HomeMy WebLinkAbout20-140 - Joshua Brumley - Conflict Public Defense ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 20-140(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment#1
Between the City of Tukwila and Joshua Brumley
That portion of Contract No. 20-140 between the City of Tukwila and Joshua Brumley is hereby
amended as follows:
EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1 Per Case. The City shall pay the Attorney the sum of $375.00 per case which includes $75
per month Office of Public Defense (OPD) grant funds to compensate for additional
services provided as outlined in Exhibit A Section 13. This payment will include pretrial,
motions, trial, sentencing and review forthe remainder of the calendar year after the
date of disposition. For cases that span multiple calendar years, Attorney shall be paid at
the date of disposition and at the end of once peryearfor each additional calendar year
during which the case is active and hearing(s) are held (excluding the calendar year
during which the disposition was made).
7 Review Hearings held during the same calendar year as the disposition shall be included
in the original assignment as set forth in Exhibit B, Section 1 above. Any additional
hearings necessitated in a new calendar year shall be considered a new assignments,
which shall be billed separately and paid foratthc cnd of thc calcndaryaarafter
completion of the first review hearing of the new calendar yearwherethe defendant
appears.
All other provisions of the contract shall remain in full force and effect.
Dated this 5th day of August , 2021.
CITYOFTUKWILA CONTRACTOR /
C7iffeztt 6,6-Ge/cg
CT Allan Ekberg, Mayor 08/05/2021 Joshua Brumley, Attorney
ATTEST/AUTHENTICATED APPROVEDASTO FORM
'/t4&71y 6767 4tq
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
Brumley Amendment #1 Page 1 of 1
City of Tukwila
6200 Soutiicenter Boulevard, Tukwila WA 98188
Contract Number: 20-140
Council Approval N/A
CONTRACT FOR CONFLICT PUBLIC DEFENSE 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 Joshua Brumley, 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 manpower 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 shalt at all times comply with all
Federal, State, and local statutes, ordinances and rules applicable to the performance of such
services and the handling of any funds used in connection therewith including the provisions of
the 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 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. The total amount to be paid shall not exceed $30,000 per calendar year.
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.
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
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.
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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 (IS0) 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 with
limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and
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$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 3710 01 or substitute endorsements providing equivalent
coverage.
4. Workers' Compensation: The Contractor shalt 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 Agreement and
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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 City and by the office of the archivist in
accordance with RCW Chapter 40.14.
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 Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
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Notices to the Contractor shall be sent to the following address:
Joshua Brumley
1303 Central Avenue South Ste 201
Kent WA 98032-7403
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 ofc-'-cr- , 2020.
CITY OF TUKWILA CONT TOR
SeGr/e'g
CT Allan Ekberg, Mayor J+.f ua Brumley, WSBA No. 49851
12/30/2020
ATTEST/AUTHENTICATED:
c1 4,: <}6,7(czA&Y
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
c)�a $arid
Kari Sand, City Attorney
Conflict Public Defense Services Page 5 of 11
EXHIBIT A - SCOPE OF SERVICES
1. In the event the City's designated public defender is unable to represent a defendant, the
Contractor may be appointed by the Tukwila Municipal Court Judge or her designee to provide
indigent defense 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.
2. Services will include legal representation for appointed indigent criminal defendants charged
with a misdemeanor or gross misdemeanor from the date of appointment for pretrial, motions,
trial, sentencing and review hearings for the remainder of the calendar year after the date of
disposition. Any additional hearings necessitated in a new calendar year shall be considered new
assignments and billed separately, as set forth in Exhibit B, Section 7. The Contractor agrees to
attempt to contact the client within 72 hours of notification of appointment.
3. 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 and
shall be able to generate periodic reports regarding caseloads generated under this Agreement
for each Attorney and intern providing services under the Agreement as detailed in under
Section 12. Reporting.
4. If a defendant fails to appear (hereinafter "FTA") for a hearing and a warrant issues, the
Contractor shall submit a Notice of Withdrawal. In such cases, the duty to the client and court is
complete upon submission of the Notice of Withdrawal. If the Contractor has had no contact
with the FTA defendant, the Contractor shall not bill the City and the case will not be included in
the Contractor's annual caseload.
5. Jury Trials and Appeals shall be compensated as outlined in Exhibit B.
6. The Contractor shall provide to the Tukwila Police Department a telephone number or numbers
at which the Contractor can be reached twenty-four (24) hours each day for "critical stage"
advice to defendants during the course of police investigations and/or arrest for violations of
City ordinances.
7. 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 associated counsel to assist him or
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.
Conflict Public Defense Services Page 6 of 11
EXHIBIT A - SCOPE OF SERVICES CONTINUED
8. Determination of a defendant's eligibility for public defense services under this Contract shall be
determined by an independent screening process established by the City. Should the Contractor
determine a defendant is not eligible for public defense services prior to the establishment of the
attorney/client privilege, the Contractor shall so advise the City to reconsider the screening of
that particular individual.
9. 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.
10. 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.
11. 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.
12. Reporting: Contractor agrees to submit the following reports:
• Monthly Case Assignment List: Includes Cause Number, Name, Charges, Date of Assignment and
Date of First Effort to Contact;
• Monthly Statistics Report: This report shall take substantially the same form as that attached
hereto as Exhibit C and shall be submitted with the monthly invoice;
• Monthly Case Summary Disposition Report: This report shall take substantially the same form as
that attached hereto as Exhibit D 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 E 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;
• Annual Resort: 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.
13. Client Contact Prior to Court Hearings: Contact all clients 1-2 business days prior to their court
hearing to confirm access to and knowledge of how to utilize the necessary technology to appear
before the court.
Conflict Public Defense Services
Page 7 of 11
EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1. Per Case. The City shall pay the Attorney the sum of $375.00 per case which includes $75 per
month Office of Public Defense (OPD) grant funds to compensate for additional services
provided as outlined in Exhibit A Section 13. This payment will include pretrial, motions, trial,
sentencing and review for the remainder of the calendar year after the date of disposition. For
cases that span multiple calendar years, Attorney shall be paid at the date of disposition and at
the end of each additional calendar year during which case is active and hearing(s) are held
(excluding the calendar year during which the disposition was made).
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;
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. Jury Trials. The City shall pay the Attorney an additional sum of $300.00 for any case that goes
to jury trial.
4. Appeals. The City shall pay the Attorney an additional sum of seventy five ($75.00) per hour
plus the cost of transcription services, for any matter assigned for appeal to the King County
Superior Court.
5. The Attorney shall invoice the City monthly for all cases where disposition has been entered
with the court. The invoice shall delineate the following:
• A list of the cases disposed for the month including the defendant's name, cause number,
date of assignment and date of disposition.
• Miscellaneous Charges. Copies of invoices and or receipts for miscellaneous charges shall be
attached to the bill.
• The Monthly Statistics Report and Monthly Case Summary Disposition Report must be
submitted with the invoice.
6. The City agrees to process the invoice for payment as soon as possible after receipt.
7. Review Hearings held during the same calendar year as the disposition shall be included in the
original assignment as set forth in Exhibit B, Section 1 above. Any additional hearings
necessitated in a new calendar year shall be considered new assignments, which shall be billed
separately and paid for at the end of the calendar year.
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EXHIBIT C - PUBLIC DEFENSE MONTHLY REPORT
Attorney
Date
CLIENT CONTACT
Jail Visits
Out of Court Meetings
Phone Calls
Email Correspondence
MOTIONS PRACTICE
Motions
RESOURCES UTILIZED
Expert Consulted
Immigration Case Assista nce/Resources (WDA)
Interpreter (out of court)
Investigator
Referred for Mental Health/Competency Evaluation
Social Services Liaison
COMPLAINTS
Complaint Forms Received from Clients
Complaints Filed withth WSBA
TRAINING (in hours)
�DA
YVA[DL
Other
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Month
EXHIBIT D - MONTHLY CASE SUMMARY DISPOSITION REPORT
Case Summary Disposition Report
Attorney/Firm
Cause
Number
Name
Dote of D,4ito
Cher-ges Assignment Dispositio- Dis pee ntion Tria Date
nr ft of
Peru. -1 Ap purr 1.011UU5
re CDUIT
cf
Cnnta-,,
Ott4irlio
Cu trt
u,age
Social
SA rvInE,,,,
Expurt Liaison
Usage Usage
nterpre:e•
Clolojde of
Ccurt
Conflict Public Defense Services Page 10 of 11
EXHIBIT E — CERTIFICATION OF COMPLIANCE
MUNICIPAL COURT FOR
CITY OF TUKWILA
STATE OF WASHINGTON
CERTIFICATION BY:
FOR THE
CALENDAR QUARTER OP_______
[]No.:
[ ] Administrative Filing
CERTIFICATION OFAPPOINTED COUNSEL OF
COMPLIANCE WITH STANDARDS REQUIRED BY CrR
The undersigned attorney hereby certifies that for the past quarter and for the remainder of the year:
1. Approximately % of my practice time is devoted to indigent defense cases for the City of Tukwila.
Approximately ___°/0 of my practice is devoted to indigent defense cases for the following
jurisdictions:
Approximately __..Y0 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
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