HomeMy WebLinkAbout23-071 - Gregory Magee - Conflict Public Defense ServicesDowSign Envelope la El CBF292-B6DD-44E0-9C32-3D5C895037A8
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-071
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 Gregory Magee,
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 Exhi bit 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 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. Com ensation and Method of Pa ment. 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, 2023 and ending December 31, 2024 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
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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 $200,000 per claim and $500,000 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: Waived
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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
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 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.
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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
Notices to the Contractor shall be sent to the foliowing address:
Gregory Magee
PO Box 69
Kent, WA 98035-0069
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15. Applicable Law;Venue;fitttorney'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 17th_ day of April , 2023.
CITY OF TUKWILA CONTRACTOR
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Allan Ekberg, Mayor 04-17-2023
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Christy O'Flaherty, O'Flaherty, City Clerk
APPROVED AS TO FORM:
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Kari Sand, City Attorney
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Gregory Magee, WSBA No. 35236
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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.
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EXHIBIT A - SCOPE OF SERVICES (ICONTINUEDJ
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 Exhibitfl 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 Priorto 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.
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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
once per year for each additional calendar year during which the case is active and hearing(s)
are held (excludingthe 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 includingthe 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 6, Section 1 above. Any additional hearings
necessitated in a new calendar year shall be considered a new assignment, which shall be billed
separately and paid after completion of the first review hearing of the new calendar year where
the defendant appears.
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EXHIBIT C — PUBLIC DEFENSE MONTHLY REPORT
MONTHLY STATISTICS REPORT.
Attorney
Date
..............................................................................................................................................................................................................................................................................................................
CASES APPOINTED
New Rh ngs
Post-Conyikto n
CLIENT CONTACT
Jail Visits
Out of Court Meetings
Phone Calls
Email Correspondence
1 OTI ON S PRACTICE
Moto ns
RESOURCES UTILIZED
Expert Co nsufted
....
dm milgrato n Case Assistance/Resources (WDA)
nterpreter (out of court)
Investigator
Referred for Mentd Heafth/Competency Eva hatilon
Socil2d Services Liaison
COMPLAINTS
...
Con4flaint Forms Received from Clients
Complaints Filed with the WSBA
.......................................................................................................................................................................................................................................................................................................................................................................
TRAINING (in hours)
WDA
WAC DL
Other
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Mwuh
Cause
Number
EXHIBIT D - MONTHLYCASE SUMMARY DISPOSITION REPORT
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EXH|BITE—CE CE
MUNICIPAL COURT FOR
CITY OF TUKWILA
STATE OF WASHINGTON
CERTIFICATION BY:
FOR THE
___CALEN0AR QUARTER OF_______
[ No.:
[ Administrative Filing
CERTIFICATION (JFAPPQ|NTEDCOUNSEL QF
COMPLIANCEWITH STANDARDS REQUIRED BY
CrR 3.1/CrRLJ 3.1/JuCR 9.2
The undersigned attorney hereby certifies that for t[-_.ipast quarter and for the remainder of the year
1. Approximately Wo of my practice time is devoted to inditdefensecaseshntheCdxuf
Approximately_ 2/0 of my practice is devoted to indigent defense cases for the following
jurisdictions:
Approximately___% ofmy practice isdevoted to private practice.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed
to represent indigent persons and certifythat:
a. Basic Qualifications: 1 meet the mininiuni 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. |
will not accept a greater number of cases than specified in Standard 3.4, prorated if the amount of
tinie spent for indigent defense is less than full tinie.
e. Case Specific Qualifications: 1 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 forthat 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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