the proposed standards To implement the proposed caseload standards, the City of Tukwila will require at least three times the number of public defense attorneys, as well as social workers and investigators. There is a very real concern that the workforce required will not be available within the timeframe envisioned by the proposed standards. With the inability to expand the workforce to meet the standards, the City of Tukwila would be hindered in the ability to address misdemeanor crimes consistently and effectively, including crimes like domestic violence, drug possession, and DUI. Additionally, misdemeanor caseloads may be incrementally increased when felony charges are reduced down to a misdemeanor. The City of Tukwila supports a concerted legislative effort to increase the workforce pipeline for public defenders, prosecutors, court staff, social workers, investigators, and other key personnel. However, even if the legislature takes significant steps in the 2025 legislative session towards these goals, the recommended caseload standards as proposed are not feasible. The proposed standards are financially infeasible for cities The City of Tukwila pays public defense costs out of the general fund budget. Funding sources for a city's general fund are statutorily and constitutionally limited, in addition to being constrained by residents' ability and willingness to pay. The State currently funds only a small fraction of public defense costs. Given the current state budgetary forecasts, this is unlikely to change in the near future. Faced with these cost increases, the City of Tukwila may be forced to make budget cuts to other services, including those designed to address the root causes of criminal behavior keeping people out of the criminal justice system. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 26 Washington Supreme Court October 22, 2024 Page 3 Better alternatives exist to address the challenges A Washington -state specific study: The RAND report highlighted national issues and has prompted other states and local governments to call for a location -specific study to determine the appropriate weighted caseload standard for their jurisdiction. Rather than making a decision on the WSBA recommendations in haste, the City of Tukwila supports careful consideration of a state -specific standard developed by a neutral researcher. We urge approval of only portions of the proposed recommendations that are feasible and achievable within current revenue and workforce limits, and which will improve public defense. The proposed caseload limits have been the focus of much of the attention related to the WSBA's recommendations, however, some components of the proposed revisions are feasible and would strengthen Washington's public defense services. For example, the City of Tukwila supports the training and qualification requirements for misdemeanor public defenders. While the staff ratios envisioned in the proposed standards may not be workable everywhere, we support the idea of providing access to investigators, social workers, and interpreters. These types of reforms are positive steps forward but if the rigid requirements of the proposed revisions are adopted the City of Tukwila will be limited in the provision of these resources. If the Court is inclined to adopt the proposed revisions to the Standards for Indigent Defense in their entirety, we ask the Court to exempt adult misdemeanors from the revisions, or at a minimum, delay implementation as to misdemeanors for several years to allow time to build the necessary workforce and time for the legislature to appropriate the needed funding increases. The City of Tukwila appreciates the work done by our public defenders. We know that the current recommendations will not solve the issues. At best, the recommendations are financially and logistically infeasible, and at worst, they will create harmful consequences. We ask that you do not adopt the proposed changes. We appreciate the opportunity to comment on the proposed revisions to the Standards for Indigent Defense, and we welcome any questions you may have. Thomas McLeod Mohamed Abdi Mayor Council President Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 27 28 TO: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Mayor McLeod Community Services and Safety Committee FROM: Marty Wine City Administrator BY: Cheryl Thompson Executive Coordinator DATE: September 30, 2024 SUBJECT: 2025-2026 Contract for City Attorney Services ISSUE The current contract for City Attorney Services provided by Ogden Murphy Wallace expires December 31, 2024. The proposed contract for 2025-2026 is attached. DISCUSSION Ogden Murphy Wallace began providing City Attorney Services to the City of Tukwila in April 2020. The City currently pays a flat rate of $35,000 per month for general City Attorney services. Under the proposed 2025-2026 contract, general City Attorney services will be maintained at 28 hours per week with monthly compensation increasing by 4% in 2025 to $36,400 per month and by an additional 5% in 2026 to $38,220 per month in 2026. Litigation, contested administrative proceedings, and special services are subject to prior approval and are billed at the hourly rates of the staff involved. Hourly rates are listed in Exhibit B to the contract. RECOMMENDATION The Committee is being asked to move this contract forward to the October 21, 2024, consent agenda. ATTACHMENTS Draft 2025-2026 Contract for Legal Services 29 30 OGDEN MUVHY WALLACE ATTO RNEYS October 8, 2024 SENT VIA E-MAIL ONLY Thomas McLeod, Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Thomas.McLeod@TukwilaWA.gov Re: OGDEN MURPHY WALLACE, PLLC 901 FIFTH AVENUE, SUITE 3500 SEATTLE, WA 98164-2008 T 206.447.7000 F 206.447.0215 OMWLAW.COM KARI L. SAND 206.447.2250 ksand@omwlaw.com Engagement Letter for City Attorney Serviceough Decem'31, 2026 Dear Mayor McLeod: My team at OMW and I appreciate the op to continued service providing City Attorney services for the City of Tukwila fro , an 1 5 through December 31, 2026. The purpose of this letter is to confirm ho • se ill b- provided. In our representation of cl. understanding of the a Terms of Engageme set forth our agreemen questions regarding the p nk it is critical that our clients and the firm share the same onship. To that end, enclosed is a copy of our Standard me etter and the enclosed Standard Terms of Engagement ease review them carefully and let me know if you have any s. Legal Fees We will provide City Attorney services up to approximately 28-hours per week consistent with Exhibit A, the Scope of Services. I will serve as City Attorney and will be available, either in -person or remotely, as needed. Other Members and Associates also will be available, either on -site or remotely, as appropriate, as well as any other Member of my firm whose expertise may be needed, such as Member Karen Sutherland. Invoice statements will be sent monthly via regular mail or e- mail, unless you request otherwise. As supervising attorney, I will be responsible for seeing that the work is carried out in an efficient and economical manner. I will be assisted by other attorneys and legal assistants in our office. They are all bound to you by the same duties of loyalty and confidentiality that binds me. 31 Mayor Thomas McLeod October 8, 2024 Page 2 Hours of Work Staffing Model General Services Rate Flat monthly rate of $36,400 in 2025; Approx. 28 KLS = Supervising Lead City Attorney flat monthly rate of hours per week Other Member & Associate Attorneys, as $38,220 in 2026; and (varies) appropriate to the task other fees for separate & special services, as explained below. For 2025, the flat monthly billing rate will be $36,400 per month for City Attorney "General Services," as specified in Exhibits A (Scope of Services) and Payment). For representation on "Separate Services," such as litigation, and other project/site-specific land use work and agreements, as specified in Exhibits A and B, the Member mg r Associate billing rate will be $285 per hour. For repres ion on ` for reimbursement to the City from an applicant (e.g. nchisas (e.g., small cell ROW agreements, pole leases, etc.) w $300 per hour for Associates. We will not billir travel to other locations for City -related business ou hourly rates (e.g., travel to the Kent Regional Friday motion calendar). We appreciate your expression assure you that we will do our be questions or concerns d or our Managing Me the provisions of thi indicated below and re Very truly yours, ompensation and Method of inistrative and judicial appeals, n and drafting of development a - '11 be $385 per hour, and the `Spe ervices" that are eligible well as elecommunications work ed at $405 per hour for Members and to and from Tukwila City Hall. Travel ce hours will be billed at applicable r the King County Courthouse for the n Murphy Wallace, P.L.L.C. and would like to with high quality legal services. If you have any our relationship, we encourage you to raise them with me , or our Chair, Geoffrey J. Bridgman. If you agree with er and the attached Terms and Conditions, please sign where look forward to working with you. OGDEN MURPHY WALLACE, P.L.L.C. 11-&---ee______ Kari L. Sand KLS/ljv Enclosure — OMW Standard Terms of Engagement cc: Aaron BeMiller, Finance Director 32 Ogden Murphy Wallace City Attorney Services 2025-2026 Mayor Thomas McLeod October 8, 2024 Page 3 I HEREBY ACCEPT AND AGREE TO the foregoing letter and the attached Standard Terms of Engagement this day of October, 2024. By: Print Name: Thomas McLeod Its: Mayor (</S <2- e Ogden Murphy Wallace City Attorney Services 2025-2026 33 Mayor Thomas McLeod October 8, 2024 Page 4 OGDEN MURPHY WALLACE, P.L.L.C. STANDARD TERMS OF ENGAGEMENT General Rates The usual basis for determining our fees is the time expended by attorneys, paralegals, and legal assistants of the firm. The rates for our services presently range from $175 to $635 per hour and are subject to change from time to time. Our current rate schedule is always available upon request. Whenever it is appropriate, we will use associate attorneys, law clerks or legal assistants in our office. Other Factors in Rates Although time expended and costs incurred are usually t - Vle b or determining our fees, by mutual agreement billings to you for legal services m in some i ces, be based on a more comprehensive evaluation of the reasonable value o fi ' services. he firm is committed to charging reasonable fees for its services. In certai s, factors other than the amount of time required will have a significant bearing on the r- able value of the services performed. Such factors include: the novelty and comp • f the • tions involved; the skill required to provide proper legal representation; famili e • ecific areas of law involved; the preclusion of other engagements cau - • by y • rk; e magnitude of the matter; the results achieved; customary fees for si •' . al s- ces; time limitations imposed by you or by circumstances; and the extent t ich o , ce fo and procedures have produced a high quality product efficiently. There ma some ac ivi i hat we can do on a contingent or other basis; however, we will handle -rs . contingency or other basis only when and to the extent specifically agreed in g , va of the work. In circumstances whe charges and costs, we wi that we may charge you has be based on or include factors other than our normal hourly u promptly and prior to proceeding. Any basic document fee and will be set in light of these various factors. Billing Fees and Costs We will bill you on a regular basis, normally each month, for all the time spent on your project and for other costs incurred relating to our work or on your behalf. The activities for which our time will be billed will conference time, whether in person or on the telephone; document preparation and revision; negotiations; correspondence; staff or attorney supervision; factual and legal research and analysis; travel on your behalf; and other matters directly pertinent to and related to your business and/or litigation matters handled by our firm. Typical of the costs for which you will be billed include filing fees; delivery fees; computer assisted legal research; copying; imaging; telephone conference charges; charges of outside experts and consultants; and travel. 34 Ogden Murphy Wallace City Attorney Services 2025-2026 Mayor Thomas McLeod October 8, 2024 Page 5 Payment; Interest You agree to make payment within thirty (30) days of receipt of our invoices. Outstanding balances that are not paid within thirty (30) days of receipt will accrue interest at the rate of one percent monthly from the date of invoice until paid. We impose a surcharge on credit cards only. The surcharge is not greater than our costs of acceptance. We impose an effective rate charge of 3% (three percent) on the transaction amounts on Visa, MC, Discover, and AMEX payments. We do not surcharge Gift Cards, Pre -Paid cards, or Visa, MC, Discover, and AMEX debit cards. Termination You may terminate our representation at any time, with such action, all fees and expenses incurred before t termination occurs, your original papers will be re for outstanding fees and costs. If you wish to have conclusion of our representation, we will prode it to in effect. You may, from time to time, part. We are hesitant to give require it, and if we do p judgment, but always We cannot guarante of factors outside the c E es ithou se, by notifying us. Upon rmination a ue to the firm. If such to promptl upon receipt of payment or electronic copy of your file at the at the current copy rate per page then f our fees and expenses either in whole or in of their potential inaccuracy. However, if you such estimates, they will be based upon our professional anding that it is not a maximum or fixed fee quotation. fees and expenses will be at or below the estimates because rm. Con tiality and Electronic Communications Ogden Murphy Wallace is committed to maintaining the security of our system and the communications with our clients. Unless you otherwise instruct us in writing, we intend to use various communications devices in the normal course (which may include wired or wireless devices, e-mail, cellular telephones, voice over Internet, texting, and electronic data/document web sites) to communicate with and send or make available documents to you and others. Though encryption is a security tool that we utilize, not all communications are encrypted. By signing this letter, you consent to the usage of a variety of communication methods even if such methods are not encrypted. It is important for us to maintain open communication with each other throughout the engagement. We will regularly keep you informed of the status of the matter and will promptly notify you of any major case developments. We will consult with you whenever appropriate. Ogden Murphy Wallace City Attorney Services 2025-2026 35 Mayor Thomas McLeod October 8, 2024 Page 6 You agree to communicate with and provide us with complete and accurate information as needed to further the case. Further, you will timely notify us of any changes in the structure of your organization, changes to the personal information or residence of any individuals related to this matter, or any extended periods of time when you will be unavailable. Dispute Resolution If you disagree with the amount of our fee, please take up the question with your principal attorney contact or with the firm's managing member. Typically, such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. ny disputes relating to these Terms of Engagement or the accompanying engagement lette s llectively this "agreement") or the amount of legal fees related thereto, will be submitte •tration through the American Arbitration Association (the "AAA") in Seattle, Washin, acco : to its then -effective rules, and to Ogden Murphy Wallace, P.L.L.C. and you -e to be bo. • by the results of such arbitration. Please be aware that by agreeing to ar ' . tion, u are wai ing the right to a trial by jury and your right to appeal. Although the arbitrato authorized to award any damages or relief that a court of law having jurisdiction •ver the . to could award, the arbitrator will be bound by the AAA rules and not by state o co - s, and discovery will be limited to what is allowed under the AAA rules. The g nds - •e.1 of an arbitration award are limited as compared to a court judgment o verrbitration fees and expenses shall be borne equally by the parties. In the eve - • n, -pay t such that we must pursue collection of your account, you agree to pay the - s of ► ctin: e debt, including court costs and fees, and a reasonable attorney's fee. The law of the state of it .ly to any such dispute. Withdrawal We reserve the right to withfrom representing you if, for any reason, our fees are not timely paid in accordance with this agreement, or for any other appropriate reason, as determined by the firm in accordance with applicable law and the Rules of Professional Conduct. Client Documents During the engagement, we will maintain certain documents relevant to this representation. At the conclusion of this engagement, we will retain your original documents for a period of ten years unless you request that they be returned to you. If you have not requested possession of the file or any of its contents at the end of ten years, the file may be destroyed in accordance with our record retention program. We may store some or all of your electronic files on a variety of platforms, including third -party cloud -based servers. You specifically consent to the use of these services for document storage 36 Ogden Murphy Wallace City Attorney Services 2025-2026 Mayor Thomas McLeod October 8, 2024 Page 7 and management, and to the conversion of all paper documents in your file to electronic form. You recognize that technology is ever evolving and that electronic communications cannot be fully protected from unauthorized interception. You acknowledge that our email system may be unencrypted, and you covenant and agree to proactively notify us in writing if you require that any of your deliverables or emails be sent to you with encryption. We caution you not to send or access any email or other electronic message to or from us, respectively, via any public or semi-public network, or network or devices owned or controlled by any third party. Nonetheless, for efficiency purposes, you authorize us to transmit information, including information of a confidential nature, to you (or your designated representative) by email to any address which you may provide to us for such purposes, including responding to the sending address of any such message that we may receive from you. In addition, you authorize our use of thi • arty cloud, back-up, client management, timekeeping, and file -sharing services, includ. ., but not limited to, ShareFile, Dropbox, DocuSign, Carpe Diem, Mimecast, and SurePoi - course of our representation. You acknowledge that we may be bound by certain third to d conditions related to the use of such services and that our use of such services i t without ri and you agree to assume such risks). Please note that if we represent you in a matt in litigai you have an obligation to preserve all documents that may be relevant to this matt You acknowledge that we hav of your legal or business matter opinions as lawyers base on your behalf will c objection from you regarding the disposition, outcome, or results ons we have made relevant thereto are only our ormation available to us at the time. Our beginning work tance of this agreement unless we receive a written ys • f the date of the accompanying engagement letter. Independent Advice Since the Engagement Agreement is legally binding and affects your legal rights, you may wish to seek the advice of independent counsel prior to executing it. Conclusion Thank you for retaining our firm. We look forward to working with you. Ogden Murphy Wallace City Attorney Services 2025-2026 37 Mayor Thomas McLeod October 8, 2024 Page 8 EXHIBIT A -SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house city attorney working approximately 28 hours per week. Kari L. Sand is the designated member of Ogden Murphy Wallace that will serve as the lead City Attorney. Any changes in this position must be approved in advance by the City. 1. Flat Rate Fee for City Attorney General Services Contractor agrees to provide general city attorney serv' ' ., for a flat fee, including but not limited to: A. Attending regular meetings of the City ncil an . - cutive sessions scheduled for regular meetings of the City C s it and, upon uest, attending special meetings of the City Council, me. :s o e Committee of the Whole, other Committee meetings, and meetings o .: oards and Commissions. B. Preparation and/or legal revie e acts, -rlocal agreements, resolutions and ordinances and other city docu , - ials as requested. C. Practice "preventa ' - la in th orm of regular consultation with Mayor, City Councilmember ity 'stra , and staff. D. Except as litigati ection 2, defend and manage (for WCIA-related matters) e City. E. Providi , egal ad e relating to the Public Records Act and public records requests, i di -view and redaction of records and preparation and review of exemption lo requested. F. As requested, providing special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, the PRA, OPMA, ethics, conflicts of interest, and the appearance of fairness doctrine. G. Such other general city attorney matters as are assigned. H. Work up to approximately 28 hours per week on average. I. Maintain comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall. J. It is incumbent upon the City, in partnership with the City Attorney, to manage the general services within the estimated 28-hour work week staffing model. 38 Ogden Murphy Wallace City Attorney Services 2025-2026 Mayor Thomas McLeod October 8, 2024 Page 9 2. Separate Matter Services Contractor agrees to provide City Attorney Separate Matter Services for litigation and contested administrative proceedings, which include but are not limited to: A. Each individual civil action filed by or against the City, except matters for which WCIA has assigned primary, lead defense counsel, which the City Attorney shall manage as part of general city attorney services, and except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter; B. All Code Enforcement matters conducted before t not including general code enforcement se Contractor's flat monthly fee; aring Examiner or in Court, but ich shall be included in C. All drug or other forfeiture matters collby or against the City; and D. All negotiations, drafting, and - etings development agreements; provided, however, that each development - u t sh first be authorized by the City for handling as a separate matter. For each such Separate Matte ont ors be paid hourly rates for 2025-2026 as set forth in Exhibit B, Section 2. 3. Special Services Contractor a limited to: Attorney Special Services, which include but are not Other specia municipal law services, including but not limited to franchise negotiations antelecommunications work (e.g., small cell ROW agreements, pole leases, etc.); provided, however, that any such Special Services shall first be authorized by the City. For such Special Services, Contractor shall be paid hourly rates for 2025-2026 as set forth in Exhibit B, Section 3. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this Agreement. Ogden Murphy Wallace City Attorney Services 2025-2026 39 Mayor Thomas McLeod October 8, 2024 Page 10 EXHIBIT B-COMPENSATION AND METHOD OF PAYMENT 1. City Attorney General Services For 2025, all city attorney general services set forth in Section 1 of Exhibit A, Contractor shall be paid a flat monthly fee of $36,400, plus extraordinary expenses. For 2026, all city attorney general services set forth in Section 1 of Exhibit A, Contractor shall be paid a flat monthly fee of $38,220, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, depo ion and other discovery costs, parking, mileage costs other than to and from City Hall • ther locations within the City, and other similar expenses advanced by Contrac City's behalf. Extraordinary expenses shall not include routine photocopying, f� , or 1 • distance telephone charges. 2. City -Attorney Separate Matter Services All litigation and administrative proceedin i et forth in Section 2 of Exhibit A shall be considered Separate Matter Servic ontractor shall maintain its current practice of providing individual mo .iling ents for each Separate Matter. 2025 Hourly Rates for Sepa Member $385/hour Associates $285/hour 2026 Member Associates Hourly R $ e Services 3. City -Attorney cial Se ces Special Services s . ir• , e authorized by the City. Contractor shall be paid hourly rates for 2025-2026 as set below for authorized Special Services. 2025 Hourly Rates for Special Services Member $405/hour Associates $300/hour 2026 Hourly Rates for Special Services Member $425/hour Associates $315/hour Paralegal services for all matters will be billed at $155/hour. Summer clerk services for all matters will be billed at $200/hour. 40 Ogden Murphy Wallace City Attorney Services 2025-2026 Tukwila Police Department Community Services and Safety Committee Quarterly Information Brief Third Quarter, 2024 Tu wi a Nei: •or oo.s An. Communities Fee Protecte• An. Res•ecte• In T eir Times 0 Nee. N THIRD QUARTER HIGHLIGHTS li Staffing ➢ New entry level officers ➢ Skye Yaranon ➢ Jose Chavez ➢ LayMarra Barker ➢ Marissa Elkinson ➢ Ongoing Recruitment Efforts, Oral Boards and Interviews Conducted LJ Recognition ➢ Employees Of The Quarter (2nd quarter) ➢ Stephanee Myers ➢ Josh Vivet ➢ Distinguished Service Medal ➢ Josh Vivet ➢ Life Saving Medals ➢ Elias Hiatt ➢ Dustin Johnson Tu wi a Nei: .or oo•s An• Communities Fee Protecte• An• Res.ecte• In T eirTimes 0 Nee. THIRD QUARTER HIGHLIGHTS ❑Community Engagement ➢ Homeless Camps Response ➢ Continued Outreach ➢ Community Engagement ➢ Meetings: ➢ Riverton Park Church ➢ COPCAB ➢ TIBAC ➢ Theft 3 Juvenile Diversion And Mall Safety ➢ Tukwila School District ➢ Vibrant Communities Initiative ➢ Peaks Condominiums HOA Board ➢ Target Management ➢ King County Library System ➢ Community Events ➢ Touch A Truck ➢ Night Out Against Crime ➢ Back -To -School Shopping Event ➢ Copcorn Friday Tu wi a Nei: .or oo•s An• Communities Fee Protecte• An• Res.ecte• In T eirTimes 0 Nee. THIRD QUARTER HIGHLIGHTS iSignificant Operations & Events ➢ Regional Partnership ➢ Valley Chiefs Valley Chiefs' executive meetings (VNET, SWAT, VIIT, SCORE) ➢ King County Police Chiefs and Sheriff Assoc. ➢ Statewide VIIT ➢ Officer -Involved Shooting Training For SCORE ➢ Regional Organized Retail Theft ➢ Valley Communication ➢ Kent PD Officer -Involved Shooting ➢ Evidence Training and Tour ➢ Department Meetings/Events ➢ PD Town Hall ➢ PD Leadership Meeting ➢ Flock Automated License Plate Reader Cameras ➢ Public Disclosure Requests Tu wi a Nei: .or oo•s An• Communities Fee Protecte• An• Res.ecte• In T eirTimes 0 Nee. THIRD QUARTER CRIME STATISTICS 3500 3000 2500 2000 1500 1000 500 0 900 800 700 600 500 400 300 200 100 01 Calls for Service by Month Comparison of 2024 to 2000-2023 • 1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Case Reports by Month Comparison of 2024 to 2000-2023 1\014,VLL! Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2000-2023 Range t 2024 2000-2023 range 2024 Calls for service in the second quarter were within range. Case reports (online and officer -created) in the third quarter are still lower than expected, primarily due to decreases in theft from vehicle, auto theft, and commercial burglary cases. [These charts show the current year (line) as compared to previous years (rectangles). This gives perspective as to a normal range as calculated over the past years.] Tu wi a Nei: .or oo•s An• Communities Fee Protecte• An• Res.ecte• In T eirTimes 0 Nee. Questions? Tu wi a Neig .or oo.s An. Communities Fee Protecte• An• Res•ecte• In T eir Times O Nee•