HomeMy WebLinkAboutFIN 2026-7-13 Item 1A - Contract Amendment #3 - Public Defense Services (Kirshenbaum & Goss Inc. P.S.)City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
ITEM NO.
AGENDA BILL
Agenda Item
Sponsor
Legislative History Com
Regul
Amendment to 2025-2026 Contract for Public Defense Services
Cheryl Thompson, Executive Coordinator
Mayor’s Office
July 13, 2026 Community Services & Safety Committee
July 20, 2026 Regular Meeting Consent Agenda
Recommended Motion ☐Discussion Only ☒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 $49,000
EXECUTIVE SUMMARY
Public Defense caseload standards have changed effective January 1, 2026, and case filings have
continued to increase. In order to provide services for the remainder of 2026, and going forward,
Kirshenbaum & Goss, Inc. P.S. need to hire an additional attorney to comply with caseload standards.
This contract amendment increases the compensation paid to the firm by an additional $9,800 per
month, totaling $47,400 per month.
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 st ates, 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.
As caseloads have continued to increase in 2026, and 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 has been determined that an additional attorney is needed for the
remainder of 2026. Without an additional attorney, Kirshenbaum & Goss are on track to hit the
caseload maximum by October 2026, and the City would need to contract with another attorney to
continue to provide this mandated service.
FINANCIAL IMPACT
Complete for all items with fiscal implications
Disclaimer: Final terms and scope of work subject to review by the City Attorney
☐Expenditure - Budgeted
☒Expenditure - Unbudgeted
☐Expenditure - Grant-Funded
☐Revenue – One-Time (e.g.
asset sale, surplus equipment)
☐Revenue - Ongoing
Expenditures:
$49,000
Revenues(if applicable):
Fund Source:
General Fund
1.A.
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Contractor (if applicable) Kirshenbaum & Goss
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 $49,000
Duration August 1, 2026 – December 31, 2026
Additional Comments:
ATTACHMENTS
Amendment #3 for Contract No. 24-145 with Kirshenbaum & Goss, Inc. P.S.
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City of Tukwila Agreement Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment #3
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 July, 2026.
CITY OF TUKWILA CONTRACTOR:
______________________________ ___________________________________
Thomas McLeod, Mayor David Kirshenbaum
Attest/Authenticated:
______________________________
Andy Youn-Barnett, City Clerk
Approved as to Form:
______________________________
City Attorney’s Office
CT
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24-145 Kirshenbaum & Goss, Inc. PS Amendment 3 Page 2 of 2
EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1.Base Compensation Rate. Effective August 1, 2026, for all public defense services set forth in Exhibit
A, Contractor shall be paid a flat monthly fee of $47,400, 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.
2.Caseload Compensation. Caseload assignments will be evaluated on a quarterly basis. Effective
August 1, 2026, for each case per quarter over 290 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 have been awarded for FY2027 in the amount of $15,000. Possession or public use of a
controlled substance cases will be paid at a separate rate of $500 per case until funds are expended.
4.Appeals. The City shall pay the Attorney an additional sum of $800 per RALJ 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.
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