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Home My WebLink About08-125 - Kirshenbaum & Goss - 2009-2010 Video Public Defense (Municipal Court) 08- 125(a) Council Approval N/A CITY OF TUKWILA CONTRACT FOR SERVICES Amendment Between the City of Tukwila and Kirshenbaum Goss, Inc., P.S. That portion of Contract No. 08 -125 between the City of Tukwila and Kirshenbaum Goss, Inc., P.S., is amended as follows: 2. Term of this Contract. This Contract shall commence on January 1, 2010. This Contract shall remain in full force and effect through December 31, 2010, unless terminated earlier pursuant to the provisions of this Contract All other provisions of the contract shall remain in full force and effect. Dated this 0 day of 20 CONTRACTOR CITY OF TUKWILA J A 449 D�v�enbaum i Hag, ayor ATTEST/ AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, CMC�Cit tk ty A6or� Date approved by City Council (Applicable if contract amount is over $40,000) C \Documents and Settings \trish- k\Desktop \Transfered Desktop \Trish \CONTRACTS \Video Public Defense Amendment Kirshenbaum.doc kn 11/18/2009 Page 1 of I 0 Contract No. 0S 05 CONTRACT FOR VIDEO PUBLIC DEFENSE SERVICES This Contract is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirshenbaum Goss, Inc., P.S., a Washington corporation hereinafter referred to as "the Firm," for the purpose of providing video court public defense services for the Tukwila Municipal Court. WHEREAS, the City has determined the need to have certain services performed for its residents but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Firm 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 of Services. The Firm shall provide daily video court public defense services to defendants charged under ordinances of the City who are detained at the Regional Justice Center "RJC or King County Jail "KCJ and qualify for public defense services "Services in a manner consistent with the accepted practices for similar services, performed to the City's satisfaction. In performing the Services, the Consultant shall comply with the terms of the RJC Video Court Agreement, as now existing or hereafter adopted or amended. 2. Term of this Contract. This Contract shall commence on January 1, 2009. This Contract shall remain in full force and effect through December 31, 2009, unless terminated earlier pursuant to the provisions of this Contract. 3. Compensation. A. Monthly Rate. In consideration of the Consultant performing the Services, the City agrees to pay the Consultant an amount not to exceed $21,600.00, or $1,800.00 per month. B. Billing. The Firm shall bill the City monthly. Payment by the City for the Services will only be made after the Services have been performed, and an invoice is submitted in a form acceptable to the City. The City agrees to seek approval for payment as soon as possible after receipt of the invoice. 4. Associated Counsel. Any counsel associated with or employed by the Firm shall have the authority to perform the services called for herein, and Firm may employ I c 4 associated counsel to assist him or her at Firm's expense. The Firm and any other attorneys retained pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. 5. Indenendent Contractor. The Firm and City agree that the Firm is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Firm nor any employee of the Firm shall be entitled to any benefits accorded City employees by virtue of the services provided under this Contract. 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 Firm, or any employee of the Firm. 6. Indemnification. The Firm shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Firm in the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. 7. Proof of Professional Liability Insurance. During the term of this Contract and any extensions thereof, the Firm shall secure and maintain a policy of comprehensive professional liability insurance provided by an insurance company licensed to do business in the State of Washington. Said policy shall have limits of not less than $1,000,000.00 and shall name the City of Tukwila as an additional named insured. Said insurance policy shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Assignment and Subcontract. The Firm shall not assign or subcontract any portion of the services contemplated by this Contract. 9. Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of interest such that the Firm cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Firm. 10. Termination. This Contract may at any time be terminated by the City giving to the Firm thirty (30) days written notice of the City's intention to terminate the same. If the Firm's insurance coverage is canceled for any reason, the City shall have the right to terminate this Contract immediately. 11. Discrimination Prohibited. In providing the services under this Contract, the Firm shall not discriminate against any person on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Entire Aereement. This Contract contains the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Contract, shall be deemed to exist or bind any of the parties hereto. Either party may request changes to the Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: Municipal Court City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Firm shall be sent to the address provided by the Firm upon the signature line below. 14. Annlicable Law: Venue: Attornev's Fees. This Contract 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 Contract, 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. DATED this I (9 day of hJGZ C 200D CITY OF TUKWILA FIPM r, Jim H on Kir`sr nbaum Goss, Inc., P.S. ATTEST /AUTHENTICATED: Printed Name: a,u,d- t (VW �I1 WSBA 1 1 -/�L Christy O'Flaherty, City Clerk J A D SS: (3�`/ G�X S /,D APPROVED AS TO FORM: Office Of-the City Atto ey BY: