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HomeMy WebLinkAboutJefferson Associated Counsel - 022326 PUBLIC DEFENSE AGREEMENT By and Between JEFFERSON ASSOCIATED COUNSEL And JEFFERSON COUNTY Purpose: The purpose of this Public Defense Agreement by and between Jefferson Associated Counsel and Jefferson County (the Contract) is to provide mandated legal defense services to eligible indigent persons charged with offenses or at risk of a loss of liberty or liberty interest in the courts of Jefferson County pursuant to the terms and conditions of the Contract. Parties: The Contract is entered into by Jefferson County, a political subdivision and municipal corporation of the State of Washington, having its principal offices at P.O. Box 1220, Port Townsend, WA 98368 (County) and Jefferson Associated Counsel, a non-profit corporation having its principal offices at 624 Polk Street, Port Townsend, WA 98368 (Contractor). SECTION 1. PERIOD OF PERFORMANCE 1.1 The Contract shall become effective on January 1,2026, and terminate on December 31,2028, and may be extended for up to an additional two years by mutual agreement of the parties. SECTION 2. SERVICES TO BE PROVIDED 2.1 A description of the services to be performed by the Contractor is set forth in Exhibit A: Description of Services, which is attached to the Contract and incorporated by this reference. 2.2 The Contractor agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material or labor shall be furnished by the County. 2.3 The Contractor shall perform the work specified in the Contract according to standard industry practices,the Rules of Professional Conduct, and in conformity with state law. 2.4 The Contractor shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. 2.5 The Contractor will prepare and present to the County Administrator/Risk Manager monthly status reports in a form acceptable to the County Administrator/Risk Manager on or before the first business day after the 15th day of each month and other information that may be pertinent and necessary, or as may be requested by the County Administrator/Risk Manager. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 1 of 18 SECTION 3. CONTRACT REPRESENTATIVES 3.1 The County and the Contractor will each have a Contract representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: COUNTY Jefferson County Josh Peters, County Administrator/Risk Manager 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 (360)385-9100 jdpeters@co.jefferson.wa.us PUBLIC DEFENDER Jefferson Associated Counsel Richard Davies, Director 624 Polk Street Port Townsend, WA 98368 (360)385-5613 daviesrl@ptdefense.com SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Exhibit B: Compensation,which is attached to the Contract and incorporated by this reference. 4.2 Except as specifically allowed herein, the total amount payable under the Contract by the County to the Contractor in no event shall exceed: • 1,240,023 Dollars in 2026, • 1,275,918 Dollars plus any annual rise in the Seattle CPI index* in 2027, and • 1,313,065 Dollars plus any annual rise in the Seattle CPI index* in 2028. *The base year for CPI calculations is 2025;the rise shall be calculated from December 2025 to the CPI in December of the preceding year. 4.4 The Contractor shall be paid only for work expressly authorized in the Contract. 4.5 The Contractor shall not be entitled to payment for any services that were performed prior to the effective date of the Contract or after its termination, unless a provision of the Contract expressly provides otherwise. 4.6 If the Contractor fails to perform any substantial obligation and the failure has not been cured within 20 business days following notice from the County, the County may, in its PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 2 of 18 sole discretion and upon written notice to the Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. 4.7 At the end of services under the Contract, any investigation revenues remaining with the Contractor shall be returned to the County within 30 days. SECTION 5. AMENDMENTS AND CHANGES IN WORK In order to be effective, any Contract extension, amendment or modification must be in writing and be signed by both parties. SECTION 6. INDEMNIFICATION The Contractor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or appointed officials or volunteers(and their marital communities), from and against all claims, losses or liability, or any portion thereof, including reasonable attorney's fees and costs,arising from injury or death to persons,including injuries,sickness,disease or death to the Contractor's own employees,or damage to property occasioned by a negligent act,omission or failure of the Contractor. The Contractor shall be liable only to the extent of the Contractor's proportional negligence. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under the Contract and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law,Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. SECTION 7. INSURANCE 7.1. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Contract. a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Contractor's performance of the Contract. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b)Hired automobiles; and, (3)Non-owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 3 of 18 contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverages: i. Broad Form Property Damage,with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability — including coverage for products and completed operations; iv. Premises—Operations Liability(M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability; and, vii. Employer's Liability or Stop Gap Coverage. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of the Contract, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an "occurrence" form. If the professional liability policy is "claims made," then an extended reporting periods coverage(tail coverage)shall be purchased for three(3) years after the end of the Contract,at the Contractor's sole expense. The Contractor agrees the Contractor's insurance obligation to provide professional liability insurance shall survive the completion or termination of the Contract for a minimum period of three (3)years. d. The County shall be named as an "additional named insured" under all insurance policies required by the Contract,except Professional Liability Insurance when not allowed by the insurer. e. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, 1820 Jefferson Street, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15)days of execution of the Contract. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 4 of 18 g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under the Contract,nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. Insurance companies issuing the policy or policies shall have no recourse against the County(including its employees and other agents and agencies)for payment of any premiums or for assessments under any form of policy. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the Contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 1. Insurance companies issuing the Contractor's insurance policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. m. Any judgments for which the County may be liable, in excess of insured amounts required by the Contract, or any portion thereof, may be withheld from payment due,or to become due,to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. Any coverage for third party liability claims provided to the County by a "Risk Pool"created pursuant to Ch.48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with the Contract. o. The County may, upon the Contractor's failure to comply with all provisions of the Contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. p. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. PUBLIC DEFENSE AGREEMENT FOR 2026-202S Page 5 of 18 q. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County,its officers,officials,employees,or agents. r. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. s. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates from each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. t. The insurance limits mandated for any insurance coverage required by the Contract are not intended to be an indication of exposure nor are they limitations on indemnification. u. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by the Contract shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the Jefferson County Risk Manager by registered mail, return receipt requested. v. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington. w. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 7.2. Worker's Compensation (Industrial Insurance). a. If and only if the Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Contractor, the Contractor shall maintain workers' compensation insurance at its own expense,as required by Title 51 RCW, for the term of the Contract and shall provide evidence of coverage to the Jefferson County Risk Manager, upon request. b. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 6 of 18 c. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all costs and fees shall be recoverable from the Contractor. SECTION 8. TERMINATION 8.1. In the event that the date of termination of the Contract passes without the parties' execution of a similar contract or the County has not selected another firm, then the Contract shall remain in force for 60 days, during which time monthly payments shall be paid at 1/12th the last annual Contract amount. 8.2. If the Contract is terminated before the contract term expires,the Contractor shall continue to represent, faithfully and with due diligence, all cases assigned under the Contract and complete those cases which remain pending following the termination of the Contract for 60 days during which time monthly payments to the Contractor shall be based on the cost per caseload point multiplied by the number of caseload points in each month. 8.3. If the County confronts a significant reduction in revenues for the Contract, and the Board of County Commissioners determines and adopts a finding that a financial emergency exists within the General Fund, in meeting its constitutional obligation to provide for indigent defense, the County may reopen the Contract for renegotiation notwithstanding any other termination provision in the Contract. Failure to reach mutual agreement upon renegotiation shall be grounds for the County to terminate the Contract. 8.4. The Contract may be terminated, upon thirty (30) days written notice for any material breach of any of the terms of the Contract by either party.After receipt of notice,and before termination, the party in default may cure the defect, in which case the Contract shall continue in force for the full term. The County shall pay a pro-rated share of the agreed funding upon termination based upon the balance of time remaining in the term unless otherwise negotiated. Upon such termination, the County, at its discretion, may obtain performance of the work elsewhere, and the Contractor shall bear all costs and expenses for all damages sustained by the County by reason of the Contractor's breach. SECTION 9. ASSIGNMENT,DELEGATION AND SUBCONTRACTING 9.1 The Contractor shall perform under the Contract using only its bona fide employees or agents, and the obligations and duties of the Contractor under the Contract shall not be assigned, delegated or subcontracted to any other person or firm without the prior express written consent of the County. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 7 of 18 9.2 The Contractor warrants that it has not paid,nor has it agreed to pay,any company,person, partnership or firm, other than a bona fide employee working exclusively for Contractor, any fee,commission,percentage,brokerage fee,gift or other consideration contingent upon or resulting from the award or making of the Contract. SECTION 10. INDEPENDENT CONTRACTOR 10.1 The Contractor's services shall be furnished by the Contractor as an independent contractor and not as an agent, an employee or a servant of the County. The Contractor specifically has the right to direct and control Contractor's own activities in providing the agreed services in accordance with the specifications set out in the Contract. The Contractor shall perform the contracted work. Any designee shall have prior County approval to substitute for the contracted representative. 10.2 The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and the Contractor is not entitled to any County benefits, including, but not limited to: vacation pay; holiday pay; sick leave pay; medical,dental or other insurance benefits;fringe benefits;or any other rights or privileges afforded to Jefferson County employees. 10.3 The Contractor shall have and maintain complete responsibility and control over all of its subcontractors,employees,agents and representatives. No subcontractor,employee,agent or representative of the Contractor shall be or be deemed to be, or act or purport to act, as an employee, agent or representative of the County. SECTION 11. NONDISCRIMINATION The Contractor,its assignees,delegates or subcontractors shall not discriminate against any person in performance of any of its obligations under the Contract on the basis of race, color, creed, religion, national origin, age, sex,marital status, veteran status or the presence of any disability. SECTION 12. DISPUTES Differences, disputes and disagreements between the Contractor and the County arising under or out of the Contract shall be brought to the attention of the County at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Contractor shall be decided by the County Administrator. All rulings, orders, instructions and decisions of the County Administrator shall be final and conclusive. Solely for the purposes of the Contract, the County and the Contractor agree that any judicial appeal of the County Administrator's decision shall be governed by using Part V of chapter 34.05 RCW (Administrative Procedures Act), RCW 34.05.510 et seq., as if it applied. For the avoidance of doubt, the State of Washington need not be named as a respondent or served pleadings in such a judicial action. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 8 of 18 SECTION 13. CHOICE OF LAW,JURISDICTION,AND VENUE 13.1 The Contract shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party that the Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. 13.2 Any action of law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in Superior Court for Jefferson County. SECTION 14. MISCELLANEOUS 14.1. No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance,or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 14.2. Tax Payments. The Contractor shall pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts including, but not limited to, the employer's portion of any taxes that arise from compensation owed or paid to employees, agents or representatives of the Contractor or are otherwise mandated by Title 26 U.S.C. 14.3. Legal Compliance. The Contractor and its subcontractors, employees, agents and representatives shall comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract. 14.4. Records Inspection and Retention. The County may, at reasonable times, inspect the books and records of the Contractor relating to the performance of the Contract. The Contractor shall retain for audit purposes all Contract-related financial and caseload point records for at least six years after termination of the Contract or pursuant to state record retention standards, whichever is longer. 14.5. Successors and Assigns. The County,to the extent permitted by law, and the Contractor each bind themselves, their partners, successors, executors, administrators and assigns to the other party to the Contract and to the partners, successors, administrators and assigns of such other party in respect to all covenants to the Contract. 14.6. Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision shall be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 14.7. Entire Agreement. The parties acknowledge that the Contract as amended, including referenced exhibits, is the complete expression of their agreement regarding the subject PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 9 of 18 matter of the Contract. Any oral or written representations or understandings not incorporated in the Contract are specifically excluded. 14.8, Notices. Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representatives provision of the Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to he given three days following the date of mailing,or immediately if personally served. For service by facsimile,service shall be effective at the beginning of the next working day. 14.9. Public Records Act. Notwithstanding the provisions of the Contract to the contrary, to the extent any record, including any electronic,audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act.Chapter 42.56 RCW.as may hereafter be amended,the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of the Contract. The Contract, once executed, will be a"public record" subject to production to a third party if same is requested pursuant to the Washington Public Records Act,Chapter 42.56 RCW,as may hereafter be amended. IN WITNESS WHEREOF: DATED this (934 day of 19►'l' 20 242 • JEFFERSON COUNTY CO RACTOR BOARD OF • ISSIONFRS JEF ERSON S 1ATED COUNSEL. Wini CC-- ,,,,,,,,,,,,,,,,,,,,,1,416 24** g0 �.`'�j. ••�1ry .�hc on. Chair Date Ric and Dade.. Director Date �. ,\`BSI• • • ,ITT APPROVED AS TO FORM ONLY: OF\N 23 O' ebruary 12.2026 ,,,bunnot_ Caroly allaway,CM Date Philip Hunsucker Date Clerk he Board Chief Civil Deputy Prosecuting Attorney Ft RI.IC DEFENSE II;REENE\T FOR 21121.-21128 Page I0 of 18 EXHIBIT A SCOPE OF SERVICES A. General Description. Contractor shall provide legal representation in compliance with Standards for Indigent Defense, RCW Chapter 10.101, and the Rules of Professional Conduct to all indigent defendants charged under ordinances of the County and City of Port Townsend, and the laws of Washington State who qualify for appointed counsel as appointed by the Court. The Contractor shall provide legal representation in Superior Court, Juvenile Court and District Court for certain indigent defenders including: • Adult Superior Court/Felony, including Drug Court; • Juvenile and Family Court Offender and Civil matters, including but not limited to Juvenile offenders, Juvenile civil matters including youth at risk,juvenile truancy, juvenile dependency, guardianship, and family support contempt. • Adult District Court/Misdemeanant, including but not limited to persons faced with jailable misdemeanor and traffic offenses commitments or incarcerations, and RALJ appeals therefrom. • Behavioral Health Court, and other therapeutic courts that may be established by the County. The Contractor shall provide legal representation for eligible defendants, from court appointment or screening through trial, sentencing, post-conviction review and violations, and any appeals to Superior Court. Such cases include domestic violence cases. The Contractor, or subcontractor of the Contractor, shall provide criminal defense services at in-custody bail hearings, and shall be available to talk and meet with indigent defendants in the Jefferson County Jail. Said representation may be in person, or may include telephonic or video proceedings. This scope does not include: • Civil matters for which a person is not legally entitled to counsel as a matter of law; • State Office of Public Defense-funded adult representation in dependency cases; • Cases beyond the maximum caseload limits permitted under Standards for Indigent Defense for 4.5 attorney FTEs(including .40 FTE for supervision). • Washington Appellate cases, except that as part of an existing case,the Contractor shall assist clients in filing Notice of Appeal and initiate the process by which an appropriate agency can arrange for appellate counsel. B. Caseload and Points Per Case. The Contractor shall provide indigent defense for cases based on a total annual maximum caseload for 4.5 attorney FTEs. The maximum caseload per fulltime attorney shall be as follows: PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 11 of 18 2026: 282 Misdemeanors; 140 Felonies 2027: 264 Misdemeanors; 130 Felonies 2028: 246 Misdemeanors; 120 Felonies Caseload points shall be calculated pursuant to the WSBA Standards for Indigent Defense adopted in 2024. • For purposes of tracking caseload and cases above or below the caseload, the weighted scale shown in Appendix B to the WSBA Standards for Indigent Defense shall be used to assign a point value to each case • A "case" is defined as the filing of a document with the court naming a person as defendant or respondent, to which a public defense attorney is appointed in order to provide representation. • Case count is defined by incident date. A single individual charged with several charges arising from one event shall be counted as one case for caseload tracking purposes although the charges are written on two or more citations, unless the charges are severed for trial. Any series of events that are charged under a single cause number shall be considered as one case for caseload tracking purposes although the events may have occurred on different dates, unless the charges are severed for trial. • A case is counted when the Court screens the defendant for eligibility and appoints the Contractor, or the Judge directly appoints the Contractor from the bench. • When two attorneys are assigned to a case, it shall be counted as part of each attorney's caseload. • Representation at therapeutic courts, arraignment calendars, and court dockets without expectation of further or continuing representation shall be assessed and calculated as a percentage of the assumed 1,650 caseload hours per FTE, per the WSBA Standard for Indigent Defense. • When an attorney's representation ends prior to the entry of a final order or judgment,the Contractor's administrator shall determine the case credit value to be awarded based on the amount of time each attorney contributes. For example, counsel has been appointed, but defendant hires their own attorney or counsel withdraws due to conflict of interest. See CrR 3.1.6(B)(i), CrRLJ 3.1.6(B)(i), or JuCR 9.2.6(B)(i). • Reappointment of a previously appointed attorney to a case in which a bench warrant was issued does not count as a new case if the warrant was issued within the twelve months prior to the reappointment.New cases credits can be awarded as approved by the Contractor's administrator on a case-by-case basis. C. Screening. Determination of indigency for eligibility for appointed counsel for the Contract shall be determined by the court. Should the Contractor determine a defendant PUBLIC DEFENSE AGREEMENT FOR 2026-202S Page 12 of 18 is not eligible for assigned counsel, the Contractor shall so inform the court and move to withdraw from the case. D. Associated Counsel. Any counsel associated with or employed by the Contractor shall have the authority to perform the services called for in the Contract, and the Contractor may employ associated counsel to assist at the Contractor's expense. The Contractor and all associated counsel hired pursuant to this section shall be admitted to practice law pursuant to the rules of the Supreme Court of the State of Washington.Sufficient counsel shall be provided to represent defendants during vacation, illnesses, and simultaneous settings in more than one courtroom. E. The Contractor shall maintain a secure and private office accessible to clients where mail is received and process is served and confidentiality preserved in Port Townsend or the Tri-Area that shall be open during regular business hours, said hours to be determined by Contractor. The office shall be staffed by an attorney and a secretary or paralegal, who is available for both office support and to assist the public in referrals to other agencies, and for general consultation and advice. The Contractor must maintain a phone with answering service or equipment so they are accessible to clients. F. In addition, the office shall provide an attorney to represent defendants in conformity with CrRLJ 3.1, CrR 3.1 or JuCR 9.2. To assist in the smooth operation of the courts, the Contractor's office shall provide counsel to represent defendants, even in the absence or unavailability of a particular defendant's assigned counsel for scheduled court appearances. G. The Contractor shall have adequate staff available to respond to emergency and non- emergency calls 24 hours a day, 365 days a year. Such response is intended to satisfy requests from arrested individuals asserting their right to speak with counsel. H. Twenty-Four Hour Telephone Access. The Contractor shall provide and timely update as necessary the Jefferson County Jail and JeffCom 911 Dispatch Center with the telephone number or numbers at which the Contractor can be reached for critical-stage advice to defendants during the course of police investigations or arrests twenty-four (24)hours a day, 365 days a year. I. The Contractor shall be available to appear in Court with the defendant. J. The Contractor shall not be assigned or accept a particular appointment if it would create a true bona fide conflict of interest or would otherwise constitute an actual violation of any generally recognized ethical or professional stands common and applicable to attorneys in the state of Washington. The Contractor shall have the right,for good cause, to decline to advise or represent, and, with consent and agreement of the Court and pursuant to Court rule, to withdraw from representing any person in any case referred or assigned to the Contractor. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 13 of 18 K. Expert Witness Fees. The County shall reimburse the Contractor for reasonable expert witness fees if the court orders an expert witness upon motion of the Contractor. The Contractor shall not incur expenses and fees for expert witnesses without prior Court approval pursuant to applicable statutes and Court rules. L. Discovery Provided. The County shall provide to the Contractor at no cost to the Contractor or the defendant one(1) copy of all discoverable materials concerning each assigned case with the exception of audio and video tapes which shall be made available for inspection in accordance with rules for discovery. The copy may be electronic or printed, at the sole discretion of the Prosecutor. M. Standards for Public Defense Services. The Contractor shall comply with Chapter 2.20 of the Jefferson County Code or a subsequently adopted ordinance that complies with chapter 10.101 RCW, the Standards for Indigent Defense adopted by the Washington Supreme Court in CrR3.1, CrRLJ 3.1, and JuCR 9_2, including any additional orders of the Washington Supreme Court applicable to indigent defense, including Washington State Supreme Court Order No. 25700-A-1644 (June 9, 2025). The Contractor shall submit to the County Clerk, to the District Court Administrator to the County Administrator a declaration under oath in substantially the same form as in RCW 5.50.050, stating that the Contractor is in compliance with the above indigent defense standards. N. The Contractor and all associated counsel shall annually attend training approved by the Office of Public Defense, and continuing legal education in areas relating to their public defense practice. O. All associated counsel of the Contractor shall at all times during the term of the Contract satisfy all the requirements for obtaining and maintaining a license to practice law in the State of Washington. The Contractor shall cause all associated counsel to satisfy this requirement. P. Staffing Levels. Throughout the term of the contract, the Contractor must provide a sufficient number of attorneys to adequately staff appearances at Jefferson County Superior, Juvenile and District Courts up to the maximum caseloads allowable for the contracted-for attorney FTEs. Q. The County has been awarded a State Office of Public Defense (OPD)Public Defender Improvement Grant in past years, and anticipates similar grants each year for the duration of the Contract. Under the Contract, Contractor is a subrecipient and staffing levels in the Contract include up to (8) attorney hours per week and up to forty (40) investigator hours per week,which constitute public defender improvements and which shall comply with Washington State Office of Public Defense County/City Use of State Public Defense Funding (as amended June 2008) attached as Exhibit C, or as subsequently amended thereafter by the OPD. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 14 of 18 R. The Contractor shall separately manage and account for all revenues and expenditures for investigation pursuant to Exhibit B. S. Reporting. The Contractor shall maintain a database and/or case management system which delineates each client the Contractor has been appointed to represent, including but not limited to the cause number(s), type of case pursuant to the Contract, date of assignment, charge(s), each case's caseload points pursuant to the Contract, court, assigned defense attorney, disposition, bench or jury trial, and whether an appeal was filed. The Contractor shall file with the County a monthly report which includes the cases appointed in the previous month, and their caseload points pursuant to the Contract,as well as a summary of caseload points for month-to-date and year-to-date in a format approved by the County. The monthly reports are due on or before the first business day after the fifteenth(15th)day of the month. The Contractor shall also file quarterly reports in a format approved by the County, including a detailed year-to-date financial report of all revenues and expenditures in a format consistent with the financial pro forma submitted as part of the Contractor's proposal or as approved by the County; including,but not limited to all personnel costs, overhead costs,rents and leases,and other costs directly associated with the Contractor's office,including a separate accounting of all revenues and expenditures for investigative services and the amount to be carried over to the next year or returned to the County at the conclusion of the contracted services. The quarterly report shall also list the attorneys and investigators and the % FTE of each dedicated to performing services under the Contract in the preceding quarter. The fourth quarter report shall also list for each public defense attorney the annual number and types of other cases outside this scope and the number of hours billed or caseload points equivalents. The quarterly reports are due on or before the first business day after the fifteenth (15th) day after the end of each quarter. T. Expressly excluded from the scope of services of the Contract between the Contractor and Jefferson County is any legal work the Contractor may undertake in the civil arena for persons it is representing on criminal matters. Such civil matters may include, but are not limited to, legal representation relating to landlord-tenant, liens not arising from the criminal matter, garnishment, worker's compensation, bankruptcy and all other aspects of civil law. This exclusion applies even in those circumstances where the criminal matter is allegedly related to or connected with the civil law assistance the public defense client may seek or require. U. Should the expected additional workload exceed the maximum caseload for the contracted 4.5 attorney FTEs,the Contractor may decline the appointment or negotiate additional compensation for the additional attorney time needed. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 15 of 18 EXHIBT B COMPENSATION A. 1. The Contractor agrees to perform the indigent defense services listed in Table 3 and herein, and shall comply with all Contract terms and conditions for an annual payment in 2026, 2027, and 2028 as follows: TABLE 3 Year: 2026 2027 2028 July 1- January 1- January 1- December 31 December 31 December 31 Legal Services $1,130,401 $1,162,846 $1,196,424 Cost: Attorney FTEs 4.50 FTEs 4.50 FTEs 5.00 FTEs assigned annualized annualized annualized Investigative $ 109,622 $ 113,072 $ 116,640 Services Cost: Investigator 1.00 FTEs 1.00 FTEs 1.00 FTEs FTEs assigned: annualized annualized annualized CONTRACT $1,240,023* $1,275,918* $1,313,065* TOTAL: * All dollar amounts set forth in Table 3 are expressed in 2025 dollars.Actual contract amount for each successive year shall include the rise in the Seattle CPI index since December 2025. Investigative services cost above is in addition to legal services cost,and shall compensate Contractor for investigative services for each year sufficient for the targeted annual caseloads. 2. The Contractor shall separately manage and account for all revenues and expenditures for Investigation Services; and shall be responsible for all expenses and fees for investigators utilized in defense of cases assigned. County payments for investigations may only be used for investigation costs. Any payments for investigative services from the County not utilized in one year shall be carried over and be added to investigation funds available for use in the next. At the end of services under the Contract, any funds paid by the County for investigative services remaining shall be returned to the County within 30 days. 3. Compensation shall be monthly calculated at 1/12th of a flat annual fee.No additional fees, costs, charges, telephone fees, paralegal fees, delivery fees, or any other reimbursable expenses shall be allowed. PUBLIC DEFENSE AGREEMENT FOR 20262028 Page 16 of 18 4. The Contractor shall be responsible for complying with all applicable standards at their sole cost, unless mutually agreed to by the Contractor and the County. Adjustments for Contracted Caseload.The Contractor shall give the County Administrator 30- days' notice of the potential for exceeding 100%of the maximum annual contracted caseload for 4.5 FTE attorneys. The total annual contracted caseload point value includes all cases assigned as specified in the Contract and subsequent contracts, as calculated pursuant to the WSBA Standards for Indigent Defense adopted in 2024. Should the Contractor be appointed to cases that would exceed 100%of the maximum annual FTE,the Contractor may decline the appointment and/or negotiate additional compensation for the additional attorney time needed. For those additional cases, the County Administrator may also either: (1) assign alternate counsel; or, (2)execute a service agreement with an additional qualified attorney or firm. Should the City of Port Townsend withdraw from having Jefferson County provide for indigent defense for municipal cases in District Court resulting in a significant drop in caseload, the attorney FTE and compensation under the Contract may be revised proportionately for the remainder of that year and in following years. B. Invoicing. Invoices shall be monthly and may be submitted the month immediately preceding each month of work to be performed. Invoices shall be submitted to the County Administrator's Office located at 1820 Jefferson Street, PO Box 1220, Port Townsend, WA 98368. The monthly invoice shall be in the form specified by the County, and payment shall be reviewed for approval by the appropriate County representative. The County shall pay all valid invoices using its normal invoice payment process and schedule. PUBLIC DEFENSE AGREEMENT FOR 2026-2028 Page 17 of 18 EXHIBIT C WASHINGTON STATE OFFICE OF PI WIC DEFENSE COUNTY/CITY USE OF STATE It LIC DEFENSE FUNDING (as amended lune 2008) State funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be used to supplant local funds that were being spent on public defense services prior to the initial disbursement of state funds. State hinds must be spent to improve the quality of legal representation directly received by indigent defendants. The funds cannot he spent on purely administrative functions. Following are guidelines regarding permitted use of state public defense funds. I. State public defense funding under Chapter 10.101 R( may be used in the fUllming uass: a) Additional investigator services b) Additional expert services c) Creation of a public defense office d) New quality monitoring by an attorney coordinator who can act as a legal supervisor for the attorneys providing public defense(but non-attorney administrative employees of the county or city are not an approved use of funds) e) Computers or access to electronic legal resauch systems for public defenders f) Increase in public defense attorney compensation g) Provision of public defense services at first appearance calendars(or increase of first appearance services it'public defenders are already provided) h) Addition of more attorneys to lower public defense caseloads i) Addition of social worker services to assist public defense attorneys j) Direct training costs to train public defense attorneys k) Evaluations of defendants for sentencing options. such as drug evaluations. SSOSA, DOSA I) Provision of intemet connectivity(e.g.wireless) for public defense attorneys m) Provision of interpreter services for attorney-client interviews and communication (hut in-court interpreter appointments required under Chapter 2.43 RCW are not an approved use of funds) 2. State public defense funding under Chapter 111.1111 RCW may no/he used in the follor$ing s: a) Supplanting county or city funds used for public defense services_prior to the initial disbursement of state tUnds to the county or city b) Billing or other administrative costs incurred by the county or city in administering the public defense program c) Indigency screening d) County, city or court technology systems or administrative equipment e) County or city_attorney time, including advice on public defense contracting, except as provided in Section I(d)above. PUBLIC DEFENSE AGREEMENT FOR 2026-20Z8 Page 1 8 of 1 8 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D. Peters, County Administrator DATE: February 23,2025 SUBJECT: CONTRACT APPROVAL: Public Defense Services 2026-2028 STATEMENT OF ISSUE: The Washington State Constitution affords the right to criminal defense, irrespective of the ability to pay for legal representation. In Jefferson County,public defense services have been provided by a non-profit organization called Jefferson Associated Counsel(JAC). The current agreement expired at the end of 2025, with an automatic two-month extension. The Board meeting on February 23, 2026, is the last Board meeting available in February for approval of a new contract for public defense services. The proposed contract is for three years: 2026-2028. There is a provision for a potential two-year extension for 2029-2030, which would likely be contemplated in 2028. ANALYSIS: For background on public defense in Washington State, see the following Municipal Research and Services Center of Washington(MRSC)webpage article: MRSC - 8/28/2025 -Public Defense Standards Are Changing: Part 2 https://mrsc.org/stay-informed/mrsc-insight/august-2025/public-defense-standards-part-2 The proposed contract is consistent with 2025 Washington State Supreme Court orders regarding caseload standards for public defenders. FISCAL IMPACT: Jefferson County's costs for public defense have growth substantially over the last decade and are expected to grow at an even higher rate over the next decade, pursuant to the 10-year implementation timeframe for new court-ordered caseload standards. According to information provided by JAC,Jefferson County paid JAC $602,271 in 2016 for public defense services. The proposed contract is valued at$1,240,023 in 2026, which will require a budget appropriation in 2026 of approximately $180,000. The value of this contract in the third year(2028)will be $1,313,065, plus any annual rise in the Seattle CPI Index in the preceding year. Note that there are public defense costs for conflict attorneys, additional case-related expenses, and program administration that go beyond financial commitments within the JAC contract. Following is a table of Jefferson County public defense costs from 2016 through 2024, as reported to the Washington State Office of Public Defense (OPD): 1 General Indigent Defense $662,038.00 $562,231.32 S 712,928.67 $691,818.19 $ 742,582.00 $ 797,280.76 $799,275.00 $948,186.60 $1,011,931.70 Adult Felony $ - $ - S - $ - $ - Adult Misdemeanor $ - S - S - $ 2,405.25 $ 4,506,00 $ 9,437.88 $ 9,437.88 Juvenile Offender $ - S - S - $ $ Juvenile Dependency/Termination $ - $ - $ - $ - $ - BECCA Cases $ - $ - S - $ - $ Civil Commitments $ - S - S - $ - $ - 71.09 Civil Commitments $ - $ - S - $ - $ - Extraordinary Criminal Case Expenses $ - S - S - $ - S - Total $662,038.00 $562,231.32 $742,928.61 $694,223.44 $ 147,1::.00 $ 806,718.64 $808,712.88 $948,186.60 $1,011,931.70, Currently in Washington State, approximately 95%of public defense costs are borne by counties. Depending on how public defense costs are redistributed in our state over the next few years, if at all, Jefferson County may need to reassess how public defense services are provided in our county. It may be more cost-effective to have a public defense agency housed within the county structure (i.e., have public defenders as county employees). For now, continued engagement with JAC is the best option that county has for providing the constitutional right to public defense. RECOMMENDATION: Approved the proposed three-year contract with JAC for public defense services. REVIEWED BY: 0► Ili �1 2/11/2026 Jo D. Peters, County Administrator Date 2 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: JEFFERSON COUNTY ASSOCIATED COUNSEL Contract No: JAC2026 Contract For: PUBLIC DEFENSE SERVICES 2026-2028 Term: UNTIL 12/31/28 COUNTY DEPARTMENT: COUNTY ADMINISTRATOR Contact Person: JOSH D.PETERS Contact Phone: X 130 Contact email: JDPETERS@CO JEFFERSON WA.US AMOUNT: $3,829,006 FOR 3 YEARS PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $3,829,006 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds _ Vendor List Bid Fund # 001/270 RFP or RFQ Munis Org/Obj ND51221/410059 _Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO LIA 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ■a N/A:❑ 3 '1D. tur Si n Date STEP 2: DEPARTMENT CERTIFIES THE PERSO PR I ' 1 ED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEE DEBAR' ' :Y ANY FEDERAL, STATE, OR LOCAL AGENCY. /' CERTIFIED: a N/A: -/(' .2LP Signs Date STEP 3: RISK MANAGEMENT REVIEW(will he added electronically through Laserfiche): Electronically approved by Risk Management on 2/11/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/12/2026. PAO reviewed as to form only and was not involve in any compensation review or negotiations with JAC. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1