HomeMy WebLinkAboutCOW 2012-11-26 Item 4E - Agreement - Public Defender Services with Kirshenbaum & Goss COUNCIL AGENDA SYNOPSIS
----------------------------------Initials--------------------------------- ITEMNO.
Meetin g Date Prepared by Mayor's review Council review
• 11/26/12 CT
• 12/03/12 CT 4. E.
ITEM INFORMATION
STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 11/26/12
AGENDA ITEM TITLE Agreement with Kirshenbaum &Goss, Inc. PS for Public Defense Services
CATEGORY ® Discussion ®Motion ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public Hearing ❑ Other
Mtg Date 11126112 Mtg Date 12103112 1 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&'R ❑ Police ❑ PW
SPONSOR'S This agreement covers public defender services for indigent criminal defendants who
SUMMARY qualify for appointment counsel. The existing agreement expires December 31, 2012. The
new agreement is effective January 1, 2013 through December 31, 2014. The costs have
increased approximately 16%. This agreement requires Council approval prior to the
Mayor's signature.
REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/20/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
CoMMrrrEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDPTURB REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$288,000.00 2 yr term $312,000.00 2 yr term $0
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/26/12
MTG. DATE ATTACHMENTS
11/26/12 Informational Memorandum dated 11/9/12 (Amended after FS meeting)
Contract for Services
Minutes from the Finance and Safety Committee meeting of 11/20/12
12/03/12
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City 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
(Amended after Finance and Safety Committee, as underlined below)
ISSUE
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 to
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
cases or 400 weighted cases per year.
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. Previous contracts contained a CPI escalator which has
not been utilized since 2010. The $85.00 rate for cases over 120 has not been adjusted since
2008. Staff is recommending an increase in the 2013-2014 flat rate of$12,000 per month, and
a case rate of$100 for cases over 120. Contract costs may be affected after the State court
mandate goes into effect this fall. Staff will be addressing this issue in the second quarter of
next year, and will take the necessary steps to make sure that contracts do not over-lap.
RECOMMENDATION
It is recommended that this contract be forwarded to the December 3, 2012 Committee of the
Whole/Special Meeting for approval.
ATTACHMENTS
Draft Contract for Public Defender Services, 2013-2014
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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 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.
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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
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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 Office of the City Attorney
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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.
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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 201h day of each and every month thereafter.
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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. CERTIFICATION OF APPOINTED
COUNSEL OF COMPLIANCE WITH
STANDARDS REQUIRED BY CrR
Defendant. 3.1/CrRI-J 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. Date
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City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
November 20, 2012—5:15p.m.; Conference Room #3
PRESENT
Councilmembers: De'Sean Quinn, Chair and Kate Kruller
Staff: Jack Pace,Minnie Dhaliwal, David Cline,Trish Kinlow,Joyce Trantina
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:20 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Contract: Legal Services-Kenyon Disend, PLLC
Staff is seeking Council approval to enter into contract with Kenyon Dispend, LLC for legal services to be
provided during the 2013-14 biennium.
General City Attorney services are provided at a flat monthly rate. Special services are subject to prior
approval and are billed at the hourly rates of the contractor staff involved. These rates are attached to the
proposed 2013-2014 contract.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26 FOR DISCUSSION.
B. Contract: Public Defender Services-Kirshenbaum&Goss, Inc. P.S.
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender
services to be provided during the 2013-14 biennium.
The monthly contract rate for the biennium will be $12,000 for up to 120 cases per month. Case loads in
excess of 120 will be billed at$100.00 per case. The contract amount base rates increased from the 2011-
2012 rates from $10,315.80 and $85.00, respectively. Previous contracts contained a CSI escalator which
has not been utilized since 2010. The $85.00 rate for cases over 120 has not been adjusted since 2008. A
State court mandate limiting case loads for public defenders may affect contract costs in September, 2013
and staff will be addressing this issue in the second quarter of next year. Staff will also take the necessary
steps to make sure that contracts do not over-lap. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 26 COW FOR DISCUSSION.
C. Contract: Video Public Defense Services-Kirschenbaum & Goss, Inc. P.S.
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public
defense services to be provided during the 2012-13 biennium in the amount of$45,360.
The monthly contract flat rate for the biennium will be $1,890 per month, a $90 per month increase
compared to 2011-2012. This contract is coming forward for Council approval since the biennium contract
rate will exceed $40,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT
AGENDA.
D. Contract: Legislative Services—Ball Janik, LLC
This is a renewal contract for legislative services with Ball Janik, LLP for the representation of the City of
Tukwila in Washington, D.C. and on federal issues.
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