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HomeMy WebLinkAboutFS 2012-11-20 Item 2C - Agreement - 2013-2014 Video Public Defense 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 Video Public Defense Services ISSUE The current contract for video 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 video public defender services including: Daily video court public defense services to defendants who are detained at the SCORE Jail and qualify for public defense services. DISCUSSION Under the current and proposed contracts, public defender services are provided at a flat monthly rate. The 2011/2012 rate for these services is $1,800 per month. Staff is recommending an increase of 5 or $1,890 per month for the 2013 -2014 contract. RECOMMENDATION It is recommended that this contract be forwarded to the December 3, 2012 Regular Meeting Consent Agenda for approval. ATTACHMENTS Draft Contract for Video Public Defender Services, 2013 -2014 19 20 �J,�YJILA �4 s 1 1908 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 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. 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. 21 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 KirschenbaumVideo2013 -2014 FINAL.doc -2- 22 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 2012. CITY OF TUKWILA CONTRACTOR: Kirschenbaum Goss, Inc. By: Mayor Jim Haggerton Title: Attest/Authenticated: Approved as to Form: Christy O'Flaherty, City Clerk KirschenbaumVideo2013 -2014 FUVAL.doc Office of the City Attorney -3- 23 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 daily video court public defense services to defendants charged under ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a manner consistent with the accepted practices for similar services, performed to the City's satisfaction. KirschenbaumVideo2013 -2014 FW AL.doc M 24 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT 1. For 2013 -2014, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $1,890.00. 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. Payment by the City for the services will only be made after the services have been performed and an invoice has been submitted in a form acceptable to the City. KirschenbaumVideo2013 -2014 FINAL.doc -5- 25 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. KirschenbaumVideo2013 -2014 FINAL.doc Date 26