HomeMy WebLinkAboutCOW 2010-12-13 Item 3E - Agreement - 2011-2012 Video Defense Services with Kirshenbaum and Goss for $1,800 Per Month COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 10-147 I ORIGINAL AGENDA DATE. DECEMBER 13, 2010
AG kND I 1'1?M TITLE Agreement with Kirshenbaum Goss, Inc. PS for Video Public Defender services
CAT' i GORY Discussion Motion n Resolution n Ordinance I 'Bid Award I 1 Public Hearing n Other
Mtg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
ISN )NSOR 1 Council Mayor 1 IT n DCD LI Finance Fire Legal n P&R Police 1 PW
SPONSOR'S This Agreement covers video 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). This Agreement requires Council approval prior to the
Mayor's signature.
RI, \'I1?WI,D BY COW Mtg CA &P Cmte F &S Cmte L Transportation Cmte
I 1 Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/07/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$43,200 2 yr term $45,000 2 yrs $0
Fund Source:
Conznzezzts
MTG. DATE RECORD OF COUNCIL ACTION
12/13/10
MTG. DATE ATTACHMENTS
12/13/10 Informational Memo dated November 30, 2010
Contract for Services
Minutes from the Finance and Safety Committee meeting of 12/07/10
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4 ss City of Tukwila
1 Jim Haggerton, Mayor
`90a INFORMATIONAL MEMORANDUM
TO. Mayor Haggerton
Finance and Safety Committee
FROM: Steve Lancaster
DATE: November 30, 2010
SUBJECT: Contract for Video Public Defense Services
ISSUE
The current contract for video 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 video public defender services including:
Daily video court public defense services to defendants who are detained at the Regional
Justice Center or King County Jail and qualify for public defense services.
DISCUSSION
Under the current and proposed contracts, public defender services are provided at a flat
monthly rate. The 2010 flat rate for public defender services is $1,800 per month. The 2011-
2012 contract rate 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 Video Public Defender Services, 2011 -2012
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AGREEMENT FOR VIDEO
PUBLIC DEFENSE SERVICES
THIS AGREEMENT, entered into by and between the City of Tukwila, Washington, a non charter optional
municipal code city (the "City and Kirshenbaum Goss, Inc., P.S., a Washington corporation (the
"Firm for the purpose of providing video court 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. The Firm shall provide daily video court public defense services to
defendants charged under ordinances of the City who are detained at the Regional Justice
Center (RJC) or King County Jail (KCJ) and qualify for public defense services (Services) in a
manner consistent with the accepted practices for similar services, performed to the City's
satisfaction. In performing the Services, the Firm shall comply with the terms of the RJC Video
Court Agreement, as now existing or hereafter adopted or amended.
2. Term of this Contract. 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 of this Agreement.
3. Compensation.
a) Monthly Rate. In consideration of the Firm performing the services as outlined in this
Agreement, the City agrees to pay the Firm an amount not to exceed $21,600.00, or
$1,800.00 per month.
b) Billing. The Firm shall bill the City monthly. Payment by the City for will only be made after
the services have been performed and an invoice is submitted in a form acceptable to the
City. The City agrees to seek approval for payment as soon as possible after receipt of the
invoice.
4. Associated Counsel. Any counsel associated with or employed by the Firm shall have the
authority to perform the services called for herein, and the Firm may employ associated counsel
to assist him or her at the Firm's expense. The Firm 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.
5. Independent Contractor. The Firm and City agree that the Firm 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
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hereto. Neither the Firm nor any employee of the Firm 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 otherwise assuming
the duties of an employer with respect to the Firm, or any employee of the Firm.
6. Indemnification. The Firm shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the acts, errors or omissions of the Firm
in the performance of this contract, except for injuries and damages caused by the sole
negligence of the City.
7. Proof of Professional Liability Insurance. During the term of this Agreement and any extensions
thereof, the Firm shall secure and maintain a policy of comprehensive liability insurance
provided by 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 and shall name the City of Tukwila as an
additional named insured. Said insurance policy shall include a provision prohibiting
cancellation or reduction in the amount of said policy except upon thirty (30) days prior written
notice to the City. Cancellation of the required insurance shall automatically result in
termination of this Agreement without notice.
8. Assignment and Subcontract. The Firm shall not assign or subcontract any portion of the
services contemplated by this Agreement.
9. Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of
interest such that the Firm cannot ethically represent the defendant, said defendant shall be
referred back to the City for further assignment, without cost to the Firm.
10. Termination. This Agreement may at any time be terminated by the City upon providing the
Firm thirty (30) days written notice of the City's intention to terminate the same.
11. Discrimination Prohibited. In providing the services under this Agreement, the Firm shall not
discriminate against any person on the basis of race, color, religion, creed, sex, age, national
origin, marital status or presence of any sensory, mental or physical handicap.
12. 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.
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13. 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.
14. 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.
15. 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.
16. Notices. Notices to the City shall be made to the following address:
City of Tukwila
6200 Southcenter Parkway
Tukwila, WA 98188
Notices to the Firm shall be sent to the address provided by the Firm upon the signature line
below.
17. Authority. Each individual executing this Agreement on behalf of the City and the Firm
represents and warrants that such individuals are duly authorized to execute and deliver this
Agreement on behalf of the Attorney or the Firm.
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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<47 City of Tukwila
a1
�2 Finance and Safety Committee
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.
L 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.
The monthly 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 Lobbvine 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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