HomeMy WebLinkAbout012213_ra02JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners i'
FROM: Philip Morley, County Administrator
DATE: January 22, 2013
SUBJECT: Amendment No. 1 to Public Defense Agreement; Jefferson Associated
Counsel; up to $46,302.
STATEMENT OF ISSUE:
Board of County Commissioner approval is requested for Amendment No. 1 to the Public Defense
Agreement with Jefferson Associated Counsel for indigent defense to provide for the defense of
Michael Pierce in State v. Pierce (case 09-1-00058-7).
ANALYSIS:
On February 22, 2011, the County entered into an agreement with Jefferson Associated Counsel
(JAC) to provide indigent defense services for Superior Court, Juvenile Services, and District
Court. The Scope of Services of the original agreement specifically excludes cases in which the
State seeks a special sentencing procedure pursuant to RCW 9.94A.030(33); 9.94A.57Q, or RCW
10,95,040, or which involves a gravely serious offense, including, but not limited to, murder,
sexually violent predator and other charges which might necessitate a disproportionately large
expenditure of attorney time for costs, and allows for the County to negotiate with JAC regarding
the compensation for representing the defendant in such a case.
RCW 10.101.005 mandates effective legal representation of indigent persons consistent with the
constitutional requirements of fairness, equal protection, and due process. On January 4, 2013, the
Jefferson County Superior Court appointed JAC to represent Mr. Pierce as an indigent defendant
in State v. Pierce, 09-1-00058-7, which includes two counts of Aggravated Murder which are
gravely serious offenses as well as other serious violent felonies.
To provide defense for State v. Pierce, JAC requested compensation to dedicate Mr. Richard
Davies as first chair attorney at half time, a second chair attorney position at quarter time, the
equivalent of half time position combined between support and in-house investigator services, and
attendant office support supplies to meet the defendant's constitutional right to an adequate
defense. The cost of this is $ 7,717 per month starting January 1, 2013 and continuing through
June 30, 2013 or termination of defense for State v. Pierce, whichever comes first. The total
compensation for this six-month period shall not exceed $46,302. At this time it appears the case
may be complete by the end of June, 2013.
FISCAL IMPACT:
The potential added contract cost in 2013 is $ 7,717 per month, which could be up to $ 46,302 for
the first six months of 2013.
The cost for this case is not currently in the 2013 County Budget, and will require future budget
amendment. The costs may be paid from excess general fund revenues, if any, or pursuant to
Jefferson County Resolution No. 048-12, extraordinary justice costs may be paid as a loan for
repayment over time so as to avoid a concentrated single-year impact on the general fund. Costs
for this extraordinary case will be addressed through a subsequent quarterly budget appropriation,
likely in the budget extension for the 2°a quarter of 2013.
RECOMMENDATION:
Approve and sign the proposed Amendment No. 1 to the Public Defense Agreement with
Jefferson Associated Counsel.
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ilip More ounty Admi ator Date
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AMENDMENT No.l To The PUBLIC DEFENSE AGREEMENT
By and Between
JEFFERSON ASSOCIATED COUNSEL
And
JEFFERSON COUNTY
Purpose: The purpose of this amendment is to adjust the contract price for 2013 based on the
increased workload required to represent the defendant, Mr. Pierce, in State v. Pierce, 09-1-
00058-7, which involves gravely serious offenses.
WHEREAS, on February 22, 2011, Jefferson County, a municipal corporation (herein
known as "County") entered into an agreement ("original agreement") with 7efferson Associated
Counsel, anon-profit corporation (herein known as '`JAC") to provide criminal defense and
related services for indigent defendants and other persons facing commitment or incarceration in
Jefferson County; and
WHEREAS, the Scope of Services of the original agreement specifically excludes 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 which involves a gravely serious offense, including, but not
limited to, murder, sexually violent predator which might necessitate a disproportionately large
expenditure of attorney time for costs, but Paragraph T of Exhibit A Scope of Services of the
original agreement allows for the County to negotiate with JAC regarding the compensation for
representing the defendant in such a case; and
WHEREAS, RCW 10.101.005 mandates effective legal representation of indigent
persons consistent with the constitutional requirements of fairness, equal protection, and due
process; and
WHEREAS, on January 4, 2013, Jefferson County Superior Court appointed JAC to
represent Mr. Pierce as an indigent defendant in State v. Pierce, 09-1-00058-7, which includes
two counts of Aggravated Murder and other serious violent felonies; and
WHEREAS, in order to provide effective representation for Mr. Pierce, additional
funding is appropriate to provide JAC the resources to represent Mr. Pierce; and
WHEREAS, the County and JAC have negotiated funding terms for providing
representation for Mr. Pierce consistent with Standards 3.2, 3.4 and 3.6 of Washington State
Supreme Court Order No. 25700-A-1004 and Order No.25700-A-1008 regarding cases
involving serious offenses;
AMENDMENT NO. 1 TO PUBLIC DEFENDER AGREEMENT By and Between
Jefferson Associated Counsel and Jefferson County
NOW, THEREFORE, the parties agree as follows:
1. Anew Paragraph U. is added to Exhibit A Scope of Services of the original agreement, as
follows:
U. Defense In State v. Pierce 09-1-00058-7. Pursuant to Paragraph T above regarding
cases which involve a gravely serious offense and pursuant to Court appointment,
JAC shall provide defense for Mr. Pierce in State v. Pierce, 09-1-00058-7 through
June 30, 2013, or through termination of defense by JAC, whichever is earlier. The
date for "termination of defense" by JAC in State v. Pierce, 09-1-00058-7 is defined
for the purposes of this Amendment to the original agreement as the earliest of the
following: 1) sentencing of Mr. Pierce based upon entry of a guilty plea by him in the
court record, 2) completion of a trial in Superior Court, including, but not limited to,
resolution of the criminal charges by a jury or, if convicted, sentencing of Mr. Pierce,
or 3) the date when JAC's representation of Mr. Pierce ends. This case shall not be
counted against JAC's contracted caseload points under the original agreement.
At a minimum, defense provided by JAC shall include Mr. Richard Davies dedicated
as first chair attorney at half time, a second chair attorney position at quarter time, the
equivalent of half time position combined between support and in-house investigator
services, and attendant office supporUsupplies. Should the hours necessary for
defense in State v. Pierce change significantly, either party may seek additional
amendment(s) to reflect the changed workload in an amount adjusted at a prorated
rate. Should the case continue in Superior Court past June 30, 2013, the parties will
negotiate and execute an appropriate amendment to extend this agreement, including
an appropriate level of compensation. Defense in State v. Pierce provided by JAC on
or after January 4, 2013, is hereby ratified and considered to be work performed
pursuant to this Agreement.
Any additional outside investigative services approved by the Court in State v. Pierce,
09-1-00058-7 shall be paid separately from the terms of this agreement.
2. Anew Sub-Paragraph A.S. is added to Exhibit B: Compensation, as follows:
5. Compensation for Defense In State v. Pierce, 09-1-00058-7. The County shall pay
JAC $ 7,717 per month for defense in State v. Pierce to provide the services and
support listed in Paragraph U of Exhibit A of this Agreement. Said compensation
shall start January 1, 2013 and continue through June 30, 2013 or termination of
defense for State v. Pierce, whichever comes first. The total compensation for this
six-month period shall not exceed $46,302.
Should the hours necessary for defense in State v. Pierce change significantly, either
party may seek additional amendment(s) to reflect the changed workload in an
amount adjusted at a prorated rate.
Page 2 of 3
AMENDMENT NO. 1 TO PUBLIC DEFENDER AGREEMENT By and Between
Jefferson Associated Counsel and Jefferson County
Invoicing for defense in State v. Pierce shall be pursuant to Paragraph C, below.
3. Except as set forth in this Amendment, all other terms of the original February 22, 2011,
Public Defense Agreement remain in full force and effect.
APPROVED and signed this
JEFFERSON COUNTY
BOARD OF COMMISS
john Austin, Chair
Attest:
day of , 2013
JEFFERSON ASSOCIATED COUNSEL
.~
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Date Richard Davies D e
Raina Randall Date
Deputy Clerk of the Board
(Approved as to Legal Sufficiency Only:
l -~11
David Alvarez aD to
Deputy Prosecuting Attorney
Page 3 of 3
PUBLIC DEFENSE AGREEMENT
Bc and Between
JEFFERSON ASSOCIATED COUNSEL
And
JEFFERSON COUNTY
Purpose: The purpose of this Ageement 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.U. Box 1220. Port Townsend, WA 98368 (hereinafter "County") and
Jefferson Associated Counsel, anon-profit corporation having ifs principal offices at 333
Benedict Street, Port Townsend, WA 98368 (hereinafter "Contractor").
SECTION 1. PERIOD OF PERFORMANCE
1.1 The Contract will become effective nn March 1, 2ti11, and tetminate 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 will any extension of the Contract become effective unless and until
it is approved and executed by the Jefferso^ County Board of Commissioners. The
contractor will notify the Counts• of their desire to renew the contract six months before its
expiration.
].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 1/72`h 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
betw=een the Cotmty and public defense ftrrtt, the public defense I irm will not be obligated to
continue representing cases beyond thirty (3~) 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 tv provide its own labor and materials. unless otherwise provided
for in the Contract; no material, or labor will be furnished by the County.
P[IBLIC DEFENSE 44REENtE V E FOR 201 I - 2013- ]EFFERSON YS WOATEO COCNSEL i~ND JEFFERSON CUONTY I O'r I ~J
23 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 neccssarv, or as may be requested by the County.
SECTION 3. CONTRACT REPRESENTATIVES
3.1 fhe County and the Contractor w~11 each have a contract representative. Aparty may
change its representative upon providing wTitteti notice to the other party. The parties'
representatives are as follows:
CO[11VTY
Jefferson County
Philip Morley, County Administrator
1820 Jefferson Streei
P.O. Box 1220
Port Townsend, WA 98368
(360)385-9100
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PUBLIC DEFE\DER
Jefferson Associated Counsel
Richazd Davies. Director
333 Benedict Street
Port Townsend, R'A 98368
(360) 385-5613
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SECTION 4. COMPENSATION
4.1 A description of the compensation Yo 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, fhe 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
201.2, and
• Five Hundred Twenty Six Thousand Seven Hundred Eighty Eight Dvllars
($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 performed prior
to the effective date of the Contract or alter its termination, unless a provision of the
Contract expressly provides otherwise.
4.6 tf the Cvntractor fails to perform any substantial obligation and the failure has not been
cured. within 20 business days following notice from the County, the County' may, in its
sole discretion and upon written notice to the Cvntractor, withhold all monies due the
Contractor, without penalty, until such failure to perform 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 ~. AMENllMF.NTS 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 indemnifi and hold the County, and its officers, employees, and agents
harmless from and shall process and defend at its ow~rr 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 indemnif}' the
County against and hold harmless 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, andior the costs to the
County of defending such claims and suits, etc., shall be valid and enforceable only tv 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,
ad}usting 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 perform 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 Jnsurance Law, Title 51 RCW. The
Contractor recognizes that this waiver was specifically entered into pursuant to provisions of
RCW 4.25.115 and yeas 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. 1`he 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 I iabiIity and Mana¢ement 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 vyi{1 not exclude bodily injury or property
damage. The coverage will not exclude hazards related to the work rendered as part
of the Contract.
B. Worker's Compensation and Employer's Liability The Contractor will maintain
w-orkers~ compensation insurance as required by Title 51, Revised Code of
Washington, and. will provide evidence of coverage to the Jefferson County Risk
Manacement 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
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 1~lillion
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 (51,000,000.00) per occurrence and a aggregate of not less than
tvi-o {2) times the occurrence amount ($2,000,D00.00 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. Persona] Injurq Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial liability, including: completed
operattons;
iv. Premises -Operations Liability (M&C);
v. Independent Contractors and subcontractors:
vi. Blanket Contractual Liability.
vii. Pr7sonal Injury,'Property Damage Liability, arising out of the use of
non-owned vehicles for business purposes.
PUELIf DEEESSE AGHN:LSIE\T FOH)AII f -201J-.IEFI ER506 ASSOI'G\TED COU VSEL AVD.IEiiER.W ~ COi1VTY `t Ot t 9
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 Contractors commercial general liability insurance and automobile liabilih-
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 liabilit}'.
The Contractor will include all subcontractors as insurers under its policies or will
furnish sepazate 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 claims-made
policy, then the Contractor must evidence the purchase of anextended-reporting
period or "tail" coverage for athree-year period after completion of the services.
I. 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. Verfication of Coverage and Acceptabilih' of Insurers.
A. The Contractor vvi11 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 w211 clearly evidence all
insurance required in this Section within 10 days after the effective daic 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 Contrataor 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 "caze of the appropriate County's contract representative. The address
of the certificate holder w111 be shown as the current address of the appropriate
County office or department.
E. If applicable, the Contractor will request that the 1~'ashinbnon State Department of
Labor and Industries, Workers Compensation Representative, send written
verification to 3efferson County that the Contractor is currently paying workers'
compensation.
F. Written notice of cancellation nr 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, WA 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.
PDp1.II: DEFEFSF. Af.REE11ER1 fOR 3011-SOU -.IEEFFRSOn ASSOCIATED COUVSEL.AYU SF.FFERSO6 COIIVTV G O P I FJ
SECTION 8. TERMINATION
8.1. In the event that the date of termination of the contract passes Aa ithout the parties'
execution of a similar contract or the Counts has not selected another firm, then the
contract shall remain in force for 60 days, during which time monthly payments shall be
paid at 1/12th the last annual contract amount.
8.2. The Contractor will continue to actively represent, faithfully and w7rh 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 fox the Contract. and the
Board of County Commissioners determines and adopts a 13nding that a financial
emergency exists within the General Fund. in meeting its constitutional obligation to
provide for indigent defense. the County may reopen the Contract for renegotiation
notwithstanding any other termination provision in the Contract. Failure to reach mutual
agreement upon renegotiation shall be grounds for the County to terminate the Contract.
8.4. The 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. AYter receipt of notice, and
before termination, the party in default may curs the defect, in which case the agreement
shall continue in force far the full term. "1'he COIJt~TY shall pay apro-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 beaz 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
assured, delegated or subcontracted to any other person or firm without the prior express
written consent of the County.
9 ~ The Contractor warrants that it has not paid, nor has it agreed to pay, an} company,
person, partnership or firm, other than a bona fide employee working exclusively for
Contractor, any fee, commission, percentage, brokerage fcc, gift or other consideration
contingent upon or resulfing from the award or making of the Contract.
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SECTION 1Q. 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 oven 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 1'he 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 pa}'; 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. NONDISCRIYIINATION
The Contractor, its assignees, delegates or subcontractors will not discriminate against any
person in perfoimance 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 vviil 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. Anc 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 vvdll be final 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 RCU' 34.05.510 et seq., also known as the
Administrative Procedures Act, except that the State of ZVashington 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
1~.1 The Contract will he 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 judicia] proceeding arising under or out of the
Contract may be instituted and maintained only in Superior Court for Jefferson County.
SECTION 14. MISCELLANEOUS
14.1. No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver
of any provisions of the Contract, does not constitute a waiver of such provision or future
performance, or prejudice the right of the waiving party to enforce any of the provisions
of the Contract at a later time.
14.2. Tax Payments. The Contractor 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 U.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 tinancial and caseload point
records for at least six years afrer termination of the Contract or pursuant to state record
retention standards, whichever is longer.
14.5. Successors and Assigns, The County, to the extent pemuttcd 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 constnued
and enforced as if the Contract did not contain the particulaz 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, return receipt requested, to the addresses set out in
the contract representatives provision of the Contract. Notice may also be given by
facsimile with the original to follow by regular mail. Notice will be deemed to be given
three days following the date of mailing, or immediately if personally served. For semicc
by facsimile, service will be effective at the beginning of the next working day.
IN WITNESS WHF,REOF:
Jefferson County and the Contractor have signed this contract on the date noted:
JEFFERSON COi?NTY
By. `.fit Date
Chairrr~an
:TRACT SERVICE PROVIDER
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B ~~'~~'~~ rL Da
Title: tae~~w~uls)`y~t~°~
ATTEST:
~0~2N...GL - ~~I~
Ef .. ., u..„a,n p~
AeRuty Clerk of the Board
APPROVED AS TO FORM ON Y:
2.2_ Z~tl
r~~a ~~,
David Alvarez Date
Deputy Prosecuting Atlomey
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Pl!HLIC DEFENSE AGIIFF.AfENT FUR EW t-ID13-lF.FFF.RSON AtitiUC11FEU COLNSEL nVOlF.FFFRSON MINTY IOOf l9
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 quality for appointed counse3 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 Court/Felony, including Drug Court;
• Juvenile and Family Court Offender and Civil matters, including but not limited to
Juvenile offenders, Juvenile civil matters including youth at risk, juvenile truancy,
juvenile dependency, guardianship, and family support contempt, Topside. and
Family'1'herapeutic Court;
• Adult District Court/Misdemeanant, including but not limited to persons faced
with jailable misdemeanor and traffic offenses commitments or incarcerations.
and RALJ appeals 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 criminal defense services at
in-custody bail hearings, and will be available to talk and meet w2th indigent defendants
in the Jefferson County .Tail. Said representation may be in person. or may include
telephonic or video proceedings.
This scope does nat include:
• Civil matters for which a person is not legally entitled to counsel as a matter of
law;
• State Oftice of Public Defense-funded adult representation in dependency cases;
• Cases in which the State seeks a special sentencing procedure pursuant to RC W
9.94A.030(33); 9.94A.570, or RCW ]0.95.040, 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 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.
PI!ALIC'DEFEb51: AGAEENENT NON 31111-3W]-dEFNERSON ASSOCIATED CUCN5EI.A VO ]FFFF.RS[IN COCFT4' tt O} ~9
I3. Caseload 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 caseload point value of 1,242 in 2011, and L550
each year thereafter.
Type Points per
Case
scale of 400 II
DISTRICT COURT I
Misdemeanors pre judgment,
& ItALJ appeals I.00
Misdemeanors post-judgment 0.25
JUVENILE COURT
Juvenile Offenders pre-judgment I.60
Juvenile Offenders post j udgment 0.40
Open Juvenile Dc cndency 5.00
Juvenile Status Offenses 2.00
SUPERIOR COURT
Felonies re-~ud ment 2.67
Felonies ostjud ment 0.67
Civil Commitments & Drug Court 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.
• Fur purposes of tracking caseload and cases above or below the caseload, the
weighted scale shown above (Points per Case) shall be used to assign a point value to
each case
• A "case" is defined as the filing of a document with the court naming a person as
defendant or respondent, to which a public defense attorney is appointed in order to
provide representation.
• Case count is defined by incident date. A single individual charged with several
charges arising from one event shall be counted as one case for caseload tracking
purposes although the charges are written on two or more citations, unless the charges
are severed for trial. Any series of events that are charged under a single cause
number shall be considered as one case for caseload tracking purposes although the
events may have occurred on different dates, unless the charges arc severed for trial.
• A case is counted when the Courl screens the defendant for eligibility and appoints
the Contractor, or the Judge directly appoints the Contractor from the bench.
PUBLIC DEFEFSE AGRCERIEPT FUR 2011 -FA13 - JEFI+EASON ASW CL11'EO COEriSEL AVU JEMFERSUP COISTY t 2 OF ~ 9
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 crith
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 er Case
Superior Court Up to and including Up to and including Upon successful
initial appeazance or completion of Omnibus or diapositive motion, any
arraignment unsuccessful diapositive suppression motions, pre-
motion trial or trial completed
District Court Up to and including Up to and including pre- Upon readiness completed.
initial appearance & trial motion or successful diapositive
', arraignment unsuccessful diapositive motion, amp suppression
(generally motion motions, pre-trial or trial
synonymous) com leted
Juvenile Up to and including Up to and including one or Upon fact-finding,
initial appearance & more pre-trial conferences successful diapositive
arraignment (usually OR failed diapositive 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 far 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 Contractors expense. The Contractor and all
associated counsel hired pursuant to this section shall be admirted 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.
PLBIJC IT HI:V$E AGRf.F.\rEVT rOR 2011-?Ol3-JEFxR:N50N.A590f1ATPP COENSEL AFD.IEFFF.RWV eONPTV 1~ Of I9
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 Por[ Townsend or the
Tri-Area that will be open during regular business hours, said hours to be determined by
Contractor. "fhe office shall be staffed by an attorney and asecretary/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. "1'he 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 91 l 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 dav.
I. 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 conflic-t of interest or would otherwise constitute an actual violation of
any generally recognized ethical or professional stands common and applicable to
attorneys in the state of Washington. The Contractor shall have the right, for good cause,
to decline to advise or represent, and, with consent and agreement of the Court and
pursuant to Court rule, to withdraw from representing any person in any case referred or
assigned to the Contractor.
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 imestigations 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.
I'CRLIC DF.FFNSE 4CREEMENt FUR 3UI1- 2n13- A:FFkRSON pSSOC.iiTF.D COUNSEL AND 2£FF£RSD] COIiNT\' ~ Q Of t I
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 shalt 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 sale 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
vvith 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 ,Teflerson County
Superior, Juvenile and District Courts.
Q. The County has been awarded a State Office of Public Defense (OPD) Public Defender
Improvement Crrant 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. "T'hc 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
trial, and whether an appeal was filed. The monthly reports are due on or before the tenth
(1 Ou') day of each month.
'fhe Contractor shall also file third and fourth quartet 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
PI~BL[C DEFENSE ACRF.EMF:N]'lNR2011 -2013-.IF.FFF.Ri06 .4550CIXTF.D COUNSEL hVll.IEPPF.RWN CUI::ITM' ~ C OC 19
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 shall also list far 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 (f 0`h) day
after the end of each quarter (October 10`h, January 10`h).
S. Expressly excluded from the scope of sen ices of the contract between the Contractor and
Jefferson County is an}' legal work the Contractor may undertake in the civil arena for
persons it is representing nn criminal matters. Such civil matters may include, but are not
limited to, legal representation relating to landlord-tenant. liens notarising 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.
1'. In the event of appointment im olving cases in which the State seeks a special sentencing
procedure pwsuant to RCW 9.94A.030{33); 9.94A.570, or RCW 10,9,040, or involves a
gravely serious offense, including, but not limited to, murder, sexualh violent predator or
an unusually large number of defendants, as tiom a massive drug arrest, either of which
might necessitate a disproportionately large expenditwe of attorney time for costs, not
contemplated within this Contract, the County reserves the right to negotiate with
Contractor compensation for the case ancfor the Court may appoint special counsel at
court expense and administration.
PI: BLIC DIk EN3E AGRFFME\t' NOR 3011- E013-JlF}gRSpN aSSO('1\iED (Y)11N561.\ND IT.FFk1i5pN ('(1L`P'll ~ (~ Ot I9
COMPENSATION
EXHIBT B
A. 1. The Contractor agrees to perform the services listed herein and comply with all Contract
terms and conditions for an annual payment in 201 1, 2012 and 2013 as follows:
Fee Schednle 2011 2012 2013
March I-December 31 January L-December 31 January 1-December 31
Armual Caseload 1,292 caseload points 1,550 caseload points 1,550 caseload points
Points
Annual Cost: S 381,812.00 S 472,995.00 $ 493,624.00
Attorney FTEs 3.75 FTEs annualized 3.75 FTEs annualized 3.75 FTEs annualized
asst ed
In addition to and above the costs in the table above, the County shall pay Contractor for
investigative services for each year sutiicient for each of the caseloads as follows:
Investigations 2011 2012 2013
Fee Schedule March 1-December 3( January 1-December 31 January 1-December 31
Investigative S 26,641.00 S 32,856.00 S 33,164.00
Sen•ices Cost:
Investigator FTEs 0.75 FTEs annualized 0.75 FTEs annualized 0.75 FTEs annualized
assigned:
CONTRACT 2011 2012 2013
TOTAI. March 1-December 31 January 1-December 31 January 1-December 3]
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 al] expenses and foes 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. 111e public defense firm may
apply to the court, under exceptional circumstances, I'or expert witness funds to be used
for investigative services, subject to the approval of the court.
Compensation shall be monthly calculated at 1112"` of a flat annual fee. No additional
fees, costs, charges. telephone fees, paralegal fees, delivery fees, or any other
reimbursable expenses will he allowed.
A monthly billing statement shall be submitted in the form specified by the Count}' and
payment shall be reviewed for approval by the appropriate County representative.
Yayrnent shall be made on a monthly basis, thirty (30) days aher receipt of such billing
statement.
PII6I.IC ACPa V5E A4REENENT FOR 31111-20[3-.IEFFF.RVOR .15SOCfATED COUVSEE AVD.IECPP.RSO~ CDIiVTY ~ ~ OP ] 9
4. 'lhe Contractor shall be responsible for complying with applicable standazds at their sole
cost, unless mutually agreed to by the Contractor and the County.
B. Adjustments for Contracted Caseload. "fhe 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 anal 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 lotal annual
contracted caseload 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. Por additional cases, the
County Administrator may also either: I) assign alternate counsel (via the judges); or 2)
execute a sen~ice agreement with an additional qualified attomey or firm.
If the actual total annual caseload point value for any one year is less than 87°/D of the total
annual contracted point value for that year, the contracted caseload and compensation for the
succeeding yeaz 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
yeaz and in following yeazs.
In the event of appointment involving cases in which the State seeks a special sen#encing
procedure pursuant to RCVi% 9.94A.030(33); 9.94A.570, or RC1~' 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 attomey time for costs, not
contemplated within this RPP, 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
administration.
C. Invoicing.
Im-oices shall be monthly and may be submitted the month immediately proceeding each
month of work to be performed. Invoices shall he submitted to the County Administrator's
Ofllce located at 1820 Jefferson Street, P.O. Box 1220, Port Townsend, ~[%A 98368. Invoice
amounts shall be 1 /12 the annual contract amount. The County shall pay all valid invoices
using its normal bill paying process.
PEBLIC DT.FF,VSE ACW;EMENT FOR IOtl -3013-JF.FFFRSON•\SSOCATED f01'N54:1..1NI11EFFERSOR COL!V It ]E Ot ]9
EXHIBIT C
«:aSHI~C:TO~ ST:~TE OFFICE OF Pi~BLIC' DEFENSE
C"OL1II''C.'FIY t"SE OF SIAI7; Pi'BLIC DEFENSE FL'\~L~G
(as amended June ?UD8}
State fitnds drsbursed to canaries and titres pursi>.iut ro Chapter 10.10I RC's[' camtot be
used to supplutt local fluids that were being spent ou pubEic defense ser,•tces prior to the
initial disbwsemeut of state fiords. State fiords must be spent to intprorz the quality- of
legal representation directl~~ received by indigent defendants. The fitnds cannot be spent
on purel}• administrative ftinctions. Folioa iug are guidelines regudin¢ permitted use of
state public defense fiords.
1. Stare public defense funding under Chapter 10.101 RC~t' m?s be used in the
follon-ing n~a~ s:
al Additional investigator sen'ices
hl Additional expert services
ej C'reation of a public defense office
d1 ~lea~ quality monitor mg by an attorney coozdiuator echo can act as a legal
supen•isor For the attorney. s prof iding public defense ibut non-attome~`
administrative enrplo}•ees of she counn• er city are not w approved use of fiords)
e1 Compaters or access to electronic legaF research systems for pubhe defendrs
n Increase iu public defer:se attorney compensation
g) Provision of'public defense services at fast appearance calendars ~,or increase of
first appeuance sen•ices rf public defenders aze already proyidedj
h) Addition of more attorneys to ]oirer public defense caseloads
Q Addition of social n'orker sen•ices to assist public defense attorne•I~s
;) Direct training costs to train public defense aftorneys •
l:i Evahrations of defendants for sentencing options- such a.s dnre etahkations_
ssosA.l~osA
1) Provision of mtemet ronuecticih• (e. e. tiirelessj for public defense attorneys
ut) Provision of mierpreter sen~ices for attorney-cheat inten-ietvs and coumtnnication.
!but in-cone interpreter appointments required render C7rapter ? q i RCIL' are nor
an approved use of fluids;
_'. State public defense funding uudet• Chapter 10.101 RC1I' ntnt• trot be used vz
the folloniug tray s:
a) Supplanting couutt• or ctn~ fitnds used for public defense sers-icesyrior to the
initial disbursement of state funds to the cormtt• or cin~
bt Billing ar other adutimstrnve costs inctured by the couun• or tiro is
administerntg the public defense program ~ •
cl Iudieency screening
dl Counh. cirv or court technology systems or administrative equipateut
el C'oauh• or citv_attomey flute. including advice on pubhe defense contracting.
eYCept as provided in Section 1(d) above.
PE91 [C llEF&VSE AGNl:EMENT POl! 2011- 201J- JEf FERSON,15Sf%:IATf.U COUNSEL ADU IEPFPRSON fOUN 1 Y 19 Of 19