HomeMy WebLinkAbout062821_ca03 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley,Interim County Administrator
DATE: June 28,2021
RE: Request for Board of County Commissioners approval of an agreement with
Jefferson Associated Counsel for Indigent Defense Services
STATEMENT OF ISSUE: The current agreement with Jefferson Associated Counsel(JAC) for Indigent
Defense Services expires on June 30, 2021. Attached is a proposed new agreement with JAC to provide
these services through December 31, 2025.
ANALYSIS: The proposed agreement is much these same as those that preceded it. Compensation has
increased markedly because previous agreements failed to recognize that county code requires pay
comparability to the Prosecuting Attorney's Office.
2.20.010 Compensation.
(1) Standard. Public defense attorneys and staff should be compensated at a rate
commensurate with their training and experience. To attract and retain qualified
personnel, compensation and benefit levels should be comparable to those of attorneys
and staff in prosecutorial offices in the area.
The proposed agreement restores that comparability.
FISCAL IMPACT: This agreement will cost$427,985 in 2021, $881,214 in 2022, $907,360 in 2023,
$937,441 in 2024, and$962,492 in 2025. Cost will be borne by the General Fund.
RECOMMENDATION: That the Board of County Commissioners approve the attached agreement with
Jefferson Associated Counsel for Indigent Defense Services.
REVIEWED BY:
Mark�_ y Interim CountyA 'strator Date r
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, 2021, and terminate on December 31, 2025,
and may be extended by written amendment signed by both parties.
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.
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:
P17R1.IC DEFENSE AGREEb1F.NT FOR 2021-2025 1 of 19
COUNTY
Jefferson County
Mark McCauley, Interim County Administrator
1820 Jefferson Street
P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9100
mmccauley@co.jefferson.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:
• 427,984.76 Dollars in 2021,
• 881,214.29 Dollars plus any annual rise in the Seattle CPI index* in 2022,
• 907,359.97 Dollars plus any annual rise in the Seattle CPI index* in 2023,
• 934,440.79 Dollars plus any annual rise in the Seattle CPI index* in 2024, and
• 962,492.33 Dollars plus any annual rise in the Seattle CPI index* in 2025.
* The base year for CPI calculations is 2021
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.
PUBLIC DEFENSE AGREEMENT FOR 2021-2025 2 of 19
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.
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.
PURL IC DEFENSF AGREEMENT FOR 2021-2025 3 of 19
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.
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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
PI RI IC DEFENSE AGREEMENT FOR 2021-2025 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
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 2021-2025 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/l2`h the last annual Contract amount.
8.2. 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.
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 of the 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.
Pt RI I('DEFENSE AGREEMENT FOR 2U21-2025 7 of 1 9
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 ACREEAIF.NT FOR 2021-2025 8 of 19
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 2021-2025 9 of 19
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 dates noted below:
JEFFERSON COUNTY CONTRACTOR
BOARD OF COMMISSIONERS JEFFERSON ASSOCIATED COUNSEL
Kate Dean, Chair Date Richard Davies, Director Date
ATTEST: APPROVED AS TO FORM ONLY:
June 23,2021
Carolyn Gallaway Date Philip C. Hunsucker Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
Pt RI I(. 1)1-1-F1SF:,%GM- Ill". FOR 2021-2025 I 0 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.
• Behavioral 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 beyond the maximum caseload limits permitted under Standards for
Indigent Defense for 4.0 attorney FTEs (including .25 FTE for supervision).
• 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 2021-2025 11 of 1 9
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, waived for July 1 - December 31,
2021, and 1,125 in each year 2022-2025 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,
2021, 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 I
Type Points per
Case
(300 scale)
DISTRICT COURT
Misdemeanors pre judgment, 1.00
&RALJ appeals
Misdemeanors post judgment 0.33
JUVENILE COURT
Juvenile Offenders pre judgment 1.20
Juvenile Offenders post judgment 0.40
Open Juvenile Dependency 3.75
Juvenile Status Offenses 1.50
SUPERIOR COURT
Felonies pre judgment 2.00
Felonies post judgment 0.67
Civil Contempt 0.67
Therapeutic Courts 0.17/hr.
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
considered as one case for caseload tracking purposes although the events may have
occurred on different dates, unless the charges are severed for trial.
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• 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.
• When two attorneys are assigned to a case, it shall be counted as part of each attorney's
caseload.
• 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).
TABLE 2
VENUE One-Fifth Credit for Half Credit for Full Credit for
Points per Case Points per Case Points per Case
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.
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.
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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.
� pp
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.
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. 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.
Pt RI,IC DEFENSE AGREENIF.NT FOR 2021-2025 14 of 19
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 by the County by Ordinance No. 04-0323-09 or
subsequent County ordinance adopted pursuant to chapter 10.101 RCW, or as may be
adopted and required by the Washington State Supreme Court. The Contractor shall
submit an affidavit to the County Clerk, stating that the Contractor is in compliance 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.
h theterm of the contract, the Contractor must provide a
StaffingLevels. Throughout
O.
g
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 (8) attorney hours per week and up to forty (40)
investigator/social worker 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.
R. Reporting. The Contractor shall maintain a database and/or case management system
which delineates 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 file with the County a monthly report which includes the cases
appointed in the previous month, and their caseload points pursuant to this Contract, as
well as a summary of caseload points for month-to-date and year-to-date in a format
approved by the County. The monthly reports are due on or before the fifteenth (15`h) day
of the month.
PUBLIC DEFENSE-ACREF>1FNT FOR 2021-21125 15 of 19
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, including 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 investigators and the % FTE of each 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.
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 to cases involving complex Class A Felonies, including
persistent offender, serious violent felonies, and sex offenses, case points shall be
awarded as follows: two case points,plus two case points for every additional 12 hours
(0.17 per hour) of attorney time worked on the case. In complex cases, a second chair
attorney may be utilized if determined to be necessary at Contractor's discretion. The
additional caseload points shall be awarded by letter agreement between the County
Administrator and the Contractor. Should the expected additional workload exceed the
maximum caseload for the contracted 4.0 attorney FTEs, the Contractor may decline the
appointment and/or negotiate additional compensation for the additional attorney time
needed.
PI RI IC DEFENSE AGREEMENT FOR 2021-2025 16 of 19
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
2021, 2022, 2023, 2024, and 2025 as follows (on a 300 Misdemeanor pre judgment
defense and RALJ appeals cases per attorney point scale):
TABLE 3
Year: 2021 2022 2023 2024 2025
July 1- January 1- January 1- January 1 — January 1 —
December 31 December 31 December 31 December 31 December 31
Targeted Annual Waived 1,125 1,125 1,125 1,125
Caseload Points: caseload points caseload points caseload points caseload points
(300 scale) (300 scale) (300 scale) (300 scale)
Legal Services $391,658.76 $806,303.33 $830,111.56 $854,773.55 $880,321.88
Cost:
Attorney FTEs 4.00 FTEs 4.00 FTEs 4.00 FTEs 4.00 FTEs 4.00 FTEs
assigned annualized annualized annualized annualized annualized
Investigative $36,326 $74,910.96 $77,248.41 $79,667.24 $82,170.45
Services Cost:
Investigator FTEs 1.00 FTEs 1.00 FTEs 1.00 FTEs 1.00 FTEs 1.00 FTEs
assigned: annualized annualized annualized annualized annualized
CONTRACT $427,984.76* $881,214.29* $907,359.97* $934,440.79* $962,492.33*
TOTAL:
* All dollar amounts set forth in Table 3 are expressed in 2021 dollars. Actual contract
amount for each successive year shall include the rise in the Seattle CPI index since
2021.
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 Services; and shall be responsible for all expenses and fees for investigators
utilized in defense of cases assigned. County payments for investigations may only be
used for investigation costs. Any payments for investigative services 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 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 1/12th of a flat annual fee. No additional
fees, costs, charges, telephone fees, paralegal fees, delivery fees, or any other
reimbursable expenses will be allowed.
PUB31.IC DEFFNSF AGRFESIENT FOR 2021-2025 17 of 1 9
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 100% 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 100% of the targeted annual contracted caseload point value will be compensated
based on their point value and the firm's average variable 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 variable costs in the succeeding year shall be decreased 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 to cases involving complex Class A Felonies, including
persistent offender, serious violent felonies, and sex offenses, case points shall be awarded as
follows: two case points, plus two case points for every additional 12 hours (0.17 case points
per hour) of attorney time worked on the case. In complex cases, a second chair attorney
may be utilized if determined to be necessary at Contractor's discretion. The additional
caseload points shall be awarded by letter agreement between the County Administrator and
the Contractor. Should the expected additional workload exceed the maximum caseload for
the contracted four attorney FTEs, the Contractor may decline the appointment and/or
negotiate additional compensation for the additional attorney time needed.
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. Box 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+ 5% of the amount budgeted for, the annual contract payment
in 2022, 2023, 2024, and 2025 shall be adjusted accordingly.
Pt RI IC DF.FF.NSF AGRFFMF.NT FOR 2021-2025 18 of 19
EXHIBIT C
legal representation directly received ny indigent detendants. I ne tunas cannot ne spent
on purely administrative functions. Following are guidelines regarding permitted use of
state public defense funds.
I. State public defense funding under Chapter 111.191 RCW may be used in the
foil tro ng w ay s:
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 Ibr public defenders
n 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
) Addition of'social worker servici.s 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
I) Provision of internet connectivity (e.g.wireless) for public defense attorneys
m) Provision of interpreter services for attorney-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 111.1111 RCW May Mir he used in
the following ays:
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
PUBLIC DEFENSE AGREEMENT FOR 2021-21125 19 of 19