Loading...
HomeMy WebLinkAboutJefferson Associated Counsel - 062413_$0 -, )D [I AMENDMENT No.2 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 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 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, on January 22, 2013, the County adopted Amendment No. 1 providing additional funding for providing representation for Mr. Pierce 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 WHEREAS, jury selection for the case will commence in July 2013, with the rest of the case ensuing, and an extension of funding and representation for Mr. Pierce is therefore necessary; and AMENDMENT NO. 2 TO PUBLIC DEFENDER AGREEMENT By and Between Jefferson Associated Counsel and Jefferson County WHEREAS, the County and JAC have negotiated funding terms for providing continued 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; NOW, THEREFORE, the parties agree as follows: 1. Paragraph U. in Exhibit A Scope of Services is amended to read, 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 August 31, 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 support/supplies. 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 August 31, 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. A new Sub -Paragraph A.5. 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, except that should there be a sentencing phase of the case following a conviction or plea agreement, the County shall pay JAC $4,630.20 per month for the sentencing phase, prorated by the number of days of the sentencing phase. Said compensation shall start January 1, Page 2 of 3 AMENDMENT NO. 2 TO PUBLIC DEFENDER AGREEMENT By and Between Jefferson Associated Counsel and Jefferson County 2013 and continue through August 31, 2013 or termination of defense for State v. Pierce, whichever comes first. The total compensation for this eight -month period shall not exceed $61,736. Should the hours necessary for defense in State v. Pierce change significantly, either party may seek additional amendment(s) to reflect the changed workload in an amount adjusted at a prorated rate. Invoicing for defense in State v. Pierce shall be pursuant to Paragraph C, below. Except as set forth in this Amendment No. 2, all other terms of the original February 22, 2011, Public Defense Agreement as amended by the January 22, 2013, Amendment No. 1 remain in full force and effect. APPROVED and signed this g T 'day of June, 2013. JEFFERSON COUNTY JEFFERSON ASSOCIATED COUNSEL BOARD OF COMMISSIONERS John Au$ti , Chair Date INhard Davie Da Attest: Ar tAA6 Carolyn Av i ry Date Deputy Clerk of the Board Approved as to Legal Sufficiency Only: "J 'C�2s� 6 J / 3 David Alvarez Date Deputy Prosecuting Attorney Page 3 of 3 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Deputy Clerk of the Board DATE: June 24, 2013 SUBJECT: AGREEMENT, Amendment No. 2 re: Public Defense Agreement, State v. Pierce 09-1-00058-7; In the Amount of $7,717 per Month, Except During Sentencing Phase Amount is $4,630.20, not to Exceed $61,736; Jefferson County Administrator; Jefferson Associated Counsel STATEMENT OF ISSUE: Board of County Commissioner approval is requested for Amendment No. 2 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. 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. On January 22, 2013 the Board approved Amendment No. 1 to extend the Public Defense Agreement through June 30, 2013. Amendment No. 2 extends representation through August 31, 2013 or end of trial, whichever is first; and continues compensation in the amount of $7,717 per month, except during the sentencing phase where compensation is set at 60% ($4,630.20). FISCAL IMPACT: The cost for this case is not currently in the 2013 County Budget, and will require a 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 3`d quarter of 2013, along with other trial expenses. RECOMMENDATION: Approve AGREEMENT, Amendment No. 2 re: Public Defense Agreement, State v. Pierce 09-1-00058-7; In the Amount of $7,717 per Month, Except During Sentencing Phase Amount is $4,630.20, not to Exceed $61,736; Jefferson County Administrator; Jefferson Associated Counsel REW19WEDVBY.,�Ph orlemist ator Date CONTRACT REVIEW FORM CONTRACT WITH: Jefferson Associated Counsel CONTRACT FOR: Amendment No. 2 Public Defense Agreement TERM: August 31, 2013 COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETURN TO: in AMOUNT: Revenue: N/A Expenditure: N/A Matching Funds Required: N/A Sources(s) of Matching Funds N/A Source of Funds Administrator 385-9100 RETURN BY: PROCESS: X Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: Step 1: REVIEW BY RIS , A IMENT Review by: Date Reviewed: 9 APPROVED FORM ❑ Returned for revision (See Comments) Comments Step 2: REVIEW BY PRO Review by: Date Reviewed: APPROVED AS TO FORM Comments F1 yc? -list— 13 Returned for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 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.) �— a ACCW ' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11 /26/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON, THE„CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR_ALTER THE COVERAGE dFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT "BETWEEN THE fSSUIN'G"1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A stateplLe�t on this,,celificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAM E: a/cNt o Ext) 360-344 3351 � `A/ N : _ Gary Baird(7913332) 210 Polk St Ste 11 ADDRESS: aird farmersa ent.c m f' INSURERS AFFORDING COVERAGE NAIC # INSURERA: Truck Insurance Exchange 21709 Port Townsend WA 98368-6739 INSURED INSURER B: Farmers Insurance Exchange 21652 INSURERC: Mid Century Insurance Company 21687 JEFFERSON ASSOCIATED COUNSEL INSURER D : 624 POLK STREET INSURER E INSURER F : PORT TOWNSEND WA 98368 c ESv.� zr t�FS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR ' INSR WVD POLICY NUMBER MM DDIYYYY MM DDY/YYYY I, I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ '�_COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 7,- $ _ D,000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 _ B 035084007 02/01/2015 02/01/2016 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 1 $ 1,000,000 $ POLICY PRO- JFrT LOG AUTOMOBILE LIABILITY MBINED SINGLE LIMIT COEa accident $ 1,000,000 _ --i ;ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ B j ALL OWNED SCHEDULED 035084007 02/01/2015 i)2/01/2016 AUTOS AUTOS PROPERTY DAMAGE Per accident -- $ __ NON -OWNED X �J HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- T Y LI T _— AND EMPLOYERS' LIABILITY Y/N ANY PROPRIEI'OR/PARTNERiEXECUIIVE � _ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE OFFICER/MEMBER EXCLUDED? F (Mandatory in NH) N / A $ E.L. DISEASE -POLICY LIMIT $ j If yes, describe under DESCRIPTION OF OPERATIONS below I j DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 624 POLK STREET, PORT TOWNSEND, WA 98368 JEFFERSON COUNTY, WA PO BOX 1220 PORT TOWNSEND WA 98368 UANUIZLL.A I JUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFC RE THE EXPIRATION! DATE THEREOF, NOTICE WILL BE DELIVERED is ACCORDANCE WITH THE POLICY PROWSIONS. AUTHORIZED ACORD 25 (2010105) L 1933-2010 ACORD CURPORA I IUN. An rlgnts reser• eo. The ACORD name and logo are registered marks of ACORD ..1AU11 fir 9213 AMENDMENT No.1 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 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 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. A new 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 support/supplies. 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. A new Sub -Paragraph A.5. 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 '-Z'Z day of V , 2013. JEFFERSON COUNTY BOARD OF COMMISSIONERS qd, a4'-7-�7 k ) `L2 11-3 Jo Austin, Chair Date Attest: Raina Randall Date Deputy Clerk of the Board Approved as to Legal Sufficiency Only: 6j Ui,4��/ David Alvarez Deputy Prosecuting Attorney JEFFERSON ASSOCIATED COUNSEL Richard Davies Dake Page 3 of 3 PUBLIC DEFENSE AGREEMENT By and Between JEFFERSON ASSOCIATED COUNSEL And JEFFERSON COUNTY Purpose: The purpose of this Agreement is to provide mandated legal defense services to eligible persons charged with offenses or at risk of a loss of liberty or liberty interest in the courts of Jefferson County. Parties: This Contract for Professional Services (the Contract) is entered into by Jefferson County, a political subdivision and municipal corporation of the State of Washington, having its principal offices at P.U. Box 1220, Port Townsend, WA 98368 (hereinafter "County") and Jefferson Associated Counsel, a non-profit corporation having its principal offices at 333 Benedict Street, Port Townsend, WA 98368 (hereinafter "Contractor"). SECTION 1. PERIOD OF PERFORMANCE 1.1 The Contract will become effective on March 1, 2011, and terminate on December 31, 2013; and may be renewed for up to two additional one-year terms by mutual agreement by the parties. In no event will any extension of the Contract become effective unless and until it is approved and executed by the Jefferson County Board of Commissioners. The contractor will notify the County of their desire to renew the contract six months before its expiration. 1.2 In the event that the date of termination of the contract passes without the parties' execution of a similar contract or the County has not selected another Firm, then the contract shall remain in force for 60 days, during which time monthly payments shall be paid at 1/12t" the last annual contract amount. 1.3 The public defense firm will continue to actively represent, faithfully and with due diligence, all cases assigned under this Agreement and complete those cases which remain pending following the termination of this Agreement; provided that, in the event there is no contract between the County and public defense firm, the public defense firm will not be obligated to continue representing cases beyond thirty (30) days after termination pursuant to subsections 1.2 or 1.3, whichever is later, and the County shall compensate the public defense firm at a reasonable fee established by the Court for said outstanding cases. SECTION 2. SERVICES TO BE PROVIDED 2.1 A description of the services to be performed by the Contractor is set forth in Exhibit A: Description of Services, which is attached to the Contract and incorporated by this reference. 2.2 The Contractor agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, or labor will be furnished by the County. P1IHLIC DEFENSE AGREENIENT" FOR 2011- 2013 - JEFFERSON ASSOCIATED COUNSEL AND JEFFEHSQN COUNTY 1 of 19 2.3 The Contractor will perform the work specified in the Contract according to standard industry practices and in conformity with state law. 2.4 The Contractor will complete its work in a timely manner and in accordance with the schedule agreed to by the parties. 2.5 The Contractor will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by the County. SECTION 3. CONTRACT REPRESENTATIVES 3.1 The County and the Contractor will each have a contract representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: COUNTY Jefferson County Philip Morley, County Administrator 1820 Jefferson Street P.O. Box 1220 PortTownsend, WA 98368 (360) 385-9100 PUBLIC DEFENDER Jefferson Associated. Counsel Richard Davies, Director 333 Benedict Street Port Townsend, WA 98368 (360) 385-5613 TCa i>1�,i1� tIS,i'_Ct SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Exhibit B: Compensation, which is attached to the Contract and incorporated by this reference. 4.2 Except as specifically allowed herein, the total amount payable under the Contract by the County to the Contractor in no event will exceed: • Four Hundred Eight Thousand Four Hundred Fifty Three Dollars ($408,453.00) in 2011, • Five Hundred Five Thousand Eight Hundred Fifty One Dollars ($505,851.00) in 2012,.and • Five Hundred Twenty Six Thousand Seven Hundred Eighty Eight Dollars ($526,788.00) in 2013. PUBLIC DEFENSE AGREEMENT FOR 2011-2013-JFFFERSON ASSOCLITED COUNSELANDJEFFERSON COUNTY 2 of 19 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. 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 revenues remaining with the Contractor shall be returned to the County within 30 days. SECTION 5. AMENDMENTS AND CHANGES IN WORK In order to be effective, any Contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contract. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION The Contractor shall indemnify and hold the County, and its officers, employees, and agents 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 Agreement; 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 agreement wherein payment for such work or services is sought; and, solely for the purpose of this indemnification in defense, the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.25.115 and was subject of mutual negotiation. PUBLIC DEFENSE AGREEMENT FOR 21111 - 2013- JEFFERSON ASSOCIATED COUNSEL AND JEFFER.SO?1 COUNTS` 3 of 19 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. Workers Compensation and Employer's Liability. The Contractor will maintain workers' compensation insurance as required by Title 51., Revised Code of Washington, andwill provide evidence of coverage to the Jefferson County Risk Management Division. If the Contract is for over $50,000, then the Contractor will also maintain employer liability coverage Arith 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 Million 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 (S1,000,000.00) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall include the following minimum coverages: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability, including: completed operations; iv. Premises - Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. vii. Personal Injury/Property Damage Liability, arising out of the use of non -owned vehicles for business purposes. PUBLIC DEFENSE AGAFENEW FOR 2011 - 2013 -- JEFFERSON ASSOCLITED COUNSEL AND .IEFFERSON COTI. n' 4 of 19 7.2. Miscellaneous Insurance Provisions. A. The Contractor's liability insurance provisions will be primary with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees and agents. B. The Contractor's commercial general liability insurance and automobile liability insurance will include the County, its officers, officials, employees and agents with respect to performance of services. C. The Contractor's commercial general liability insurance and automobile liability insurance will contain no specific limitations on the scope of protection afforded to the County as an additional insured. U. 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 2011 - 2013-JEFFERSON ASSOCIATED COUNSEL AND JYFFERSON COUNTY 5 of 19 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 2011- 2013-.IEFFERSON ASSOCfATED COUNSEL AN11 JF.FFERSOti COl INTY 6 of 19 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 1/121h the last annual contract amount. 8.2. The Contractor will continue to actively represent, faithfully and with due diligence, all cases assigned. under this Agreement and complete those cases which remain pending following the termination of this Agreement, provided that, in the event there is no contract between the County and Contractor, the Contractor will not be obligated to continue representing cases beyond thirty (30) days after termination on December 31, 2013 or pursuant to subsection 8.1., whichever is later, and the County shall compensate the Contractor at a reasonable fee established by the Court for said outstanding cases. 8.3. 1f 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 Agreement may be terminated, upon thirty (30) days written notice for any material breach of any of the terms of the agreement by either party. After receipt of notice, and before termination, the party in default may cure the defect, in which case the agreement shall continue in force for the full term. The COUNTY 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 tide 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. PVH1.JC DEFENSE AGREEI4IF.NT FOR 2011-2013-.JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 7 of 19 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. PUBLIC DNFF.NSFAGRE£NSENT FOR 2011-24173-JEFFERSON ASSOCIATED COUNSEL AND JEFFERSOti COUNTY 8 of 19 SECTION 13. CHOICE OF LAW, JURISDICTION AND VENUE 13.1 The Contract will be construed as having been made and delivered within the State of Washington, and it is agreed by each party that the Contract will be governed by the laws of the State of Washington, both as to its interpretation and performance. 13.2 Any action of law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in Superior Court for Jefferson County. SECTION 14. MISCELLANEOUS 14.1. No Waiver. 'The parties agree that the excuse or forgiveness of performance, or waiver of any 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. PUBLIC DEFENSEAGREEMEN IYOR2011-2013-.IEFFERSON ASSOCIATFDCOL'NSEL AND JEFFERSON COUNTS 9 of 19 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 vdth the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. IN WITNESS WHEREOF: Jefferson County and the Contractor have signed this contract on the date noted: JEFFERSON COUNTY 1, $y: ;t Date Chairman ATTEST: Rain- Randall D-t Depuzy Clerk of the Board CONTRACT SERVICE PROVIDER Title: APPROVED AS TO FORM ON Y: ,2. Z611 "nxv �y _ David Alvarez Date Deputy Prosecuting Attorney 1 PUBLICDEFENSE AGREEMENT FOR 2011 -2013- JEFFERSON ASSOCIA FED COLNSEL ANO JEFFERSON COUNTY 10 of 19 EXHIBIT A SCOPE OF SERVICES. A. General Description. Contractor will provide legal representation in compliance with Chapter 10.101 RCW and the Rules of Professional Conduct to all indigent defendants charged under ordinances of -'the County and City of'Port Townsend, and the laws of Washington State who qualify for appointed counsel as appointed by the Court. The Contractor will provide legal representation in Superior Court, Juvenile Court and District Court for certain indigent defenders including: • Adult Superior 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. 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(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 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. PUBLIC DEFENSE AGREEMENT FOR 2011 -2013-.JEFFERSON ASSOCIATED COUNSEL AAD JEFFERSON COUNTY I I of 19 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 contracted caseload point value of 1,292 in 21011, and 1,550 each year thereafter. Type Paints per Case scale of 400) DISTRICT COURT Misdemeanors pre judgment, & RALJ appeals 1.00 Misdemeanors post judgment 0.25 JUVENILE COURT Juvenile Offenders pre judgment 1.60 Juvenile Offenders post judgment 0.40 Open Juvenile Dependency 5.00 Juvenile Status Offenses 2.00 SUPERIOR COURT Felonies pre judgment 2.67 Felonies post -judgment 0.67 Civil Commitments & Drug Court 1.60 The total annual contracted caseload point value includes al I cases assigned on or after March 1, 2011 and January l each year thereafter, as specified in this Contract and subsequent contract, multiplied by their case -type point values, and summed for the calendar year. • For purposes of tracking 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 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. PUBLIC DEFENSE AGREEMENT FOR 2011 - 2013 - 3EFFERSONASSOC611'E.D COUNSEL AND JEFFERSON COUNTY 12 of 19 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 hover much credit on the "points per case (scale of 400)" shall be given to the firm or persons providing the County with indigent defense. This chart applies to any of the following circumstances: • Defendant hires his own attorney; • Public defense firm must withdraw due to an ethical conflict of interest; • Public defense firm is removed from a case, OR • Public defense firm is reappointed although previously ceased representation after earlier appointment for same Defendant (typically Defendant hired a private attorney in. between). VENUE One -Fifth Credit Half Credit for Full Credit for for Points per Case Points per Case Points per Case Superior Court Up to and including Up to and including Upon successful initial appearance or completion of Omnibus or diapositive motion, any arraignment unsuccessful dispositive suppression motions, pre - motion trial or trial completed District Court Up to and including Up to and including pre- Upon readiness completed, initial appearance & trial motion or successful dispositive arraignment unsuccessful dispositive motion, any suppression (generally motion motions, pre-trial or trial Synon mous) completed 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 dispositive motion, or any suppression occur at same time) motion motions completed. In any event, if the public defensefirm's attorneys have done no work on the case, no points shall be counted. C. Screening. Determination of indigency for eligibility for appointed counsel for this contract will be determined by the court. Should the Contractor determine a defendant is not eligible for assigned counsel, the Contractor will so inform the court and move to withdraw from the case. D. Associated Counsel. Any counsel associated with or employed by the Contractor shall have the authority to perform the services called for herein, and the Contractor may employ associated counsel to assist at the Contractor's expense. The Contractor and 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. PUBLIC DE FENSF AGREEMENT FOR 2011 - 2013 - JFYFF.RSON ASSOCIATED COUNTSEL AND JEFFF.RSON COUNTY 13 of 19 E. The Contractor shall maintain a secure and private office accessible to clients where mail is received and process is served and confidentiality preserved. in Port Townsend or the Tri-Area that will be open during regular business hours, said hours to be determined by Contractor. The office shall be staffed by an attorney and a secretary/paralegal, who is available for both office support and to assist the public in referrals to other agencies, and for general consultation and advice. The Contractor must maintain a phone with answering service or equipment so they are accessible to clients. F. In addition, the office will provide an attorney to represent defendants in conformity with CrRLJ 3.1 and CrR 3.1. To assist in the smooth operation of the courts, the Contractor's office will provide counsel to represent defendants, even in the absence or unavailability of a particular defendant's assigned counsel for scheduled court appearances. G. The Contractor shall have adequate staff available to respond to emergency and non - emergency calls 24 hours a day, 365 days a year. Such response is intended to satisfy requests from arrested individuals asserting their right to speak with counsel. H. Twenty -Four Hour Telephone Access, The Contractor shall provide and timely update as necessary the Jefferson County Jail and JeffCom 911 Dispatch Center with the telephone number or numbers at which the Contractor can be reached for critical -stage advice to defendants during the course of police investigations and/or arrests twenty-four (24) hours each day. 1. The Contractor will be available to appear in Court with the defendant. J. The Contractor shall not be assigned or accept a particular appointment if it would create a true bona fide conflict of interest or would otherwise constitute an 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 investigations shall only be used for that purpose. Any investigation revenues from the County not utilized in one year shall be carried over and be added to investigation funds available for use in the next. At the end of services under the County contract, any investigation revenues remaining shall be returned to the County. The Contractor may apply to the court, under exceptional circumstances, for expert witness funds to be used for investigative services, subject to the approval of the court. PUBLIC DEFENSE AGREEMENT FOR 2011- 2013- JEFFERSON ASSOCIATED COUNSEL AND JEFFEMSON COUNTY 14 of 19 L. Expert Witness, Investigator Fees. The County shall reimburse the Contractor for reasonable expert witness and investigator fees if the court orders an expert witness upon motion of the Contractor. The Contractor shall not incur expenses and fees for expert witnesses without prior Court approval pursuant to applicable statutes and Court rules. A Discovery Provided. The County shall provide to the Contractor at no cost to the Contractor or the defendant one (1) copy of all discoverable materials concerning each assigned case with the exception of audio and video tapes which shall be made available for inspection in accordance with rules for discovery. The copy may be electronic or printed, at the sole discretion of the Prosecutor. N. Standards for Public Defense Services. The Contractor shall comply with the standards for public defense services as adopted as guidelines by the County by Ordinance No. 04- 0323-09 or subsequent County ordinance adopted pursuant to chapter 10.101 RCW, or as may be adopted andrequired by the Washington State Supreme Court. The Contractor shall submit an affidavit to the County Clerk, stating that the Contractor is in compliance ,,;rith such standards. O. The Contractor and associated counsel will annually attend training approved by the Office of Public Defense, continuing legal education in areas relating to their public defense practice. P. Staffing Levels. Throughout the term of the contract, the Contractor must provide a sufficient number of attorneys to adequately staff appearances at Jefferson County Superior, Juvenile and District Courts. Q. The County has been awarded a State Office of Public Defense (OPD) Public Defender Improvement Grant for 2011, and anticipates similar grants each year thereafter. Under this Contract, Contractor is a subrecipient and staffing levels in this Contract include eight (8) attorney hours per week and twenty (20) investigator hours per week, which constitute public defender improvements and which shall comply with Washington State Office of Public Defense County/City Use of State Public Defense Funding (as amended June 2008) attached as Exhibit C, or as subsequently amended thereafter by the OPD. R. Reporting. The Contractor shall file monthly reports with the County as an electronic spreadsheet in Excel delineating each client the Contractor has been appointed to represent in the year to date, including but not limited to the cause number(s), type of case pursuant to this Contract, date of assignment, charge(s), each case's caseload points pursuant to this Contract, court, assigned defense attorney, disposition, bench or jury trial, and whether an appeal was filed. The monthly reports are due on or before the tenth (10a') day of each month. The Contractor shall also file third and fourth quarter 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 PUBLICDEFEEiSE ACRELME:NT FOR 2011-.2013-JF.FFF,RSON ASSOCIATEDCO"SELAVD.IEFFF:RSON COUNTY 15 of 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 for 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 (I O`h) day after the end of each quarter (October I01h, January 10`h). S. Expressly excluded from the scope of services of the contract between the Contractor and Jefferson County is any legal work the Contractor may undertake in the civil arena for persons it is representing on criminal matters. Such civil matters may include, but are not limited to, legal representation relating to landlord -tenant, liens not arising from the criminal matter, garnishment, worker's compensation, bankruptcy and all other aspects of civil law. This exclusion applies even in those circumstances where the criminal matter is allegedly related to or connected with the civil law assistance the public defense client may seek or require. T. In the event of appointment involving cases in which the State seeks a special sentencing procedure pursuant to RCW 9.94A.030(33); 9.94A.570, or R.CW 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 and/or the Court may appoint special counsel at court expense and administration. PUBLIC DF,FENSLAGREEMENTFOR20L 1-2013-JEFFERSON ASSOCLAUD COUNSEL AND JEFFERSON COL'YJ'Y 16 of 19 EXHIBT B COMPENSATION A. 1. The Contractor agrees to perform the services listed herein and comply with all Contract terms and conditions for an annual payment in 2011, 2012 and 2013 as follows: Fee Schedule 2011 2012 2013 March 1-December 31 January 1-December 31 January 1-December 31 Annual Caseload 1,292 caseload points 1,550 caseload points 1,550 caseload points Points Annual Cost: ._[3.75 S 381,812.00 S 472,995.00 S 493,624.00 Attorney FTEs FTEs annualized 3.75 FTEs annualized 3.75 FTEs annualized assigned In addition to and above the costs in the table above, the County shall pay Contractor for investigative services for each year sufficient for each of the caseloads as follows: Investigations 2011 2012 2013 Fee Schedule March 1-December 31 January 1-December 3l January 1-December 31 Investigative S 26,641.00 S 32,856.00 S 33,164.00 Services Cost: Investigator FTEs 0.75 FTEs annualized 0.75 FTEs annualized 0.75 FTEs annualized assigned: CONTRACT 2011 2012 2013 TOTAL March 1-December 31 January I -December 31 January 1-December31 Total Cost: S 408,453.00 $ 505,851.00 S 526,788.00 2. The public defense firm shall separately manage and account for all revenues and expenditures for investigation; and shall be responsible for all expenses and fees for investigators utilized in defense of cases assigned. County revenues for investigations may only be used for that purpose. Any investigation revenues from the County not utilized in one year shall be carried over and be added to investigation funds available for use in the next. At the end of services under this Contract, any investigation revenues remaining shall be returned to the County within 30 days. The public defense firm may apply to the court, under exceptional circumstances, for expert witness funds to be used for investigative services, subject to the approval of the court. 3. Compensation shall be monthly calculated at 1/12th of a flat annual fee. No additional fees, costs, charges, telephone fees, paralegal fees, delivery fees, or any other reimbursable expenses will be allowed. A monthly billing statement shall be submitted. in the form specified by the County and payment shall be reviewed for approval by the appropriate County representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. PUBLIC DEFENSE AGREEVIIENT FOR 2011-2013-JEFFERS01% ASSOCIATED COIIVSEL AND JEFFERSON COUNTY 17 of 19 4. The Contractor shall be responsible for complying with applicable standards at their sole cost, unless mutually agreed to by the Contractor and the County. B. Adjustments for Contracted Caseload. The Contractor shall give the County Administrator 30 days notice of potential for exceeding the total annual contracted caseload point value. The total annual contracted caseload point value includes all cases assigned as specified in this Contract and subsequent contracts, multiplied by their case -type point values, and summed for the calendar year. It shall be the determination of the County Administrator as to whether the total contracted caseload point value is exceeded. Cases exceeding the total annual contracted 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. 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 87% of the total annual contracted point value for that year, the contracted caseload and compensation for the succeeding year shall be decreased proportionately. Should the City of Port Townsend withdraw from having JefTerson County provide forindigent 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 and/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 proceeding each month of work to be performed. Invoices shall be submitted to the County Administrator's Office located at 1820 Jefferson Street, P.O. Box 1220, Port Townsend., RA 98368. Invoice amounts shall be 11112 the annual contract amount. The County shall pay all valid invoices using its normal bill paying process. Pt. BLIC DEFENSE AGREEMENT FOR 20t 1 - 2013- JEFFE RSON ASSOCLATED COI:NSF.L AND JEFFERSON COLA"j:V 18 of 19 EXHIBIT C 11-ASMNGTON STATE OFFICE OF PUBLICS DEFENSE C"OU T XITY USE OF STATE PiBLIC DEFENSE FUNDE4 G (as amended June 2009) State Rinds disbursed to counties and cities pursuant to Chapter 10.101 RC W cannot be used to supplant local Rinds that were being spent on public defense sersices prior to the initial disbursement of state fiends. State fiends must be spent to unprove the quality- of legal representation directly- received by indigent defendants. The Rinds cannot be spent on purely administrative fiinctions. Following are guidelines regarding permitted rise of state public defense fiends. 1. State public defense funding under Chapter 10.101 RC It' ntgv be used in the follovwtng ways: a) Additional investigator sei� ices b) .additional expert sen-ices c) Creation of a public defense office d) New qualirz. monitoring by an attorney coordinator who can act as a legal supen•isor for the attorneys providing public defense 'but non -attorney administrative eniplovees of the county or city- are not an approved use of fiends) e) Computers or access to electronic legal research systenns for public defenders f) Increase in public defense artornev compensation' g) Provision of public defense services at first appearance calendars i 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 ,vorker services to assist public defense attorneys Direct training costs to train public defense attorneys k) Evaluations of defendants for sentencing options. such as drue evaluations_ SSOSA. DOSA ` 1) Provision of internet connectiviv. (e,g. wireless) for public defense attorney; m) Provision of interpreter services for attorney.° -client interviews and communication. (but in -court interpreter appointments required under Chapter 1.43 RCIA' are not an approved use of fiends; 2. State public defense funding under Chapter 10.101 RC 1�" 711au not be used in the fatlonin= ways: 'it Supplanting county or city Rinds used for public defense sen•ices_prior to the initial disbursement of state ftinds to the count-: or city b) Billing or other administrative cosh incurred by the couun- or city in administering the public defense program c) Indigency screening d) Counttiv" city or court technology systems X administrative equipment e) CCOunty, ar city attornev tinie. including advice on public defense contracting_ except as provided in Section 1{d) above. ` KWIC DEFENSE .AGREEMENT FOR 20tt - 20I3- JEFFERSON ASSOCIATED COUNSEL AND JEFFFRSON C'OITNTY 19 of 19