Loading...
HomeMy WebLinkAboutCOW 2025-01-12 Item 4A - Contract Amendment #2 - 2025-2026 Public Defense Services with Kirshenbaum & Goss for $60,000City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.A. Agenda Item Sponsor Legislative History Recommended Motion Amendment to 2025-2026 Contract for Public Defense Services Cheryl Thompson, Executive Coordinator Mayor's Office January 12, 2026 Committee of the Whole January 26, 2026 Regular Meeting ❑ Discussion Only 0 Action Requested MOVE TO Authorize the Mayor to execute a contract amendment with Kirshenbaum & Goss, Inc. P.S. increasing compensation for 2026 in the amount of $60,000 EXECUTIVE SUMMARY Public Defense caseload standards have changed effective January 1, 2026. As part of the 2026 Budget Amendment, City Council authorized a $60,000 increase to the contract with Kirshenbaum & Goss, Inc. P.S. to hire an additional attorney to meet the caseload standards. This contract amendment increases the compensation paid to the firm by an additional $5,000 per month, totaling $37,600 per month, in alignment with the budget amendment. DISCUSSION The Sixth Amendment of the United States Constitution requires that people accused of serious crimes who cannot afford to pay for private counsel be provided with an attorney. Responsibility for upholding the mandate of the Sixth Amendment lies with the states, although in Washington State this responsibility has been delegated to counties and municipalities that have judicial branches. The City of Tukwila contracts for public defense services to provide legal representation for indigent criminal defendants who qualify for appointment of counsel. In 2025 caseloads have continued to increase. After evaluation of current caseloads in conjunction with the reduction in the number of misdemeanor cases each public defense attorney is now allowed to handle each year, it was determined that an additional attorney was needed. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by he City Attorney © Expenditure - Budgeted ❑ Expenditure - Unbudgeted ❑ Expenditure - Grant -Funded ❑ Revenue — One -Time (e.g. sale, surplus equipment) ❑ Revenue - Ongoing Expenditures: Fund Source: $60,000 Revenues(if applicable): General Fund $nter Amountasset Contractor (if applicable) Kirshenbaum & Goss 4 Scope of Work To provide legal representation for indigent criminal defendants who qualify for appointment of counsel. Representation is provided from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. Amount $60,000 Duration January 1, 2026 — December 31, 2026 Additional Comments: ATTACHMENTS Amendment #2 for Contract No. 24-145 with Kirshenbaum & Goss, Inc. P.S. 5 https://tukwilawa.sharepoint.com/sites/CC2/CC Docs/2026 COUNCIL MTGS/2026 Agenda Packets/2026-01-12 Council Packet - COW & Specia1/5a - 25-26 Public Defense Services Contract Amendment/01 Agenda Bill re Amendment to 2025-2026 Public Defense Services Contract.docx City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Kirshenbaum & Goss, Inc. PS. That portion of Contract No. 24-145 between the City of Tukwila and Kirshenbaum & Goss, Inc. PS is hereby amended as follows: Section 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. Base Compensation is in consideration of a caseload not to exceed 960 cases per year. In compliance with the public defense standards, the case counts include the Contractor's appearance at 48 arraignment calendars per year. All other provisions of the contract shall remain in full force and effect. Dated this day of January,2026. CITY OFTUKWILA CT Thomas McLeod, Mayor Attest/Authenticated: Andy Youn-Barnett, City Clerk Approved as to Form: City Attorney's Office CONTRACTOR: David Kirshenbaum 6 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Base Compensation Rate. Effective January 1, 2026, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $37,600, which includes $2,000 per month Office of Public Defense (OPD) grant funds to compensate for additional services provided as outlined in Exhibit A Sections 12 & 13. Should provision of the additional services be modified in any way, compensation will be adjusted accordingly. OPD grant funds have been awarded for 2025. If needed, a mid -contract review will be conducted to adjust compensation based on grant funding. 2. Caseload Compensation. Caseload assignments will be evaluated on a quarterly basis. For each case per quarter over 240 cases additional compensation will be provided at the rate of $550 per case. 3. Possession and Public Use Cases: Simple Possession Advocacy and Representation (SPAR) grant funds for FY2026 have been fully expended. Possession or public use of a controlled substance cases will no longer be paid at a separate rate above the base compensation rate reference in Section 1.. 4. Appeals. The City shall pay the Attorney an additional sum of $800 per RAJ appeal filed with the King County Superior Court in which a brief has been filed by the Contractor. 5. Community Court. The Tukwila Municipal Court is researching implementation of a cross - jurisdictional Community Court. If a Community Court is implemented during the term of this contract, the impact to provision of public defense services for the Community Court will be assessed and compensation will be adjusted accordingly. 6. Preauthorized Non -Routine Expenses. Non -routine case expenses requested by Attorney and preauthorized by order of the Tukwila Municipal Court. Non -Routine expenses include, but are not limited to: a. Medical and psychiatric evaluations; b. Expert witness fees and expenses; c. Interpreters for languages not commonly spoken in the city or interpreters; 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. 7. Invoices. The Contractor shall invoice the City by the fifth day of the month for all cases assigned to him/her for the previous month. The bill shall delineate the following: • City compensation; • Miscellaneous Charges: Copies of invoices and/or receipts shall be attached to the bill; and • A list of the cases assigned for the month including the defendant's full name, case number, charges, date of assignment & date of first contact. 7 24-145 Kirshenbaum & Goss, Inc. PS Amendment 2 Page 2 of 2