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HomeMy WebLinkAboutFS 2012-11-20 Item 2B - Agreement - 2013-2014 Public Defender Services with Kirschenbaum & GossCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: David Cline BY: Joyce Trantina DATE: November 9, 2012 SUBJECT: Contract for Public Defender Services 1341 LM The current contract for public defender services provided by Kirshenbaum Goss expires December 31, 2012. Attached is a proposed contract for 2013 -2014. BACKGROUND The City of Tukwila (Tukwila Municipal Court) contracts for public defender services including representation for indigent criminal defendants who qualify for appointment counsel. These services include: screening, 24 -hour telephone access, and associated counsel when appropriate. DISCUSSION Under the current and proposed contracts, public defender services are provided at a flat monthly rate. This rate pertains to a caseload of 120 cases per month. When the caseload exceeds 120, a per -case rate is applied. The Washington State Supreme Court recently adopted changes in the way public defense lawyers operate by enacting a court rule specifically designed to restrict the amount of public defense cases they handle by limiting the amount of private defense work they are allowed t do. This new enactment has changed the contract public defense model from a cost per case to a full time legal equivalent model. Next fall, lawyers will be limited to 300 public defense weighted cases per year and lawyers who carry that caseload are not technically allowed to take private cases. The 2011 -2012 flat rate for public defender services was $10,315.80 and the per -case rate for cases over 120 was $85.00 per case. Staff is recommending an increase in the 2013 -2014 flat rate to $12,000 per month, and a case rate to $100 each for cases over 120. 11 INFORMATIONAL MEMO Page 2 RECOMMENDATION It is recommended that this contract be forwarded to the November 26, 2012 Committee of the Whole and the December 3, 2012 Regular Meeting for approval. ATTACHMENTS Draft Contract for Public Defender Services, 2013 -2014 W:\Contracts\lnfoMemoTemplate-CouncilKirschenbaum20l2.doc 12 900 City Of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirschenbaum Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor," WHEREAS, the City has a need to have certain legal services performed for its citizens; 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 shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. 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 C 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. The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule of services is to be modified in any way. 2. Compensation and Method of Pam The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit C attached hereto and incorporated herein by this reference. 3. Contractor Budget The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated pursuant to paragraph 8 of this Agreement. 13 5. 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. 6. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 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. 8. 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. 9. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 11. Entire Agreement This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the Kirsche nbaum20I 3- 2014PD- -FINAL. doc -2- IC. agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. 12. 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 address provided by the Contractor upon the signature line below. 13. 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. 14. 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. DATED this day of CITY OF TUKWILA Mayor Jim Haggerton Attest/Authenticated: Christy O'Flaherty, City Clerk Kirschenbaum2013- 2014PD-- FINAL. doc 2012. CONTRACTOR: Kirschenbaum Goss, Inc. By: Title: Approved as to Form: Office of the City Attorney -3- 15 EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house city attorney office. In particular, Contractor agrees to: A. Provide legal representation for all indigent criminal defendants charged under ordinances of the City who qualify for appointment counsel and are screened upon or after January 1, 2013. The Contractor shall provide legal representation for each of these defendants from time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. B. Determination of indigency for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City. Should the Contractor determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney /client privilege, the Contractor shall so advice the City to reconsider the screening of that particular individual. C. The Contractor shall provide to the City Police Department, a telephone number or numbers at which an attorney may be reached 24 -hours each day for "critical stage" advice to the defendants during the course of police investigations and/or arrest for misdemeanor violations of City Ordinances. D. 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 associate counsel to assist him/her at the Contractor's expense. The contractor and all associates or attorneys hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. Kirschenbaum2013- 2014PD -F INAL. doc M 16 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT 1. For 2013, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $12,000. This flat rate shall pertain to a caseload of 120 per month. In those months where the caseload exceeds 120, the Contractor shall be compensated at a rate of $100.00 per case. Any adjustments in the rate for the following year shall be made upon mutual written agreement by both parties, prior to the end of the current year. 2. The Contractor shall bill the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The first payment shall be made on or before January 20, 2013 and by the 20` day of each and every month thereafter. Kirschenbaum2013- 2014PD FINAL. doe -5- 17 EXHIBIT C CERTIFICATION OF COUNSEL IN THE MUNICIPAL COURT FOR THE CITY OF TUKWILA STATE OF WASHINGTON FOR KING COUNTY CITY OF TUKWILA, Plaintiff, vs. Defendant. CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 /CrRLJ 3.1 /JuCR 9.2 1. Approximately of my total practice time is devoted to indigent defense cases. 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. [Effective September 1, 2013: I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] Defendant's Lawyer, WSBA No. Kirschenbaum2013- 2014PD-- FINAL. doc l� Date i