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HomeMy WebLinkAbout25-063 - Contract - Brumley Law Firm, LLC - 2025-2026 Conflict Public Defense ServicesCity of Tukwila Contract Number: 25-063 6200 Southcenter Boulevard, Tukwila WA 98188 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 Brumley Law Firm LLC, hereinafter referred to as "the Contractor. WHEREAS, the City has determined the need to have certain services performed for its residents 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 Contractorshait 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 $50,000 per calendar year. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing March 1, 2025, and ending December 31, 2026, 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. S. 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 bythe sole negligence of the City. Should acourtofcompetentjurisdictiondetermine Brumley Law Firm LLC Conflict Public Defense Services Page 1 of 10 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 Contractorto 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 Contractorshall 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 coverage of 100,000 per person, and 300,000 per incident with $100,000 for property damage. 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 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 Conflict Public Defense Services Page 2 of 10 endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 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 othersuch 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 respectto all matters covered bythis 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. Conflict Public Defense Services Page 3 of 10 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 following address: Brumley Law Firm LLC 1303 Central Ave S 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 anyterm of this Agreement, the parties specifically understand and agree thatvenue 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 28th day of _____ February—_----, 2025. CITY OF TUKWILA CONTRACTOR Signed by: Signed by: t,btMa1 ��.�,(,c,ao�, CT , bslu,�a. —--€€23�ff�45B�44_-------------------—sarraas�----------------------- Thomas McLeod, Mayor Joshua Brumley, WSBA No. 49851 ATTEST/AUTHENTICATED: Signed by: --2FEI3 -4'FF6M=7------------------ Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Signed by: +k11 C-�. Sa nd. --3E499CR� City Attorney's Office Conflict Public Defense Services Page 4 of 10 EXHI BIT A -SCOPE OF SERVICES 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 herd esignee 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. 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 5 of 10 EXHIBIT A - SCOPE OF SERVICES (CONTINUED) Determination of a defendant's eligibility for public defense services under this Contracts ha R 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. 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 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. 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 6 of 10 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Per Case. The City shall pay the Attorney the sum of $450.00 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 (excluding the calendar year during which the disposition was made). 2. Possession and Public Use Cases: Simple Possession Advocacy and Representation (SPAR) grant funds have been awarded through June 30, 2025. These funds will pay $550 per case for possession or public use of a controlled substance cases. The City will apply for continued grant funding for the remainder of 2025-2026. 3. 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. 4. Jury Trials. The City shall pay the Attorney an additional sum of $300.00 for any case that goes to jury trial. 5. 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. 6. 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. 7. The City agrees to process the invoice for payment as soon as possible after receipt. 8. 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 assignment, which shall be billed separately and paid after completion of the first review hearing of the new calendar year where the defendant appears. Conflict Public Defense Services Page 7 of 10 EXHIBIT C - PUBLIC DEFENSE MONTHLY REPORT MONTHLY STATISTICS REPORT Attorney Date CASES APPOINTED New Filings Post -Conviction CLIENT CONTACT Jail Visits Out of Court Meetings Phone Calls Email Correspondence MOTIONS PRACTICE Motions RESOURCES UTILIZED Expert Consulted Immigration Case Assistance/Resources (WDA) Interpreter (out of court) Investigator Referred for Mental Health/Competency Evaluation Social Services Liaison COMPLAINTS Complaint Forms Received from Clients Complaints Filed with the WSBA TRAINING (in hours) WDA WACDL Other Conflict Public Defense Services Page 8 of 10 EXHIBIT D - MONTHLY CASE SUMMARY DISPOSITION REPORT Month Case Summary Disposition Report Attorney/Firm # of Jury or #of Contacts Cause Date of pate of Bench Appearances Outside of Investigator F.pert Number Name Charges Assignment Disposition Disposition Trial Date Trial Tried in Court Court Usage Usage Social Services Liaison Usage Interpreter Usage Outside of Court Conflict Public Defense Services Page 9 of 10 EXHIBIT E - CERTIFICATION OF COMPLIANCE MUNICIPAL COURT FOR CITY OF TUKWILA STATE OF WASHINGTON CERTIFICATION BY: [NAME], [WSBA#] QUARTER [1ST,2ND, 3RD, 4TH] CALENDAR YEAR 202_ The undersigned attorney hereby certifies: 1. 2. 3. C! 5 a 7. CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1/CrRU 3.1/JuCR 9.2 Certification for: to MM/DD/YYYY MM/DD/YYYY I am familiar with the Standards for Indigent Defense adopted by the Supreme Court which apply to attorneys appointed to represent indigent clients. I file certification forms in each court in which I provide indigent defense representation. Approximately % of my total practice time is devoted to indigent defense cases. Approximately % of my total practice time is devoted to indigent defense cases in Tukwila Municipal Court. I am appointed in other courts to provide indigent defense representation. My practice time in each is approximately as follows: Not Applicable Court: Total practice: % Court: Total practice: % Court: Total practice: % Caseload: I limit the number of cases and mix of case types to the caseload limits required by Standards 3.2, 3.3 and 3.4. My caseload is prorated to the percentage of my practice devoted to indigent defense. Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. 1 am familiar with the specific case qualifications in Standard 14.2 and accept appointment as lead counsel only when I meet the qualifications for that case. Office: I have access to an office that accommodates confidential meetings, a postal address, and adequate telephone and communication services as required by Standard 5.2. Investigators: I have investigators available to me and use investigative services as appropriate, as required by Standard 6.1. Attorney Signature WSBA No. Date Conflict Public Defense Services Page 10 of 10