HomeMy WebLinkAbout121018_ca14 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Mark McCauley, Central Services Director
DATE: December 10, 2018
SUBJECT: Extension of Public Defense Agreement: Jefferson Associated Counsel
STATEMENT OF ISSUE:
Board of County Commissioner approval is requested for a two and a half year extension of the Public
Defense Agreement with Jefferson Associated Counsel up through June 30, 2021.
ANALYSIS:
Jefferson County and Jefferson Associated Counsel entered into a Public Defense Agreement on June 20,
2016. The term of the agreement was from July 1, 2016 through December 31, 2018. The agreement
provided for an extension by written amendment provided the entire contract term did not extend beyond a
five-year term. The attached amendment reflects changes in period o performance to reflect the extension
period and adjustments in compensation. It also changes some termination language for added clarity. All
other agreement terms remain in effect.
FISCAL IMPACT:
As proposed, the cost of indigent defense would be:
Year: 2019 2020 2021
January 1- January 1- January 1_
December 31December 31 June 30
Targeted Annual Caseload 1,125 1,125 562
Points: caseload points caseload points caseload points
(300 scale) (300 scale). (3 D0 scale)
Legal Services Cost: $ 659,678 $ 688,605 $ 344,303
Attorney FTEs: 4.0 FTEs 4.0 FTEs 4.0 FTEs
annualized annualized annualized
Investigative ServicesCost: $ 51,315 $ 53,977 $ 26,988
Investigator FTEs: 1.00 FTEs 1.00 FTEs 1.00 FTEs
annualized annualized annualized
CONTRACT TOTAL: $ 710,993 $ 742,582 $ 371,291
The extension costs $1,824,866 over its two and a half year term. Costs escalate 9.8% in 2019 and 4.4% in
2020. There is no cost escalation in 2021.
RECOMMENDATION:
Staff recommends that the Board make a motion approving the proposed extension of the Public Defense
Agreement with Jefferson Associated Counsel.
REVIEWED BY:
Alikede
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Phi ip Morle , Co my Administrator Date
AMENDMENT TO PUBLIC DEFENSE AGREEMENT BETWEEN JEFFERSON
ASSOCIATED COUNSEL AND JEFFERSON COUNTY
This Amendment to the Public Defense Agreement dated June 20, 2016 is made and entered
into by and between Jefferson Associated Counsel and Jefferson County, a political subdivision
under the laws of the State of Washington ("Jefferson County"), (collectively "Parties") for the
extension of the contract term and to adjust the compensation payable under the agreement.
WHEREAS, the Parties want to amend the Public Defense Agreement entered into between
them;
NOW, THEREFORE,the Parties agree as follows:
1. Purpose. The purpose of this Amendment to Public Defense Agreement is to revise
the Public Defense Agreement between the Parties. All terms of the Public Defense Agreement
between the Parties remain unchanged, except as modified in this Amendment.
2. Amendment.
a. Current language in subsection 1.1 is amended to read: "The Contract becomes
effective on January 1, 2019 and will terminate on June 30, 2021, unless otherwise terminated
pursuant to Section 8."
b. Subsections 1.2 and 1.3 are deleted.
c. Current language in subsection 4.2 is amended to read: "Except as specifically
allowed herein, the total amount payable under the Contract by the County to the Contractor in no
event will exceed:
• 710,993 Dollars in 2019,
• 742,582 Dollars in 2020, and
• 371,291 Dollars in 2021."
d. Current language in subsection 8.1 is amended to read: "In the event that the term of
the Contract expires without the parties' execution of a similar contract and the County has not
selected another firm,then the Contract shall remain in force for 60 days during which time
monthly payments to the Contractor shall be paid at 1/6th the 2021 Contract amount.
e. Current language in subsection 8.2 is amended to read: "If this Contract is
terminated before the contract term expires the Contractor will continue to 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 for 60 days during which time monthly
payments to the Contractor shall be based on the cost per caseload point multiplied by the number
of caseload points in each month.
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f. Current language in the first paragraph of Section B. of Exhibit A is amended to
read: "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 1,125 for 2019, 1,125 for 2020 and
562 for January 1, 2021 through June 30, 2021 on a standard of 300 points per full time attorney.
The total annual targeted caseload point value include all cases on or after January 1, 2019 and
January 1 each year thereafter, as specified in this Contract and any subsequent contract, multiplied
by their case-type point values, and summed for the calendar year."
g. Current language in Paragraph A.1 of Exhibit B—COMPENSATION is amended
to read: "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 2019,
2020 and 2021 as follows (on a 300 Misdemeanor pre judgment defense and RALJ appeals cases
per attorney point scale):
TABLE 3
Year: 2019 2020 2021
January 1- January 1- January 1-
December 31 December 31 June 30
Targeted Annual Caseload 1,125 3425 562
points: caseload points caseload points caseload points
(300 stale) (300 scale) - . (300 scale)
Legal Services Cost: $ 659,678 $ 688,605 $ 344,303
Attorney FTEs: 4.0 FTEs 4.0 FTEs 4.0 FTEs
annualized annualized annualized
Investigative Services Cost: $ 51,315 $ 53,977 $ 26,988
Investigator FTEs: 1.00 FTEs 1.00 FTEs 1.00 FTEs
annualized annualized annualized
CONTRACT TOTAL: $ 710,993 $ 742,582 $ 371,291
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."
(SIGNATURES FOLLOW ON NEXT PAGE)
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FOR Jefferson Associated Counsel:
Richard Davies
Date
FOR JEFFERSON COUNTY:
David Sullivan, Chair Board of County Commissioners
Date
APPROVED AS TO FORM ONLY:
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
/21d/
Date
Attest:
Carolyn Gallaway Date
Deputy Clerk to the
Board
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