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HomeMy WebLinkAboutFS 2010-12-07 Item 2B - Agreement - 2011-2012 Video Public Defender Services with Kirshenbaum and Goss ‘1 0411=A k s City of Tukwila o Jim Haggerton, Mayor 1_ 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 7 8 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 9 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. 10 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. Aoolicable 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. 1. Severability. 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. 2. Notices. Notices to the City shall be made to the following address: City of Tukwila 6300 Southcenter Parkway Tukwila, WA 98188 Notices to the Firm shall be sent to the address provided by the Firm upon the signature line below. 3. 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: B Jim Haggerton, Mayor Title: ATTEST /AUTHENTICATED: Printed Name: Christy O'Flaherty, City Clerk Address• APPROVED AS TO FORM: City Attorney 11