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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
FROM:
DATE:
Board of Commissioners
RE:
Philip Morley, County Administrat
February 14,2011
Evaluation of Proposals for Public Defense Services, and Request for Board
Commnation of Recommended Selection of Jefferson Associated Counsel
STATEMENT OF ISSUE:
The County issued a Request for Proposals for indigent defense on December 29, 2010. Four
proposals were submitted by law firms on January 28, 2011. A review panel from District,
Juvenile and Superior Courts and the County Administrator's Office evaluated the proposals
based on the written proposals and interviews with all four firms on February 3, 2011. Jefferson
Associated Counsel's proposal scores significantly higher than any other proposal.
Staft'seeks a motion by the Board of County Commissioners confirming the selection of
Jefferson Associated Counsel and subsequent contract negotiations with the firm. Service under a
new contract would begin March 1,2011.
ANALYSIS:
Providing indigent defense is a constitutional right that is a county responsibility. The County
issued a Request for Proposals on December 29,2010 to provide indigent defense in District,
Juvenile and Superior Courts from March 1,2011 through the end of2013. We held a Pre-Bid
Conference on January 11, and shortly thereafter issued RFP-Revision #1 containing a number of
clarifications and corrections (see Attachment 1). The RFP identified the criteria the county
would use to evaluate and select a winning firm or firms:
Unto:
Factor
a. Responsiveness and qoality of the proposal in meeting the
purpose and seope of service
b. QoaIifications oflegal & investigation staff
30 pts
IS pts
c. Ability and history of!'Uccessfully completing work of this
type, providing qoality representation. meeting projected
deadlines and experience in similar work
d. Abiiity to immediately assume responsibility for indigent
defense in Jefferson County on March 1,2010
e. Price
20 pts
10 pts
2Sots
Maximum points
100 pts
The RFP also stated the County would evaluate whether to contract all indigent defense cases to
one firm (Schedule 1), or split them between two firms. In the case of two firms, one firm would
be primary in District Court (Schedule 2A), while the other would be primary in Superior and
Juvenile Courts (Schedule 2B), and both firms would handle first level conflicts for one another.
Accordingly, proposals were required to submit all three price schedules: I, 2A and 2B.
Four proposals were submitted by law firms on January 28, 2011: Harrison Law; Montoya,
Thompson & Lewis; Haas & Ramirez; and Jefferson Associated Counsel. Tracie Wilburn
(District Court Administrator), Paula Martin (Juvenile Guardian Ad Litem), Michelle Moore
(Superior Court Administrator), Lorna Delaney (Human Resource Manager) and Philip Morley
(County Administrator) evaluated the proposals based on the written submittals and interviews
with all four firms on February 3, 2011.
The proposal of Jefferson Associated Counsel (see Attachment 2), the County's present public
defender, scored highest. Out ofa possible 100 points, they scored 88 points, while the next
highest firm was 16 points lower, at 72 points. Jefferson Associated Counsel scored highest in
responsiveness and quality of the proposal in meeting the purpose and scope of services in the
RFP, highest in the qualifications of legal and investigative staff, highest in ability to
immediately assume responsibility for indigent defense on March 1. Jefferson Associated was
also in a virtual tie for first in each of the retJ1,.;n;ng two evaluation criteria.
Staff evaluated the merits of splitting the contract between two firms, and have rejected this
option in favor of awarding the entire contract to the most qualified single firm. We balanced the
submitted price schedules with estimated savings in court-appointed conflict attorneys if two
firms handled first-level conflicts for one another. On this basis, it appears the county could
potentially experience a net savings of roughly $20,000 per year on an overall yearly expenditure
of over $112 Million for indigent defense and conflict attorneys. After weighing the difference in
the quality ratings of the firms and the importance of the constitutional right on the one hand,
against the relatively small savings and uncertainty of actually realizing this savings on the other
hand, staff recommends awarding the entire contract to the one most qualified firm - Jefferson
Associated Counsel.
Once our new indigent defense contract is in place, staff proposes to follow up by working with
the courts to explore separate options for reducing conflict attorney costs.
FISCAL IMPACT:
As proposed by Jefferson Associated Counsel, the cost of indigent defense would be:
JEFFERSON ASSOCIATED COUNSEL
Indigent Defense: Annnal cost: Annnal cost: Annnal cost:
$ 381,812 $ 472,995 $ 493,624
Investigation Cost: Annnal cost: Annnal cost: Annnal eost:
$ 26,641 $ 32,856 $ 33,164
TOTAL $ 408,453 $ 505,851 $ 526,788
Combined with expenditures for January and February, this represents an increase over the
existing budgeted amount, and will require a subsequent budget amendment if sufficient funds
are not available elsewhere in the nondepartmental budget.
RECOMMENDATION:
Staff recommends that the Board make a motion confirming the selection of Jefferson Associated
Counsel, and direct staff to attempt to negotiate a contract for subsequent approval by the BoCC.
If an acceptable COlitract cannot be negotiated, staff would begin negotiations with the next most
qualified firm or firms.
REVIEWED BY:
tor
~.0
Date
A+t~h rYU..1"'+ '00. 1..
JEFFERSON COUNTY
REQUEST FOR PROPOSAL - REVISION #1
FOR PUBLIC DEFENSE SERVICES
I. PURPOSE OF REQUEST.
Jefferson County ("the County") is requesting proposals for the purpose of contracting
with one or two firms or associations of firms for primary public defender services for
indigent criminal defendants. The public defense firm(s) or association(s) will appear in
District Court, Superior Court and Juvenile Court of Jefferson County on behalf of
defendants who have established their indigency.
The Scope of Services and instructions for proposing are outlined in the following
Request for Proposal ("RFP"). Jefferson County is nsing a competitive RFP to select one
or two firms or associations, although RCW 36.32.245(6) exempts the county from any
requirement to competitively bid this service.
II. PROPOSAL TIME SCHEDULE.
Proposals will be accepted from December 29,2010 through January 28,2011. The
County will follow the following timetable, which should result in preliminary selection
ofa firm or firms on February 7, 2011.
Action
Issue RFP
Pre-Bid Conference
Deadline for Submittin Pro osals
No' Proposers to be Interviewed
Interviews
Notify Proposer(s) ofPrelim;nllry
Selection
County Commissioners Confirm
Selection s
Deadline for Proposer(s) to Sign
Contract s
Contract s Executed b County
Contract Start Date
When
W December 29, 2010
T Jan 11,2011, 9AM
F January 28, 2011
M January 31, 2011
R February 3, 2011
M February 7,2011
M February 14, 2011
F February 18, 2011
T Fe 22,2011
T March 1,2011
A Pre-Bid Conference will be held at 9:00 A.M on Tuesday January 11, 2011 in the
Chambers of the Board of County Commissioners. Attendance is reco=ended, but not
mandatory.
m. INSTRUCTIONS TO PROPOSERS.
A. All proposals should be sent to:
Jefferson County Administrator
1820 Jefferson Street
Port Townsend, W A. 98368
B. All proposals must be in a sealed envelope and clearly marked in the lower left-hand
comer: "RFP - Public Defender".
C. All proposals must be received by 4:30 pm Friday, January 28, 2011, at which time they
will be opened and read. Three (3) copies of the RFP must be presented containing
original signatures. No faxed, e-mailed or telephone proposals will be accepted.
D. Proposals should be prepared simply and economically, providing a straightforward,
concise description of provider capabilities to satisfy the requirements of the request.
Special bindings, colored displays, promotional materials, etc. are not desired. Emphasis
should be on completeness and clarity of content. Use of both sides of paper sheets for
any submittals to the County is desirable whenever practicable.
E. The County Administrator or his representative will notify the short list offirm(s) of
association(s) selected for interviews by C.O.B. Monday, January 31, 2011. Interviews
for those entities on the short list will be held on February 3, 2011, or on another day in
that same week mutually agreed upon.
F. The County Adminilltrator or his representative will notify the proposer(s) ofprelirninary
selection by C.O.B. February 7, 2011. Confirmation of the selection by the Board of
County Commissioners will occur on February 14, 2011.
G. All proposals must include the following information:
1. Provide a brief firm history and background including the number of attorneys
employed and an organizational chart and description.
2. The names of individuals from those firms who will be providing public defense and
their areas of responsibility.
3. Specific qualifications and experience of individuals and the team relative to the
proposal. Please include:
. A current resume for each attorney or investigator who will be assigned to this
contract. Attorney resumes should include relevant academic training and
degrees, and a description of prior relevant experience.
. Designation of the primary contact and description of the current responsibilities
of the individual designated as lead attorney.
. Identify support staff such as paralegals and office assistants and a statement of
their qualifications and experience.
Jefferson County RFP For Public Defense Services - REVISION
2 oUS
. Provide an estimate of the number of billable hours spent providing defense for
similar types of cases, including indigent defense services, during each of the
preceding three years.
. Outline experience and types of cases in each of the three courts: Superior,
Juvenile and District.
4. Provide a statement for how the County caseload work responsibilities outlined in this
RFP will be accommodated and what kind of priority it will be given in relationship
to other contracts and obligations.
. Be certain to address items outlined in the Scope of Services.
. Include a proposed outline of tasks, products and project schedule, including
attorney FTEs required to complete each task or product consistent with adopted
standards for public defense.
. Provide an assessment of availability for attorney( s) and other professional staff
assigned to this contract.
5. Indicate the location of the primary office and the location in Port Townsend or Tri-
Area from which attorneys assigned to this contract are assigned.
6. Provide references from up to three county or municipal courts and the name and
telephone number of a contact person at such court for which your firm has provided
similar services within the past three years.
7. Case Loads and Bids: The County anticipates annuall2-month indigent case
assigmnent volumes similar to those in 2010, outlined in the table below. These cases
have been normalized to show their equivalence to pre-judgment cases in District
Court, Ilti1i7.ing Washington State Bar caseload staudards.
{NOTE: During the January 11, 2011 Pre-Bid Conference, clarification was
requested on how the County applies Standard One of the Washington State Bar
Association's Standards for Indigent Defense Services regarding comparable
compensation. Respondents to this RFP should be aware that compensation may
vary commensurate with training and experience, and that for purposes of
comparability, compensation in the Prosecutor's Office reflects different caseloads
and work loads, as well as duties (coroner, training of law enforcement personnel
and other county stqff, etc) that may be above and beyond those of attorneys and staff
of a public defense flrm.]
, Jefferson County RFP For Public Defense Services - REVISION
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/
Estimated Case Number and Caseload Points Assigned in 2010
Type Est. Points per Total
Nmnber of Case Caseload
Cases (scale of 400) Points
Assilmed
Misdemeaool'S 748 1.00 748
pre-judgment
.& RALJ anneals
Misdemeanor 204 0.25 51
post-judgment
Dist. Crt Subttl 952 799
Juvenile Offender 53 1.60 85
pre-judgment
Juvenile 37 0.40 15
post-judgment
Open Juvenile 24 5.00 120
Dependency
Juvenile Status 52 2.00 104
Offenses
Juv. Crt Subttl 166 324
Civil Commitment 5!! 1.60 !Ill!
& Drug Court
Felonies 184 2.67 491
ore-judgment
Felony 29 0.67 19
post-judgment&-
n ."
Supr. Crt Subtt1 Wl~ MS 528
TfL ~ j.34~ I .Jl..64.l1.650
The County anticipates assigning a similar number of cases in future years. The
County will evaluate whether to contract for these cases with one firm, or split them
between two firms. If awarded to two firms, each firm would also take cases that
would be first-level conflict for the other. With the addition of these conflict cases, it
is anticipated that together, the two firms would split an additional 77 cases (25 in
District Court, 29 in Juvenile Court, and 23 in Superior Court), bringing the 12-month
caseload point total to 1,782.
Jefferson County RFP For Pnblic Defense Services - REVISION
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Accordingly, all proposals must provide price bids for both Price Schedule 1 and
Price Schedule 2, below. In filling out Price Schedule 2, bids for both A and B
mnst be included. Note: 2011 includes only 10 months.
[NOTE: Firms or associations responding to this RFP must submit a proposal for all
three schedules - Schedule 1, Schedule 2A, and Schedule 2B. Respondents may be a
team of firms, attorneys or associations in order to cover the jitll range of services in
this RFP.]
Price Schedule 1
1 Firm for All Cases
Annual Caseload
Points
Annual Cost:
2011
Marcb l-December31
1,376 caseload
oints
Annual cost:
$
2012
January I-December 31
1,650 caseload
oints
Annual cost:
$
2013
January I-December 31
1,650 caseload points
Annual cost:
$
Number of Attorney
FTEs assi ed
Price Schedule 2 2011 2012 2013
2 Firms Split Cases, Marcb I-December 31 JaoQary I-December 31 January I-December 31
plus First Conflict
A: p. Firm in District Court, Conflict Attornev for Suoerior and Juvenile Courts
Annual Caseload 758 caseload points 910 caseload points 910 caseload points
Points
Annual Cost: Annual cost: Annual cost: Annual cost:
$ $ $
Number of Attorney
FTEs assigned
B: Primary Firm in Superior and Juvenile Court, Conflict Attornev for District Court
Caseload Points 727 caseload noints 872 caseload points 872 caseload points
Annual cost: Annual cost: Annual cost:
$ $ $
Number of Attorney
FTEs assigned
Cases exceeding the total annual contracted caseload point value will be compensated
based on their point value and the firm's average cost per point for the basic caseload
in that year.
In addition to and above the costs in the table above, identify the cost for
investigative services for each year sufficient for each of the caseloads (Schedule 1,
Schedule 2A, and Schedule 2B).
Jefferson County RFP For Public Defense Services - REVISION
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8. Pro-Forma Budgets. For Schedule 1 and Schedule 2, submit a pro forma budget for
the services to be provided, including but not limited to, all personnel and training
costs, overhead costs, rents and leases, supplies, and other costs directly associated
with the public defense firm's services. Separately identify the cost for investigative
services.
IV. SCOPE OF SERVICES.
A. General Description. The successful bidder( s) will provide legal representation in
compliance with Chapter 10.101 RCW 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. The public defense
firm will provide legal representation in Superior Court, Juvenile Court and District
Court for certain indigent defenders including:
. Adult Superior CourtlFelony, 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, Topside, and
Family Therapeutic Court;
. Adult District CourtJMisdemeanant, including but not limited to persons faced
withjailable misdemeanor and traffic offenses commitments or incarcerations,
and RAU appeals therefrom.
The public defense firm will 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 public defense firm, or subcontractor of the public defense firm, will provide
criminal defense services at in-custody bail hearings, and will 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 in which the State seeks a special sentencing procedure pursuant to RCW
9.94A.030(33); 9.94A.570, or RCW 10.95.040, or involves a gravely serious
offense, including, but not limited to, murder, sexually violent predator or an
unusually large number of defendants, as from a massive drug arrest, either of
which might necessitate a disproportionately large expenditure of attorney time
for costs, not contemplated within this RFP.
· Washington Appellate cases, except that as part of an existing case, the public
defense firm shall assist clients in filing Notice of Appeal and initiate the process
by which an appropriate agency can arrange for appellate counsel.
B. Term.
Jefferson Connty RFP For Public Defense Services - REVISION
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i. Public defense firm services will commence on March 1, 2011, terminating on
December 31, 2013; and may be renewed for up to two additional one-year terms
by mutual agreement by the parties. The contractor will notify the County of their
desire to renew the contract by July 1 of2013 and 2014.
ii. 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 at least 60 days, during which time monthly
payments shall be paid at 1/12th the last annual contract amount.
iiL The public defense firm will continue to actively represent, faithfully and with
due diligence, all cases assigned under this Agreement and complete those cases
which remain pending following the termination of this Agreement; provided that,
in the event there is no contract between the County and public defense firm, the
public defense firm will not be obligated to continue representing cases beyond
thirty (30) days after termination pursuant to subsections i. or ii., whichever is
later, and the County shall compensate the public defense firm at a reasonable fee
established by the Court for said outstanding cases.
C. Screening. Determination of indigency for eligibility for appointed counsel for this
contract will be determined by the court. Should the public defense firm determine a
defendant is not eligible for assigned counsel, the public defense firm will so inform the
court and move to withdraw from the case.
D. Associated Counsel. Any counsel associated with or employed by the public defense firm
shall have the authority to perform the services called for herein, and the public defense
firm may employ associated counsel to assist at the public defense firm's expense. The
public defense fmn and all associated counsel hired pursuant to this section shall be
admitted to practice 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 public defense firm 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 will be open during regular business hours, said hours to
be determined by public defense firm. The office shall be staffed by an attorney and a
secretary/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 public defense
:firm must maintain a phone with answering service or equipment so they are accessible to
clients.
Jefferson County RFP For Public Defense Services - REVISION
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F. In addition, the office will provide an attorney to represent defendants at all applicable
court appearances. To assist in the smooth operation of the courts, the public defense
firm's office will provide counsel to represent defendants, even in the absence or
unavailability of a particular defendant's assigned counsel for scheduled court
appearances.
G. The public defense firm 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 public defense firm 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 public defense firm can be reached for
critical-stage advice to defendants during the course of police investigations and/or
arrests twenty-four (24) hours each day. In the event public defense firm is not available
and other representation is provided for critical-stage advice, public defense firm shall be
liable for the cost.
I. The public defense firm will be available to appear in Court with the defendant.
J. The public defense firm shall not be assigned or accept a particular appointment ifit
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 public defense firm 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 public defense firm.
K. The public defense firm shall separately manage and account for all revenues and
expenditures for investigation; and shall be responsible for all expenses and fees for
investigators utilized in defense of cases assigned. County revenues for investigations
may only be used for that purpose. Any investigation revenues 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 County contract, any investigation
revenues remaining shall be returned to the County. The public defense firm may apply
to the court, under exceptional circumstances, for expert witness funds to be used for
investigative services, subject to the approval of the court.
L. Expert Witness, Investigator Fees. The County shall reimburse the public defense firm
for reasonable expert witness and investigator fees if the court orders an expert witness
upon motion of the public defense firm. The public defense firm shall not incur expenses
and fees for expert witnesses without prior Court approval pursUllIlt to applicable statntes
and Court rules.
Jefferson County RFP For Public Defense Services - REVISION
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M. Discovery Provided. The County shall provide to the public defense firm at no cost to the
public defense firm 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.
N. Standards tor Public Defense Services. The public defense firm shall comply with the
standards for public defense services as adopted by the County by ordinance pursuant to
chapter 10.101 RCW, or as maybe adopted and required by the Washington State
Supreme Court. The public defense firm shall submit an affidavit to the County Clerk,
stating that the public defense firm is in compliance with such standards.
O. The public defense firm and associated counsel will annually attend training approved by
the Office of Public Defense, continuing legal education in areas relating to their public
defense practice.
P. Staffing Levels. Throughout the term of the contract, the public defense firm must
provide a sufficient number of attorneys to adequately staff appearances at Jefferson
County Superior, Juvenile and District Courts.
Q. Assignment or Subcontractors. No assignment or transfer of the contract or of any
interest in the Contract shall be made by the public defense firm without the prior written
consent of the County.
R. Reporting. The public defense firm shall file monthly reports with the County as an
electronic spreadsheet in Excel delineating each client the Contractor has been appointed
to represent in the year to date, including but not limited to the cause number(s), type of
case pursuant to this RFP, date of assignment, charge(s), each case's caseload points
pursuant to this RFP, court, assigned defense attorney, disposition, bench or jury trial,
and whether an appeal was filed. The monthly reports are due on or before the tenth (10th)
day after each month.
The public defense firm shall also file third and fourth quarter reports including a detailed
year-to-date expenditure report in a format consistent with the financial pro forma
submitted as part of the public defense firm'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 public defense firm's office, 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, and a projected budget for the next year. The fourth quarter report shall also list
for each public defense attorney the number and types of cases outside this scope and the
number of hours billed or caseload points equivalents. The third and fourth quarter
reports are due on or before the tenth (10th) day after the end of each quarter (October
10th, January 10th).
Jefferson County RFP For Public Defense Services - REVISION
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S. Expressly excluded from the scope of services of the contract between the public defense
firm and Jefferson County is any legal work the public defense firm 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.
T. In the event of appointment involving cases in which the State seeks a special sentencing
procedure pursuant to RCW 9.94A.030(33); 9.94A.570, or RCW 10,95,040, or involves a
gravely serious offense, including, but not limited to, murder, sexually violent predator or
an unusually large number of defendants, as from a massive drug arrest, either of which
might necessitate a disproportionately large expenditure of attorney time for costs, not
contemplated within this RFP, the County reserves the right to re-negotiate compensation
for the case with the public defense firm and/or the Court may appoint special counsel at
court expense and lIdministration.
v. COMPENSATION.
A. The proposer agrees to perform the services listed herein and comply with all terms and
conditions listed herein and in the executed contract for an annual payment in 2011, 2012 and
2013 as submitted in their proposal.
Compensation shall be monthly calculated at 1/12th of a flat annual fee. No additioual fees,
costs, charges, telephone fees, paralegal fees, delivery fees, or any other reimbursable
expenses will be allowed.
A monthly billing statement shall be submitted in the form specified by the County and
payment shall be reviewed for approval by the appropriate County representative. Payment
shall be made on a monthly basis, thirty (30) days after receipt of such billing statement.
The public defense firm shall be responsible for complying with applicable standards at their
sole cost, unless mutually agreed to by the public defense firm and the County.
B. Adjustments for Contracted Caseload. The public defense firm shall give the County
Administrator 30 days notice of potential for exceeding the total annual contracted caseload
point value. The total annual contracted caseload point value includes all cases assigned as
specified in this RFP and subsequent contract, multiplied by their case-type point values, and
summed for the calendar year. In the event the public defense firm exceeds the total annual
contracted caseload point value, the public defense firm and the Courts will evaluate the
nature of cases and their "full case equivalents". It shall be the determination of the County
Administrator as to whether the total contracted caseload point value is exceeded. Cases
exceeding the total annual contracted caseload point value will be compensated based on
their point value and the firm's average cost per point in that year. For additional cases, the
Jefferson County RFP For Public Defense Services - REVISION
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County Administrator may also either: 1) assign alternate counsel (via the judges); or 2)
execute a service agreement with an additional qualified attorney or firm.
If the actua1 total annual caseload point value for anyone year is less than 87% of the total
annual contracted point value for that year, the contracted caseload and compensation for the
succeeding year shall be decreased proportionately.
Should the City of Port Townsend withdraw from having Jefferson County provide for
indigent defense for municipal cases in District Court, the District Court caseload points and
compensation shall be revised proportionately for the remainder of that year and in following
years.
C. 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, P.O. Box 1220, Port Townsend, WA 98368. Invoice
amounts shall be 1/12 the annual contract amount. The County shall pay all valid invoices
using its normal bill paying process.
VI. TERMS AND CONDmONS
A. The County shall award the contract or contracts to the proposer(s) whose proposal(s) is most
advantageous to the County when all factors listed above are considered.
B. The County reserves the right to reject any and all proposals, and to waive minor
irregularities in any proposal.
C. The County reserves the right to request clarification of information submitted, and to request
additional information from any proposer.
D. The County reserves the right to award any contract to the next most qualified proposer, if
the successful proposer does not execute a contract within eleven (11) days after notification
of preliminary selection.
E. Any proposal may be withdrawn up until the date and time set above for opening of the
proposals. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a
period of ninety (90) days to sell to the County, the services described in the attached
specifications, or until one or more of the proposals have been approved by the County
administration, whichever occurs first.
F. Standard Professional Services Agreement. Included in this RFP is the standard contract
document the County intends to use. The proposer should identify, with line in, line-out text,
as part of its proposal any changes it requests to the standard contract. To request any
changes, the standard contract document must be marked up and submitted with the proposal.
Substituting an alternate document will not be accepted. The County reserves the right to
reject any requested change or changes.
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G. The County shall not be responsible for any costs incurred by the firm in preparing,
submitting or presenting its response to the RFP.
H. Case Count.
· For purposes of tracking caseload and cases above or below the caseload, a weighted
scale shall be pursuant to the scale in this RFP.
· Case count is defined by incident date. A single individual charged with several charges
arising from one event would be counted as one case for caseload tracking purposes
although the charges are written on two or more citations. Any series of events that are
charged under a single cause number shall be considered as one case for case load tracking
purposes although the events may have occurred on different dates.
. A case is counted when the Court screens the defendant for eligibility and appoints the
public defense firm, or the Judge directly appoints the public defense firm from the
bench.
· In recognition of various circumstances which can cause the termination of the public
defense firm's representation and/or the reappointment of a public defense firm to
represent a particular defendant with respect to a particular citation or cause number, the
following rules shall apply to determine how much credit on the "points per case (scale of
400)" shall be given to the firm or persons providing the County with indigent defense.
This chart applies to any of the following circumstances:
. Defendant hires his own attorney;
· Public defense firm must withdraw due to an ethical conflict of interest;
. Public defense firm is removed from a case; OR
· Public defense firm is reappointed although previously ceased representation after
earlier appointment for same Defendant (typically Defendant hired a private attorney
in between).
Jefferson Connty RFP For Public Defense Services - REVISION
120f15
VENTITE
L01J'Oi Clt;oor~:f(!};!j'
jp'(t\l1tS eJr Case
Initial appearance
or arraignment
Superior Court
District Court
Initial appearance
& arraignment
(genemlly
on ous)
Initial appearance
& arraignment
(usually occur at
same time)
Juvenile
l-~Jlf;r 1{~lrr
P"ll..tS deJr Ca&e
Completion of Omnibus
or unsuccessful
Knapstead motion
Pre-trial or unsuccessful
Knapstead motion
One or more pre-trial
conferences OR failed
Knapstead motion
i?IlVJill
70itHs
Successful Knapstead
motion, any suppression
motions, pre-trial or trial
completed
Readiness completed
Successful Knapstead
motion, any suppression
motions, re-trial or trial
Fact-fInding, successful
Knapstead motion, or
any suppression motions
com leted.
. Services covered by this RFP that are not explicitly identified as non-routine will be
assumed to be included in the basic fee.
1. Public defense firm's full time attorneys shall not engage in representation of private clients.
J. The public defense firm agrees and warrants, that no member of the public defense firm's
Office, acting in practice with the public defense firm or in private practice, shaH enter any
tort or civil action for monetary damages against the County on behalf of a third party; nor
shaH any said member refer such cases for a fee or percentage of an award.
K. Required Insurance:
The public defense firm shaH obtain and keep in force during the term of the contract, or as
otherwise requ.ired, the following insurance with companies or through sources approved by
the State Insurance Commissioner pursuant to RCW 48. The County will be named on all
certificates of insurance as an additional insured. The certificate of insurance shaH cover the
activities specified in or performed under this RFP and subsequent contract.
1. Professional Liabilitv and Management Errors and Omissions Insurance with total
aggregate coverage in the amount of one million dollars ($1,000,000.00).
2 Worker's Comoensation and Employer's Liabilitv insurance as required by the State of
Washington.
3. Commercial Automobile Liabilitv Insurance providing bodily injury and property
damage liability coverage for all company-owned vehicles assigned to or used in the
performance of the contract for a combined single limit of not less than One Million
Dollars ($1,000,000) per occurrence.
4. General Commercial Liabilitv Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00) per occurrence and a 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 contract specifications.
Jefferson County RFP For Public Defense Services - REVISION
130US
The insurance coverage shall include the following minimum coverages:
a Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability, including: completed operatious;
d. Premises - Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
g. Personal InjurylProperty Damage Liability, arising out of the use of non-
owned vehicles for business purposes.
· Verification of Coverage. The public defense firm shall furnish the County with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the public defense firm before commencement of the work.
. The public defense firm's insurance coverage shall be primary insurance as respect the
County. Any insurance, self-insurance, or insurance pool coverage maintained by the
County shall be excess of the public defense firm's insurance and shall not contribute
with it.
· The public defense firm's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the County.
· Proof that said insurance requirements have been and are being satisfied by the public
defense firm shall be kept current by the winning proposer.
L. Indemnification. The public defense firm shall indemnify and hold the County, and its
officers, employees, and agents hannless from and shall process and defend at its own
expense, including all costs, attorney fees and expenses relating thereto, all claims, demands,
or suits at law or equity arising in whole or in part, directly or indirectly, from the public
defense firm's negligence or breach of any of its obligations under this Agreement; provided
that nothing herein shall require the public defense firm to indemnify the County against and
hold hannless the County from claims, demands or suits based solely upon the conduct of the
County, its officers, employees and agents, and; provided further that if the claims or suits
are caused by or result from the concurrent negligence of: (a) the public defense firm's
agents or employees; and, (b) the County, its officers, employees and agents, this indemuity
provision with respect to claims or suits based upon such negligence, and/or the costs to the
County of defending such claims and suits, etc., shall be valid and enforceable only to the
extent of the public defense firm's negligence, or the negligence of the public defense firm's
agents or employees.
The public defense firm specifically assumes potential liability for actions brought against
the County by the public defense firm's employees, including all other persons engaged by it
to perform any work or service required of the public defense firm under this agreement
wherein payment for such work or services is sought; and, solely for the purpose of this
indemnification in defense, the public defense firm specifically waives any immunity under
the State Industrial Insurance Law, Title 51 RCW. The public defense firm recognizes that
Jefferson County RFP For Publie Defense Services - REVISION
140US
this waiver was specifically entered into pursuant to provisions ofRCW 4.25.115 and was
subject ofmutua1 negotiation.
VII. SELECTION CRITERIA
Factor
a. Responsiveness and quality of the proposal
in meeting the purpose and scope of service
Unto:
30 pts
b. Qualifications oflega! & investigation staff
15 pts
c. Ability and history of successfully
completing work of this type, providing
quality representation, meeting projected
deadlines and experience in similar work
20 pts
d. Ability to immediately assume
responsibility for indigent defense in
Jefferson County on March 1,2010
10 pts
e. Price
Maximum points
25 pts
100 pts
Each proposal will be independently evaluated on factors a through e, based upon the written
proposal, plus interview and references, if applicable.
VIII. PUBLICATION.
I NlIII1e of Publication
Jefferson County Leader
I Dates
December 29,2010
January 5, 2011
ATTACHMENTS:
. Standard Contract
Jefferson County RFP For Public Defense Services - REVISION
15 of15
.
.
...
JEFFERSON ASSOCIATED COUNSEL
A 501 (c) (3) Non-Profit Corporation
RESPONSE TO JEFFERSON COUNTY
REQUEST FOR PROPOSAL
FOR PUBLIC DEFENSE SERVICES
SUBMITTED BY:
,
..
1. FIRM HISTORY
Jefferson AssocIated Counsel ("JAC") organIzed as a 501(c)(3) non-profit In 2005 to Improve' the
delivery of criminal defense servIces to poor/IndIgent clients In Jefferson County courts.
ServIng on our board of directors Is Dave Neupert, a local attorney and f~rmer public defender;
MarIanne Walters, fonner Jefferson County SuperIor Court Clerk; and Bernie Arthur, a local
retired businessman. .
OrIgInally, the firm was staffed by Richard DavIes, Ben Critchlow, and Scott Charlton. We're all
stili here. We have more than 50 years combIned experience as public defenders In this county.
WIth the addition of two fine young attorneys last year, Bret Roberts and Nathan Poston, JAC
now employs 3.75 FTE attorneys, brInging us up to compliance with state and county public
defender caseload standards.
JAC's. non-profit status per.mlts us to take advantage of charitable donatIons and grants. For
Instance, one of our young attorneys received a grant to work here part-tIme for four months
last year (at no cost to the Courrty) because of the nature .of our work ;md non-profit status.
Additionally, we were able to hire another brlght"young attorney because our non-profit status
qualified him for federal student loan forgiveness. Last year our non-profit status alsQ enabled
lAC to be desIgnated liS host organizatIon for a SorosFellowshlp applicatIon aImed at reducing
recidIvIsm for recently released prisoners. The. application was a collaborative effort Involving
WSU/Jeffco Cooperative Extension staff, theJefferson County Prosecutor's office, an"d JAC.
While the applicatIon was ultimately unsuccessful, sImilar collabor~tlve efforts are possIble due
to our non-profit status.
2. EMPLOYEES/AREAS OF RESPONSIBIUTY
Richard Davies Is JAC's attorney dIrector and primary contact person. HIs duties Include
supervising attorneys and staff, managIng the finances, carrying a halftIme adult felony
caseload and serving on the Superior Court drug court team. Ben Critchlow mentors our Junior
attorneys and Investigator, and carries a halftime adult felony case load. Scott Charlton also
mentors our Junior attorneys and will be carrying a "time Juvenile court and adult felony
caseload. Bret Roberts, who cCjme to JAC early last year, will carry a fulltlme district court
. caseload. Nathan Poston, who started with us last February, will also carry a fulltlme dIstrict
court caseload.
In 2010 we also hIred an In-house InvestIgator, Jack Range.. By mOVing InvestIgations In-house
we were able to Increase InvestigatIons from SOto 90 hours per month at no extra cost to th.e
county. Jack Is likely to stay with us through the entire 2011-13 contract because JAC attorneys
1
~
Richard Davies .and Ben Critchlow are serving as tutors in his four-year law clerk program, an
alternative to law school.
Last but certainly not least are JAC's support staff. Jennifer Dempsey Is our office manager,
receptionist, secretary, record keeper, arid paralegal. She Is ably assisted, part-time, by Susan
de Rochefort. Their ability to multitask Is, in no smail measure, responsible for JAC's success in
pulling off what Is needed to run a busy public defender's office..
.QJlGANI~OmL ClJARt
OJ
SUSAN de ROCHEFORT .
.-.~ ..... '~:'..,
3. EMPLOYEES RESUMES AND RESPONSIBiLITIES
See following:
2
, ,
~
RICHARD L. DAVIES
DIRECTOR
Quallflcatlon per Public Defender Standard 14'
QJJallfled to. do. all the tYPes af cases set farth In Public Defender StaiTdord 14, except Death Penalty
Representatlan. .
Salary Level per Public Defender Standard 1
,
. . . .
$50,790 (.55+ m based 0.1175% of elected Prasecutor,'s salary)
Relevant Credentials .
Juris DOOo;
UnIverSIty ofWashlnSton Law sChool
1988
1989.
, ,
WashIngton State Bar ArIn1lss1ail, Bar #18502
Legal Experience
Dlrectar, Jeffersor/Assoctated Caunsel,PartT_end, WA
"
. . ,
2008 - present.
. , 2005 -'pr~ent
," . .
. ..
Attorney, port-tIme, Jefferson AssOctated Counsel, Port Townsend, WA
. .
. '. . .
Private practIce, part-tIme, fOCused an Criminal and trafjIc defense,
Port Townsend. WA .
Attorney, Clallam-Jefferson Public Defender,l'ort Townsend, WA,
'. .
2000 - present.
, ,1995 - 2000
1994 - 1995
.. ,.
Partner, Davies and Jones, a small general practIce, Pori Tawnsend, WA
Attorney, Nava)oTrlbe, Wlndaw Ro~k, Ai
. .
1989 - 1993
Local Experience
SUperior Court:
Juvenile Court:
District Court:
10 Years (All types of cases.)
15 Years (All types of cases.)
15 Years (All types of cases.)
Criminal defense hours during last three years: Fulltlme
. Private practice caseload points: 2008 - 45; 2009 - 42; 2010.32
Expected Duties If Contract Awarded
-) .55+ FTE
-) Managing office
')Supervlslng staff attorneys
(. Half-time adult felony caseload
.) Drug Court team mel)1ber:
:3
.
BEN CRITCHLOW
SENIORATTORNEv .
Quallflcatlon per Public Defender Standard 14
Quallfledto do all the types'of cases set forth /n Public Defender Standard 14, except Death Penalty
Representot/pn. . .' . ..,. '
Salaty Level per Public Defender Standard 1
541,554 (.45+ FTE !xzsed on 75% of riieCted Prosecuto~'s salary)
Relevant Creilentlals
Juris DOctar ,
, ' ,
U~lversftY a/Montana
l,<f
,1988
1988
. .. .
washington State Bar Adm/sslon, 'aar # 180M
Legal Experience
. ':'. ':,'- ,', ",,' ., . .
SenIor attorney, part-,tlme, Jefferson Associated Couns~/, Port T-ownseiuJ, WA.
, ',~CJD8 ~present
. .;
;,
.; -
.".t
.. 2~ . present
,2005 ~2oo8
.. 1992 - 2005
Private practlcl!' ,trim/nal delens~ emPhasis ,
Dlrectar, Jefferson Assodatl!dCounsel, Port TOwnSend, WA,
Attorney, Clallam;jefferson Public Defender, port Townsend, WA
. -, ,.....;. - . .
....
Attorney, Soc.Ietyof Counsel (ScRAP) . , .". ,...,',
Hand/ed dependendes and Juvenile Offender cases rangIng from
m/sdemeanars to doss A felonIes. . ".,', '
,
1988 - 1992
.,-;.
Local Experience
~. :'
Superior Court:
Juvenile Court:
D/strict Court:
All types of cases.
All types of cases.
All types of cases.
Crimina/ defense hours dllrin!llast three years: FIIlltime
Expected Dutles. If Contract Awarded
0) .45+ FTE
(. Half.tlmeadult felony caseload
.) Mentor junior attorneys
4
,
SCOTT M.CHARLTON-
SENIOR ATIORNEY
Qualification per Public Defender Standard 14
Qpallfled to do atlthe types of cases set forth In Public Defender Standdfd 14, except Death Penalty
Representatfon. .. .
Salary Level per Public Defender Standard 1
$56,700 (Based on 75% of comparable DepUty Proseclltcir salary)
Relevant Credentials
Jqrls Doctor -
- -
I!nlversityof MaIne School of Law . .
- MaIne State Bar AdmIssion
WashIngton State Bar Admission, Bar i1 illii2
1990
-199C1
1992
Legal Experience
. -
. '. ,
SenIor Attorney, Jefferson AssocIated COlDISel, Port Townsend; WA
2005 - present
. 2001 - 2005
1999 - 2001
- 1997 - 1999
1993 - 1997
1992. 1993
- .
. . .
. . . .. ..
. .
Attorney, Clatlam-Jeffersan-Publlc Defender, Port Townsend, WA
. . .
. . - ,0' _
Deputy Prosecutor, Clallam County I'rasecutfng Attorney's Office
Deputy ~cuto~, Jeffers~n County ProsecutIng Attorney's Office : _ _ __
DepiJtlPros~or. GraysJ-Iarbor County ProSeCutingAttome~'s' offlee:__: -
Special DepUty Pr~secutfng Attorney, KIng County Prosecuting Attorney's Office
Local Experience
Superior couit:
JlNenlle Court:
Distri~t Court:
. -
10 Years (All types of cases.)
15 Years (All types of cases.)
15 Years (All types of cases.)
Criminal defense, jlNenile dvil and dependency practice during last three years: Fulltime
Expected Dutles If Contract Awarded
.) .75 FTE
(0 Superior Court Adult Felonies
.) Juvenile Court - CrimInal -
0) Juvenile Court - CMI
5
-. ' ~
.
BRET A. ROBERTS
.
.
ATTORNEY
QuallflcatiDn per Public Defender Standard 14 .
. Qualified tD represent clients 1n the fDllowlng case types: Adult Class B FelDnles (exCluding
v1DlenVsexual Dffenses), Adult ClassC Felonies, Adult FelDny ProbatlDn VlDlatiDns, Adult
MlsdemeanDr Ceses, Juvenile Class B FelDnles, Juvenile Class C Felonies, Juvenile Misdemeanor
cases, Juvenile Probation Violations, and all types Df Appellate Cases.
Salary Level per tD Public Defender Standard 1
. $S2,2OO (90% of Deputy Prosecuting AttDrney Comparable Salary)
Academic Credentials
.
,-,.,
. Gonzaga University School
of Law
2005-2008
J.D.; Class ~kTop 10% (14/155)
. Dean's Ust: fall 2005, Spring 2006, Spring 2007,
Fall 2007 , Spring 2008 .
. CAU Awards: federal Jurisdiction, White CoUar
Crime, Landlord Tenant Law, Foundations of
Appellate Advocacy .
. AcademIc AchIevements: . 1st Place: Linden Cup lntraschool Appellate
Oral At!Nocacy Competition
. 3rd Place: Intraschool Negotiation CompetitiDn
. Co-Author, Best Brief, National Moot COurt
ReglDnal Appellate Advocacy Competition
. ill Presenter: Sept. 26, 2008 - "Doing Well by
Doing Good In Animal Law Cases"
. University of Washington
Legal Experience
B.A. Speech Communication
-1992-1998
. Volunteer Intern, Spokane County P~or's Office
. Extern, Spokane County Superior Court
. APR 9 Intern - University Legal AssIstance
. AssocIate Attorney - T.D. Knowles Et AssocIates
. Deputy Prosecuting Attorney -. City of Spokane
. Public Defender - Jefferson Associated Counsel
..' ',,'.
Nov. Z005 - Jun. 2006
Jan. 2007 - Dec. 2007
Jun. 2007 - Nov. 2008
Jan. 2009 ~ Apr. 2009
Apr. 2009 - Dec. 2009
Jan. 2010 . Present
Local Experience
.
I
,
. Superior Court: 1 year (RAW Appeals)
. Juvenile Court: 6 months (Felony, Misdemeanor, and Probation Violations)
. DIstrict Court: 1 year (Adult Misdemeanors and Probation Violations)
Expected Duties If Contract Awarded
1.0 Full Time Employee Status:
. District Court - Adult Gross MIsdemeanors, Misdemeanors, and ProbatlDn VlolatlDns
. Superior Court - RAW Appeals and limited Appearances in Adult and Juvenile Court
6
<
NATHAN POSTON
ATTORNEY
.
Quallflcatfon ~r Standard 14
, . -.' , ", .
Qualified to represent c\lemts In all.adult Class B Felonies (excluding vlolent/sexual offenses), all Class C
FelonIes, Probatfon or Parole Revocations, all Misdemeanor cases, and all Juvenile Status Offel1se cases.
. .
Salary Level per Public Defender Standard 1
. . . . '.
$52,2QO(90% oiDepUty Prosecuting Atto'!'ey comparabtesalary) .
AcademIc Credentfals
florida Coastal School of Law, Jacksonvllle, florida . .
Juris Doctor, Cum Laude May 2009 .
Grade Point Average: 3.28/4.00; Class Rank 39/419
. HonorS: Dean's List Fall 2006, 5t:irlng 2008, Fall 2008: Dean's Scholar Fall 2007
Legal Experience
. Jefferson Assodated Counsel, Port Townsend, WA,
Handled full-tfme District Court load and Juvenile C:MI cases
Spokatle County Public Defender's Offlce, Spokane, WA May 2008. Aug. 2008
.' .... .' Jan. 2009 -April 2009
APR 9 Intern handling District Court cases under a supervlslng attorney .
. . .
Feb. 2010 . present
florida Coastal School of Law, Jacksonvllle, FL
. Teacher's Ass1stantlTutor Torts
Three RIVerS Legal Servlces, Jacksonvllle, FL'
Aug. 2007 - Sept. 2008 .
July 2007 . Sept. 2007
Local Exper:lence
Superior Court: 1 year (RAW appeals)
Juvenile Court: 6 months (dvll matters: truancy, youth-at-rlsk, CHINs)
DfstrIct Court: 1 year (All types of cases)
Expected DlItles If Contract Awarded
.
1.0 Full Time Employee Status:
. . DIstrict Court - Adult Gross Misdemeanors, Misdemeanors, and Probation VIolations
. Superior Court - RAW Appeals and LImIted Appearances In Adult and Juvenile Court
7
.
JACK RANGE
INVESTlGATO.R
Quallflcatfon
. ,
Trained as an Investigator at The Defender AssocfatlOn, In Seattle, for all types of Felony, Misdemeanor,
Juvenile and Dependency cases. . . . .' . .
. .,. ". .
Academlc Credentials
APR 6 ~ Clerk
Washington liar AssocIatfon
Sept. 2010 to Present
Graduatfn~ 2014
B.A.
Unlver'sity of Washington
Internatfonal Studfes
. March.200ll
Legal Experience
.. ',"
~ - "I !'
Investfgator, Jefferson Assocfated Counsel
Port Townsend, WA
Research Assfstant, .Racfal Dfsparlty Project
Seattle, WA
Investigator, The Defender Assocfatfon
Seattle, WA
Legal Observer, Democratfc Natfonal Convention:
Denver, CO
Jan. 2010 to Present
Sept. 2009 to March.2010,
2009
2008
Local Experience
,.' '.'
SUperior court: 1 year (All types of cases)
Juvenile Court: 1 year (All types of cases)
Dfstrlct Court: 1 year (All types of cases)
:
Expected Dutfes If Contract Awarded
.
.:. .75 FTE
.:. locating witnesses
.) Witness, pllllce, and victim Interviews
.:. Interview reports
.:. Scene diagramming
.:. Subpoena service
8
,
.
JENNIFER DEMPSEY
OFFICE MANAGER
Qualification
OVer 10 years experience as legal secretary/office manager.
Recent Experience
.
Jefferson Associated Counsel, Inc.
Legal Secretary/Office Manager
Clallam-Jefferson Public Defender
Part-time Legal Secretary
Harris, Mericle ft Wakayama
Part-time Secretary/Assistant
Steinberg ft Steinberg
Legal Secretary/Office Administrator
2005 to present
2003 to 2005
2002 - 2005.
1998 to 2001
Duties and Responsibilities
0) 0.80 m
.;. Office Manager
0) Administrative Assistant
.;. . Word processing
0) Bookkeeping
.;. Reception
0) Handling client calls
0) Scheduling
.;. Opening/closing/maintaining files
.;. Maintain database
.;. Office support
9
.
. '.
.
.
,
SUSAN E. DE ROCHEFORT
SECRETARY
Qualification
Over 20 years experience as secretary/office manager.
Recent Experience
Jefferson Associated Counsel, Inc. February, 2008 to present
Part-time Legal Secretary
Jefferson Community School September, 2007 to present
Part-time Secretary
Winterchlll Farm,'lnc.. February, 2008 to present
, ~roperty Manager - The Wolves' Den Rental Cabin
Swan School September, 1998 - June 2005
Part-time, Office Manager
Property Counselors, Inc. May, 1987 - July, 1993
Word Processor/Administrative Assistant
. Duties and Responslblllties
;.
(. .50 FrE
.:. Administrative Assistant
.:. Wc;lrd processing'
.:. Reception
(. Handling client calls
(. Scheduling
.) Opening/closing/maintaining fj\es
.:. Maintain database
0:+ Office support
10
-"
4. CASE LOAD RESPONSIBILITIES
JAC Is a 501(c)(3) non-profit organIzed specifically to provIde public defense In Jefferson County
courts. As such, this contract takes precedence over any other contracts or obligations
undertaken by JAC or Its employees. If an ethical conflict arises preventIng the representation
of both a prospective client under the terms of thIs contract and another prospective client
privately, or under the OPD parental representation contract, JAC will endeavor to represent
the client under thIs contract over the other. There are, however, a relative few Instances
where a previously established representation would ethically prevent JAC from representing if
prospective clIent under this contract.
The attorney FTEs requIred for Schedule 1 (one firm for all cases) are as follows:
. Superior Court/Adult Felony, Including Drug Court = 528 caseload points
1.25 -FTE Attorneys: RIchard Davies, Ben Crltchlqw, Scott Charlton
. Juvenile and Family Court = _324 caseload poInts'"
0.50 FTE Attorneys: Scott Charlton
'" JAC believes that thIs figure Is overestimated by 100 caseload points. At 224
caseload points, these court calendars can be staffed by a .50 FTE senior attorney. _
. DistrIct Court = 799 caseload poInts
2.0 FTE Attorneys: Bret Roberts, Nathan Poston
The attorney FTEs required for Schedule 2A (primary flrm In District Court) are as follows:
. SuperIor and JuvenIle Court ConflIct attprl1ey = 110 Caseload points
.50 FTE Attorney: Scott Charlton
. District Court = 799 caseload-polnts _
2.0 FTE Attorneys: Bret Roberts, Nathan Poston, Scott Charlton.
The attorney FTEs requIred for Schedule 2B (primary firm In SuperIor and Juvenile Courts) are as
follows:
. Superior and Juvenile Courts = 850 caseload points'"
1.9 FTE Attorneys: RIchard DavIes, Ben Critchlow, Scott Charlton
'" JAC believes that thIs figure Is overestImated by 100 caseload poInts.
· District Court = 25 caseload points
0.1 FTE Attorneys: All three above
Because Richard DavIes and Ben CrItchlow maintaIn small private criminal defense practices,
should a case arise that Is not covered by thIs contract such as Ita gravely serious offense,>> or
the annual caseload poInt limIt Is reached, JAC has the f1exlbfllty to take on the additional work
without havlngto hire additional staff by simply having them take on the additIonal work
Instead of private cases.
11
All lAC staff Identlfled In the response to RFP are presently employed by lAc and are avaIlable
ImmedIately should lAC be awarded the 2011.13 contract.~
lAC shall comply wIth ALL the RFP !i IV Scope of Services requirements B-T, Includ1ng, but not
limIted to:
N. Complying with lefferson County OrdInance 04-0323-09 "Standards for Indigent
Defense Services."
Std. #1: Pay Parity. lAC attorney salarIes are 90% of theIr counterparts In the
prosecutor's~offlce. JAC's directing attorney shares a salary that Is 75% of the eJected
prosecutor's salary. Other lAC benefit levels are also below those of the prosecutor's
office.
Std. #2:
DutIes. JAC complies.
Std. #3: Caseload Umlts. lAC's proposal meets the maximum caseload limIts per
attorney. As poInted out above, lAC has the flexibility to take on addItIonal cases, as
needed, without hiring additi~onal staff.
Std. #4:
Expert wItnesses. lAC's proposal complies.
AdminIstrative costs. lAC's proposal complies.
Std. #5:
Std. #6: InvestIgators. lAC's proposed .75 FTE In-house InvestIgator for 3.75 FTE
attorneys falls short of compliance with this standard, but can certainly be Increased If
necessary.
Std. #7: Support Services. lAC's proposal Is minimally compliant. SocIal work Is
provided by existing attorney/investigator/support staff but should be i!ugn;tented by
additional trained staff. The courts regularly appoint mental health profeSSionals to
perform mental health. evaluatIons. The courts also regularly provIde access to
telephonic and In-person Interpreters.
,
Std. #8:
Reports. JAC's proposal complies.
Std. #9:
Training. lAC's proposal complies.
Std.#10: Supervision. lAC's proposal provides for attorney supervision; however,
It does not provide for separate attorney tIme for supervision.
Std.#l1: Monitoring & Evaluation. lAC's sIze and culture allows for a more
Informal system of evaluation and !Tlonltorlng, but we understand that an evaluation
tool specIfically for thIs standard Is beIng developed by the Washington Defender
AssocIation and wIll Implement it when avaIlable.
12
Std.#12:
. Substitution of Counsel. JAC's proposal complies.
Std.#13: ..
. Umltatlons on Private Practice. JAC's proposal complies.
Std.#14: QualIfications. JAC's attorneys meet the qualIfications necessary to do
the job. TheIr IndivIdual qualifications are IdentIfied In theIr resumes.
Std.#15 Complaints. ClIent complaints are handled Internally by the dlrectlng
attorney. If that doesn't resolve the matter It Is referred to the county admInIstrator or
. .
more often the court.
Std.#16:
Std.#17:
Termination. lAC's proposal'complles.
.Non-dlscrlmlnatton. JAC's proposal complIes.
Std.#18: GuidelInes for Awarding Defense Contracts. All of JAC's attorneys have
practiced criminal defense In local courts for at least a year. In fact, we have over 50
years combined experience representing the public. In local courts, and approximately
60 years ,combined experience In the practice of criminal law.
5. OFFICE
JAC's office Is located at 333 BenedIct Street, Port Townsend, WA 98368 (the old Port
AdminIstrative Office). It Is located. less than a block from a Jefferson Transit stop, Is
handIcapped accessIble, within walking dIstance of the courthouse, and has plenty of parking.
The main area In our office has a receptIon area for clients to sit while waIting for their
. appointments, two receptionist/secretary statIons, and an InvestIgators work statIon. Every
attorney has theIr ~wn modest office for confidential client meetings and telep'hone calls. We'
. also have a. file room for recently closed files and an off-site storage space for oh:ler files.
JAC's office has a dedicated fax lIne, three telephone lines, a phone system with eIght phone
stations and volcemall boxes, DSL Internet service, a hIgh-speed copIer, scanner and prInter,
and every employee has a compliter.
6. REFERENCES
The Honorable Craddock Verser, Jefferson County Superior Court Judge, (360) 385-9237.
The Honorable J1II Landes, Jefferson County District Court Judge, (360) 385-9134.
MIchelle Moore, Jefferson County Superior Court Administrator, (360) 385.-9360.
Tracy Wilburn, Jefferson County DistrIct Court Administrator, (360) 385-9134.
13
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7/8. BIDS and PRO-FORMA ANNUAL BUDGETS
Price Schedule 1 2011 March 1- 2012 January 1. 2i113 January 1-
1 Firm for All Cases December 31 December 31 Deeember 31
Annual Caseload: " 1,376 c:aseload .points 1,650 c:aseload points 1,650" c:aseload points
Cost: $ 381,812 $ 472,995 $ 493,624
Number of Attorney
TIEs assigned 3.75 FTE 3.75 FTE 3.75 FTE
Investigations Fee 2011 . 2012 2013
Schedulel " Match I-December 31 January I-December 31 January I-December 31 .
Cost ofJnvestigative
Services: $ 26,641 $ 32,856 $ 33,164
Number ofJnvestigator
FTEs assimed: 0.75 FTE 0.75 FTE 0.75 FTE
Price Schedule ~ 2011 March 1- 2012 January 1- 2013 January 1-
2 Firms Split Cases, December 31 December 31 December 31
. plus First Conflict
A: Primary Firm in ~ct Court, Conflict Attorney for Superior and Juvenile Courts
Annual Caseload: '758 caseload points 910 c:aseload points 91" c:aseload points
Cost: $ 238,109 $ 294,082 $ 307,029 .
Number of Attorney"
Fi'Es assigned 2.5 FTE 2.5 FTE 2.5 FTE
" :0: Primary.Firm in Superior and Juvenile Courts, Conflict Attorney for District Court
" Annual Caseload: 727 caSeioad points 872 c:aseload points 872 c:aseload points
Cost: $ 243,457 $ 301,268 $ 315,147
Number of Attorney
TIEs assimed 2.0 FTE 2.0 FI'E 2.0 FI'E "
"
Investigations Fee 2011 2012 2013"
Schedule.2A, 2B March I-December 31 January I-December 31 January I-December 31
Cost ofJnvestigative
Services: $ 19,207 $ 23,749 $ 24,730
Number ofJnvestigator
TIEs assimed: 0.5 FI'E 0.5 FTE 0.5 FI'E
14
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2011 PRD-FORMA BUDGET Schedule 1. Sch'!du1e ZA Schedule 28
EXPENSES
Al:countlng and Payroll SetvIces 4,000 2,500 2,500
Copier Expense 2,400 2,000 2,000
DSL 400 400 400
EinDlovee Beneflts
HSA Contributlon 16,200 9,000 9,000
MeclIcaJ and Dental Insurance 37,080 23,840 25,064
Pension Contribution 14,978 9,01& 9,265
TOTAl Errtployee Beneflts 88,258. 41,858 43,329
Tralnln". Ucenses. Etc
Insurance (Malprattll:e) 3,000 2,2OD 2,200
Tralnlnp 2,000 1,100 1,100
Ucenses & Memberships 2,750 1,375 1,375
Maeage Reimbursements .6,000 3,000 3,000
ProfeS5lonal5elYlces 3,000 . 2,000 .2,000
TOTAl Training etc 13,750 7,475 7,47S
Offlce surmf1#lc ,
Books a Resources 1,500 1,000 1,000
Equipment 2,0lIO 1,250 1,250
OffIce Supplies 7,500 5,500 5,000
TOTAl OffIceSUppUes 11,000 7,750 7,250
.emRl! 1.0 FTE'
Attorney 1 (shared posItlon) 92,344 1.0 FTE n,900
Attarney.2 " 54,100 .75 F.TE 36,450 .som n,g00 100m
Attorney 3 52,200 1,O'FTE 52,200 . 1.0 m
Attcniey 4 52,200 l.OFrE 52,200 l.Om
Support 1 29,625' ;/lom 39,500 1.0 FTE 39,500 1.0 FTE
Support 2 1&,500 .som
TOTAl payroU 299,559 1&0,350 185,300
PayroUTaxes 26,961 16,232 16,677
Rent . 14,400 . 14,400 '14,400
Rent- LeashoJd Tax 1,849 1,849 1,849
Jnsurance 450 450 . 450
Te!ephone 4,500 3,000 3,000
l)tIUtles 1,200 1,000 1,000
'Internet Legal Reseerch 2,800 2,000 2,000
Totel Annuel Expenses 454,538 .2&3,463 289,830
i011 CONTRACT 8UDGET 381,812 238,109 243,457
InvestIlmtor
Salary 24,000 .15m 16,500 .50 FTE 16,500 som
PayrolJTaxes 2,160 1,485 1,485
HSA Contrlbutlon 1,800 1,800 1,800
Health Insurance 1,656 1,656" 1,656
PensJpn Contribution 1,200 825 825
Mlleaga 900 600 600
Annual Investlgator costs 31,716 22,866 22,866
20111r,IVESTIGATOR BUDGET 26,641 19,207 19,207
Q- ..',
I
PUBUCDEFENSE AGREEMENT - REVISION #1
By andBetween
Ilt.~.
And
JJ!a<JfEKSON COUNTY
Purpose: 1he purpose of tlm AgreelWnt s to provide ltIlIIdated legal de1imse services to
eJiglbIepersons charged withofl'enses or at risk ofa Joss ofh1lerty or hllerty interest in,the
courts ofJeffimlOn County.
Parties: This Contract for Professional Services (the Contract) is entered intq by Jefferson
County, a political subdivision ami lIllIllicipal cotpoi'lltion of the Slate of Washington, having i1s
principal offices at P.O. Box 1220, Port Townsend,WA 98368 (hereinafter "County"-and
. a (hereinafter "Conl.t:atkI. "). . .
SECTION 1.
PERIOD ()ll' PERFORMANCE
1.1 The'Contract will become etmctive on M8fth 1, 2011, and terminate on Dec:emlJer31,
2013; and my be renewed for up to two additional one-year temB by nmtua1 agreement by
1he pai'lies. In no event wiD any extension of the ConlractbecolW effecli... unless am UntiJ
it is approved and executed by the JeffimlOn County Board of Commissioners. The
con1ractor will notifY the County of their desire to renew the contract six mlDths befom i1s
expimtion
1.2 In the event that the date of termm..nnn of the contract passes without the parties' execliion
ofa slmiJarcontmctoi'theCounty has mtseJected anotherFimi, thentbecontrachhall .
mmain in force fu$I!t" .~o days, during which time II10ntbly paymMtts shall be paid at
1f121ll tile last annual contract am:lunt
1.3 The public de:fimse firm wiD continue to active~ represent, fuithfu1ly and with due diligence,
an cases lISSigned under tlm AgreeIWnt and cotqllere those cases which remain pending
funowing the terminannu oftbis Agreement; provided that, in the event there is no contract
b.m...en the County and public defense firm, the public defense firm Will not be obligated to
continue repmsentingcases beyond thirty (30) days after termination pursuant to subsections
i or ii, whichever is later, and the County shall cotqlensate the public de1imse firmat a
masonable fee esfjlllH~hed by the Court fur said olts1aDding cases.
SECTION 2.
SERVICES TO BE PROVIDED
2.1 A description of the services to be p.afu.~ by the Contractor il set 1brth in Exlnllit A:
Description of Services, which il auached to the Conlract am incorporated by tlm
m1ilnmce.
I PI1JLlC DEFEl'iSEAGREE1\oIENT-REVlSJON#l
1 of +:Ill.
'f
2.2 The Contractor. agrees to provide its own Jabor and materiak. Unless otherwise provided
fur in the Contract no material, or Jabor will be furnished by the County.
2.3 The Contractor will perfurm the work specified in theConlraCt according to s1aIJdard
irJdustry practices and in .confurmity with state Jaw;
2.4 The Contractor will complete its work in a timely manner and in accordance with the
schedule agrlllJd to by the p8rties.
2.5 The Contractor will prepare and present stattB repilit:l and other information that may be
pmliu..nt and oecessary, or as may be reqlJlSted by the CollIllY.
SECTION 3.
CONTRACT REPRESENTATIVES
3.1 The County and the ContraCtor will each have a contract representative. A party Imy
change its representative upon providing written notice to the other party. The parties'
representatives are as funows:
COUN1Y.
. Jefterson County
Philip Morley, County Administrator
1820 Jefferson Street
P.O. Box 1220
Port Townsend, W A 98368
(360) 385-9100.
PllDrlevUUco. iefferson. wa. us
PUBUC DEFENDER
Firm
Nmm, Title
Street
City, W A 98zip
Phone
email
~
SECTION 4.
COMPENSATION
4.1 A description of the compensation to be paid to the Contrac.tor is set furth in Exhibit B:
Conpensation, which isatlached to the Contract and incorporated by this reference.
4.2 The total amount payable under the Contract by the County to the Contractor in 110 event
will exceed XXXX Thousand XXXX Dollars ($ xxx,xxx) in 2011, XXXX Thousand
XXXX Dollars ($ XXK,XXX) in 2012. XXXX Thousand XXXX Donars ($ xxx,XXX)
in2013, except as specifically allowed herein.
4.4 The Contractor will be paid only for work expressly authorized in the Contract.
I PIIBLIC DEFENSEAG~IENT REVISION #1
2of.,l.;Zll
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4.5
The Contraclor will not be entitled to paymmt fur any services that were perfurrried prior
to the effective date of the Contract or after its terminAtiOn, unless a provision of the
Contract exp1'lllL~IY~vides otherwise. ~
If the C~~"F"w perform any. subs~alobligation and the fililure has not ~n
cured witbhi,,'Qusmess days followmg notice from the County, the County may, m US
sole discretion and upon written notice to the Contractor, withhold all !DOmes due the
Contractor, without penaI1y, until S1lCh fiUlore to perfurm is cured. .
.
4.6
4.7
At theeix! of services under this Contract any investfgationrevenues remaining with the
CoDlractor shall be returned to the County within 30 davs.
SECTION 5.
AMENDMENTS AND CHANGES IN WORK
.~~:~*~~e~~~~~~~2!~iti~tio!~~Nt~.~~~~1Jo~~"J
;_:_:, ,~,.-"-",,,)_ _ l'l,- "~~",,,.;i:t4,:,,,',, -"'~i,'f;""-" --"'<" -, '._-..;~/,.- ',i -'./~. . ,-', \ ", !'-.,.
t~.~~~~1ilw'~_~.~~'."" .
SECTION 6.
HOLD HARMLESS AND INDEMNIFICATION
The Contractor shallinde1llDilY and hold the County, and its officers, enployees, and agents
harmless from and sball process and defilnd at its own expense,ineludiog all costs, attorney files
and expenses relating thereto, all c;laims, denmMA, or suits at law or equity arising in whole or in
part, directly Or indirectly, from the Contractor's negligence or breach of any of its obligations
UDder this Agreement; provided that nothing herein shall require the Contractor to indemnifY the
County against and hold harmless the County 1iom claims, demaDds or suits based solely upon
the conduct of the County, its officers, employees and agents, and; provided :further that if the
claims or suits are caused by or result from the concurrent negligence of (a) the Contractor's
agents oremployees; and, (b) the County, its officers, employees and agents, this indemnity
provision withrespect to claims or suits based upon SlICh negligence, and/or the cosls to the
County of defilnding such claims and suits, etc., shall be valid and enforceable only to the extent
of the Contractor's negligence, orthe negligence of the Contractor's agents oretqlloyees.
The Contractor's obligations under these provisions inelule, but are not limited to, investigating,
adjusting and de1i:nding all claims alleging loss from action, error or omission, or breach of any
colDlJlOn law, statutory or other delegated duty by theConlractor, the Contractor's eJqlloyees,
agents or subcontractors.
The Contractor specifically assumes poteDtialliability for actiollS brought against the CoUnty by
the Contractor's employees, including all other persons engaged by it to perform any woIk or
service required of the Contractor under this agreement wherein payment for such work or
services is sought; and, solely for the pmpose of this indemnification inde1i:nse, the Contractor
specifically waives any immnnity UDder the State. Industrial Insurance Law, Title 51 RCW. The
Contractor recognizes that this waiver was specifically entered into pursuant to provisions of
RCW 4.25.115 and was s~ectof mutual negotiation.
I PUBUC DEFENSEAGREEMEST-REVlSION#1
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SECTION 7.
INSURANCE
7.1. The Contractor shall obtain and keep in force during the term of the contIact, or as
otherwise required, the fOllowing insurance with companies ortbrough sources approvea
by the State In$urance Commissioner pursuant to RCW 48. The 'County will be named
on all certificates of insurance as an additional insured. The certificate of insurance shall
cover the activities SPeCified in or perf01lIIX1 ucderthis COIl1:raCt
A Proiilssional Liabilitv Am Manal!ell1ent Errors and Omissions Insurance with
covemge of not Jess than $1 million per oceurrenee. The coverage will apply to
liability fur a pro:filssional error, act or omission arising out of the Contractor's
services UDder the Contract The coverage will not exclude bodily injury or property
damige. The coverage will not eXclme ba:zards related to the work rendered as part
of the Comet
B. Workers Comoensation and Emolover's Liabilitv. The Conttactor will maintain
workers' COlq)ensation insurance as required by Title 51, Revised Code of
Washington, and will provide evidence of coverage to the Jefferson County Risk
Managenent Division. If the Contract is fur over $50,000, then the Contractor will
also tnllmtAm employer liability covemge with a limit of not less than $1 million.
C. Commercial Automobile Liabilitv Insumnce providing bodily injury and property
damige liability coverage for an company-owned vehicles assigned to or used in the
perfurmance of the contmct for a combined single limit of not less than One Million
Dollars ($1,000,000) per occurrence. The aggregate Jimit will be at least $2 million.
Coverage will inclnde owned, hired and non-owned automobiles.
D. Geneml Commercial Liabilitv Insurance in an amount not less than a single limit of .
one million dollars ($1,000,000.00) per occunence and a aggregate of rot less than
two (2) times the occurrence amount ($2,000,000.00 mminllltn) fur bodily injury,
incl\Xling death and property damige, unless a greater amount is specified in the
contract SPeCifications. The insurance coverage shall include the following mininnl1'1J
covemges:
i Broad Form Property Damage, with no elq)loyee exclusion;
ii Personal Injury Liability, inciuding extended bodily' irgury;
iii Broad Form Cc;mtractuaJJCommercial Liability, incl\Xling: completed
operations;
iv. Premises - Operatiom Liability (M&C);
v. Independent Contmctors and subcontractors;
vi Blanket Cordl.....tua1 Liability. ,
vii Personal InjurylProperty Damage Liability, arising out of the me of
non-owned vehicles for bminess purposes.
I PUBLIC DEFENSEAGREElIENT-REVISION#l
4of....18
7.2. MisrelhmeollS InsIll'llllCe Provisions.
A TheComractor's liabilityinsUllilJlC& provisiJlB will be),)!nn...! withrespectfo any
insurance or se1f.iDsumnce programs covering the County, its elected and
appointed officers, offici.. k, employees and agents.
B. The Contmctor's commercial genera1liability ins1ll:8.llCe and automobile liability
ins1ll:8.llCe will include the County, ifs oflicers, officials, employees and ligenis
with respect to per1brma.nce of services.
C. The Contmctor's commercial general liability insutance and automobile liability
insura~ewill contain no specific limitation; on the scape of protection afforded
to the County as an additional insured.
D. Any 1itilure to coIiply with reporting provisiJns of the policies will not affect
coverage provided to the County, its officers, officials, employees and agents. .
R The Contractor's insurance will apply sepamtely to each insured against whom
claim is made or suit is brought" subject to the limits of the insurer's liability.
F. The Cont1'actOrwill include all subcontractors as insW'eIS UDder its policies or will
furnWh separate certif'i...ates and endorsenxmts ror each subcontractor. All
coverage ror subcontractors will be subject to all of the reqmremeDls s1llted in
theseprovisiJns. .
G. The insurance limits mmdated for any insumnce coverage required by the
Contract are not intended 10 be an indication of exposure, not are they limitations
on indemnification
H The Contractor will TnlIintain all required policies in rorce from the time services
co=......., until services are completed. Certificates, policies and endorsemeDls
scheduled to expire before coJq)letion of services will be renewed before
expiration. If the Contractor's liability covemge is written as a claims-made
policy, then the Contractor must evidence the purchase of an extended-reporting
period or"lail" coverage rota three-yearperiod aflar completion of the services.
1 Proof that said insumnce requirenxmts have been and are being satisfied by the
Contractor shall be kept current by the Cullb...ctot
I PlJBUC D:EIi:E:'1SEAGREElHENT-REVlSION#1
5 of +711.
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7.3. Verification of Coverage andAeceptabiD.ty ofInsmers.
A The Contractor will place msUl'llIlCe with insurers licensed to do bt.siness in the
State ofWashinglon and having AM. Best Co~ ratings OfllO Jess than A-
vrr. with the exception that excess and umbrella covemge nsed to I1Ilet the
requirements fur limits of liabili1y or gaps in covemge need not be placed with
insurers or reinsurers licensed in the S1ate ofW ashington
B. The Contmclor will fumish the County with properly executed certificates of
insUl'llIlCe or a signed policy endorseDJilllt which will clearly evidence an.
insUl'llIlCe required in this Section within 10 days after the etrective date of the
Contract The certificate(s) will,' at a minj.mnm. list limits of liability and
coverage. The certificate(s) will provide that the underlying insurance colllract
may not be canceled, or anowed to expire, except on30-days' prior w..itllm nOtice
to the COWlty. Any certificate or endorsemmt limiting or negating the inSurer's
obligation to notify the COWlty of cancellation or changes IIIlBt be amended so as
not to negate the intent of this provision .
C. The Contmclor will :fiunish the County with evidence that the additioJU!l-insured
provision required above has been met. Acceptable forms of evidence are the
endorsenent pages of the policy showing the County as an additinml insured. .
D. CerPftcatell of insurance will show the c~cate holder as Jefferson County and
indicate "care of' the apptupnate County's collllact represelllative. The address
of the certificate holder will be shown as the current address of the appropriate
County office or departmlDt.
R. Ifapplicable, the Contractor will request that the Washington State Obplu~J1tof
Labor and Indus1ries, Wolkers Compensation Represelllative, send written
verification to Je:fti:lrson County that the Contmctor is currently paying workem'
conpensation
F. Written notice. of cancellation or change wi1I be Jmde to the County at the
funowmgaddress:
Jeffurson County
Philip Morley, County Mmini"trafDr
1820 Je:fIerson S~et
P.O. Box 1220
Port Townsend, WA98368
G. The COJJtractor or its broker will provide a copy of all insurance policies specified
in the Colllract uponreqnest of the Jeflilmon County RSk Manager. .
I PUBLIC DEFENSEAGREEI\mNT RE\TSION~l
6of~1l
SECTION 8.
'IERMINATIoN
8.1. In the event tbat the date of termination of the contractpasses without the parties'
execution of a similar contmct or the County bas not selected another firm, then the
contract shall IllII!ll.in in me finjJfZ~!jj;o days. during which time minthly paymerdll
shall be paid at 1I12th 1he JIlSt anD.ual contract amount.
8.2. The Contractor will C9ntinue to actively represent, :tiI.itbfu1ly and with due diligence, all
cases assigned under this Agreemmt and complete those cases which remain pending
fullowing the termination oftbis Agreement; provided that, in the event there is no
<=tfl.....t kLwClen the County and Contractor, the CoutuM01 will not be obligated to .
continw rl>p........!:iag cases 'beyond thirty (30) days aftet termin'ltinn on December 31,
2013 orpmslllUltto 8tlI)sedion8.1.. whichever is Jatel-.11nd the COunty shall compensate
the Contractor at a relisonable fee estabIisbed by the COlll1 fur said ou!lltandingcases.
"ff~K~~!~lW_~f,w~"piJi_!Jj't"1"lli1\'fW'il~~_''t'irmiJlllw'1~'!m1_
,.~:.~~":i81~;'-="'"f'~~It~_:~lWY:nBl!.f'''''"''''''~iIl1:f'''
'M '.~._._..P_,.""_""_M~IlI'"'''';'' 1;1.... ~~-
IJ'..",,,-:,~,~,.--,-._-,~ ....--. __~~,_~...~.,~..-,.._",-..-<.-\,.,._~:~~_~,~,.~...J""",...."".;""~Jr~,._,,,-.J:sg....---:. ,- ~
W4"':' I)". ...t1~~,~~dj~:.~!!.,~"",jl&.~~~~Jj:W<~"
~9J1'_",f~' ~1ffl.~.'lIt:j!y,:~~je;.dWJ.A_J Diani ;< 'Ne" slllIt!JiIleldd:'lltt.u;;.'
,~~Jl.~~~e!~t~.~. rliJ1i1;~8IiI~
8.4. The Agreemlnt may be terminAfP.tl, upon thirty (30) days written notice for any material
breach ofany of the tenns of the agreeant by either party. Afler receipt of notice..and
befu~ terminAtinn. the party in delituIt may cure the. de:tect, in which case the agreement
shall continue in furce fur the full term. The COUN1Y shall pay a pro-rated share of the
agreed funding upon termination based upon the baJance of time fArm;,pr.g in the term.
1lIIIess otherwise ne~ wpee_~'j ,'~I!;:~~$8Wll');waf"iflltii~Wi\'~'
~'.'Pr"""'''''f'~1liit~':~...~.;~.~~-'ti'lIaf:all:'.~;_:
j~~l.ll6~iltall~~lr:;~~~:~__~;~~~V-""ll~-!li~
SECTION 9.
ASSIGNMENT, DELEGATION AND SUBCONTRACTING
9.1 The Conlractor will perfurm.1Ill4erthe Contract using only its bona fide employees ,or
agents, and the obligations and duties of the Contnlc1Or under the Contmct will not be
assigned. delegated or subcontracted to any other pelSOn or firm without the prior express
written conseut of the County.
9.2 The Contractor \'1lluWlIll that it bas not paid. nor bas it agreed to pay. any company.
person. partnership or firm, other than a bona fide en:ployee worlcing exclusively fur
COIlIractor. any me. commission. percentage, brokerage Jile. gift or other consideration
contingent upon or resulting from the award or making of the Conlract
I PlIJlLlC DEFENSEAGREEM~T - REVISION #1
7 of ./,:118
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SECTION 10.
INDEPENDENTCON'mACTOR
10.1 The Contractor's services will be :furnished by the Colll;ractor as an iiuIependent
contractor and not as an &gem. an employee or a servant of the County. The Contractor
speci:licaIly has the right to direct andiconlrol Contraet6r's own activities in providing the
agreed services in accordance with the specificatiollS set out in the Contract' The
Contractor shall per1i>rm the contracted wOIk. Any designee sball have prior CoUllty
-.pl"oval to suh.sti1.m.1br the eontrac1ed repre.<l<'''''''; ve.
10.2 . The Coutractor acknowledges that the entire corrpensation fur the CoIl1ract is set forth in
the compensation provisions of the Contract and the Contractor is. not en#tJed to any
. CoUllty benefits, irlct1Xling, but not limited to: vacation pay; ooIiday pay; sick leave pay;
mediQll ~ dental or other inlqmmce benefits; fringe benefi1s; or any other r:igh1s or
privileges afforded to Jefferson County errpIoyees.
10.3 The COIltI'\lCtor will have and maintain compIeterespoll'libility and control overall of its
subcoutiw;twll, . errployees, agents and represen1atives. No subconttactor. employee,
agent or represelllatiye of the Contractor will be or be deemed to be, or act or purport to
act, as an employee, agent or represouf.lati vo of the CoUllty.
SECTION 11.
NONDISCRlMINATION
The Contractor, its assignees. delegates' or subcontractors win not discriminate against any
peISOnin perfurmance of any of its obligations under the CO!IIraCt on the basis of race. color,-
. creed, religion, national origin, age. sex, mnital status. veteran status or the presence of ai1y
disability.
SECTION 12.
Dmf'l,JTES
l?ill'eu,.a.:..s, disputes and disagreeme..m. between the Contractor and the CoUllty arising under or
out of the Contract will be brought to the attention of the County at the earliest possibIetime so
that thli matter may be settled or other appropriate action prorrptIy taken. Any dispute relating to
the q1llL1io/ or acceptability of perfiwlra.,,,,,, or compeDSlltion due the Contractor will be decided
by the County.Administmtor lI~JH....rlJW"ord -'"~~'!I'~-B.f.::thH}~~
. . . . ",,-,,_m . ~~::(.JI~~, -"'~".' ._.v '" ._<. . .m '_'" J_,""_,_""~;",,,",,, -..,-~_:".,,,._;o'_
~f1':fIT.~lvij~~'~I~ji~l~~,~
SECTION 13.
CHOICE OF LAW, JlJRISDICTION AND VENUE
13.1 The Contract will be co.o.b......d as having been made and delivered within the State of
Washington, and it is agreed byeachpartytbatthe ContJ:actwill be governed by the Ja~
of the State ofW ashington, both as to its interpretation and perfur.ma.nce.
13.2 Any action of law, suit in equity or other judicial proceeding arising under or out of the
Contract may be instituted and 1n$infRn,P.(! only in Superior Court fur Jefferson County.
I PUBliC DEFENSEAGREEMENT-REVISION#l
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SECTION 14.
MISCELLANEOUS
14.1. No Waiver. The parties agree that the exc11'lll or forgiveness ofper.lDrmmce, or waiver
of any provisions of the Cont:nlct, does not COwnllltb a waiver of such provision or future
p,a.l(,rll"'''''-e,. or prejulicethe right of the waiving parly1n enforce any of the provisions .
of the Contract at a Ja1er time.
14.2. Tax Payments. The Contmctor will pay an applicable fudera1, slaw and IocaI taxes, files
(including licensing fees) and other lUIDun1s including, but not limited to, the employer's
portion of any taxes that arise ftom compensation owed or paid to employees. agents or
representatives of the Contractor or are otherwise manda1ed by Trtle 26 U.S.C. .
10. PefSelf1l11el RemBlal The CeBlmster agrees fa teme-!\!: -eiatlW; llRj sf its
Sl.18S9a.1:'FaeteB, 8R=.i'leyees, ageats aT l..!pl asemaw:es fi:e~assiW-IBt te p*f!AIn ser.ises
..........t~ the CeB:tmet 1:ljlaB reeei}lt ef a "TItteR Fef!YSst te de Be B:eHi t:ke CeliBt;' .
A\Q-:...:...1mter.
.J4.4..14.3. Legal Compliance. The Contractor and its subconttactors, employees, agents
and representatives will comply with an applicable Jederal, state and local laws, rules and
regulations in their per.lDnmnce.under the Contract '''f/l&.gtlllll!~'~~~~l.
~~Jr..' 'f,~*,~~~_wg""'~!'~-~~jlf'.'ftir,~l' .... ,
illl . Ill. ..,....._.... "''''.'' .... .. ... . .' ..... .. _. . .... " _. ,~
~.itIlt'~ft<tJf#;~~~g~~hir1!l:'.~..':"~!~"~~h~;_
\~ittlf=~~";:r',i.*~tht>>~.."'1t--...tt<ilt'ge .1J.iUd~f\Yll~;i;'7~j#f
I ~14.4. RecoIds liispectlon and Retention. The County may, at r:~~~}
inspect the books and records of the ColllIactor relating to the pe nee of the
Contract The Contmctor will retain for audit purposes an Contract-rela1ed records fur at
I lel!st six years after termination of the Cont:racl or Dursuant to state record retention
standards. whichever is longer.
I .J,4.,&..14.5. Successors and Assigns. The County, to the extent pe....aitted by law, and the
Contractor each bind then:selves, their partners, succeSSOIS, exec1llo1S, administrators and
assigns to the other party to the Conttact and to the partners, SllCCeSSOIS, Mmini~1riltors
and assigns of su:h other party in xespect to an covenants to the Contract
I .J4..7:14.6. SeverabWty. If a court of competent jurisdiction holds any provision of the
Contract to be illegal, invalid or unenfurceable, in whole or in part, the validity of the
remaining provisions will not be affected. and the parties' rights and obligations will be
COIIS1:I'1Ed and enfurced as if the Cont:racl 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 will be deeIred inoperafue to the extent of the
conffict or modified to confurm to statutory requiremmts.
I ~14.7. Entire Agreement. The parties acknowledge that this Contract, including
.efe.".llced exhibits, is the coaple1e expression of their agreement regarding the Sllbject
I PUBLIC DEFE:<SEAGREE!\-1ENT ltEVISION#l
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matter of the contract. Any oral or written xepresentations or lIuckll'$lll,:.Jinll" ~
iucorpora1ed in the Contlact are specifica.1ly excllded.
I +4,9,14.8. Notices. AnynoticeswiIl be effective ifpersunally served upon the other party or
if mailed by registered or certified rmiI, return receipt requesflld. to the llddralses set out
in the <:ont1act replll"'\nlAfives provision of the CoutIact.. Notice may also be given by
lll""imile with the origiualto funow by regular mail. Notice will be deemed to be given
three days following the date of tmlln.g, or immediately ifpersoually served. For service
by .""ittDle,. serv.ice will be ",.rr.,1:i.e attlle begirmil1g of the next woPting day.
IN'wtlNP.SS wHEREoF:
Jeflilrson County and the Ceru1l.""lolmve signed this confl~t on the date noled;
,
JEFFERsON COUN'lY
CONIRACT SBRVICEPROVlDER
By:
Chairman
.
I>afe
By:
Title:
I>afe
A'ITIlST:
APPROVED,AS TO FORM ONLY:
Raim RaudaJI. I>afe
Deputy C1eJ:k of the Board
David Alvarez I>afe
Deputy Prosecuting Attorney
J PUBLIC DFFENSEAG""""""'T-REVlSION#l
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SCOPl!: OF SERVICES.
A General Description Contractor will provide legal representation in comp1iance with
C.baptez: 10.101 RCW and the Rules ofPro1ilssional Conduct to all indigent de1ilndanls
charged under OrdinR"""'I of the COUllty and City of Port Towmend, and the Jaws of
Washington Slate who qualify for appointed counsel as appointed bv the Cotnt. The
Contractor will provide legal representation in Superior Court, Juvenile Court and .
District Court for certain indigent defenders inclmmg:
. Adult Superior Court/Felony, including Drug Court;
. Juvenile and Family Court Offender and Civil watba:l, inchxling but not limited to
Juvenile offenders, Juvenile civil matters including youth at risk, juvenile truancy,
juvenile dependency, guardianship, and 1iunily support contempt, Topside; and
Family Therapeutic Court;
. Adult District CourtlMisdemeanant, including but not 1imited to persOIlS mced
with jai1lwle misden:eanor and traffic offenses ~mmitments or incarcerations,
and RAU appea& therefrom '
The Contractor will provide legal representation fur eligible de1llndan1s, from court
appo1ntmA1'It or SCt.,euiug through 1riaJ, se1llencmg, post-conviction review and violations,
and any appeall to SuperiorCotnt. Su:hcase& includ&domestic vio1encecases. The
Contractor, orsubcontractor ~fthe Cu.utu:a..tol,will provide criminal defense services at
in-custody bail bearings, and will be aw.ilab1e to talk and.meet with indigent defendants
in the Jefferson County Jai1 Said representation may be in person, or may include
telephonic or video proceedings.
This scope does !!!1! include:
. Civil matteIS ror which a person is not legally entitled to counsel as a matter of
law;
. Slate Office ofPublic DefuIlSe-funded adult representation in dependency cases;
. Cases in which the State seeks a special sentencing procedure pursuant to RCW
9.94A030(2$11l; 9.94A.~570. or RCW 10.95.040, or involves a gravely
serious offeIlSe, inclaJing, but not 1imited to, mtlI'der. sexually violent Dredator or
an lDlusually large number of defundants, as from a massive drug arrest, either 0 f
which might necessitate a disproportionately 1arge expenditure of attorney time
fur costs, not contemplated within this Contract
. Washington Appellate cases, except that as part of an existing case, the Contractor .
sball assist clients in filing N atite of Appeal and initiate the process by which an
apPll:lPl....te agency can arrange for appellate counseL
I PlJBLIC DEFENSEAGRmlENT- REVISION #1
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B. Caseload and Points Per Case.
Pursuant to the Points per Case table below, the Contractor will provide indigent defense fur
cases based ona 1D1al annual contmcted caseload point 'YlIlue of XXX in2011, YYY each
yeartbereafter. A "case" is defined as the fiIingofadocurmntwith the court naming a
person as defendant or respondent. to which a public defimse attorney is appointed in order to
provide representation
Type
i>omts per c:lI~e
(sCalllOf 400)
DISTRICl' COURT
w+nemmB
LOO
J1JV.KL'ilILE COURT
Itmmile Offimder
Itmmilepost-~
Open Juvenile
L(jl)
0.40
Itmmile SIatus Offemes
5.00
.2.00
.2.67 ~~~
0.67
c.mI C........nUtrn.mt &
Dmg Court
L60
The total annual contrac1ed caseload point 'YlIlue includes all cases assignad as specified in
1his Contnlct and subsequent contract, multiplied by their case-t}Ipe point values, and
snnm""" furthe r.elAntlaryear.
.!-Forporposes ofttacking caseload and cases above or below the caseJoad, the
weighted scale shown above (points per Casetsban be used to assign a point value to
each case
. ..vltere a ease saaR ae ashes Sj' iHeideat f~t~. fA siagle mar.iNl eBarted ,,~
sewsl eBeige5 arismg tam eae e.;em 'W8wa Be eel:mtea 8:5 8He ease e.;eB if;vri1:teB
sa t~'e er mere eitatieBS.
. Case count is defined by incident date. A sincle individual charRed with several
charReS wing from one event shall be counted as ore case for caseIoad IXackimy
I PUBLIC DEFENSEAGREEi\IENT-REVlSION#I
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((;1;1ll1f~~~~" '.."",~ .
~~~~"~.oIi);,d;_~~~~." _ f,:..:
,~~"'~,"~~", >, .
ourposes althourilithecharges are written On two or I1Dre.citatiO~AnV series of .
events that are charged under a silllde cause number shall be considered as one case
fur caseload trackin es altho the events ma have occurred on different
<_%'~' .....~""'=4"""'A"'>d........[. "'''''C'''~~.,~.
dates. ~~k~~~tit$nx~~J~~YLJI4~~!:(-'~,'":f;:"IJ:(J;h;~1
. A case is counted when the Comt screens the defendant fur eligibi1ity llDd appoints
the Con1raCtor, or the Jooge directly appoints the Contractor from the bench.
. f. ease sl3all He! Be eSllRtm:i er Billett if a aefe-A....... Bires sAter 8vnl attemey
. 4'\ia~. ease t:Bat reti-\li:es tl3s Ceittaeterte ~;dtWra"l.~ fi:am t:Bs ease as te the exi&te:ese
sf a se-.t1;st sl3all Bet Be eeaet:ea
. Ske1:1:ki tBs Ce..4-_eter VI...:+t..f-......,. at ~e reme..'ea Hem a ease 9s:feJ.:e uy suestaatial
",,:vaFk is aa aHeaa i:Jpsa the ease, tae ~9 seaR :eet Be e8..mte'~L
. Fele_xy eases f:l1at QF8 &4s~~sea w;':L.:" se"~-:a (7) days efmest skal:l:aet ee. eeuatea.
. !.di-j' ease t.Jm.treEil1ires a ee-tiRuaaee dlife te C9B:fi:aetet's ahsenee ef:1B:iltJfe te :fJFefJ8.I"a
saaR Bet ae ee,.r~el
. . In recOlroition of various CircUIIlltances which can cause the termination of the oublic
defense firm's reoresentation and/or the reapoointment of a oublic defense firm to
reoresent a oarticular defendant with resoect to a particular citation or cause number.
the :li>IIowing rules shall aooly to determine how much credit on the "points oer case
(scale of 400)" shaU be given to the firm or oersons oroviding the County with
indigent defense. This chart aoolies to anv of the fuUowing circumstances:
. Defundant hires his own attorney;
. Public defense firm must withdmw due to lien ethical conflict 0 f interest
. Public defense firm is temoved from a case; OR
. Public defense firm is reaooointed althollP'h oreviouslv ceased reoresentation after
earlier aooointment fur &alII: Defendant (tvoicaUv Defendant hired a orivate
attorney in between). , ..
FnIl Credit for
Poiiits rCase
SuccessfiI 1 Knanstead
1D)tion. anv suunression
motions ore-trial or trial
co leted
Readines;s comn leted
Successful Knanstead
nntion anY sunoression
tio s . t'
Fact-fmdio2 successful
KnaDstead motion or any
sunnression rmtions
co leted.
~~!F:et_~",~~.",~~~;~J;~~V$'lm.\ltb>
C. Screenirii'Determin.dinn of lrmgeneyfur eligibility fur appointed counsel fur this~<~
con1ract will be determined by the court. Should the Contractor dellawiue a defendant is .~'~ '.'
not eligible for assigned counse~ the Con1raCtor will so inform the court and move to
withdraw from the case.
~
R.llr Ci'editfo'r'
l'oiDtS. r
Comnletion ofOnmmns or
unsuccessful Knaostead
!!!!!i2!1.
Sunenor Court
redit for.
PoiDts r e .'
Initial anneamnce or
Amrirm ment
District Court
Initia 1 aoneamnce &
Hrrahm ment
( tleneratlv
s us
Initial annearance &
arraillnmmt (usuallv
occur at same time)
Pre.tria t orun successful
Knapstead motion
Juvenile
One or more ure-trial
conferences OR fu iled
KnaDstead motion
I Pt'BLlC DEFENSEAGREEl\IENT -REVlSJON#t
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D. Associated CoUllSel Any counsel associated with or employed by the Con1:ractor shall
have the authority 10 perform the services called 10r herein, and the Contrac1or xmy
employ associated counsel to assmt at the Contractor's expense. The Contractor and all
8SS9Ciated counsel hired p.ursuant to this section shan be admitted to pmctice law
pursuant 10 the rules of the Suprema Court of the State of Washington. Sufficient counsel
sbaII be provided 10 represent defendants during vacation, illnesses, and simul1aneous
~. in III018 than one courtroom
B. The Contractor shall maintain a secure and private office accessible to clients where Jmil
is received and process is served and confidentiality preserved in Port Towmend or the
'Jii..Area that will be open during regular bminess hours, said bours to be de1ermined by
ConIractor. The office shall be staffed by anailumey and a se.a,,!lIIY/paraIegaJ, who is
avaiIablefOr both office sqlpOrt and to assist the public inreterrals to other agencies, and
10r general consultation and advice. The Con1:ractor must maintain a phone with
answering service or equipment so they are accesSible 10 clients.
F. In addition, the office will provide an attorney to represent defendants at all applicable
court appearances. To assist in the sJroOth operation of the courts, the Contmctor's office
will provide counsel to represent detendants, even in the absence or unavailability of a
particular defendant's assigned counsel fbrscheduled court appeataDceS.
G. The Contractor shall have adequate sfa:If a'l'llilable to respond 10 emergency and non-
emergency calls 24 hours a day, 365 days a year. Such response is intended to satS:(y
requests' from arrested individual'l asserting their right to speak with counsel
H Twenty-Four HolD' TeJephol)e Access. The Codl...:tur shall provide and timely update as
necessary the leffmson County Iail and IefiCom911 Dispatch Center with the telephOne
nmnberornumbers at 'which the COnb.....toi can be reached 1Orc:riticaI-stage advice to
defendanls during the coume of police investigatiOtlS and!pr arrests twenty-1Our (24)
hours each day .T..~~...,. ~ , . -~Jillt"""""'~ila:tllilt'l:r=""'~~!~
.~~,.~!E~L._~~~'WI .- n , 1ij;~~",
~~~"~~~~~~~~f-~'tljtlm_'f<<~'~
L The Contractor will be available to appear in Court with the ckrl'enrI..nt
J. The Contractor shall not be assigned or accept a particular appointmlnt if it would create
a true bona fide confJict of interest or would otherwise constitute an actual violation of
any genemlIy recognized ethical or professionaI stands common and applicable to
. attorneys in the slate ofW ashington The Contmctor shall have the righ\ for good came,
to decline to advise or represent, and, with consent and agreement of the Court and
pursuant to Court rule, to withdraw from representing any pexson in any case referred or
assigned to the Contrac1or.
I
K. The Contractor shan separately manaee and account fur all revenues and exoenditures fur
invstigation: and sban be responsible for all expeuses and :tees fOr investigators utilized in
defense of cases assi~. County revenues fur investigations sball only be med fur tbat
ouroose. Anv investigation revenues from the County not utilized in one Year shall be
I n!BLIC DEFENSE AGREEMENT REVISION #1
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carried over and be added to investigation funds available fur use in the next. At the end
of services under the County contract any investigation revenues remaining shall be
returned to the County. . e1f6ept tThe Contractor may apply to the court, under
exceptional circUIUStl\JlCeS. for expert witness funds to be used fur investigative services,
subject to the approval of the court
1. Expert Witness, Investigator Fees. The CoUllty shall reimbUISe the Contractor for
reasol'lable expert witness and investigator fees if the court orders an expert witness upon
Irotion of the CoDtractor. The Contractor shall DOt incur expenses and lees for expert
witnesses without prior Court approval ptlISuanttoappJicabIe s1a1utes and Court rules.
M Disc:o'veIY Provided. The County shall provide to tbe Contractor at DO cost to the
Contractor or the defendant one (1) copy of all discoverable DBteriaIs concerniitg each
assigned case with the exception ofauiio and video tapes whichshall be made available
for iIlspection in accordance with rules for discoYeJY. The copy may be electronic or
printed. at the sole discretion of the Prosecutor.
N. Standards for Pwlic Defense Services. The CoDtractor shall comply with the standards
for public defense serviCes as adopted by the County by ordin~n,.~ pursUllllt to chapter
10.101 RCW. or as maybe adopted and required by the Washington State Supreme
C01Irt. The CODtractorshallslbmit anaflidavitto the CoUllty Clerk. stating tbat the
Contractor is in con:pJiance withsuchs1aIldards.
O. The Contmctor and associated coUDSeI will annually attend tminingapproved by the
Office ofPublic Defense. continuing legal education in areas relating 10 their pwlic
defense~:
P. Staffing LeveaThroughout the term of the contract, the Contractor nmst provide a
sufficient number of attorneys to adequately staff appEWl"jlllCe5 at Jefiilrson CoUllty
Superior. Juvenile and District Courts.
Q. Reporting. The CoIllractor shall file Ironthly reports with the County as an electronic
spreadsheet in Excel delineating each client the Conractor bas been appointed to
represent in the year to date. incb:ding but DOt limited to the _n_^tO), ehal:flllts), cause
number(s), type of case pursuant to this Contract, date of assignment. chargers )~ each
case's caseload points pursUllllt to this Contract, court, assigned defense attorney,
disposition, bench or jury triaL and whether an appeal was filed. The monthly reports are
due onorbefure the tenth (loth) day of each Ironth.
The Contractor shall also :file third and fuurth quarter reports including a detailed year-to-
date expenditure report in a format consistent with the financial pro furma swmit!ed as
part of the Contractor's proposal or as approved by the CoUllty; including, but not limited
to all personnel costs, overhead costs, rents and leases, and other costs directly associated
with the Contractor's office. a seoarate accounting of all revenues and exoenditures fur
investigative services and the amount to be carried over to the next year or returned to the
County at the conclusion ofthe contracted services. and a projected budget fur the next
I PLlILIC DEFENSE AGREEMENT REVISION #1
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year. The fourth q~er report shall also list fur each public defense attorney the number
and types of eases outside thilscope and the number ofoours bllled or caseload POin1S
eouivalen1S. The third and Rnnth quarter reports are due on or berore the tenth (10th) day
after the end of each quarter (October 10lh, Jant1ll1'y lolh).
R Expressly excluded fromthe scope ofserviceli ofthil contract between the Contractorand
Jeflilrson County is !U1Y le~ work the Contractor ImY undeI1ake in the civil arena for
persons it is representing on criminal matters. Such civil mI1ters may include. but are not
timitedto, legal representationreIating to landlord-tenant, liens not arising from the
criminal matter, f,llrni<<hl11A1tt. worker's compensation, bankruptcy and an other aspecIS of
civil law. This exclusion applies even in those circumstances where the criminal Imtter
is allegedly related to or conttected with the civil law assistance the public defense client
may seek or require.
S. In the eventofappointmmt involving cases in which the State seeks a special sentencing
procedure pursuant to RCW-9.94A030(~ll); 9.94A~570. or RCW 10,95,040, or
involv.es a gravely serious offense, including, but not limited to, murder. sexuallv violent
predator or an :unuiually.large number of defendants, as from a massive drug arrest, either
of whi:h might necessitate a disproportionately large expenditure of attorney time ror
COS1S, not contemplated within this Contract, the Cemmetel' Countvreserves the right to
~gotiate with Contractor cotnOensation for the case and/or teqll6sttllat the Court mav
appoint special cOUllSel at com expense and administtation.
I PUBLIC DEl'K'lSEAGREEMENT RE\'SIONHl
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EXBIBT B
COMPENSATION
A The Contractor agrees to perfumt the services listed herein and comply with all Contnwt
terms and cOnditions for ll11 annual payment in 2011, 2012 and 2013 as funows:
Fee Schedule " '..... ..,..'2(111.....'.... >.'. ','. ',.'.'2012.. . '.. . '. , " 2013
I.... I. .... '....... .", janwirYl~i>eCeiDbei 31
8 . .' ':M:arehl~Decembet31 Januaty'l-DeceJliber 31
Annual Caseload XXX caseload points YYY caseload points YYY caseload points
Points !.
AnttuaI. Cost: Annual cost: AnttuaI. cost: AnttuaI. cost:
$ $ $
Nun:ber of Attorney
FTEs assimed
In addition to and above the costs in the table above. the County shan nav Contmctor fur
investigative services for each year sufficient for each of the caseloads as fullows:
Invests:i!!atlons . .... 2011 '." ., 2012 " ,2013 . .
....,... "...--.-.,'" : :T9~D9~ 1_lletEmbef 31 .YanUa" ~m1ier31
Fee Schedule. _:iI.~ftti,1_ne~lP~r31:_ .
.> .:c-, "',
'. .... . ,: . ..', . .".... "
..
Cost ofInvestiga tive Annual cost: Annual cost: Annual cost:
Services : $ $ $
Number oflnvestigator
FIBs assilmed:
The public derensefirm shall semirately manage and account fur all revenues and
exoenditures fur investigation: and shall be resoonsible fur all exoenses and fues for
investi9:ators utilized mdefense of cases assigned. Countvrevenues for investil!:ations may
only be used fur that PurPose. Any inyestil!:ation revenues from the County not utilized in
one year shall be carried over and be added to investil!:ation funds available fur use in the
next At the end of services under this Contract. any investil!:ation revenues remaininl!: shall
be returned to the County within 30 days. Thenublic derense firm may apply to the court.
under excePtional circumstances. fur exoert witness funds to be used fur investil!:ative
services. subiect to the approval of the court.
COIq)eDSation shall be xmnthly calculated atll12th of a flat annual :tee. No additional fees,
costs, charges, telephone fees, pamlegal fees, delivery :tees, or any other reimbnrsable
expenses will be allowed
A xmnthly billing statement sbaIl be submitted in the furm specified by the County and
P":Y uw.Ot shall be reviewed fur approval by the appropriate County representative. payment
shall be made on a monthly basis, thirty (30) days after receipt of sueh billing stateIDilnt
I PIJBUC DEFENSEAGREEiIHNT-REVISION#l
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The CoIllractor shall be responsible :lbr complying with applicable standards at their sole
cost, lIlI1ess mutuaIly agreed to by the Contmctor and the Countr. .
B. Aclj11'ltmen1s fur Contmcted Caseload. The Contmctoi shall give the COUllty Administrator 30
days notice of potential :lbr eXl'AAdingthe tolalllnnllal contracted case10ad point value. The
to1al annual contracted caseload point value includes an cases assigl1ed as specified in this
CODIrect aiuJ subsequellf contracts, multiplied by their case-type point values, and snmrnP.d
fur the calendar ear. ^ . '. -,,-. '. "..
y ..~...' ........ ..... ""
,~_...- , - ''I'- - -."'" ~'~""- .~- '" -,-:-:'-'''-'''0 ....~_. _......_:~ '\$~
~..~~~.""'_.~_-_J'j.~.".'c_< ':"'--", .",....~=.~_.."... .-.' .~ '. ':-_~,~..,J;s,.:'_-.'"',"_...."j' .....",._," '~'_'.r
.~ilV~"JJIt shall be the determination of the countr AdmltiiStratOr as 10 whether-the
to1al conlracted CaSeIoad point value is exceeded. CaSeS exc""..1ing the tolaI annual contracted
caseload poirit vaJ:ae will be compensated based on their point vaJ:ae and the firm's average
coSt per point in that year. Foradditi()nal cases, the County Administrator nay alsoeltber: 1)
assign alternate counsel(via the judges); or 2) execute a service agreement.with an additional
. :=~to:3:=-load pom va1ue for anyone year is less tmn%the to1al
annml contracted pomvalue fur that year. the contracted case10ad and coIqlellSation for the
succeeding year shall be decreased proportiona1ely.
ShOuld the City ofPort Townsend withdraw :!tom having Jeflerson CoUllty pro'ridll fur
indigent de1imse for mnnicipal cases in Dislrict Court. the DisIrict Court caseIoad points and
co~on -qnder this Contract shall be revised proportionately fur the remainder oftbat
year and in fultowing years.
In the eventofanoointment involving cases in which the State seeks a soecial sentencing
nrocedure nursuant to RCW 9.94A030(33); 9.94A570.or RCW 10.95.040. or involves a .
gravely serious offense. including. but not limited to. murder. sexuallv violent nredator or an
unusuallv large nnmher ofderendants. as from a massive dnw: arrest either of which might
necessitate a disorooortionatelv large exoenditure of attornev time fur costs. not
contemolated within this RFP. the Coimtv reserves the right t~gotiate with the
Contractor comoensation for the case and/or the Court may anooint soecial counsel at court
exoense and administration.
C. Invoicing'
Invoices shall be monthly and may be submitted the month immediately preceding each
month of work to bepertbrmed. Invoices shall be submit1edto the County AdminiRtratoI'S
Office located at 1820 Jefferson Street, P.O. Box 1220, Port TOWIISend, W A 98368. Invoice
amounts shall be 1/12 the annual contract amount The Conoly shall pay all va1id invoices
lISing its normal bill paying process.
I PUBLIC DEFENSE AGREEMENT REVISION#l
18ofP-18