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HomeMy WebLinkAboutReg 2020-11-16 Item 4D - Contract - 2021-2022 Prosecution Services with Walls Law Firm for $12,500 per MonthITEM INFORMATION STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 11/16/20 AGENDA ITEM TITLE 2021-2022 Contract with the Walls Law Firm for Prosecution Services CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 11/16/20 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW SPONSOR’S SUMMARY The current contract for Prosecution services expires December 31, 2020. The 2021- 2022 contract is $12,500 per month which is $1,000 less per month than the previous contract cycle. REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Com Planning/Economic Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: 10/26/2020 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor’s Office COMMITTEE Unanimous Approval; Forward to 11/16/2020 Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $150,000 per yr $150,000 per yr $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/16/20 MTG. DATE ATTACHMENTS 11/16/20 Informational Memorandum dated 10/19/2020 Draft 2021-2022 Contract for Services Minutes from 10/26/2020 Finance Committee Meeting COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 11/16/2020 CT 4.D. 17 18 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Finance Committee FROM: David Cline, City Administrator BY: Cheryl Thompson, Executive Assistant DATE: October 19, 2020 SUBJECT: Contract for Prosecution Services BACKGROUND The current contract for Prosecution Services provided by the Walls Law Firm expires December 31, 2020. Attached is a proposed contract for 2021-2022. DISCUSSION The Walls Law Firm has provided prosecution services to the City of Tukwila for several years through a contract with Kenyon Disend. When Kenyon Disend decided to discontinue providing prosecution services the City opted to take the opportunity to go through an RFQ/RFP process and the City has contracted directly with The Walls Law Firm for Prosecution Services since late 2018. In conjunction with the City’s efforts to reduce 2021-2022 budget expenditures the proposed contract is $12,500 per month which is $1,000 less per month than the previous contract cycle. The contract also allows for a mid-contract review of compensation to determine if an adjustment in compensation is feasible. RECOMMENDATION The Committee is being asked to move this contract forward to the consent agenda of the November 16, 2020 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Contract for Prosecution Services for 2021-2022 19 20 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 Walls Law Firm 2021-2022 Page 1 of 9 CONTRACT FOR PROSECUTION SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as “the City,” and the Walls Law Firm hereinafter referred to as “the Contractor. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the staffing or expertise to perform such services; 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: 1. 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, ordinances and rules applicable to the performance of such services. 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 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, except as may be amended by the Contractor and City following a mid-contract review to occur in approximately October 2021. A mutually agreed compensation adjustment, if any, may take effect on January 1, 2022. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2021 and ending December 31, 2022 unless sooner terminated under the provisions hereinafter specified or extended by the express written consent of Contractor and the Mayor or his designee. 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 City shall not be responsible for withholding or otherwise deducting federal income tax or social security or 21 Walls Law Firm 2021-2022 Page 2 of 9 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 $2,000,000 per claim and $2,000,000 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. 22 Walls Law Firm 2021-2022 Page 3 of 9 3. Commercial General Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance with limits no less than $2,000,000 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 23 Walls Law Firm 2021-2022 Page 4 of 9 any nature expended and services performed in the performance of this 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. Failure to provide products on schedule may result in contract termination. 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 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 Administrator, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: 24 Walls Law Firm 2021-2022 Page 5 of 9 The Walls Law Firm 16300 Christensen Road Suite 360 Tukwila WA 98188 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 ____________________________, 2020. CITY OF TUKWILA CONTRACTOR ____________________________________ _____________________________________ Allan Ekberg, Mayor Aaron Walls, Attorney, WSBA No. 25266 ATTEST/AUTHENTICATED: ____________________________________ Christy O’Flaherty, City Clerk APPROVED AS TO FORM: ___________________________________ Kari L. Sand, City Attorney 25 Walls Law Firm 2021-2022 Page 6 of 9 EXHIBIT A - SCOPE OF SERVICES 1. Review, make filing decisions, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes and represent the City on all contested traffic hearings. 2. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of Tukwila including but not limited to: in-custody/out-of-custody arraignments, pre-trial hearings and motions, readiness hearings, bench and/or jury trials, sentencings, review hearings and appeals. 3. Conduct investigations, contact witnesses, conduct plea bargain negotiations and make appropriate plea offers consistent with the laws and regulations as well as City of Tukwila standards and policies, make sentencing and bail recommendations to the Court, prepare and present legal memoranda, subpoenas, jury and other related materials, argue motions, represent the City at restitution hearings, conduct bench and/or jury trials. 4. Administrative functions relating to criminal prosecution and contested traffic hearings such as creation and maintenance of files, and completion of discovery requests. All files shall remain property of the City and shall be returned to the City upon termination of this Agreement or upon request by the City. Contractor shall retain all records in accordance with Washington State document retention laws. 5. Provide legal research, training and assistance to the Tukwila Police Department including statutory interpretation, enforcement issues and case decisions. Attend police department administrative staff meetings as requested. 6. File and defend appeals of municipal court decisions. 7. Contractor agrees to attend seven (7) hours of prosecution focused training each year. 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. 8. 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; • An Annual Report detailing the number of cases filed for the year, the number of cases referred for pre-filing diversion, the number of cases where pre-filing diversion was successfully completed, the number of cases where stipulated orders of continuance or deferred prosecution was agreed to and the number of cases dismissed. 26 Walls Law Firm 2021-2022 Page 7 of 9 27 Walls Law Firm 2021-2022 Page 8 of 9 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. For all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $12,500. 2. The Contractor shall invoice the City by the 10th day of each month for the previous month services. 3. The Contractor and the City agree to conduct a mid-contract review to occur in approximately October 2021 to evaluate case filings and compensation. 28 Walls Law Firm 2021-2022 Page 9 of 9 EXHIBIT C – PROSECUTION MONTHLY REPORT CASES New Filings Cases Declined PRE-FILING DIVERSION Referred for pre-filing diversion Successful completion of pre-filing diversion DISPOSITIONS Deferred Prosecution SOC/ Pre-Trial Diversion Agreement DWLS 3 Amended to Infraction Dismissals prior to Readiness TRIALS SET TRIED Stipulated Facts Trial Bench Trial Jury Trial Dismissals – Post Readiness/Day of Trial 29 30 City of Tukwila City Council Finance Committee Meeting Minutes October 26, 2020 – 5:30 p.m. – Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Verna Seal, Chair; Kathy Hougardy, Zak Idan Staff Present: David Cline, Vicky Carlsen, Tony Cullerton, Laurel Humphrey Chair Seal called the meeting to order at 5:30 p.m. I.BUSINESS AGENDA A.Contract: 2021-2022 City Attorney Services Staff is seeking Council approval of a contract with Ogden Murphy Wallace for attorney services for 2021-2022. General services will be billed at a flat monthly rate of $33,000 and other matters will be billed hourly as described in the memo. Committee Recommendation Unanimous approval. Forward to November 16, 2020 Regular Consent Agenda. B.Contract: 2021-2022 Prosecution Services Staff is seeking Council approval of a contract with the Walls Law Firm for prosecution services in the amount of $12,500 per month. Committee Recommendation Unanimous approval. Forward to November 16, 2020 Regular Consent Agenda. C.Contract: 2021-2022 Public Defense Services Staff is seeking approval of a contract with Kirshenbaum & Goss for public defender services in the amount of $29,100 per month. Committee Recommendation Unanimous approval. Forward to November 16, 2020 Regular Consent Agenda. D.Tax Levy Legislation Staff is seeking Council approval of ordinances to increase the regular tax levy from 20120 and adopt the general and excess property tax levy for 2021. Committee Recommendation Unanimous approval. Forward to November 9, 2020 Committee of the Whole for Public Hearing. 31