The URL can be used to link to this page

Home My WebLink AboutJefferson Assocaited Counsel, Amendment No. 6 - 120715ENDMENT NO. 6 TO THE PUBLIC DEFENSE AGREEMENT By and Between JEFFERSON ASSOCIATED COUNSEL And JEFFERSON COUNTY Purpose: The purpose of this Amendment No. 6 is to extend through June 30, 2016, the provision of 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, and to adjust the caseload count to accurately reflect the workload required to represent the defendant, Evan Thompson, in State v. Evan Thompson, 15-1-100-6, which involves a gravely serious offense (Murder in the Second Degree, a Class A Felony). WHEREAS, on February 22, 2011, Jefferson County, a municipal corporation (herein known as "County") entered into an agreement ("original agreement') with Jefferson Associated Counsel, a non-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 July 28, 2015, Jefferson County Superior Court appointed JAC to represent Mr. Thompson as an indigent defendant in State v. Evan Thompson, 15-1-100-6, which includes a count of Murder in the Second Degree, a gravely serious offense; and WHEREAS, Jefferson Associated Counsel has adequate capacity and resources under this Agreement to provide effective representation for Mr. Thompson in State v. Evan Thompson, with an appropriate amendment to this Agreement to credit Jefferson Associated Counsel with a proportionate number of caseload points for this case; and WHEREAS, on January 22, 2013, the County adopted Amendment No. 1 providing additional funding for providing representation for Mr. Pierce by JAC through June 30, 2013, said representation 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; and AMENDMEN'ENO. 6- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page l of WHEREAS, on June 24, 2013, the County adopted Amendment No. 2, providing continued funding for on-going representation for Mr. Pierce by JAC through August 31, 2013; and WHEREAS, on July 29, 2013, the Jefferson County Superior Court issued a Memorandum Opinion and Order Declaring Mistrial and Changing Venue, setting the venue for a new trial in Kitsap County; and WHEREAS, on August 26, 2013, the County adopted Amendment No. 3, providing continued funding for on-going representation for Mr. Pierce by JAC through November 30, 2013; and WHEREAS, on January 27, 2014, the County adopted Amendment No. 4, to extend for 2014 and 2015, through December 31, 2015, the public defense Agreement with Jefferson Associated Counsel, and to adjust the contract price for increased workload required to continue representing through June 30, 2014, the defendant, Michael Pierce, in State v. Pierce, 09-1- 00058-7, as the trial was scheduled by Kitsap County Superior Court for early 2014; and WHEREAS, on July 7, 2014, the County adopted Amendment No. 5, to provide for continued representation for Michael Pierce in State v. Pierce, 09-1-00058-7, through December 31, 2014 or its termination, whichever came first, and further adjusting the contract price for the workload for that case; and WHEREAS, the County will be issuing an open competitive Request For Proposals for a new contract for Indigent Defense, which term will begin July 1, 2016; and Jefferson Associated Counsel has agreed to continue to provide for indigent defense through June 30, 2016; and WHEREAS, the County and JAC have negotiated terms for extending Indigent Defense services under this Agreement from January 1, 2016 through June 30, 2016, and have negotiated terms for providing representation for Mr. Thompson in State v. Evan Thompson, 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; NOW, THEREFORE, the parties agree as follows: The Parties preamble of this Agreement is amended as follows: 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, WA 98368 (hereinafter "County") and Jefferson Associated Counsel, a non-profit corporation having its principal offices at 624 Polk Street, Port Townsend, WA 98368 (hereinafter "Contractor"). 2. Subsection 1.1 is amended to read as follows: 1.1 The Contract will become effective on March 1, 2011, and terminate on June 30, 2016. AMENDMENT NO. fi. PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 2 of Subsection 4.2 is amended to read as follows: 4.2 Except as specifically allowed by this Contract, the total amount payable under the Contract by the County to the Contractor for basic indigent services 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, • Five Hundred Twenty Six Thousand Seven Hundred Eighty Eight Dollars ($526,788.00) in 2013, • Five Hundred Forty Four Thousand Three Hundred Forty Nine Dollars ($544,349.00) in 2014, • Six Hundred Eleven Thousand Nine Hundred Forty Six Dollars ($611,946.00) in 2015, and • Three Hundred Twelve Thousand Seven Hundred Sixty Five Dollars ($312,765.00) in 2016 for January 1 through June 30, 2016. 4. Subsection 8.2 is amended to read as follows: 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 June 30, 2016 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. 5. A new Paragraph V. is added to Exhibit A Scope of Services of this Agreement as amended, as follows: V. Defense in State v. State v. Evan Thompson, 15-1-100-6. Pursuant to Paragraph T above regarding cases which involve a gravely serious offense and pursuant to Court appointment, JAC shall provide defense for Mr. Thompson, 15-1-100-6, through June 30 2016, or through termination of defense by JAC, whichever is earlier. The date for "termination of defense" by JAC in State v. Thompson, 15-1-100-6 is defined for the purposes of this Amendment to the original Agreement as the earliest of the following: 1) sentencing of Mr. Thompson 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. Thompson, or 3) the date when JAC's representation of Mr. Thompson ends. This case shall be counted against JAC's contracted caseload points under this Agreement as the equivalent of ten (10) felony pre -judgment cases, each worth 2 case points on a 300 point scale. AMENDMENT NO. 6 -PUBLIC DEFENSE AGREEMENT -JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 3 of 6. Paragraph A.1 of Exhibit B Compensation is amended as follows: A. 1.1 The Contractor agrees to perform the basic indigent defense services listed herein and comply with all Contract terms and conditions for an annual payment in 2011, 2012, 2013, 2014 and 2015 as follows, provided that 2015 shall be compensated on a 400 scale, unless the Washington State Supreme Court changes the standard for Misdemeanor pre- judgment defense and RALJ appeals to be 300 cases per full time attorney effective January 1, 2015, in which case Contractor will provide indigent defense and shall be compensated as shown in the 2015 Alternate (on a 300 point per attorney scale): Fee Schedule 2011 2012 2013 2014 2015 2015 Alternate B,fac3 I- Jmay 1- Ja®y I- Jany I- Jaes ay 1- immy 1 - Du mber 31 December 31 December 31 December 31 December 31 Dec®ber 31 Targeted Aunual 1,292 1,550 1,550 1,500 1,500 1,275 Caseload Poiuts: mmlaadpweaE owmvaywrn mmkodpwa6 aawleadp mnk mukadpal mnelaodpwah (400 scale) (400 scale) (400 scale) (400 scale) (400 Scale) (300 scale) Annual Cost: 5381,812 5472,995 5493,624 5510,405 5521,341 5565,717 Attorney FTEs 3.75 FTEs 3.75 FTEs 3.75 FTEs 3.75 FTEs 3.75 FTEs 425 FTEs assigned annualized annualized annualized annualized annualized annualized 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: Investigations 2011 2012 2013 2014 2015 2015 Fee Schedule Alternate - Jamiaey 1- Jamar I- ammy - Jaman- - ammy - Decalba 31 DamJba 31 De ba 31 De ba 31 Damlba 31 Decemba 3l Investigative $26,641 532,856 $33,164 533,944 534,671 $46,229 Services Cost: Investigator FTEs 0.75 FTEs 0.75 FTEs 0.75 FTEs 0.75 FTEs 0.75 FTEs 1.0 FTEs assigned: annualized annualized annualized annualized annualized annualized CONTRACT 2011 2012 2013 2014 2015 2015 TOTAL Alternate March 1- Jammy I- Jammy 1- Jammy I- Jammy I- Jammy 1- Deeember 31 December 31 Deemaber 31 December 31 December 31 December 31 Total Cast: $408,453 $505,851 $526,788 $544,349 5556,012 $611,946 1.2 The Contractor agrees to perform the basic indigent defense services listed herein and comply with all Contract terms and conditions for an annual payment in 2016 as follows (on a 300 Misdemeanor pre -judgment defense and RALJ appeals cases per attorney point scale): AMENDMENT NO. 6 -PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIA IED COUNSEL AND JEFFERSON COU NTV Page 4of5 Except as set forth in this Amendment No. 6, all other terms of the original February 22, 2011, Public Defense Agreement as amended by the January 22, 2013, Amendment No. 1; the June 24, 2013, Amendment No. 2; the August 26, 2013, Amendment No. 3; the January 27, 2014 Amendment No. 4; and the July 7, 2014 Amendment No. 5 remain in full force and effect. APPROVED and signed this 7' day of December, 2015. JEFFERSON COUNTY BOARD OF MMISSIONERS �2-17k David Sullivan, Chair Date Attest: JEFFERSON ASSOCIATED COUNSEL f� h /z Richard Davies Da e Approved as to Legal Sufficiency Only: C64227,1 - Carolyn Avery Date David Alvarez 71ate Deputy Clerk of the Board Deputy Prosecutin Attorney AMENDMENT NO. 6- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 5 of 201, j2 1Anuary t iia31 ' J,; Legal Services Fee Schedule Targeted Caseload Points: 1,275 caseload pts/yr (300 scale) 638 caseload pts/6 mos 300 scale Attorney FTEs assigned 4.25 FTEs annualized 4.25 FTEs annualized _ Monthly Legal Cost: $ 47,144 $ 48,060 Investigations Fee Schedule In addition to and above the costs in the table above, the County shall pay Contractor for actual investigative service costs per Section 2 below, up to the following amounts: Investigator FTEs assigned: 1.0 FTEs annualized 1.0 FTEs annualized Monthly Investigative Service Cost up to: $ 3,852 $ 4,068 CONTRACT TOTAL Total Monthly Cost up to: $ 50,996 $ 52,128 Total Annual Cost up to: $611,952 for 1 year $312,768 for 6 months Except as set forth in this Amendment No. 6, all other terms of the original February 22, 2011, Public Defense Agreement as amended by the January 22, 2013, Amendment No. 1; the June 24, 2013, Amendment No. 2; the August 26, 2013, Amendment No. 3; the January 27, 2014 Amendment No. 4; and the July 7, 2014 Amendment No. 5 remain in full force and effect. APPROVED and signed this 7' day of December, 2015. JEFFERSON COUNTY BOARD OF MMISSIONERS �2-17k David Sullivan, Chair Date Attest: JEFFERSON ASSOCIATED COUNSEL f� h /z Richard Davies Da e Approved as to Legal Sufficiency Only: C64227,1 - Carolyn Avery Date David Alvarez 71ate Deputy Clerk of the Board Deputy Prosecutin Attorney AMENDMENT NO. 6- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 5 of JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator � j ) DATE: December 7, 2015 RE: Agreement, Amendment No. 6 to the Public Defense Agreement, in the Amount of up to $312,765 for January 1 — June 30, 2016; Jefferson County Administrator; Jefferson Associated Counsel STATEMENT OF ISSUE: Board of County Commissioner approval is requested for Amendment No. 6 to the Public Defense Agreement with Jefferson Associated Counsel (JAC). This amendment assigns case points for JAC's indigent defense of Evan Thompson in 2015 and 2016 in State v. Evan Thompson, 15-1-100-6, which involves a gravely serious offense (Murder in the Second Degree, a Class A Felony), and extends the Agreement to cover the period January 1, 2016 through and including June 30, 2016. ANALYSIS: JAC's existing indigent defense contract runs from March 1, 2011 through December 31, 2015. Amendment 96 extends JAC's contract through the first half of 2016, during which period the County will issue a new competitive Request For Proposals and select a contractor who will provide indigent defense for the next several years under a new contract. In addition, on July 28, 2015, Jefferson County Superior Court appointed JAC to represent EvanThompson as an indigent defendant in State v. Evan Thompson, 15-1-100-6, which includes a count of Murder in the Second Degree, a gravely serious offense. The existing agreement allows for the County to negotiate with JAC regarding the compensation for representing the defendant in such a case. Amendment #6 finds that JAC has sufficient capacity within its existing staffing to provide effective representation to Mr. Thompson in State v. Evan Thompson, and in recognition of the level of effort the case represents, assigns it a case point equivalent of 10 felony pre -judgment cases, within the existing agreement case point system. FISCAL IMPACT: Compensation to JAC for providing indigent defense services from January 1, 2015 through June 30, 2015 is up to $312,765. RECOMMENDATION: Approve Amendment No. 6 to the Public Defense Agreement as proposed. REVIEWED BY: i I ilip Morle ounty Ad in' ator Date CONTRACT REVIEW FORM CONTRACT WITH: Jefferson Associated Counsel CONTRACT FOR: Amendment No. 6 Indigent Defense COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETURN TO: Julie or Leslie RETURN BY: AMOUNT: Not to exceed $312,765 for Amend #6 PROCESS: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Source of Funds tbd Up to $312,765 N/A N/A tbd Step 1: REVIEW BY Review by: / Date Reviewed: t--- j�y7 APPROVED FORM Com/}m`eenlnts Step 2: REVIEW Review by: Date Reviewed: APPROVED AS TO FORM Commen 2015 Nov 2 3 2015 NERS X Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid HRFP or RFQ X Other: Amendment 12_ ❑ Returned for revision (See Comments) A ❑ Returned for revision (See Comments) p 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO S RISK MANAGEMENT AND PROSECUTING ATTORNEY ONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS tep 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda - (This form to stay with contract throughout the contract review process.)