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HomeMy WebLinkAbout062716_ra01JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners '" FROM: Philip Morley, County Administrator DATE: June 27, 2016 RE: Public Defense Agreement; Jefferson Associated Counsel STATEMENT OF ISSUE: Board of County Commissioner approval is requested for an agreement with Jefferson Associated Counsel to provide indigent defense from July 1, 2016 through December 31, 2018, which may be extended by amendments up through June 30, 2021. ANALYSIS: Providing indigent defense is a constitutional right under the 6th Amendment of the US Constitution, and Article I Section 22 of the Washington State Constitution. Chapter 10.101 of the Revised Code of Washington clarifies the County's responsibility. In Jefferson County, most indigent defense is provided via a contract with a law firm, and the contract is administered by the County Administrator's Office. Superior and District Courts also provide for indigent defense from a court roster of conflict attorneys when there is a conflict that prevents representation by the County's contracted indigent defense organization. Our current contract for indigent defense expires June 30, 2016. Jefferson County issued a Request for Proposals on March 9, 2016 to provide indigent defense in District, Juvenile and Superior Courts from July 1, 2016 through the end of 2018, with possible extensions up through June 30, 2021, for a total term not to exceed five years. The RFP included a contract template, with a request that any proposed edits be included in the respondents' proposals. Jefferson Associated Counsel (JAC), the County's present non-profit public defender, was the sole respondent to the RFP, and submitted its proposal on May 6, 2016. JAC submitted an excellent proposal, which met all RFP requirements. Staff interviewed the organization on May 10, and subsequently negotiated and finalized the proposed Public Defense Agreement with JAC. Through the RFP and this Agreement the County is contracting for a smaller total of caseload points, which reflects a trend in recent years toward fewer cases per year in the County's court system. The prior Public Defense Agreement contracted for 1,275 caseload points, including 4.25 attorney full time equivalents (FTEs) and 1 investigator FTE, on a scale where: 1 misdemeanor case = 1 point, and 300 points = a full caseload for 1 attorney. The current proposed Public Defense Agreement is for 1,125 caseload points, including 4 attorney FTEs plus 1 investigator/social work FTE. These figures include a'/4 FTE supervising attorney, and the addition of/4 FTE of social work support to help in developing release, treatment, and dispositional alternatives and other supports for defendants. FISCAL IMPACT: As proposed, the cost of indigent defense would be: Year: 2016 2017 2018 July 1- January 1- January 1 - December 31 December 31 December 31 Targeted Annual Caseload 562 1,125 1,125 Points: caseload points caseload points caseload points (300 scale) (300 scale) (300 scale) Legal Services Cost: $ 271,500 $ 574,000 $ 597,000 Attorney FTEs assigned 4.00 FTEs 4.00 FTEs 4.00 FTEs annualized annualized annualized Investigative/Social Work $ 24,282.50 $ 49,416 $ 50,437 Services Cost: Investigator/Social Work 1.00 FTEs 1.00 FTEs 1.00 FTEs FTEs assigned: annualized annualized annualized CONTRACT TOTAL: $295,782.50 $ 623,426 $ 647,437 The new Agreement costs $295,782.50 for the second half of 2016, which is less than the $312,765.00 for the first half of 2016 under the old contract. Costs escalate by 5.4% in 2017 and 3.9% in 2018. The contract also has provisions for adjusting compensation and/or contracted caseload points if caseloads fall below 90% of the contracted number or exceed 103% of that number. Compensation will also be adjusted to reflect JAC's actual healthcare insurance cost if it falls 5% above or below budgeted amounts. RECOMMENDATION: Staff recommends that the Board make a motion approving the proposed Public Defense Agreement with Jefferson Associated Counsel. LD Philip M , County Administrator 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 Agreement 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"). SECTION 1. PERIOD OF PERFORMANCE 1.1 The Contract will become effective on July 1, 2016, and terminate on December 31, 2018, and may be extended by written amendment signed by both parties, provided that this Contract shall not be extended beyond a five year term. The Contractor will notify the County of its desire to extend the contract by July 1 of 2018 and 2019. 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 1/12ffithe last annual Contract amount. 1.3 The Contractor will continue to actively represent, faithfully and with due diligence, all cases assigned under this Contract and complete those cases which remain pending following the termination of this Contract; provided that, in the event there is no contract between the County and public defense firm, the Contractor will not be obligated to continue representing cases beyond thirty (3 0) days after termination pursuant to subsections 1.1 or 1.2, whichever is later, and the County shall compensate the Contractor 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. PUBLIC DEFENSE AGREEMENT FOR 2016- 2018 1 of 21 2.3 The Contractor will perform the work specified in the Contract according to standard industry practices, the Rules of Professional Conduct, and in conformity with state law. 2.4 The Contractor 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 monthly 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, WA 98368 (360) 385-9100 pmorley@cojefferson.wa.us PUBLIC DEFENDER Jefferson Associated Counsel Richard Davies, Director 624 Polk Street Port Townsend, WA 98368 360 385-5613 daviesrl@ptdefense.com SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Exhibit B: Compensation, which is attached to the Contract and incorporated by this reference. 4.2 Except as specifically allowed herein, the total amount payable under the Contract by the County to the Contractor in no event will exceed: • 295,782.50 Dollars in 2016, • 623,416.00 Dollars in 2017, and • 647,437.00 Dollars in 2018. 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 after its termination, unless a provision of the Contract expressly provides otherwise. PUBLIC DEFENSE AGREEMENT FOR 2016- 2018 2 of 21 4.6 If the Contractor fails to perform any substantial obligation and the failure has not been cured within 20 business days following notice from the County, the County may, in its sole discretion and upon written notice to the Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. 4.7 At the end of services under this Contract, any investigation/social work revenues remaining with the Contractor shall be returned to the County within 30 days. SECTION 5. AMENDMENTS AND CHANGES IN WORK In order to be effective, any Contract extension, amendment or modification must be in writing and be signed by both parties. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless 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 Contract; provided that nothing herein shall require the Contractor to indemnify 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, 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 perform any work or service required of the Contractor under this Contract 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 4.25.115 and was subject of mutual negotiation. PUBLIC DEFENSE AGREEMENT FOR 2016-2018 3 of 21 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 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 workers' compensation insurance as required by Title 51, Revised Code of Washington, and will provide evidence of coverage to the County. The Contractor will also maintain employer liability coverage with a limit of not less than One Million Dollars ($1,000,000). 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 Million Dollars ($1,000,000) per occurrence. The aggregate limit will be at least Two Million Dollars ($2,000,000). Coverage will include owned, hired and non -owned automobiles. Automobile Liability Insurance providing bodily injury and property damage liability coverage for all personal vehicles assigned to or used in the performance by the Contractor of the work that is the subject of this Contractor, said insurance to have a combined single limit of not less than $500,000 each occurrence. D. General Commercial Liability Insurance in an amount not less than a single limit of One Million Dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000 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 Contractual Liability. vii. Personal Injury/Property Damage Liability, arising out of the use of non -owned vehicles for business purposes. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 4 of 21 7.2. Miscellaneous Insurance Provisions. A. The Contractor's liability insurance provisions will be primary with respect to any third party liability coverage maintained by the County for 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 claims -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. I. Proof that said insurance requirements have been and are being satisfied by the Contractor shall be kept current by the Contractor PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 5 of 21 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, 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. PUBLIC DEFENSE AGREEMENT FOR 2016-2018 6 of 21 SECTION 8. TERMINATION 8.1. In the event that the date of termination of the Contract passes without the parties' execution of a similar contract or the County has not selected another firm, then the Contract shall remain in force for 60 days, during which time monthly payments shall be paid at 1/12th the last annual Contract amount. 8.2. The Contractor will continue to actively represent, faithfully and with due diligence, all cases assigned under this Contract and complete those cases which remain pending following the termination of this Contract; 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. 8.3. If the County confronts a significant reduction in revenues for the Contract, and the Board of County Commissioners determines and adopts a finding that a financial emergency exists within the General Fund, in meeting its constitutional obligation to provide for indigent defense, the County may reopen the Contract for renegotiation notwithstanding any other termination provision in the Contract. Failure to reach mutual agreement upon renegotiation shall be grounds for the County to terminate the Contract. 8.4. The Contract may be terminated, upon thirty (30) days written notice for any material breach of any ofthe terms of the Contract by either party. After receipt of notice, and before termination, the party in default may cure the defect, in which case the Contract shall continue in force for the full term. The COUNTY shall pay a pro -rated share of the agreed funding upon termination based upon the balance of time remaining in the term unless otherwise negotiated. Upon such termination, the County, at its discretion, may obtain performance of the work elsewhere, and the Contractor 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. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 7 of 21 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 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 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. 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. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 8 of 21 13.2 Any action of law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in Superior Court for Jefferson County. SECTION 14. MISCELLANEOUS 14.1. No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 14.2. Tax Payments. The Contractor 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 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. 14.7. Entire Agreement. The parties acknowledge that this Contract as amended, 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. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 9 of 21 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 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 above: JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Date ON ASSOCIATED COUNCIL Dale ATTEST: APPROVED AS TO FORM ONLY: Carolyn Avery Date David Alvarez ate Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney PUBLIC DEFENSE AGREEMENT FOR 2016- 2018 10 of 21 SCOPE OF SERVICES. A. General Description. EXHIBIT A 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 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 Therapeutic 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. • Mental Health Court, and other therapeutic courts that may be established by the County. 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 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(38); 9.94A.570, or RCW 10.95.040, or involves a gravely serious offense, including, but not limited to, murder, sexually violent predator or an unusually large number of defendants, as from a massive drug arrest, either of which might necessitate a disproportionately large expenditure of attorney time for costs, not contemplated within this Contract, except as otherwise provided in Paragraph T. of Exhibit A and Paragraph B. of Exhibit B of this Contract. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 11 Of 21 • Washington Appellate cases, except that as part of an existing case, the Contractor shall assist clients in filing Notice of Appeal and initiate the process by which an appropriate agency can arrange for appellate counsel. B. Caseload and Points Per Case. Pursuant to the Points per Case table below, the Contractor will provide indigent defense for cases based on a total annual targeted caseload point value of 562 for July 1, 2016 -December 31, 2016, and 1,125 in 2017 and 2018 on a standard of 300 points per full-time attorney. The total annual targeted caseload point value includes all cases assigned on or after July 1, 2016 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. Points per case shall be counted as detailed below in Table 1 and further described below. TABLE l Type Points per Case 300 scale Misdemeanors pre judgment, 1.00 & RALJ appeals Misdemeanors ost-'ud ment 0.33 Juvenile Offenders pre -judgment 1.20 Juvenile Offenders post judgment 0.40 Open Juvenile Dependency 3.75 Juvenile Status Offenses 1.50 Felonies pre -judgment 2.00 Felonies post judgment 0.67 Civil Conte m t 0.67 Drug/Mental Health Court & Topside 1.20 Civil Commitments 1.20 • For 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 PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 12 of 21 considered as one case for caseload tracking purposes although the events may have occurred on different dates, unless the charges are severed for trial. • A case is counted when the Court screens the defendant for eligibility and appoints the Contractor, or the Judge directly appoints the Contractor from the bench. In recognition of various circumstances which can cause the termination of the Contractor's representation and/or the reappointment of a Contractor 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" shall be given to the firm or persons providing the County with indigent defense. Table 2 applies to any termination of representation, including but not limited to the following circumstances: • Defendant hires his own attorney; • Contractor must withdraw due to an ethical conflict of interest; • Contractor is removed from a case; OR • Contractor is reappointed although previously ceased representation after earlier appointment for same Defendant (typically Defendant hired a private attorney in between). TARIX 2 In any event, if the Contractor's attorneys have done no work on the case, no points shall be counted (for example, firm is appointed for a Civil Commitment, but the client is transferred to another jurisdiction and representation ends before the 72 hour hearing and before firm has done any work or met with the client, in which case no points shall be counted). PUBLIC DEFENSE AGREEMENT FOR 2016-2018 13 of 21 P is , r �t� Superior Court Up to and including initial Up to and including Upon successful appearance or arraignment completion of omnibus dispositive motion, any hearing or filing pretrial suppression motions, final motion. pre-trial hearing, entry of judgment, acquittal, or termination from drug court or mental health court. District Court Up to and including initial Up to and including pre- Upon readiness completed, appearance & arraignment trial hearing or filing successful dispositive (generally synonymous) pretrial motion motion, any suppression motions, pre-trial or trial completed Juvenile Up to and including initial Up to and including one or Upon fact-finding, appearance & arraignment more pre-trial hearing OR successful dispositive (usually occur at same filing pretrial motion motion, or any suppression time) motions completed. Civil Counsel prepares and/or Representation ends after Representation through Commitment meets with client, but 72 -hour hearing. additional confinement representation ends before hearing or less restrictive 72 -hour hearing. alternative. In any event, if the Contractor's attorneys have done no work on the case, no points shall be counted (for example, firm is appointed for a Civil Commitment, but the client is transferred to another jurisdiction and representation ends before the 72 hour hearing and before firm has done any work or met with the client, in which case no points shall be counted). PUBLIC DEFENSE AGREEMENT FOR 2016-2018 13 of 21 The parties acknowledge an open question on how to interpret the Washington State Standards for Indigent Defense as to therapeutic courts, especially Standard 3.6.B.iii. As presently interpreted in this Contract, representation of indigent defendants in therapeutic court is additive to JAC's representation of the defendant in the underlying case. Should the Office of Public Defense or Washington State Bar Association clarify the standard such that therapeutic court may be counted as part of the underlying case, the parties will promptly negotiate and execute an appropriate amendment to this Contract. 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 all associated counsel hired pursuant to this section shall be admitted to practice law pursuant to the rules of the Supreme Court of the State of Washington. Sufficient counsel shall be provided to represent defendants during vacation, illnesses, and simultaneous settings in more than one courtroom. E. The Contractor shall maintain a secure and private office accessible to clients where mail is received and process is served and confidentiality preserved in Port Townsend or the Tri -Area that 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. I. The Contractor will be available to appear in Court with the defendant. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 14 of 21 The Contractor shall not be assigned or accept a particular appointment if it would create a true bona fide conflict of interest or would otherwise constitute an actual violation of any generally recognized ethical or professional stands common and applicable to attorneys in the state of Washington. The Contractor shall have the right, for good cause, to decline to advise or represent, and, with consent and agreement of the Court and pursuant to Court rule, to withdraw from representing any person in any case referred or assigned to the Contractor. K. Expert Witness Fees. The County shall reimburse the Contractor for reasonable expert witness fees if the court orders an expert witness upon motion of the Contractor. The Contractor shall not incur expenses and fees for expert witnesses without prior Court approval pursuant to applicable statutes and Court rules. L. Discovery Provided. The County shall provide to the Contractor at no cost to the Contractor or the defendant one (1) copy of all discoverable materials concerning each assigned case with the exception of audio and video tapes which shall be made available for inspection in accordance with rules for discovery. The copy may be electronic or printed, at the sole discretion of the Prosecutor. M. Standards for Public Defense Services. The Contractor shall comply with 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, and as may be adopted and required by the Washington State Supreme Court. The Contractors' Attorneys shall each submit an affidavit to the County Clerk, stating that the Attorney is in compliance with such standards. N. 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. O. 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. P. The County has been awarded a State Office of Public Defense (OPD) Public Defender Improvement Grant in past years, and anticipates similar grants each year for the duration of this Contract. Under this Contract, Contractor is a subrecipient and staffing levels in this Contract include up to eight (8) attorney hours per week and up to forty (40) investigator/social work 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. Q. The Contractor shall separately manage and account for all revenues and expenditures for investigation/social work pursuant to Exhibit B. Section A.2. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 15 of 21 R. Reporting. The Contractor shall file monthly reports with the County in a format approved by the County as an electronic spreadsheet in Excel delineating each client the Contractor has been appointed to represent, 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 Contractor shall also include a summary of caseload points for month -to -date and year-to-date in a format approved by the County The Contractor shall also file quarterly reports in a format approved by the County including a detailed year-to-date financial report of all revenues and expenditures in a format consistent with the financial pro forma submitted as part of the Contractor's proposal or as approved by the County; including, but not limited to all personnel costs, overhead costs, rents and leases, and other costs directly associated with the Contractor's office. A separate accounting of all revenues and expenditures for investigative/social work services and the amount to be carried over to the next year or returned to the County at the conclusion of the contracted services. The quarterly report shall also list the attorneys and investigator/social work position and the % of FTE of each is dedicated to performing services under this Contract in the preceding quarter. The fourth quarter report shall also list for each public defense attorney the annual number and types of other cases outside this scope and the number of hours billed or caseload points equivalents. The quarterly reports are due on or before the fifteenth (15th) day after the end of each quarter (April 15th, July 15th October 15' and January 15th). The list below shows the required reports and due dates: # Report Information Due due date 1 Detailed Caseload by case type, case load points Monthly 15th of month 2 Summary Caseload by case type, points, MTD, YTD Monthly 15th of month 3 Attorney, Investigator List Percent of FTE on Contract quarterly 15th of month 4 Finance Report Revenue & Expense QTD, YTD quarterly 15th of month following qtr. 5 Investigative/Social Work Costs Investigative/Social Work expenses QTD, YTD quarterly 15th of month following tr. 6 Attorneys outside cases Annual outside caseload hours or caseload point count Annually January 15th 7 Medical Insurance costs Medical insurance annual premium costs (per Exhibit B Item D. Annually when received by Contractor 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 PUBLIC DEFENSE AGREEMENT FOR 2016-2018 16 of 21 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(38); 9.94A.570, or RCW 10.95.040 or involves a gravely serious offense, including, but not limited to, murder, sexually violent predator or an unusually large number of defendants, as from a massive drug arrest, either of which might necessitate a disproportionately large expenditure of attorney time for costs, not contemplated within this Contract, the County reserves the right to negotiate with Contractor compensation for the case, or the County Administrator and the Contractor may negotiate and finalize by letter caseload points for the case within this agreement, or the Court may appoint special counsel at court expense and administration. PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 17 of 21 EXHIBT B COMPENSATION A. 1. The Contractor agrees to perform the indigent defense services listed in Table 3 and herein, and shall comply with all Contract terms and conditions for an annual payment in 2016, 2017 and 2018 as follows (on a 300 Misdemeanor pre judgment defense and RALJ appeals cases per attorney point scale): TABLE 3 Year: 2016 2017 2Q18 July 1- tsnuary i, January 1= ber 31 emli 3Iecem6r1 Targeted nal aseloa& � ; M2 1;12 1,125 Pint: caseload tscaiiz uzo caluad. , (3ti0 scale) Legal Services Cost: $ 271,500 $ 574,000 $ 597,000 Attorney FTEs assigned 4.00FTEs 4.00 FTEs 4.00 FTEs annualized annualized annualized Investigative/Social Work $ 24,282.50 $ 49,416 $ 50,437 Services Cost: Investigator/Social Work 1.00 FTEs 1.00 FTEs 1.00 FTEs FTEs assigned: annualized annualized annualized CONTRACT TOTAL: $295,782.50 $ 623,426 $ 647,437 Investigative services cost above is in addition to legal services cost, and shall compensate Contractor for investigative services for each year sufficient for the targeted annual caseloads. 2. The Contractor shall separately manage and account for all revenues and expenditures for Investigation/Social Work Services; and shall be responsible for all expenses and fees for investigators/social work providers utilized in defense of cases assigned. County payments for investigation/social work may only be used for investigation/social work costs. Any payments for investigative/social work services from the County not utilized in one year shall be carried over and be added to investigation/social work funds available for use in the next. At the end of services under this Contract, any funds paid by the County for investigative services remaining shall be returned to the County within 30 days. 3. Compensation shall be monthly calculated at 1/12" of a flat annual fee. No additional fees, costs, charges, telephone fees, paralegal fees, delivery fees, or any other reimbursable expenses will be allowed. PUBLIC DEFENSE AGREEMENT FOR 2016- 2018 18 of 21 4. The Contractor shall be responsible for complying with all applicable standards at their sole cost, unless mutually agreed to by the Contractor and the County. B. Adjustments for Contracted Caseload. The Contractor shall give the County Administrator 30 days notice of the potential for exceeding 103% of the targeted 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 103% of the targeted annual contracted caseload point value will be compensated based on their point value and the firm's average cost and average investigation/social work cost per targeted point in that year. For additional 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 any one year is less than 90% of the targeted annual contracted point value for that year, the contracted caseload and compensation for costs in the succeeding year shall be decreased on April 1 proportionately as measured from 90% of the targeted annual contracted point value for that year. 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 number of defendants, as from a massive drug arrest, either of which might necessitate a disproportionately large expenditure of attorney time for costs, not contemplated within this RFP, the County reserves the right to negotiate with the Contractor compensation for the case, or the County Administrator and the Contractor may negotiate and finalize by letter caseload points for the case within this agreement, or the Court may appoint special counsel at court expense and administration. C. Invoicing. Invoices shall be monthly and may be submitted the month immediately preceding each month of work to be performed. Invoices shall be submitted to the County Administrator's Office located at 1820 Jefferson Street, P.O. Bax 1220, Port Townsend, WA 98368. The monthly invoice shall be in the form specified by the County, and payment shall be reviewed for approval by the appropriate County representative. The County shall pay all valid invoices using its normal invoice payment process and schedule. D. Given the unpredictability of medical insurance premiums, if the cost of health insurance premiums for the contractor is plus or minus 5% of the amount budgeted, the annual contract PUBLIC DEFENSE AGREEMENT FOR 2016 - 2018 19 of 21 payment for that year shall be adjusted by the amount above or below the premium amount budgeted. Premium costs increases attributable to enhancements in medical benefits shall be excluded. The Contractor shall provide documentation to the County of medical premium costs when the rate notification is received from the provider. (This requested information is also shown on the required report listing in Exhibit A, Section R.) PUBLIC DEFENSE AGREEMENT FOR 2016 -1018 20 of 21 EXHIBIT C WASHINGTON STATE OFFICE OF PUBLIC DEFENSE COUNTY/M IV VSIE OF ffATE PUBLIC DEFENSE FUINDIM; (asametided-Jum 2" State, funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be used to supplant local funds that were being spent on public defense services prior to the initial disbursement of state funds. State funds must be spent to improve -the quality of legal representation directly received by indigent defendants. The funds cannot be spent on purely administrative functions. Following are guidelines regarding permitted use of state public defense funds. L State public defense funding under Chapter 10.101 RCW ipskr be used in the fallowing ways: a) Additional investigator services b) Additional expert services c) Creation of a public defense office d) New quality monitoring by an attorney coordinator who can act as a legal supervisor for the attorneys providing public defense (but non -attorney administrative employees of the county or city are not an approved use of funds) e) Computers or access to electronic legal research systems for public defenders I) Increase in public defense attorney compensation g) Provision of public defense services at first appearance calendars (or increase of first appearance services if public defenders are already provided) h) Addition of more attorneys to lower public defense caseloads i) Addition of social worker services to assist public defense attorneys j) Direct training costs to train public defense attorneys k) Evaluations of defendants for sentencing options, such as drug evaluations, SSOSA,DOSA 1) Provision of internet connectivity (e.g. wireless) for public defense attorneys m) Provision of interpreter services for altomey-client interviews and communication (but in -court interpreter appointments required under Chapter 2.43 RCW are not an approved use of funds) 2. State public defense funding under Chapter 10.101 RCW Wv not be used in the folh1wing ways: a) Supplanting county or city funds used for public defense services -prior to the initial disbursement of state funds to the county or city b) Billing or other administrative costs incurred by the county or city in administering the public defense program c) Indigency screening d) County, city or court technology systems or administrative equipment e) County or city -attorney time, including advice on public defense contracting, except as provided in Section I (d) above. PUBLIC DEFENSE AGREEMENT FOR 2016- 2018 21 of 21