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Home My WebLink About10-127 - Kirshenbaum & Goss - 2011-2012 Public Defense (Municipal Court) 10-127 Council Approval 12/13/10 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.S., 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 `�LUta�1Ct�� 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. 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 Tess 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 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 4) 571- day of CITY OF KWILA ATTORNEY: Y Y B M i `I B 1) l/I� I m H g rton, Ma y Pith G Title: A E /AUTHEN ICATED: S Printed Name: rs N. r beta 160 cs (14AL i Christy O'Flaherty, City Clerk Address:_ 't (9<ct-..( j V 1 APP O FORM: K (A) 4 r D- i r City Atto