HomeMy WebLinkAboutCOW 2010-12-13 Item 3D - Agreement - 2011-2012 Public Defender Services with Kirshenbaum and Goss for $10,315.80 Per Month Plus Per Rate Cases COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER. 10-146 I ORIGINAL AGENDA DATE. DECEMBER 13, 2010
AGENDA ITEM TITLE Agreement with Kirshenbaum Goss, Inc., PS for Public Defender services
C.\'1'I,G DzscuJ'stwn Motion Resolution Ordinance I I Bu1Award I PublicHearzng E Other
Mtg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Counczl Mayor IT n DCD Finance Fire 1 1 Legal P&R n Police PW
SPONSOR'S This Agreement covers public defender services for indigent criminal defendants who
SUMMARY qualify for appointment counsel. The existing Agreement expires December 31, 2010. The
new Agreement is effective January 1, 2011 thru December 31, 2012. The costs will be at
the 2010 rates. (no increase). The Agreement requires Council approval prior to the
Mayor's signature.
RI.\'II..WI?D BY COW Mtg. CA &P Cmte N F &S Cmte Transportation Cmte
Utihties Cmte 111 Arts Comm. 1 I Parks Comm. 1 Planning Comm.
DATE. 12/07/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's office
CoMMITTE'E Unanimous Approval; Forward to Committee of the :"!hole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$247,580/2 Years $281,000 2 yrs $0
Fund Source:
Con2ln en is
MTG. DATE RECORD OF COUNCIL ACTION
12/13/10
MTG. DATE ATTACHMENTS
12/13/10 Information Memo dated November 30, 2010
Contract for Services
Minutes from the Finance and Safety Committee meeting of 12/07/10
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z City of Tukwila
IDA �d;: o J im Haggerton, Mayor
1908 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM. Steve Lancaster
DATE: November 30, 2010
SUBJECT Contract for Public Defender Services
ISSUE
The current contract for public defender services provided by Kirshenbaum Goss expires
December 31, 2010. Attached is a proposed contract for 2011 -2012
BACKGROUND
The City of Tukwila contracts for public defender services including'
Representation for indigent criminal defendants who qualify for appointment counsel
These services include: screening, 24 -hour telephone access, and associated counsel
when appropriate.
DISCUSSION
Under the current and proposed contracts, public defender services are provided at a flat
monthly rate. This rate pertains to a caseload of 120 cases per month. When the caseload
exceeds 120, a per -case rate is applied.
The 2010 flat rate for public defender services is $10,315.80 per month, and the per -case rate
for cases over 120 is $85.00 per case. The 2011 -2012 contract rates will be the same.
RECOMMENDATION
It is recommended that this contract be forwarded to the December 13, 2010 Committee of the
Whole /Special Meeting for approval.
ATTACHMENTS
Draft Contract for Public Defender Services, 2011 -2012
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AGREEMENT FOR
PUBLIC DEFENDER SERVICES
THIS AGREEMENT, entered into by and between the CITY OF TUKWILA, a non charter optional municipal
code city (the "City and Kirshenbaum Goss, Inc., P.5., a Washington corporation (the "Attorney
for the purpose of providing public defense services for the Tukwila Municipal Court:
IN CONSIDERATION of the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
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, 2011, shall be
referred to the Attorney. The Attorney 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. 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 the Attorney may employ associate
counsel to assist him /her at the 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. Independent Contractor. The Attorney and City agree that the Attorney 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 the Attorney nor any employee of the Attorney shall be entitled to
any benefits accorded to 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
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otherwise assuming the duties of an employer with respect to the Attorney or any employee of
the Attorney.
6. 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.
7. 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.
8. Compensation. The city shall pay to the Attorney for services rendered under this Agreement
the flat rate of $10,315.80 per month during the period of January 1, 2011 December 31,
2012. This flat rate shall pertain to a caseload of 120 per month. In those months where the
caseload exceeds 120, the Attorney shall be compensated at a rate of $85.00 per case. These
provisions shall be reviewed annually not later than October of each year beginning in 2011 to
determine their appropriateness. Adjustments in the rate for the following year shall be made
upon mutual written agreement by both 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, 2011 and by the 20 day of
each and every month thereafter.
9. Discovery Provided. The City shall provide to the Attorney, at no cost to the Attorney or
defendant, one copy of all discovery material concerning each assigned case. Such material
shall include, where relevant, a copy of the abstract of the defendant's driving record.
10. 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.
11. No Assignments 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.
12. Attorney Conflict. In 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.
13. Term of this Agreement. Provisions of services pursuant to this Agreement shall commence on
January 1, 2011, and shall remain in full force and effect through December 31, 2012, unless
terminated earlier pursuant to the provisions hereof.
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14. 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 sixty (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 impractical for reasons
beyond such party's reasonable control, such as, but not limited to, acts of nature, war or
war -like 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.a above, shall be given by the party
terminating this Agreement to the other not less than thirty (30) days prior to the effective
date of termination.
15. Amendments. No modification or amendment of the provision of this Agreement shall be
effective unless in writing and signed by authorized representatives of the parties hereto.
16. Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter of this Agreement. There are no promises, terms, conditions or
obligations other than those contained herein, and this Agreement shall supersede all previous
communications, negotiations, representations or agreements, either verbal or written,
between the parties hereto concerning the subject matter of this Agreement.
17. 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.
18. Severabilitv. Each and every provision of this Agreement shall be deemed to be severable. The
invalidity or unenforceability of any particular provision of this Agreement shall not affect the
other provisions hereof, and the Agreement shall be construed in all respects as if such invalid
or unenforceable provision were not a part of this Agreement.
19. Notices. Notices to the City shall be made to the following address:
City of Tukwila
6300 Southcenter Parkway
Tukwila, WA 98188
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Notices to the Attorney shall be sent to the address provided by the Attorney upon the
signature line below.
20. Authority. Each individual executing this Agreement on behalf of the City and the Attorney
represents and warrants that such individuals are duly authorized to execute and deliver this
Agreement on behalf of the Attorney or the City.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of
CITY OF TUKWILA ATTORNEY:
By: By:
Jim Haggerton, Mayor
Title:
ATTEST /AUTHENTICATED:
Printed Name:
Christy O'Flaherty, City Clerk Address:
APPROVED AS TO FORM:
City Attorney
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a Finance and Safety Committee
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FINANCE AND SAFETY COMMITTEE
Meeting Minutes
December 7, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff: Shawn Hunstock, Frank Iriarte, Marty Grisham, Eric Dreyer, Mary Miotke, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Public Defense Contract with Kirshenbaum and Goss,
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender
services to be provided during the 2011 -12 biennium.
i'\ The monthl y contract rate for the biennium will be $10,315.80 for up to 120 cases per month. Case loads
in excess of 120 will be charged at $85.00 per case. The contract amount remains that same as the 2010
base rate. CPI escalators are not built into this two -year contract; however, staff recognizes that a federal
mandate for public defenders may affect contract cost which will be addressed when appropriate.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Video Public Defense Contract with Kirschenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public
defense services to be provided during the 2011 -12 biennium in the amount of $43,200.
The monthly contract flat rate for the biennium will be $1,800 per month. This contract is coming forward
for Council approval since the biennium contract rate will exceed $40,000. Future video arrangements
with the Regional Justice Center and SCORE Jail may affect the need to renegotiate future contract costs.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
C. 2011 Contract Renewal with Ball Janik. LLP for Lobbying Services
This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City
of Tukwila in Washington, D.C. and on federal issues.
The most significant change to the contract is a reduction of the Scope of Work and Specific Services.
This reduction results in a $50,000 annual savings in comparison to past years and was reduced as part of
City -wide budget cuts. The Scope of Services is much more detailed and focused than past contracts.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
D. Phone Services Agreement with Integra Telecom
Staff is seeking Council approval to enter into a two -year agreement with Integra Telecom for phone
services in an amount not to exceed $125,000.
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