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HomeMy WebLinkAboutReg 2007-11-19 Item 7E - Agreement - 2008-2010 Public Defender Services with Kirshenbaum & Goss CAS NUMBER. 07-137 11/19/07 Meeting Date 11/19/07 COUNCIL AGENDA SYNOPSIS lltg Date 11/19/07 Mtg Date 11/19/07 Mtg Date Initrals Prepared by 1 iVIa;or'i review RB Conned d revienw ITEM INFORMATION J ORIGINAL AGENDA DATE: 11/19/07 RECORD OF COUNCIL ACTION Altg Date ATTACHMENTS Informational Memorandum dated 11/1/07 Proposed contract with strikethrough changes Minutes from the Finance and Safety Committee meeting of 11/5/07 ITEM NO. 7.E. AG END ITEM TITLE 2008 -2010 contract with Kirshenbaum and Goss, Inc. P.S. for public defender services C. \TEGORY Discussion Motion n Resolution Ordinance Bic1Award 1 1 Public Hearing 1 1 Other Mtg Date Mtg Date lltg Date Council [X] Mayor n Adm Svcs n DCD I 1 Finance U Fire n Legal n P&R U Police 1 1 PTV Authorize the Mayor to sign a contract with Kirshenbaum Goss for 2008 -2010 public defender services in the amount of $9,900.00 per month. The proposed contract reflects a 10% increase in the monthly rate, which has been in effect for 3 years. It also incorporates an annual inflator to avoid such large increases in the future. 111 :VIEWED BY COW Mtg. CA &P Cmte F &S Cmte E Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. U Planning Comm. DAI'E: 11/5/07 RECOMMENDATIONS: SPONSOR /ADMIN Approval of Contract COMMrrrLE Unanimous approval; Forward to Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $9,900 /month $118,800 Fund Source GENERAL FUND Comments. TO: FROM: SUBJECT: DATE: City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Mayor's Of November 1, 2007 MEMORANDUM Finance and Safety Committee Public Iefender Services Contract 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 rate, 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.ci.tukwila.wa.us Steven M Mullet, Mayor CONTRACT FOR PUBLIC DEFENSE SERVICES Kirshenbaum and Goss. Inc., P.S. 2008 THIS 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, 449-92008, 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 teiin 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, 20082005 December 31, 20072008. This flat rate shall pertain to a caseload of 120440 per month. In those months where the caseload exceeds 1204-5-0, the Attorney shall be compensated at a rate of $85.0075.00 per case. These provisions shall be reviewed annually WA1viayor'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 20082005 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, 20082005, and by the 20th day of each and every month thereafter Annual CPI adjustment 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 Assienments or Subcontracts. No assignment or transfer of this Agreement, nor of any interest in this Agreement, shall be made by either of the parties without prior written consent. 11. Attorney 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 Agreement. Provisions of services pursuant to this Agreement shall commence on January 1, 20082005. This Agreement shall remain in full force and effect through December 31, 20102007, 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 teiminate this Agreement without recourse by the other where perfounance 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 11/1!2007 Page 2 of 2 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 Agreement. 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. CITY OF TUKWILA: DAVID R. KIRSHENBAUM: By: By: Steven M. Mullet, Mayor ATTEST: By: Dated this Jane E. Cantu, CMC, City Clerk W:\Mayor's Office Contracts\Kirshenbaum Contract 2007arnend track changes.doc SO:ksn 11/1/2007 day of 20072004. 1 Page 3 of 3 Finance Safety Committee Minutes November 5. 2007 Paae 3 Joan expressed her desire for the attendance of the City Attorney at COW meetings in addition to regular Council meetings. However, she does realize the additional costs associated with this request. Rhonda commented that a City Attorney can be available for COW's with ample notification. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. F. Contract Renewal for 2008 Kirshenbaum Goss for Public Defender Services This is a renewal contract for public defender services. The contract will be for a three year period commencing on January 1, 2007, and remaining in effect through December 31, 2010. The compensation for the contract will be renewed annually with the appropriate Consumer Price Index adjustments taken into consideration. Staff commented that the City has not exceeded the monthly flat rate compensation for public defender services.. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. G. Contract Renewal for 2008 M. J. Durkan for Lobbying Services Item moved to November 19 Finance and Safety Committee meeting due to time constraints at current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE. H. Contract Renewal for 2008 Ball Janik for Lobbying Services Item moved to November 19 Finance and Safety Committee meeting due to time constraints at current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:48 p.m. Next meeting: Monday, November 19, 2007 5:00 p.m. Conference Room 3. Committee Chair Approval Minutes by KAM