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HomeMy WebLinkAboutReg 2012-12-03 Item 4B - Agreement - 2013-2014 Video Public Defense with Kirshenbaum & Goss for $1,890 Per Month COUNCIL AGENDA SYNOPSIS • ----------------------------------Initials--------------------------------- ITEM NO. Meeting Date Pn and by A ors review Council review 0 12/03/12 CT 4. B. ITEM INFORMATION STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATI's: 12/03/12 AGENDA ITEM TITT.E Agreement with Kirshenbaum &Goss, Inc. PS for Video Public Defense Services CATEGORY ❑ Dismssion ®MotonlConsent ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public Hearing ❑ Other Mtg Date Mtg Date 12/03/12 Mtg Date Mt Date Date Mtg Date Mtg Date Mtg Date SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑IT ❑P&R ❑Police ❑PWI SPONSOR'S This agreement covers video 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 from $1,800 per month to $1,890 per month. RF_VIEWED 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 COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $45,360.00 2 yr term $46,000.00 2 yr term $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/03/12 Informational Memorandum dated 11/9/12 Contract for Services Minutes from the Finance and Safety Committee meeting of 11/20/12 1 2 City 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 3 4 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. 5 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 -2 - KirschenbaumVideo2013-2014-FINALdoc 6 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 - 3 - KinchenbaumVideo2013-2014-FINALdoc - 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. -4- KinchenbaumVideo2013-2014-F3NAL.doc 8 EXHIBIT B -- COMPENSATION AND METHOD OF PAYMENT I' 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 201h 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. - 5 - KicschenbaumVideo2013-2014-FINAL.doc 9 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/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. Date - 6 - KirschenbaumVideo2013-2014-FINAL.doc 10 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes November 20, 2012—5:15p.m.; Conference Room 93 PRESENT Councilmembers: De'Sean Quinn,Chair and Kate Kruller Absent: Dennis Robertson Staff: Jack Pace,Minnie Dhaliwal, David Cline,Trish Kinlow and Joyce Trantina CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:20 p.m. 1. 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. Caseloads 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 CS1 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 caseloads 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. The contract language remains the same as the current contract with the exception of updates made to the City's standard contract for services, which includes additional indemnification and insurance clauses. The 11