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HomeMy WebLinkAboutCOW 2014-10-13 Item 4A - Agreement - 2015-2016 Public Defender Services with Kirshenbaum and GossCOUNCIL AGENDA SYNOPSIS ------------ -------- ------- Imliaie Meeting Dale Prepared by Mayorf reyiew 10/20/14 CT Council reyiew ITEM INFORMATION ITEM No. 4.A. 3 STAFF SP( >NSUR: DAVID CLINE ORIGINAL AGF,NDA DATE: 10/20/14 AcikNDA ITIN TITI,F; Kirshenbaum & Goss, Inc. P.S. Contract for Public Defense Services CxrkGoRy I I Diccussion AN Date Motion Dale 10/20/ 4 E Resolution Altg D ale _ Ordinance A kg Dale Bid /fivard Ali Date Public Heariug Altg Dale • Other Aug Date ' Allg SPONSOR — Council HR DCD j I 'inance Fire IT P&R Police Mayor SPONSOR'S This agreement covers public defender services for indigent criminal defendants who SummARy qualify for appointment of counsel. The existing agreement expires December 31, 2014. The new agreement is effective January 1, 2015 through December 31, 2016. In order to comply with State mandated public defense standards that are effective January 1, 2015 costs have increased significantly. This agreement requires Council approval prior to the Mayor's signature. RIw11,:\VED HY [_ COW Mtg. _ CA&P Cmte [1] Utilities Cmte _ Arts Comm. DATE: 10/07/ 2014 K. '' : Cmtc Comm. CHAIR: SEAL Transportation Crnte L Parks COMMITTEE • Planning Comm. RECOMMENDATIONS: SPoNsoR/ADmiN. COMMVITM Mayor's Office Unanimous Approval; Forward to Consent Agenda on 10/20/2014 COST IMPACT / FUND SOURCE ExPiAmitith; RH(.2tiliW1) AMOUNT BUDGETED APPROPRIATION REQUIRED $405,000 per year $405,000 per year Fund Source: 000.03.512.500.4 .00 C'omments: MTG. DATE RECORD OF COUNCIL ACTION 10/20/14 MTG. DATE ATTACHMENTS 10/20/14 Informational Memorandum from David Cline dated 09/24/ 14 Draft Agreement for 2015-2016 Minutes from the Finance and Safety Committee Meeting of 0/07/14 3 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U����������U� un�n-w�`��wmxm��m u��u�w~��� u�u��umu*�'no��n�����o�u Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator DATE: September 24, 2014 SUBJECT: Kirshenbaum & Goss, Inc. RS. Agreement ISSUE The current contract for public defender services provided by Kirshenbaum & Goss expires December 31, 2014. Attached is a proposed contract for 2015-2016. BACKGROUND The City of Tukwila contracts for public defense services providing legal representation for indigent criminal defendants who qualify for appointment of counsel from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. DISCUSSION Public Defense Standards were adopted by the Washington State Supreme Court in 2012 and are effective January 1, 2015. These standards delineate the number of cases each attorney can handle per year (including reduction of cases allowed based on the amount of time devoted to private practice) and mandates that compensation include administrative and training costs. In addition to the new Public Defense Standards the federal court decision, Wilbur v. Mt. Vernon also mandates significant changes to public defense programs. Some of the requirements include: � Timely and meaningful communication: Attorneys must attempt to meet with their clients within 72 hours of being appointed; • Budget Allocations: In addition to the compensation paid for public defense aen/ioes, funds must be specifically allocated for: o Investigative services; o Interpreter services for meetings with clients outside of court; and o Expert witnesses; • Case Management and Tracking: Attorneys must utilize a case management system that includes time and case load tracking abilities • Monitoring and Evaluation: Public defense programs must be monitored and evaluated on a regular basis. City Administration has taken several steps to ensure that our Public Defense Program is in compliance with these requirements. The City website has been updated to include comprehensive information about the Public Defense Program. A monitoring and evaluation policy has been adopted and implemented that requires: • Public Defense attorneys to submit monthly statistics reports; quarterly certification of compliance with the caseload standards; annual reports that include a caseload summary; complete a status survey each year; and provide proof of Continuing Legal Education (CLE) credits obtained for the calendar year; INFORMATIONAL MEMO Page 2 • The City to, on an annual basis, survey program stakeholders for feedback about the public defense program and have an independent attorney evaluate the public defense program on a biennial basis. The 2O13-2O14 flat rate for public defender services was $13.25O per month (including $1.25O grant funds) and $100.00 per case for each case over 120 cases. In order to comply with the new public defense standards and Wilbur v. Mt. Vernon we are recommending increasing the flat rate to $32,600 per month and paying an additional $200 per day for Attorney of the Day services month, which occur no more than 5 days per month. RECOMMENDATION It is recommended that this contract be forwarded to the October 13, 2014 Committee of the Whole and the October 20, 2014 Regular Meeting for approval. ATTACHMENTS Draft Contract for Public Defense Services, 2015-2016 6 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR PUBLIC DEFENSE SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirshenbaum & Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor," WHEREAS, the City has a need to have legal services available for citizens, charged with a crime who are deemed indigent and are entitled to the effective assistance of counsel at the public expense; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith, including the provisions of Washington Supreme Court Order 25700-A-1013 and the public defense standards adopted by the City pursuant to TMC 2.70. Compliance with these standards goes to the essence of this Agreement. The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule of services is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. Compensation is based upon the historical case count for the City of cases per year, averaging 1200 cases per year. In compliance with the public defense standards, the case counts include the Contractor's appearance at 48 arraignment calendars per year. Duration of Agreement. This Agreement shall be in full force and effect •for a period commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 4. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The 7 8 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 Contractor, or any employee of the Contractor. 5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Professional Liability Insurance: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Professional Liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Commercial General Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 2 of 10 with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 4. Workers' Compensation: The Contractor shall procure and maintain Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 3 of 10 9 10 Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement, to the extent permitted by law. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this agreement, shall not discriminate against any employee, applicant for employment, on the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any sensory, mental or physical disability in the selection and retention of employees or procurement of materials or supplies. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 12. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 13. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 4 of 10 Notices to the Contractor shall be sent to the following address: Kirshenbaum & Goss, Inc. P.S. 1314 Central Ave S Ste. 101 Kent, WA 98032 -7430 15. 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. DATED this day of , 2014. CITY OF TUKWILA CONTRACTOR: Mayor Jim Haggerton David Kirshenbaum Attest/Authenticated: Approved as to Form: Christy O'Flaherty, City Clerk Rachel Turpin, City Attorney Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 5 of 10 11 12 EXHIBIT A - SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house public defense office. In particular, Contractor agrees to: A. Provide legal representation services in accordance with the standards adopted by the City in TMC 2.70, the standards set forth by the Washington State Bar Association Standards for Indigent Defense Services, the Rules of Professional Conduct, Wilbur v. Mt. Vernon, other related case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases for all indigent criminal defendants charged with a misdemeanor or gross misdemeanor under ordinances of the City who qualify for appointment of counsel. The Contractor agrees to attempt to contact the client within 72 hours of notification of appointment. The Contractor 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. B. Pursuant to TMC 2.70.50 Standard 8, the Contractor shall maintain a case reporting and case management system that includes number & type of cases, attorney hours and disposition. C. 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 Contractor determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney /client privilege, the Contractor shall so advise the City to reconsider the screening of that particular individual. D. The Contractor 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. E. Any counsel associated with or employed by the Contractor shall have the authority to perform the services called for herein and the Contractor may employ associate counsel to assist him/her at the Contractor's expense. The Contractor 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 and shall have read and be fully familiar with the provisions of the Washington Supreme Court rule and the standards adopted by the City pursuant to TMC 2.70, as well as the Wilbur v. Mt. Vernon decision. F. The City shall provide to the Contractor, at no cost, 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. G. In the event representation of a defendant hereunder raises a conflict of interest such that the Contractor cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Contractor. Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 6 of 10 EXHIBIT A - SCOPE OF SERVICES (CONTINUED) H. Contractor agrees to attend seven (7) hours of criminal defense training each year. The training must be approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements. This requirement also applies to all associate counsel. Each attorney will submit a copy of their Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report. I. Reporting: Contractor agrees to submit the following reports: • Monthly Statistics Reports: This report shall take substantially the same form as that attached hereto as Exhibit C and shall be submitted with the monthly invoice; • Quarterly Certification of Compliance: The Contractor shall certify compliance with the standards required by CrRLJ 3.1. The Certification shall take substantially the same form as that attached hereto as Exhibit D and shall be filed quarterly with the Tukwila Municipal Court on the following dates: January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a weekend or holiday; • An Annual Report detailing the number of other public defense contracts including jurisdiction, the number and type of non - public defense cases handled and the total hours billed for non - public defense cases. J. Video Court Services: Provide daily video court public defense services to defendants charged under ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a manner consistent with the accepted practices for similar services, performed to the City's satisfaction. K. Attorney of the Day Services: Provide an attorney for weekly arraignment calendars, available to all unrepresented defendants for consultation. Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 7 of 10 13 14 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Effective January 1, 2015 for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $32,600 and $200 per day for Attorney of the Day services. 2. Preauthorized Non - Routine Expenses. Non - routine case expenses requested by Attorney and preauthorized by order of the Tukwila Municipal Court. Non - Routine expenses include, but are not limited to: a. Medical and psychiatric evaluations; b. Expert witness fees and expenses; c. Interpreters for languages not commonly spoken in the city or interpreters for services other than attorney /client communication; d. Investigation expenses; e. Medical, school, birth, DMV, 911, emergency communication recordings and logs, and other similar records when the cost of an individual item does not exceed $75; and f. Any other non - routine expenses the tukwila municipal court finds necessary and proper for the investigation, preparation, and presentation of a case. 3. The Contractor shall invoice 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 bill shall delineate the following: • City compensation; • Grant Fund compensation; • Miscellaneous Charges: Copies of invoices and or receipts for miscellaneous charges shall be attached to the bill; and • A list of the cases assigned for the month including the defendant's full name, case number, charges, date of assignment & date of first contact. Payment shall be made on or by the 20th day of each and every month thereafter. Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 8 of 10 EXHIBIT C — PUBLIC DEFENSE MONTHLY REPORT CASES APPOINTED New Filings Post-Conviction Special CLIENT CONTACT Out of Court Meetings/Phone Calls/Email Correspondence Jail Visits MOTIONS PRACTICE Motions DISPOSITIONS Deferred Prosecution SOC/ Pre-Trial Diversion Agreements Compromise of Misdemeanors Plead as Amended (reduction of charges and/or dismissing counts) Plead as Charged/ Stipulated Facts Trial 1,1 A's TRIALS SET TRIED Bench Trial Jury Trial FTA's Day of Trial RESOURCES UTILIZED Expert Consulted Immigration Case Assistance/Resources (WDA) Interpreter (out of court) Investigator Referred for Mental Health/Competency Evaluation Social Worker COMPLAINTS Complaint Forms Received from Clients Complaints Filed with the WSBA TRAINING (in flours) WDA WACDL Other Kirschenbautn&Goss 2015-2016 DRAFT & Goss, Inc. P.S. Page 9 of 10 15 16 EXHIBIT D — CERTIFICATION OF COMPLIANCE MUNICIPAL COURT FOR CITY OF TUKWILA STATE OF WASHINGTON CERTIFICATION BY: FOR THE CALENDAR QUARTER OF [ ] No.: [ ] Administrative Filing CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 /CrRLJ 3.1 /JuCR 9.2 The undersigned attorney hereby certifies: 1. Approximately % of my practice time is devoted to indigent defense cases for the City of Tukwila. Approximately % of my practice is devoted to indigent defense cases for the following jurisdictions: Approximately % of my practice is devoted to private practice. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and certify that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigation services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. I will not accept a greater number of cases than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time. e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B -K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. f. Training: I will attend seven (7) hours of criminal defense training approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements each calendar year. Attorney, WSBA No. Date Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 10 of 10 Finance & Safety Committee Minutes October 7, 2014 - Page 2 D. Lease Agreement: Alliance One Staff is seeking Council approval of a lease agreement with Alliance One Management Receivables for a term of January 1, 2015 to December 31, 2016. Alliance One provides collection services and payment agreements for Municipal court fines and fees and has leased the space since 2009. This proposed agreement includes a 5% increase in the monthly rent, to $45.00 per month. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. E. Ordinance: Amending TMC 2.70.050, Public Defense Standards Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chapter 2.70.050 to remove the statement that the City shall adopt and implement a case - weighting system on or before January 1, 2015. Since that language was added to the Code in 2013, further analysis led staff to decide against adoption of a case weighting system. It was determined that such a system would result in no impact to staffing requirements yet would require significant administrative work. In addition, Washington Cities Insurance Authority has notified municipalities that they do not recommend adoption of a case weighting system. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. F. Contract: Public Defender Services - Kirshenbaum & Goss, Inc. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Goss, Inc. P.S. for public defender services during the 2015 -2016 biennium. Public Defense Standards delineating the number of cases each attorney can handle per year and mandating that compensation include administrative and training costs were adopted by the Washington State Supreme Court and become effective January 1, 2015. The federal court decision Wilbur v. Mt. Vernon also mandates significant changes to public defense programs and Administration has taken steps to ensure the City is in compliance. In order for the City to be in compliance with the new standards and the Wilbur v. Mt. Vernon mandates, the proposed contract includes a flat rate of $32,600 per month and $200 per day for Attorney of the Day services, providing the City with three dedicated attorneys plus support staff. The City has applied for grant funding from the Office of Public Defense and staff expects to learn the result shortly. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13, 2014 COMMITTEE OF THE WHOLE. G. Contract: Legal Services - Kenyon Disend, LLC Staff is seeking Council approval to enter into a contract with Kenyon Disend, LLC for City Attorney services during the 2015 -2016 biennium. Under the current and proposed contracts, general City Attorney services are provided at a flat monthly rate. Litigation, contested administrative proceedings and other special services are subject to prior approval and billed at the hourly rates of the contractor staff involved. The 2015 -2016 proposal increases the flat rate to $39,318 per month, representing an increase of approximately 6% to account for cost of living adjustments, increases in billing rates, and increased prosecution services. Councilmember Hougardy asked for an explanation of the decision to contract for services rather than move City Attorney duties in- house. City Administrator David Cline asserted that the City considers this a cost - effective strategy because the contract includes the varying expertise of all attorneys at Kenyon Disend. With an in -house City Attorney, municipalities still must occasionally seek outside special expertise at an additional cost. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. 17