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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
FROM:
Philip Morley, County Administrator
DATE:
February 22, 2011
RE:
Contract for Public Defense Services; Jefferson Associated Counsel
STATEMENT OF ISSUE:
Board of County Commissioner approval is requested for a contract with Jefferson Associated
Counsel to provide indigent defense from March 1, 2011 through December 31, 2013.
Commissioners were briefed about the open competitive request for proposals and subsequent
evaluation process on February 14, 2011, and adopted a motion confirming the selection of
Jefferson Associated Counsel for contract negotiation.
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.
Four proposals were submitted by law firms on January 28, 2011. A county panel evaluated the
proposals based on the written submittals and interviews with all four firms, and the proposal of
Jefferson Associated Counsel, the County's present public defender, scored highest.
Staff evaluated the merits of splitting the contract between two firms, and recommended
awarding the entire contract to the one most qualified firm - Jefferson Associated Counsel. The
Board of County Commissioners adopted a motion on February 14,2011 confirming the
selection for contract negotiations. Negotiations are now complete.
FISCAL IMPACT:
As proposed by Jefferson Associated Counsel, the cost of indigent defense would be:
2012
January k
D~~ell1ber 31
Annual cost:
$ 472,995
Annual cost:
$ 32,856
$ 505,851
2013
JanuaryJ-
December 31
Annual cost:
$ 493,624
Annual cost:
$ 33,164
$ 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 non-departmental budget.
RECOMMENDATION:
Staff recommends that the Board make a motion approving the proposed contract with Jefferson
Associated Counsel.
2//8';//
Date
PUBLIC DEFENSE AGREEMENT
By and Between
JEFFERSON ASSOCIATED COUNSEL
And
JEFFERSON COUNTY
Purpose: The purpose of this Agreement is to provide mandated legal defense services to
eligible persons charged with offenses or at risk of a loss of liberty or liberty interest in the
courts of Jefferson County.
Parties: This Contract for Professional Services (the Contract) is entered into by Jefferson
County, a political subdivision and municipal corporation of the State of Washington, having its
principal offices at P.O. Box 1220, Port Townsend, W A 98368 (hereinafter "County") and
Jefferson Associated Counsel, a non-profit corporation having its principal offices at 333
Benedict Street, Port Townsend, W A 98368 (hereinafter "Contractor").
SECTION 1.
PERIOD OF PERFORMANCE
1.1 The Contract will become effective on March 1,2011, and terminate on December 31,
2013; and may be renewed for up to two additional one-year terms by mutual agreement by
the parties. In no event wiiI any extension of the Contract become effective unless and until
it is approved and executed by the Jefferson County Board of Commissioners. The
contractor will notify the County of their desire to renew the contract six months before its
expiration.
1.2 In the event that the date of termination of the contract passes without the parties' execution
of a similar contract or the County has not selected another Firm, then the contract shall
remain in force for 60 days, during which time monthly payments shall be paid at 1I12th the
last annual contract amount.
1.3 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
1.2 or 1.3, whichever is later, and the County shall compensate the public defense firm at a
reasonable fee established by the Court for said outstanding cases.
SECTION 2.
SERVICES TO BE PROVIDED
2.1 A description of the services to be performed by the Contractor is set forth in Exhibit A:
Description of Services, which is attached to the Contract and incorporated by this
reference.
2.2 The Contractor agrees to provide its own labor and materials. Unless otherwise provided
for in the Contract, no material, or labor will be furnished by the County.
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2.3 The Contractor will perform the work specified in the Contract according to standard
industry practices and in conformity with state law.
2.4 The Contractor will complete its work in a timely manner and in accordance with the
schedule agreed to by the parties.
2.5 The Contractor will prepare and present status reports and other information that may be
pertinent and necessary, or as may be requested by the County.
SECTION 3.
CONTRACT REPRESENTATIVES
3.1 The County and the Contractor will each have a contract representative. A party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
COUNTY
Jefferson County
Philip Morley, County Administrator
1820 Jefferson Street
P.O. Box 1220
Port Townsend, W A 98368
(360) 385-9100
nmorlev@co.iefferson.wa.us
PUBLIC DEFENDER
Jefferson Associated Counsel
Richard Davies, Director
333 Benedict Street
Port Townsend, W A 98368
(360) 385-5613
iac@olvmnus.net
SECTION 4.
COMPENSATION
4.1 A description of the compensation to be paid to the Contractor is set forth in Exhibit B:
Compensation, which is attached to the Contract and incorporated by this reference.
4.2 Except as specifically allowed herein, the total amount payable under the Contract by the
County to the Contractor in no event will exceed:
. Four Hundred Eight Thousand Four Hundred Fifty Three Dollars ($408,453.00)
in 2011,
. Five Hundred Five Thousand Eight Hundred Fifty One Dollars ($505,851.00) in
2012, and
. Five Hundred Twenty Six Thousand Seven Hundred Eighty Eight Dollars
($526,788.00) in 2013.
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4.4 The Contractor will be paid only for work expressly authorized in the Contract.
4.5 The Contractor will not be entitled to payment for any services that were perfonned prior
to the effective date of the Contract or after its tennination, unless a provision of the
Contract expressly provides otherwise.
4.6 If the Contractor fails to perfonn any substantial obligation and the failure has not been
cured within 20 business days following notice from the County, the County may, in its
sole discretion and upon written notice to the Contractor, withhold all monies due the
Contractor, without penalty, until such failure to perfonn is cured.
4.7 At the end of services under this Contract, any investigation revenues remaining with the
Contractor shall be returned to the County within 30 days.
SECTION 5.
AMENDMENTS AND CHANGES IN WORK
In order to be effective, any Contract renewal, amendment or modification must be in writing, be
signed by both parties and be attached to the Contract.
SECTION 6.
HOLD HARMLESS AND INDEMNIFICATION
The Contractor 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 Contractor's negligence or breach of any of its obligations
under this Agreement; provided that nothing herein shall require the Contractor 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 Contractor's
agents or employees; and, (b) the County, its officers, employees and agents, this indemnity
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 Contractor's negligence, or the negligence of the Contractor's agents or employees.
The Contractor's obligations under these provisions include, but are not limited to, investigating,
adjusting and defending all claims alleging loss from action, error or omission, or breach of any
common law, statutory or other delegated duty by the Contractor, the Contractor's employees,
agents or subcontractors.
The Contractor specifically assumes potential liability for actions brought against the County by
the Contractor's employees, including all other persons engaged by it to perfonn any work or
service required of the Contractor under this agreement wherein payment for such work or
services is sought; and, solely for the purpose of this indemnification in defense, the Contractor
specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The
Contractor recognizes that this waiver was specifically entered into pursuant to provisions of
RCW 425.115 and was subject of mutual negotiation.
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SECTION 7.
INSURANCE
7.1. The Contractor shall obtain and keep in force during the term of the contract, or as
otherwise required, 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 shall
cover the activities specified in or performed under this Contract.
A Professional Liability and Management Errors and Omissions Insurance with
coverage of not less than $1 million per occurrence. The coverage will apply to
liability for a professional error, act or omission arising out of the Contractor's
services under the Contract. The coverage will not exclude bodily injury or property
tJllmllge. The coverage will not exclude hazards related to the work rendered as part
of the Contract.
B. Worker's Compensation and Emplover's Liability. The Contractor will maintain
workers' compensation insurance as required by Title 51, Revised Code of
Washington, and will provide evidence of coverage to the Jefferson County Risk
Management Division. If the Contract is for over $50,000, then the Contractor will
also maintain employer liability coverage with a limit of not less than $1 million.
C. Commercial Automobile Liability Insurance providing bodily injury and property
tJllmllge 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 Mi1lion
Dollars ($1,000,000) per occurrence. The aggregate limit will be at least $2 million.
Coverage will include owned, hired and non-owned automobiles.
D. General Commercial Liability Insurance in an amount not less than a single limit of
one million dollars ($1,000,000.00) per occurrence and a aggregate ofnot 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. The insurance coverage shall include the following minimum
coverages:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability, including: completed
operations;
iv. Premises - Operations Liability (M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractna1 Liability.
vii. Personal InjurylProperty Damage Liability, arising out of the use of
non-owned vehicles for business purposes.
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7.2. Miscellaneous Insurance Provisions.
A. The Contractor's liability insurance provisions will be primary with respect to any
insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees and agents.
B. The Contractor's commercial general liability insurance and automobile liability
insurance will include the County, its officers, officials, employees and agents
with respect to performance of services.
C. The Contractor's commercial general liability insurance and automobile liability
insurance will contain no specific limitations on the scope of protection afforded
to the County as an additional insured.
D. Any failure to comply with reporting provisions of the policies will not affect
coverage provided to the County, its officers, officials, employees and agents.
E. The Contractor's insurance will apply separately to each insured against whom
claim is made or suit is brought, subject to the limits of the insurer's liability.
F. The Contractor will include all subcontractors as insurers under its policies or will
furnish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors will be subject to all of the requirements stated in
these provisions.
G. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor are they limitations
on indemnification.
H. The Contractor will maintain all required policies in force from the time services
commence until serVices are completed. Certificates, policies and endorsements
scheduled to expire before completion of services will be renewed before
expiration. If the Contractor's liability coverage is written as a c1aims-made
policy, then the Contractor must evidence the purchase of an extended-reporting
period or "tail" coverage for a three-year period after completion of the services.
1. Proof that said insurance requirements have been and are being satisfied by the
Contractor shall be kept current by the Contractor
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7.3. Verification of Coverage and Acceptability of Insurers.
A. The Contractor will place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-
VII, with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or reinsurers licensed in the State of Washington.
B. The Contractor will furnish the County with properly executed certificates of
insurance or a signed policy endorsement which will clearly evidence all
insurance required in this Section within 10 days after the effective date of the
Contract. The certificate( s) will, at a minimum, list limits of liability and
coverage. The certificate(s) will provide that the underlying insurance contract
may not be canceled, or allowed to expire, except on 30-days' prior written notice
to the County. Any certificate or endorsement limiting or negating the insurer's
obligation to notify the County of cancellation or changes must be amended so as
not to negate the intent of this provision.
C. The Contractor will furnish the County with evidence that the additional-insured
provision required above has been met Acceptable forms of evidence are the
endorsement pages of the policy showing the County as an additional insured.
D. Certificates of insurance will show the certificate holder as Jefferson County and
indicate "care of' the appropriate County's contract representative. The address
of the certificate holder will be shown as the current address of the appropriate
County office or department
E. If applicable, the Contractor will request that the Washington State Department of
Labor and Industries, Workers Compensation Representative, send written
verification to Jefferson County that the Contractor is currently paying workers'
compensation.
F. Written notice of cancellation or change will be made to the County at the
following address:
Jefferson County
Philip Morley, County Administrator
1820 Jefferson Street
P.O. Box 1220
Port Townsend, W A 98368
G. The Contractor or its broker will provide a copy of all insurance policies specified
in the Contract upon request of the Jefferson County Risk Manager.
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SECTION 8.
TERMINATION
8.1. In the event that the date of termination of the contract passes without the parties'
execution of a similar contract or the County has not selected another firm, then the
contract shall remain in force for 60 days, during which time monthly payments shaJI be
paid at 1/12th the last annual contract amount.
8.2. The Contractor 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 Contractor, the Contractor will not be obligated to
continue representing cases beyond thirty (30) days after termination on December 31,
2013 or pursuant to subsection 8.1., whichever is later, and the County shall compensate
the Contractor at a reasonable fee established by the Court for said outstanding cases.
8.3. If the County confronts a significant reduction in revenues for the Contract, and the
Board of County Commissioners determines and adopts a finding that a financial
emergency exists within the General Fund, in meeting its constitutional obligation to
provide for indigent defense, the County may reopen the Contract for renegotiation
notwithstanding any other termination provision in the Contract. Failure to reach mutna1
agreement upon renegotiation shaJI be grounds for the County to terminate the Contract.
8.4. The Agreement may be terminated, upon thirty (30) days written notice for any material
breach of any of the terms of the agreement by either party. After receipt of notice, and
before termination, the party in default may cure the defect, in which case the agreement
shall continue in force for the full term. The COUNTY shaJI pay a pro-rated share of the
agreed funding upon termination based upon the balance of time remaining in the term
unless otherwise negotiated. Upon such termination, the County, at its discretion, may
obtain performance of the work elsewhere, and the Contractor will bear all costs and
expenses for all damages sustained by the County by reason of the Contractor's breach.
SECTION 9.
ASSIGNMENT, DELEGATION AND SUBCONTRACTING
9.1 The Contractor will perform under the Contract using only its bona fide employees or
agents, and the obligations and duties of the Contractor under the Contract will not be
assigned, delegated or subcontracted to any other person or firm without the prior express
written consent of the County.
9.2 The Contractor warrants that it has not paid, nor has it agreed to pay, any company,
person, partnership or firm, other than a bona fide employee working exclusively for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of the Contract.
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SECTION 10.
INDEPENDENT CONTRACTOR
10.1 The Contractor's services will be furnished by the Contractor as an independent
contractor and not as an agent, an employee or a servant of the County. The Contractor
specifically has the right to direct and control Contractor's own activities in providing the
agreed services in accordance with the specifications set out in the Contract. The
Contractor shall perform the contracted work. Any designee shall have prior County
approval to substitute for the contracted representative.
10.2 The Contractor acknowledges that the entire compensation for the Contract is set forth in
the compensation provisions of the Contract and the Contractor. is not entitled to any
County benefits, including, but not limited to: vacation pay; holiday pay; sick leave pay;
medical, dental or other insurance benefits; fringe benefits; or any other rights or
privileges afforded to Jefferson County employees.
10.3 The Contractor will have and maintain complete responsibility and control over all of its
subcontractors, employees, agents and representatives. No subcontractor, employee,
agent or representative of the Contractor will be or be deemed to be, or act or purport to
act, as an employee, agent or representative of the County.
SECTION 11.
NONDISCRIMINATION
The Contractor, its assignees, delegates or subcontractors will not discriminate against any
person in performance of any of its obligations under the Contract on the basis of race, color,
creed, religion, national origin, age, sex, marital status, veteran status or the presence of any
disability.
SECTION 12.
DISPUTES
Differences, disputes and disagreements between the Contractor and the County arising under or
out of the Contract will be brought to the attention of the County at the earliest possible time so
that the matter may be settled or other appropriate action promptly taken. Any dispute relating to
the quality or acceptability of performance or compensation due the Contractor will be decided
by the County Administrator. All rulings, orders, instructions and decisions of the County
Administrator will be fina1 and conclusive. Solely for the purposes of this Contract, the County
and the Contractor agree that any judicial appeal of the County Administrator's decision shall be
governed both procedurally and substantively by RCW 34.05.510 et seq., also known as the
Administrative Procedures Act, except that the State of Washington need not be named as a
respondent or served pleadings in such a judicial action.
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SECTION 13.
CHOICE OF LAW, JURISDICTION AND VENUE
13.1 The Contract will be construed as having been made and delivered within the State of
Washington, and it is agreed by each party that the Contract will be governed by the laws
of the State of Washington, both as to its interpretation and performance.
13.2 Any action of law, suit in equity or other judicial proceeding arising under or out of the
Contract may be instituted and maintained only in Superior Court for Jefferson County.
SECTION 14.
MISCELLANEOUS
14.1. No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver
of any provisious of the Contract, does not constitute a waiver of such provision or future
performance, or prejudice the right of the waiving party to enforce any of the provisions
of the Contract at a later time.
14.2. Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees
(including licensing fees) and other amounts including, but not limited to, the employer's
portion of any taxes that arise from compensation owed or paid to employees, agents or
representatives of the Contractor or are otherwise mandated by Title 26 D.S.C.
14.3. Legal Compliance. The Contractor and its subcontractors, employees, agents and
representatives will comply with all applicable federal, state and local laws, rules and
regulations in their performance under the Contract.
14.4. Records Inspection and Retention. The County may, at reasonable times, inspect the
books and records of the Contractor relating to the performance of the Contract. The
Contractor will retain for audit purposes all Contract-related financial and caseload point
records for at least six years after termination of the Contract or pursuant to state record
retention standards, whichever is longer.
14.5. Successors and Assigns. The County, to the extent permitted by law, and the Contractor
each bind themselves, their partners, successors, executors, administrators and assigns to
the other party to the Contract and to the partners, successors, administrators and assigns
of such other party in respect to all covenants to the Contract.
14.6. Severability. If a court of competent jurisdiction holds any provision of the Contract to
be illegal, invalid or unenforceable, in whole or in part, the validity of the remAining
provisions will not be affected, and the parties' rights and obligations will be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
If any provision of the Contract conflicts with any statutory provision of the State of
Washington, the provision will be deemed inoperative to the extent of the conflict or
modified to conform to statutory requirements.
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14.7. Entire Agreement. The parties acknowledge that this Contract, including referenced
exhibits, is the complete expression of their agreement regarding the subject matter of the
contract. Any oral or written representations or understandings not incorporated in the
Contract are specifically excluded.
14.8. Notices. Any notices will be effective if personally served upon the other party or if
mailed by registered or certified mail, feturn receipt requested, to the addresses set out in
the contract representatives provision of the Contract. Notice may. also be given by
facsimile with the original to follow by regular mail. Notice will be deemed to be given
three days following the date of mailing, or immediately if personally served. For service
by facsimile, service will be effective at the beginning of the next working day.
IN WITNESS WHEREOF:
Jefferson County and the Contractor have signed this contract on the date noted:
JEFFERSON COUNTY
By:
Chairman
Date
~\
Date
ATfEST:
APPROVED AS TO FORM ONLY:
Raina Randall Date
Deputy Clerk of the Board
/Ju,J & ;fi~",. 1/
David Alvarez D
Deputy Prosecuting Attorney
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EXHIBIT A
SCOPE OF SERVICES.
A. General Description. Contractor 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 as appointed by the Court. The
Contractor 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 Court/Misdemeanant, including but not limited to persons faced
withjailable misdemeanor and traffic offenses commitments or incarcerations,
and RALJ appeaIs therefrom.
The Contractor 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
Contractor, or subcontractor of the Contractor, will provide criminaI 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, sexuaI1y 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 Contract
· Washington Appellate cases, except that as part of an existing case, the Contractor
shall assist clients in filing Notice of Appeal and initiate the process by which an
appropriate agency can arrange for appellate counsel.
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B. Case1000 and Points Per Case.
Pursuant to the Points per Case table below, the Contractor will provide indigent defense for
cases based on a total annual contracted case1000 point value of 1,292 in 2011, and 1,550
each year thereafter.
Type
Points per
Case
scale of 400
DISTRICT COURT
Misdemeanors pre-judgment,
& RALJ appeals
Misdemeanors post-judgment
1.00
0.25
JUVENILE COURT
Juvenile Offenders re-judgment
Juvenile Offenders ost-:iudgment
o Juvenile D ndency
Juvenile Status Offenses
1.60
0.40
5.00
2.00
2.67
0.67
1.60
The total annual contracted caseload point value includes all cases assigned on or after March
1,2011 and January 1 each year thereafter, as specified in this Contract and subsequent
contract, multiplied by their case-type point values, and summed for the calendar year.
. For purposes of tracking case1000 and cases above or below the case10ad, the
weighted scale shown above (points per Case) shall be uslJd to assign a point value to
each case
. A "case" is defined as the filing of a document with the court naming a person as
defendant or respondent, to which a public defense attorney is appointed in order to
provide representation. .
· Case count is defined by incident date. A single individual charged with several
charges arising from one event shall be counted as one case for case1000 tracking
purposes although the charges are written on two or more citations, uuless the charges
are severed for trial. Any series of events that are charged under a single cause
number shall be considered as one case for case1000 tracking purposes although the
events may have occurred on different dates, uuless the charges are severed for trial.
· A case is counted when the Court screens the defendant for eligibility and appoints
the Contractor, or the Judge directly appoints the Contractor from the bench.
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· 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).
VENUE . One-Fifth Credit Half Credit for Full Credit for
for Points per. Case Points per Case
Points Der Case
Superior Court Up to and including Up to and including Upon successful
initial appearance or completion ofOmmbus or dispositive motion, any
arraignment unsuccessful dispositive suppression motions, pre-
motion trial or trial completed
District Court Up to and including Up to and including pre- Upon readiness completed,
initial appearance & tria1 motion or successful dispositive
arraignment unsuccessful dispositive motion, any suppression
(generally motion motions, pre-trial or tria1
I SYnonvmous) comoleted
Juvenile Up to and including Up to and including one or Upon fact-finding,
initia1 appearance & more pre-trial conferences successful dispositive
arraignment (usually OR failed dispositive motion, or any suppression
occur at same time) motion motions completed.
In any event, if the public defense firm's attorneys have done no work on the case, no
points shall be counted.
C. Screening. Determination of indigency for eligibility for appointed counsel for this
contract will be determined by the court Should the Contractor determine a defendant is
not eligible for assigned counsel, the Contractor will so inform the court and move to
withdraw from the case.
D. Associated Counsel. Any counsel associated with or employed by the Contractor shall
have the authority to perform the services called for herein, and the Contractor may
employ associated counsel to assist at the Contractor's expense. The Contractor and aI1
associated counsel hired pursuant to this section shall be admitted to practice law
pursuant to the rules of the Supreme Court of the State of Washington. Sufficient counsel
shall be provided to represent defendants during vacation, illnesses, and simultaneous
settings in more than one courtroom.
PUBI.IC DEFENSE AGREEMENT FOR2011-2013_JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUN'IY
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E. The Contractor shall maintain a secure and private office accessible to clients where mail
is received and process is served and confidentiality preserved in Port Townsend or the
Tri-Area that will be open during regular business hours, said hours to be determined by
Contractor. 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 Contractor must maintain a phone with
answering service or equipment so they are accessible to clients.
F. In addition, the office will provide an attorney to represent defendants in conformity with
CrRLJ 3.1 and CrR 3.1. To assist in the smooth operation of the courts, the Contractor'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 Contractor shall have adequate staff available to respond to emergency and non-
emergency calls 24 hours a day, 365 days a year. Such response is intended to satisfy
requests from arrested individuals asserting their right to speak with counsel.
H. Twenty-Four Hour Telephone Access. The Contractor shall provide and timely update as
necessary the Jefferson County Jail and JeffCom 911 Dispatch Center with the telephone
number or numbers at which the Contractor can be reached for critical-stage advice to
defendants during the course of police investigations and/or arrests twenty-four (24)
hours each day.
1. The Contractor will be available to appear in Court with the defendant.
J. The Contractor shall not be assigned or accept a particular appointment if it would create
a true bona fide conflict of interest or would otherwise constitute an actoaI violation of
any generally recognized ethical or professional stands common and applicable to
attorneys in the state of Washington. The Contractor shall have the right, for good cause,
to decline to advise or represent, and, with consent and agreement of the Court and
pursuant to Court rule, to withdraw from representing any person in any case referred or
assigned to the Contractor.
K. The Contractor 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 shall 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 Contractor 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.
POBUC DEFENSE AGREEMENT FOR20ll-2013-.JE!IP'ERSON ASSOCIATED COlJNSEL AND JEFFERSON COVN'IY
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L. Expert Witness, Investigator Fees. The County shall reimburse the Contractor for
reasonable expert witness and investigator fees if the court orders an expert witness upon
motion of the Contractor. The Contractor shall not incur expenses and fees for expert
witnesses without prior Court approval pursuant to applicable statutes and Court rules.
M Discovery Provided. The County shall provide to the Contractor at no cost to the
Contractor or the defendant one (1) copy of all discoverable materials concerning each
assigned case with the exception of audio and video tapes which shall be made available
for inspection in accordance with rules for discovery. The copy may be electronic or
printed, at the sole discretion of the Prosecutor.
N. Standards for Public Defense Services. The Contractor shall comply with the standards
for public defense services as adopted as guidelines by the County by Ordinance No. 04-
0323-09 or subsequent County ordinance adopted pursuant to chapter 10.101 RCW, or as
may be adopted and required by the Washington State Supreme Court. The Contractor
shall submit an affidavit to the County Clerk, stating that the Contractor is in compliance
with such standards.
. O. The Contractor 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 Contractor must provide a
sufficient number of attorneys to adequately staff appearances at Jefferson County
Superior, Juvenile and District Courts.
Q. The County has been awarded a State Office of Public Defense (OPD) Public Defender
Improvement Grant for 2011, and anticipates similar grants each year thereafter. Under
this Contract, Contractor is a subrecipient and staffing levels in this Contract include
eight (8) attorney hours per week and twenty (20) investigator hours per week, which
constitute public defender improvements and which shall comply with Washington State
Office of Public Defense County/City Use of State Public Defense Funding (as amended
June 2008) attached as Exhibit C, or as subsequently amended thereafter by the OPD.
R. Reporting. The Contractor 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 Contract, date of assignment, charge(s), each case's caseload points
pursuant to this Contract, court, assigned defense attorney, disposition, bench or jury
tri~ and whether an appeal was filed. The monthly reports are due on or before the tenth
(10 ) day of each month.
The Contractor shall also file third and fourth qnarter reports including a detailed year-to-
date expenditure report in a format consistent with the financial pro forma submitted as
part of the Contractor's proposal or as approved by the County; including, but not limited
to all personnel costs, overhead costs, rents and leases, and other costs directly associated
PUBLIC DEFENSE AGREEMENT FOR2:OJ1-2013-JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNIY
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with the Contractor'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 sball also list for each public defense attorney the nwnber
and types of cases outside this scope and the nwnber of hours billed or caseload points
equivalents. The third and fourth quarter reports are due on or before the tenth (1 O~ day
after the end of each quarter (October 10th, January 10th).
S. Expressly excluded from the scope .of services of the contract between the Contractor and
Jefferson County is any legal work the Contractor may undertake in the civil arena for
persons it is representing on criminal matters. Such civil matters may include, but are not
limited to, legal representation relating to landlord-tenant, liens not arising from the
criminal matter, garnishment, worker's compensation, bankruptcy and all other aspects of
civil law. This exclusion applies even in those circumstances where the criminal matter
is allegedly related to or connected with the civil law assistance the public defense client
may seek or require.
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 nwnber 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 Contract, the County reserves the right to negotiate with
Contractor compensation for the case and/or the Court may appoint special counsel at
court expense and administration.
PVBUC DEFENSE AGREEMENT FOR 2tlll- 2tJ13-JEFF'ERSON ASSOCIATED COUNSEL AND JEFFERSON COUNT\'
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EXHIBT B
COMPENSATION
A. 1. The Contractor agrees to perform the services listed herein and comply with all Contract
terms and conditions for an annuaI payment in 2011, 2012 and 2013 as follows:
Fee Schedule 2011 2012 2013
March I-December 31 January I-December 31 January I-December 31
Annual Caseload 1,292 caseload points 1,550 caseload points 1,550 caseload points
Points
Annual Cost: $ 381,812.00 $ 472,995.00 $ 493,624.00
Attorney FTEs 3.75 FTEs annualized 3.75 FTEs annualized 3.75 FTEs annualized
assigned
In addition to and above the costs in the table above, the County shall pay Contractor for
investigative services for each year sufficient for each of the caseloads as follows:
"--------- ___ ...-.~_ ~_ ________ _ "_'W". - .~ -..-.- ---.-...- -.--_.-.- -.._-.
Investigations 2011 2012 2013
Fee Schedule March I-Decemher 31 January I-December 31 Jannary I-December 31
. -. .. ---- .._.-.-.--...._-- ~.._' ... n_ ".' ____u -._.-- _..._, '._'__"u - .-- - _n ~ ----- - _..._~
Investigative $ 26,641.00 $ 32,856.00 $ 33,164.00 .
Services Cost:
Investigator FTEs 0.75 FTEs annualized 0.75 FTEs annualized 0.75 FTEs annnali71'(/
assigned:
CONTRACT 2011 2012 2013
TOTAL March I-December 31 January I-December 31 January I-December 31
Total Cost: $ 408,453.00 $ 505,851.00 $ 526,788.00
2. 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 this Contract, any investigation revenues
remaining shall be returned to the County within 30 days. 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.
3. Compensation shall be monthly calculated at lI12th of a:flat annual fee. No additional
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.
PUBLIC DEFENSE AGHEEMENT FOR2nII -2013-JEFFERSON ASSOCL\TED COUNSEL AND JEllFERSON COUNTY
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4. The Contractor shall be responsible for complying with applicable standards at their sole
cost, unless mutually agreed to by the Contractor and the County.
B. Adjustments for Contracted Caseload. The Contractor 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
Contract and subsequent contracts, multiplied by their case-type point values, and summed
for the calendar year. 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 case10ad point value will be compensated based on their point value and the firm's
average cost and average investigation cost per point in that year. For additioual cases, the
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 actual 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 under this Contract shall be revised proportionately for the remainder of that
year and in following years.
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 nmnber of defendants, as from a massive drug arrest, either of which might
necessitate a disproportionately large expenditure of attorney time for costs, not
contetnplated within this RFP, the County reserves the right to negotiate with the Contractor
compensation for the case and/or the Court may appoint special counsel at court expense and
admini!ltration.
C. Invoicing.
Invoices shall be monthly and may be submitted the month immediately proceeding 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.
PUBUC DEFENSE AGREEMENT FQR 2011-2l.l13-JEF.FERSON ASSOCIATED COUNSELAND JEFFERSON COllNI'Y
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WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
r- ~ COUNIY/CITY USE OF STATE PUBliC DEFL~SE FlJr''DING --~-~-i
L,_______~_~_mnl,.nE~d Jun~ 2lljl81 J
State funds cIi.sbmsed to nmnti"" and cities PWl>...wt to Chapter 10.101 RCW cannot be
used to su:pplant local funds that were being spent on public dPi'Pn.... services prior to the
initial disb.a~ of Slate funds. State funds IIIIlSt be spent to Wqnuvc_the ~ of
legal t"l"~.I"I;nu directly received byindigeot dPi'PntI2nR, The funds cannotbe spent
on purely "dmftri_IJam,c ftmrn""". Following are gpi"plm.... regarding pcuuitted use of
Slate public dpf'''''''e :funds.
1. State public: defeDSl! funding under Cltnpter 10.101 RCW m~' be nSI!d in the
following ways:
a) Additional investigator services
b) AddiJinml expert services
c) Creation of a public defense office
d) New quality mnnifnrit1g by an atfoIIu:y coordinator who can act as a legal
..u:p.a vi:.w forthe attutucys pmvidiDg public 11_'1' (bot non-d1tu....ey
"dmftri-4:l4vc e:mplayees of the COl11dy or city are not an a!4uo.cd use offunds)
e) ~~ or access to eIee1ronic legal research ~J..tbwo for public dPi'Pn1lPl1j
f) Iw::rease in public dPi'Pn.... atfoIIu:y COhll-..""linn
g) Provision ofpublic.............. services at first appe:u.wee ..,,1....1I:01'!; (or increase of
first appea.<mce smrices ifpublic df'fPn&rs are already provided)
h) jl.dlliti"" ofmore d1tumey~ to Iowerpublic dPi'Pn<:P M!~e1oads
i) A1fditiRn ofsocial wo1ket' smrices to assistpublic dPi'Pn<:,. attomeys
J) Direct llainiDg costs to train public dPi'Pn... attomeys
k) EvaJna1ions of dPi'Pnd:nr1.. for &rul..... ing options. sm:h as drug evaluations,
SSOSA, DOSA
1) Provision ofinfl:nret co..wc..livil) (e.g. wireless) for public hfi>n.e attumey&
m) Provision ofiutbp..1ta services for atfoIIu:y-client interviews and cnm.....";.,,mnu
(bot in-court iuttap..,1ta appo;",......,"- required under Chapter 2.43 RCW are not
an dJ'l:"u.cd use offunds)
2. State public: defeDSl! frnldirog under Cltnpter 10.101 RCW I1UI.J' not be DSI!d in
the follotving ways:
a) Supplanting cmmty or city funds used for public dPi'Pn<:P servicesjlJior to the
initial disbmsement of Slate funds to the cmmty or city
b) Billing or other "dmini.b..di.c costs i:nclIIred by the cmmty or city in
"dmini<tetiDg the public dPi'Pn_ progIlUIl
c) Indigencysueeuiug
d) County, city or conrtteclmology l>JDltaw. or;tdmini.h4vc equipment
e) County or city_aftutw:) fiml:, inclwting advice on public dPi'Pn<e l.u.IJb.u.liug,
except as pmvide4in Seclion led) above.
N~'~.[,;El-o
c:.tD!V:C~ty u~ (if s~ P;rllill: D:,:fu:I!5::: Fll1l:lirt~
PUBUC DEFENSEAGllEEMENTFOR2011_2013_JEll'FEBSON ASSOClATED COUNSEL AND JEFFERSON COUNTY
EXHIBIT C
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