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HomeMy WebLinkAboutRFP Details - Public Defense Services - Primary and ConflictTHE CITY OF RENTON CRIMINAL DEFENSE SERVICES Issued: December 18, 2024 Due: January 13, 2025 4:00 p.m., PDT Point of Contact: Ed VanValey, Chief Administrative Officer EVanValey@rentonwa.gov Proposal Delivery: Submitted proposal (pdf) via email to cityclerk@rentonwa.gov SECTION 1 – INSTRUCTIONS 1.1 PROPOSAL SUBMITTAL The City Clerk’s office must receive the proposal, in its entirety, by the due date. All proposals and accompanying documentation will become the property of the City of Renton. 1.2 PROPOSAL PRICING Proposal pricing must be submitted on the forms provided in this document. To receive consideration for award, the proposal shall be completed and signed by an authorized representative of the proposer. Submission of a proposal constitutes acceptance of the procedures, evaluation criteria, attachments to, and other instructions of this RFP. 1.3 INTERVIEWS Please hold open and be prepared to be interviewed on Wednesday, January 29, 2025. If the City selects finalists, the City will conduct a random selection for interview order and provide finalists with the time. By 4:00 p.m. on January 17, 2025 the City will notify via email each finalist’s primary contact (as identified in the proposal) of the interview time. 1.4 EVALUATION & AWARD At the City’s sole discretion, the City may award the proposal to the proposer(s) whose offer best meets the needs of the City, or reject any and all proposals. 1.5 WAIVER OF MINOR ADMINISTRATIVE IRREGULARITIES The City reserves the right, at its sole discretion, to waive minor administrative irregularities and informalities contained in any proposal submitted and accepted by the City. 1.6 NON-ENDORSEMENT As a result of the selection of a proposer to provide products and/or services to the City, the City is neither endorsing nor suggesting that the proposer's product is the best or only solution. The proposer agrees to make no reference to the City of Renton in any literature, promotional material, brochures, sales presentation, or the like without the express written consent of the City. 1.7 NO PROPRIETARY MATERIAL The city is subject to the Washington Public Records Act. By submitting a proposal, the proposer agrees that no material submitted in response to this RFP (including the proposal) is confidential. All materials, including without limitation all proposals, will be available for public inspection without notice to any proposer. All materials submitted in response to this request become the property of the City of Renton. Selection or rejection of a proposal does not affect this. 1.8 COST OF PREPARING PROPOSALS The City is not responsible for any costs incurred by proposers in preparation of proposals submitted in response to this RFP. 1.9 TIMELINE estimated RFP Issued Proposals Due Proposal Review Complete Interviews (as necessary) City Council Action Contract Awarded Anticipated Contract Start December 18, 2024 January 13, 2025 by 4:00 PM PST January 21, 2025 January 27-31, 2025 February 24, 2025 March 1, 2025 April 1, 2025 All questions about this RFP must be directed to the Chief Administrative Officer. Unauthorized contact regarding this RFP with any other City of Renton employee or contractor may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of Renton. Proposers should rely only on written statements issued by the Chief Administrative Officer. SECTION 2 – SPECIFICATIONS 2.1 AGENCY BACKGROUND The Community: Located in Southeast King County on Lake Washington, Renton is a 123-year old city of approximately 108,000 residents. Renton continues to see regular economic development throughout the city, is home to Boeing’s 737 plant, the Seattle Seahawks, the Sounders, and is the 8th largest City in Washington. Up to 150 languages are spoken with the most frequent spoken (other than English) being Spanish, Chinese, Tagalog, Vietnamese, and Ukranian. The city provides translation services as necessary at no cost to the public defense services provider. City Government: The City of Renton is a code city with a Mayor-Council form of government. The Renton Police Department is a dynamic agency with just 133 sworn officers and 45 civilians who handle a myriad of tasks every day. Municipal Court: Two elected Renton Municipal Court judges and several non- elected pro tem judges hear municipal court cases. Judge Kara Murphy and Jessica Giner are the presiding judges. Judicial Administrative Officer, Yanna Filippidis, manages day-to-day Court operations. Court staff totals 18 full-time equivalent staff, counting the Court Services Director, a probation officer, and clerical staff. Prosecution is provided by the City Attorney’s Office. Defense services for indigent persons accused of a crime have been provided by Valley Defenders, PLLC. 2.1 AGENCY BACKGROUND The Renton Municipal Court judge and pro tem judges determine eligibility for public defense services for individuals charged with a misdemeanor or gross misdemeanor who cannot afford an attorney. The Court may meet five days per week from 8:00 AM until 5:00 PM. The calendar is subject to changes at the discretion of the presiding judge. In general, those providing indigent defense services are present in court from 36 to 46 hours per week. Additionally, the Judges operate two additional court dockets: a Community Court and a Youth Traffic Court. 2.2 PRIMARY PUBLIC DEFENSE CONTRACT A proposal responsive to the Primary Public Defense Contract for the bulk of public defense services at the Renton Municipal Court may indicate their interest in contracting as a conflict service should they not be selected as the Primary. The City may consider contracting with more than one provider for primary services in order to ensure appropriate coverage as the requirements change. The following table shows filings for cases in Renton Municipal Court for 2022-24 for Driving under the Influence, Non-Traffic Criminal, Traffic Criminal, and a total of all cases. DUI Criminal Non-Traffic Criminal Traffic Total 2022 121 1,219 163 1,503 2023 157 1,457 131 1,745 2024* 98* 854* 163* 1,115* *as of September 2024. This is historical information only and is no guarantee or limitation of work to be performed against any ensuing contract. 2.2 CONFLICT PUBLIC DEFENSE CONTRACT An RFP responsive to the Primary Public Defense Contract should indicate their interest in contracting for Conflict Defense Services. Conflict Attorneys have been utilized for an average of 15 cases per month over the last twelve months, ranging from 11-26/month. SECTION 3 – PROPOSAL EVALUATION PROCESS 3.1 GENERAL All proposals will be reviewed to determine compliance with the requirements as specified in the RFP. Proposals will be evaluated on how well the proposal meets the needs of the City, as described in the proposer’s response to each requirement and the evaluation criteria identified in this RFP. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the proposal. 3.2 SELECTION PROCESS The City will select the proposal that, at its sole discretion, provides the best value to the city. “Value” shall be determined based on the proven capability of the proposer to provide quality public defense services meeting the city’s standards at a rate commensurate with the training and experience of the proposed team of attorneys, all as outlined in the evaluation criteria below. The City reserves the right to make an award without further discussion of the proposal submitted; there may be no best and final offer procedure; therefore, the proposal should be submitted on the most favorable terms that the proposer can offer. 3.3 CONTRACT AWARD AND EXECUTION The contracts resulting from the acceptance of the proposal will be awarded in substantially the form attached as Exhibit A to this RFP. Any proposed revision to the contracts must be noted in the proposal. The City reserves the right to reject any proposed contract revision. 3.4 EVALUATION CRITERIA Selection will be based on the ability of the proposer to best meet the standards. The following criteria will be included in the evaluation of proposals. CRITERIA DESCRIPTION Qualifications and Relevant Experience – experience providing and/or understanding of criminal defense services. This should include consideration of the qualifications of the specific attorneys who would provide the service under the proposal. Evaluated based on responses to Questionnaire Form 4.03. Technical Capability, Approach, and Capacity – proposed delivery of services, including the proven or potential ability of the proposer to fully comply with all standards Evaluated based on responses to Questionnaire Form 4.03. Communication, Customer Service and Training – the experience and ability of the attorneys to respond and communicate with clients Evaluated based on responses to Questionnaire Form 4.03. Past Contract Performance and References - including proposer’s history of fulfilling contracts of this type and references Evaluated based on responses to Questionnaire Form 4.03. Price Proposal/Value Evaluate price proposals (Price Sheet Form 4.02) to determine if they are realistic for the work to be performed in a manner that demonstrates an understanding of the services to be provided. Evaluation is also based on whether the price proposed is commensurate with the training and experience of the proposed team of attorneys. 3.5 INTERVIEWS The purpose of interviews, if held, will be to further review the finalist(s) in specific areas to determine which proposal provides the best fit and value to the City of Renton. Finalist(s) shall have key employees attend the interview. SECTION 4 – PROPOSAL SUBMITTAL REQUIREMENTS 4.1 SUBMITTAL REQUIREMENTS Proposals in response to this RFP must be submitted in the order specified below. • Cover Page: Proposer Commitment and Information: Form 4.01 (attached). • Price Sheet: Form 4.02 (attached). • Narrative Responses to the Questions Asked in Form 4.03 (attached). Proposers should re-type the heading, question identifier, and question. Then answer the questions and provide in the order requested. Proposers may emphasize in their narrative any areas of their proposal that they believe exceed the city’s requirements. 4.2 REQUESTED FORMAT • PDF format on standard 8 1/2" x 11" • Typed with a minimum of 11-point font • Any data provided to be provided in the pdf as an exhibit AND in an excel file PROPOSAL COVER PAGE FORM 4.01 PROPOSER COMMITMENT AND INFORMATION RFP PUBLIC DEFENSE SERVICES  Primary Defense Services  Conflict Defense Services Company Name: Company Address: City: State: Zip: Tax ID #: UBI #: Legal status of the organization, i.e., corporation, partnership, sole proprietorship. Website: City of Renton Business License #: (if applicable) Proposer Contact Name: (if different from Authorizing Official) Proposer Contact Title: Proposer Contact Email: Proposer Contact Direct Phone: Proposer Contact Address (if different from above): City: State: ZIP: By responding to this solicitation, the proposer indicates its interest in performing public defense services for the City of Renton consistent with the City's proposed terms (except as otherwise specified in this proposal) and the person signing as an authorized official is authorized to negotiate a binding contract to perform such services for the City. The proposer also certifies that: • I am authorized to commit my firm to this proposal and that the information herein is valid for 120 days from this date. • That all information presented herein is accurate and complete and that the scope of work can be performed as presented in this proposal upon the City’s request. • That I have had an opportunity to ask questions regarding this proposal and that those questions have been answered. • That every attorney proposed to provide legal services has read is familiar with the Washington Supreme Court’s Standards for Indigent Defense, Renton Municipal Code 3-1-7, Wilber v. Mt. Vernon, 989 F. Supp. 1122 (W.D. 2013), and the WSBA’s current Standards for Indigent Defense Services. • That the proposal submitted includes all required training, infrastructure, and service required under such standards. Authorizing Official Name: Authorizing Official Title: Authorizing Official Email: Authorizing Official Phone: Authorizing Official Signature: FORM 4.02 PRICE SHEET RFP PUBLIC DEFENSE SERVICES Attorney Title (a) Annual Cost (b) % FTE assigned to Renton PD Estimated Monthly Renton PD caseload (c) Monthly Rate* (a x b)/12 Totals FTE’s : Cases: $ *It is understood that % of FTE may vary month-to-month based on caseload assignments. Reports submitted will provide the necessary information to verify compliance with this agreement. Should individual cases create a variance, this must be agreed upon prior to billing, in writing, by the Chief Administrative Officer as an exception. **This pricing model is intended to illustrate the level time for each you will commit to in order to meet our legal obligations at a minimum as well as the standards expected by the city. If attorneys are projected to have differing Annual Costs, identify by title and experience level so that changes in staffing personnel will be reimbursed based upon equivalent costs as proposed herein. Rates per attorney are based upon actual assignments and hours worked for the City and should include all necessary overhead, including but not limited to providing backup coverage while normally assigned attorneys are on leave. Annual Costs are presumed to include training, administrative support, profits, and other overhead expenses associated with the services performed by each attorney pursuant to this Agreement. FORM 4.03 QUESTIONNAIRE RFP PUBLIC DEFENSE SERVICES Proposers shall complete this “Questionnaire” providing the information in the same order requested below. Proposers may emphasize in their narrative any areas of their proposal that they believe exceed our requirements. A. Qualifications & Relevant Experience 1. Attach resumes and Washington Bar # for all attorneys providing legal services. 2. Describe your supervising attorney(s) and their criminal defense experience. 3. For each attorney, describe their experience representing indigent clients, including case types and typical caseload. 4. For each attorney, describe their experience working with ex-offenders, the mentally ill, or clients needing social service referrals. 5. Provide a list of the courts that your attorney(s) represented defendants over the last two years. 6. Provide the number of clients your firm and each attorney served over the last two years (2023 & 2024, through September). 7. If applicable, please provide an explanation for any attorneys that are NOT in good standing with their bar association. 8. If applicable, please describe any conflicts of interest with Renton Municipal Court judges or staff for any of your attorneys or staff. B. Technical Capability, Communication, and Capacity 1. How many FTE attorneys will be employed in total for this proposal? (This should be reflected in your pricing sheet.) 2. How many FTE support staff do you anticipate employing in total? 3. Describe your plan for managing the annual caseload and required services. 4. Describe strategies and use of support staff to manage caseload, ensure quality representation, and maintain cost-effectiveness. 5. Describe your reporting systems capability to provide the relevent data of FTE %, Wages, and case loads by attorney on a monthly basis for billing and contract compliance monitoring. 6. Will attorneys maintain private practices? If so, explain how time allocation will comply with Washington Supreme Court Standard 3.3. 7. Will you use APR 9 Licensed Legal Interns? If yes, how will they be supervised? 8. What resources will support your attorneys providing public defense services? Customer Service. 9. Describe what system(s) will ensure all clients can easily contact their attorneys to facilitate effective communication? 10. Describe your capacity for providing in-person, in-custody representation and consultation. 11. Describe your plan to ensure consistent in-person consultation with clients to ensure prepared and timely representation of clients. C. Philosophy, Approach, and Training 1. Describe your public defense philosophy. 2. Provide noteworthy elements of your legal representation approach relevant to Renton’s public defense work. 3. Describe your system for performance reviews to ensure compliance with Defense Standards. 4. Define “conflicts of interest” and outline your screening procedure. 5. Describe your approach to plea-bargaining and alternative dispositions. 6. What ability does each attorney have for working with non-English speaking clients? Detail any relevant experience. 7. How should investigative services be made available? Would you recommend a staff investigator or a panel? Describe your previous experience. 8. Under what circumstances would you allow representation by an attorney other than the attorney of record? 9. How do you propose to handle disagreements with court staff or procedures? 10. How do you propose to handle client complaints? 11. Outline your plan for effective internal coordination of client communication and include any constraints affecting timely responses. 12. Describe how success for clients will be measured. 13. Describe how you will serve clients with limited travel abilities? 14. Describe the training provided to attorneys, including in-house and courtroom mentoring. 15. Do you require office space within Renton City Hall for client meetings? D. Past Contract Performance & References 1. If applicable, provide documentation of previous contract compliance and the contact information for the contract administrator whom we may contact. 2. If any attorneys have had a contract terminated for performance reasons, please explain. 3. If any attorneys faced corrective action in the last five years related to a contract, please explain. 4. If any attorneys have been removed from a case for reasons other than conflict of interest, client disagreement, or have been found ineffective by an ethics panel or court, please explain. 5. If applicable, please describe any instances of court sanctions against your attorney(s). 6. If any attorneys have settled a malpractice dispute or faced a malpractice action, please explain. 7. If any attorneys have been subject to complaints or investigations by the Washington State Bar Association, please explain. 8. Please describe what and how you implement corrective action following any disciplinary findings or sanctions. 9. Please provide three references (name, title, address, phone) who can speak to your ability to defend indigent clients charged with misdemeanors, along with your relationship to each reference. DR A F T AGREEMENT FOR PRIMARY OR CONFLICT PUBLIC DEFENSE SERVICES THIS AGREEMENT, dated for reference purposes only as Month XX, XXXX, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Click here to enter text. (“Consultant”), Click here to enter text.. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1.Scope of Work: Consultant agrees to provide the City's primary [or conflict] public defense for indigent criminal defendants and those individuals under the supervision of the Renton Municipal Court whom the City is legally required to provide indigent legal defense services, as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 1.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B and the negotiated costs paid by the city in Exhibit C or as otherwise mutually agreed by the Parties. 2.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than TBD. 3. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $Click here to enter text.,plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. DR A F T PAGE 2 OF 10 B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. DR A F T PAGE 3 OF 10 5.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 6.Record Maintenance:The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as maybe required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement.The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/orto comply withtheWashington State Public Records Act (Chapter 42.56 RCW).The provisions of this section shall survive the expiration or termination of this Agreement. 7.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. DR A F T PAGE 4 OF 10 8. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 9. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the DR A F T PAGE 5 OF 10 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 11. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 12. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. DR A F T PAGE 6 OF 10 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 13. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 14. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 15. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Project Manager Name 1055 South Grady Way Renton, WA 98057 CONSULTANT Project Manager Name Street Address City, State Zip DR A F T PAGE 7 OF 10 Phone: (425) 430-XXXXXXXX E-mail Address Fax: (425) 430-XXXXXXXX Phone: (XXX) XXX-XXXX E-mail Address Fax: (XXX) XXX-XXXX 16.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A.Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will takeaffirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 17.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. DR A F T PAGE 8 OF 10 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 18. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s contract manager is Ed Van Valey or ?? Kristi Rowland, Deputy CAO. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. DR A F T PAGE 9 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this DR A F T PAGE 10 OF 10 Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Enter Signer’s Name Enter Signer’s Title Enter Signer’s Name Enter Signer’s Title _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Enter City Attorney Name Enter City Attorney Title Contract Template Updated 5/21/2021 DR A F T Exhibit A Primary Public Defense Services Scope of Work Section 1. Duty of Representation A.General Scope of Representation. Public Defender shall act as the City's primary public defense law firm, except as specified herein or precluded by applicable law or professional ethical standards and will provide indigent defense services to all indigent criminal defendants charged by the City of Renton with misdemeanors and/or gross misdemeanors and those individuals under the supervision of the Renton Municipal Court whom the City is legally required to provide indigent legal defense services, except as provided below in Section 1.E below. To accomplish this, Public Defender shall staff sufficiently to dedicate no less than the equivalent of [insert number based upon proposals] full time fully dedicated attorneys and associated support staff and resources so as to minimize the need for the City to secondary public defenders. B.Representation of Defendants at Critical Stages. The Public Defender will provide defense services at all critical stages of criminal proceedings, as such stages are interpreted through applicable case law. This includes, but is not limited to, representation of formally appointed defendants from the time of appointment through any appeal stages and post-conviction review hearings. C.Limited Representation prior to Indigency Screening The Public Defender will provide effective, but limited, representation to those who self-identify as unable to retain a private attorney and who request assistance of counsel during critical stages of criminal proceedings prior to indigency screening by the Renton Municipal Court. This limited representation may include but is not limited to, advising defendants or suspects who have been arrested or are under police investigation/interrogation, defendants in custody awaiting arraignment, and defendants who are out of custody, participating in an arraignment hearing. The Public Defender's representation of individuals before formal appointment shall not extend beyond indigency screening unless the Renton Municipal Court formally appoints the Public Defender to continue representation. Public Defender shall advise DR A F T all individuals, to whom it provides limited representation, the nature of the limited representation consistent with applicable rules of professional conduct. D. Public Defender access for the Renton Police Department The Public Defender will provide a working phone number at which an attorney may be reached at all hours as necessary to comply with the Limited Representation requirement. E. Exceptions from Duty of Representation. Public Defender shall not be required to represent indigent defendants under the following circumstances: a. Representation of that defendant would create a conflict of interest or other violation of the rules of professional conduct, provided that withdrawal from representation or denial or an appointment is approved by the court consistent with applicable rules of professional conduct; or b. Public Defender and the City agree that the number of cases and/or amount of Work assigned to Public Defender under this Agreement materially exceeds the level of work or case load contemplated by the Parties and the City agrees that, rather than adjusting Contractor's compensation, the defendant may be assigned to a secondary/conflict public defender. If Public Defender wishes to invoke this subsection, it shall provide a request to the City as soon as practically possible and provide all documentation requested by the City to support Public Defender's request. Section 2. General Duties and Standards of Representation A. Defense Standards. a. The Public Defender's primary and most fundamental responsibility is to promote and protect the interest of the defendant and shall provide effective representation to all defendants in a professional, skilled manner. b. The Public Defender will at all times comply with the defense standards in Renton Muncipal Code Section 3-1-6, as such standards exist or are amended in the future, and any other legally required obligations such as those in Washington State Supreme Court Standards for Indigent Defense currently in place or as hereafter amended, the applicable Rules of Professional Conduct, and applicable court rules, tor other applicable standards adopted by the City in this contract or by policy, resolution, or ordinance and abide by all case law and DR A F T applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. B. Attorney Case Loads. a. Each attorney providing services under this Agreement shall maintain a caseload that fully complies with the Defense Standards. This includes but is not limited to, offsetting the maximum number of cases each attorney may be assigned by the amount of time such attorney spends representing private defendants, providing limited representation services (including those services described in Section 1.C), or to account for the attorney's part-time status. b. Unless required by the Defense Standards, a non-weighted caseload count shall be used. c. Upon Public Defender's assignment of a defendant by the Renton Municipal Court, Public Defender shall assign a primary attorney to represent the defendant in the case. The assigned primary attorney shall sign, file, and serve a notice of appearance with the court and City prosecutor's office and such case shall count as one or more case credit towards the attorney’s case limit and be reported to the City as such unless an exception applies under the Defense Standards. The assigned attorney shall be responsible for establishing a relationship with the defendant consistent with the Defense Standards. d. If it becomes necessary for another attorney to substitute for the assigned attorney at any stage in the proceeding, Public Defender shall determine consistent with the Defense Standards whether each attorney should count the case as a full case for purposes of calculating case load limits. Unless the Public Defender withdraws prior to performing substantial services for the defendant, at least one of the attorneys’ providing services in the case shall count the case as a full case. If the Public Defender determines the other attorney(s) do not need to count the case as a full case, such attorneys shall offset the maximum number of cases he/she may accept by the amount of time spent on the case and report such offset to the City. C. Public Defender's Specific Duties. a. Without limiting Public Defender's duty to comply with all provisions of the Defense Standards, the Parties specifically recognize Public Defender's obligation to perform the following specific duties consistent with the Defense Standards: i. Pay its Attorneys consistent with applicable Defense Standards, or at least comparable to the compensation and benefits of the City’s DR A F T Prosecutor’s and/or other attorneys providing private defense services; ii. Budget for, provide, and pay for adequate administrative services and facilities, including, but not limited to, having an office within a reasonable distance of the City that accommodates confidential meetings with defendants and receipt of mail, and adequate telephone, email, and technology services to ensure prompt responses to defendants; iii. Provide an adequate number of support services staff and contracted service providers to provide effective representation consistent with the Defense Standards; iv. Provide or require regular training to all attorneys providing public defense services under this Agreement consistent with applicable Defense Standards ; v. Provide supervision, monitoring, and evaluation of attorneys performing services under this Agreement consistent with applicable Defense Standards; vi. Remain directly involved in the provision of representation services and provide the City with names and experience levels of all new attorneys providing services consistent with applicable Defense Standards; vii. Establish limits on the amount of private work Public Defender's attorneys can accept consistent with applicable Defense Standards; and viii. Ensure all attorneys and legal interns providing services under this Agreement meet the applicable qualifications set forth in applicable Defense Standards; ix. Provide the Renton Police Department and applicable jail staff with telephone number(s) of attorney(s) who can be reached 24 hours 7 days a week for critical-stage advice and be available to provide such advice as the needs for advice arise, including non-business hours; x. Promptly review all discovery provided by the City, research applicable legal issues; xi. Attempt to negotiate resolutions with City prosecutors, and otherwise prepare for all hearings in advance, to avoid unnecessary continuances; xii. Promptly and regularly meet in person with incarcerated defendants awaiting trial and prioritize preparation for such cases; xiii. Attend, in person, all scheduled hearings for all assigned cases, all arraignment calendars, and all jail calendars unless excused by the court. xiv. Proactively communicate with defendants including, but not limited to in-person out-of-court meetings with defendants on strategy; xv. Arrive for each hearing far enough in advance to be sufficiently prepared to represent their defendants; xvi. Attend meetings or roundtables with City representatives, including municipal court and/or prosecution representatives, at their request to discuss potential courtroom and other process improvements relating to DR A F T Public Defender's services or the operation of the Municipal Court in general; xvii.Cooperate with reasonable requests for meetings, information, and records made by the City for information as relating to the city’s duty to monitor Public Defender's performance of this Agreement; xviii.Develop a method to receive and respond promptly to defendant complaints, consistent with applicable Defense Standards and report the instance of and resolution of complaints to the City without revealing confidential attorney client communications; i.Maintain a system to screen for and avoid representation of defendants that would cause a conflict of interest in violation of applicable rules of professional conduct; ii.Establish and advertise and staff regular office hours during which defendants may contact Public Defender to meet and/or speak with an attorney with or without making an appointment; iii.Assign an attorney or combination of attorneys to hold regular office hours within Renton City Hall at least four (4) hours per week both before and after regular court calendars; and iv.Pay to acquire and maintain all necessary technology and administrative support systems comply with the obligations of this Agreement, including an Axon Justice subscription to streamline the receipt/processing/review of digital media discovery. Section 3. City Assistance in Public Defender's Performance of its Duties A.The City shall perform the following duties to accommodate Public Defender's performance of its duties: a.Provide timely production of all discoverable material to Public Defender, which will be provided primarily through electronic transmission where technically feasible. b.Provide meeting space within the Renton City Hall in which Public Defender attorneys may schedule to meet with defendants who are unable to meet at the Public Defenders office in preparation for court, as well as on the days of the defendant's scheduled hearings. i.This provisional meeting space is not intended to replace the requirement that the Public Defender have its own office and working space accessible to Renton defendants. c.Provide Public Defender with contact information to refer defendants who are not satisfied by Public Defender's response to a complaint, consistent with applicable Defense Standards; and B.City representatives, including prosecutors, court staff, and/or administration representatives, will attend meetings or roundtables with Public Defender representatives, at their request, to discuss potential courtroom and other process DR A F T improvements relating to Public Defender's services or the operation of the Municipal Court in general. Section 4. Reporting, Monitoring and Record Keeping A. Public Defender shall comply with the following reporting obligations: a. On a monthly basis, provide to the City: i. Case status data for all cases that were active within the month, to include: 1. Case Number 2. Defendant Name 3. Defendant Gender 4. Defendant Race 5. Assigned Attorney(s) 6. Date Case Opened 7. Case Disposition 8. Date Case Closed 9. Special Legal Problem Code 10. Case Status 11. Court (Municipal or Community Court) ii. Conflict withdrawals, including the defendant's name and case number(s) for withdrawals and/or assignment of conflict attorney. iii. Workload stats of each attorney assigned to perform services: 1. Approximate total hours of legal services performed in the month for services required by this Agreement 2. Approximate total hours worked in the month on matters not required by this Agreement, including but not limited to providing services to private or other public clients 3. Approximate total hours spent on paid leave, professional development, or administrative/managerial tasks that are intended to benefit the attorney’s ability to provide the services required by this Agreement. b. On a quarterly basis; i. Certification of Compliance with the Defense Standards verified by the Judicial Court Administrator, sent to the contract administrator ii. Data that illustrates the number of non--City public defense cases assigned to each attorney outside of this Agreement and the number of hours spent by each such attorney on non-public defense legal work and limited representational public defense work on cases to which he/she DR A F T was not appointed. This reporting shall include cases and hours for each attorney over the previous rolling year, broken out by quarter and the attorney's name. The documentation of cases and hours required by this subsection shall include all legal services provided by the attorneys during the covered time period- including services performed outside of the employment of Public Defender. iii. Data that illustrates the total number of new cases assigned to Public Defender in the previous rolling year, broken down by quarter. c. On an annual basis; i. Detailed reports documenting each of Public Defender's attorney's compliance with training requirements, hours spent on each assigned case, date of initial contact with defendant for each assigned case, and listing of all complaints received by defendants, including the nature of the complaint and resolution. d. Format: i. All reports will be provided in a format approved by the City via email to the contract administrator or their designee. ii. All reports that included data will be provided in both pdf and excel or similar format for ease of analysis. B. Public Defense Monitoring a. Pursuant to the Defense Standards, the city is obligated to monitor Public Defender's Performance of its Duties i. Such monitoring shall not interfere with Public Defender's status as an independent contractor, nor will the City seek any attorney defendant privileged communications. ii. The City may also hire an independent consultant to review Public Defender's performance with this contract. b. In instances in which the city is concerned that either the Defense Standards or requirements of this Agreement are not being followed, the City may request additional records or reports in addition to the records specifically required by this Section. DR A F T c. The City may request meetings to discuss any concerns raised by defendants, victims, third parties, observations from the court or prosecutors, or information provided (or not provided) in the Public Defender's required reporting. d. Public Defender agrees to reasonably cooperate with all such monitoring efforts and actively seek process improvements when deemed appropriate by the city. C. Public Defender Record Keeping. a. Public Defender shall maintain documentation of its performance of this Agreement sufficient to demonstrate its full compliance with the Defense Standards. b. Such information shall be maintained such that it may be produced and provided to the city and/or the city’s designated monitor in the required format in a timely fashion. DR A F T Exhibit B Primary Public Defense Fee Schedule The City will pay the Public Defender a monthly rate based upon the qualifications of and number of attorneys assigned each month to provide services under this Agreement. Compensation will be based upon services performed each month based, as detailed in monthly invoices and supported by other timing keeping and case tracking records which will be provided to the City upon request. Attorneys dedicating full time workload towards the services required by this Agreement, with an average time spent of no less than 35 hours worked per week, will be billed to the City based upon 100% of 1/12 of their assigned Annual Cost. Attorneys who work less than 35 hours per week and/or work for other clients must be billed based upon the proportion of full time equivalent of work spent performing services required by this Agreement. The fee schedule below reflects the title, name, and annual cost of each attorney at assigned experience levels and titles at the time of the proposal. Changes to staffing will be reported to the City and subject for verification of applicable qualifications consistent with those originally assigned to the applicable Annual Cost. Increases or decreases to the minimum staffing levels contemplated by this Agreement or changes in the Defense Standards may require an amendment to the not-to-exceed amount of this agreement and/or costs provided herein and are subject to negotiation of an amendment to properly account for the changes and impacts on the not to exceed amount of this Agreement. The Annual Costs in the Fee Schedule below will be adjusted annually by CPI-W on the anniversary date of this Agreement. Fee Schedule Title* Name Annual Cost** % FTE assigned to Renton PD City-assigned Caseload estimated (not weighted) Monthly Rate*** Example: Senior/Lead Attorney Jane Doe $250,000 50% 150 $10,416.66 Totals *If attorneys are projected to have differing Annual Costs, identify by title and experience level so that changes in staffing personnel will be reimbursed based upon equivalent costs as proposed herein. DR A F T **Annual Costs are presumed to include training, administrative support, profits, and other overhead expenses associated with the services performed by each attorney pursuant to this Agreement. Other costs borne by the city are identified in Exhibit C of this agreement. *** Rates per attorney are based upon actual assignments and hours worked for the City and should include all necessary overhead, including but not limited to providing backup coverage while normally assigned attorneys are on leave. DR A F T Exhibit C Expenses paid by the City of Renton The City shall pay for the following case expenses when reasonably incurred and approved by the Renton Municipal Court from funds available for that purpose: 1. Discovery. Discovery shall be provided in accordance with law and court rule by the City Prosecutor. When practical, discovery will be provided in an electronic format. Public Defender shall establish reasonable technological capability to receive discovery electronically. 2. Preauthorized Non-Routine Expenses. Non-routine case expenses requested by the Public Defender and preauthorized by order of the Renton Municipal Court. Unless the services are performed by Public Defender's staff or subcontractors, non-routine expenses include, but are not limited to: a. Investigation expenses b. Medical and psychiatric evaluations c. Expert witness fees and expenses d. Interpreters e. Polygraph, forensic and other scientific tests f. Unusually extensive computerized legal research g. Any other non-routine expenses the Court finds necessary and proper for the investigation, preparation, and presentation of a case. 3. Lay Witness Fees. Statutorily required lay witness fees and mileage incurred in bringing defense witnesses to court, but not including salary or expenses of law enforcement officers required to accompany incarcerated witnesses. DR A F T 4.Copying Clients' Files. The cost, if it exceeds $25, of providing one copy of a client's or former client's case file upon client's or client's appellate, post- conviction relief or habeas corpus attorney's request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; 5.Records. To the extent such materials are not provided through discovery, medical, school, birth, Department of Licensing, and other similar records, and 911 and emergency communication recordings and logs, when the cost of an individual item does not exceed $75; and 6.Process Service. The normal, reasonable cost for the service of a subpoena, subject to the requirements of RMC 4.8(a). 7.Other Costs. Costs not identified within this Exhibit may be reimbursed by the City only upon preapproval by the court. The Public Defender shall apply for such preapproval in writing before incurring the costs sought to be reimbursed. In the event any expense is found by the court to be outside of its authority to approve, the Public Defender may apply to the City's contract administrator or his/her designee for approval.