HomeMy WebLinkAboutComplete RFP Document Request for Proposal #CAG-19-024
Point of Contact:
Robert Harrison
Chief Administrative Officer
(425)430-6500
rharrison@rentonwa.�ov
Primary Public Defense Services
TIME LINE—The following represents the schedule for this Request for Proposal (RFP).
EVENT DATE
Issue Date: February 1, 2019
Deadline for Final Questions: February 8, 2019
Proposal Due Date: February 15, 2019, 9:00 a.m. Pacific Time
Interviews with Finalists (Anticipated): February 20, 2019
Council Award Contract(Anticipated): March 4, 2019
Contract Start Date (Anticipated): April 1, 2019
Contract Term (Anticipated): Five (5)Years
SUBMIT SEALED PROPOSALS TO:
City of Renton
City Clerk's Office, 7t'' Floor
1055 South Grady Way
Renton,WA 98057-3232
Clearly label the outside of the sealed envelope containing the ori�inal proposal and 6 complete
copies with the Proposal Name, Proposal #, and Point of Contact information listed above. Only
proposals that arrive in the City Clerk's Office by the deadline (the Proposal Due Date) will be
considered.
Questions: All questions about this RFP must be requested on or before the Deadline for Final
Questions via e-mail to the Point of Contact(the Chief Administrative Officer) listed above.
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 Point of Contact listed
above.
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SECTION 1 - INSTRUCTIONS
1.1 PROPOSAL SUBMITTAL
The City Clerk's office must receive the proposer's proposal, in its entirety by the Proposal
Due Date. Proposals arriving after the deadline will be rejected and disposed of
accordingly. All proposals and accompanying documentation will become the property of
the City of Renton and may not be returned.
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.
Please hold open and be prepared to be interviewed on Wednesday, February 20, 2019.
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 February 15, 2019,the City will notify
via email each finalist's primary contact (as identified in the proposal) of the interview
time.
1.2 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.
1.3 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.
1.4 BUSINESS LICENSE
The successful proposer will be required to possess or be able to obtain a City of Renton
Business License and pay City of Renton B & O Tax, when applicable.
1.5 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.
1.6 NO PROPRIETARY MATERIAL
By submitting a proposal, the proposer agrees that no material submitted in response to
this RFP (including the proposal) is confidential. All materials, includin� without
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limitation all proposals, will be available for public inspection without notice to any
proposer. The City is subject to the Washington Public Records Act.
1.7 RESPONSE PROPERTY OF THE CITY OF RENTON
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 the preparation of
proposals submitted in response to this RFP.
SECTION 2 - SPECIFICATIONS
2.1 AGENCY BACKGROUND
The Community: Located in Southeast King County on Lake Washington, Renton is a 125-
year old city of approximately 104,000 residents. Renton continues to see regular
economic development throughout the City, is home to Boeing's 737 plant, and is the 8th
largest City in Washington. Up to 150 languages are spoken. The languages most
frequently spoken (other than English) are Spanish, Russian, Vietnamese, Ethiopian, and
Tagalog (Filipino). 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 over 200 sworn
officers and 45 civilians who handle a myriad of tasks every day.
Municipal Court: One elected Renton Municipal Court judge and several non-elected pro
tem judges hear municipal court cases.The Honorable Judge TerryJurado, is the presiding
judge. Court Services Director, Bonnie Woodrow, 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 Cayce &
Grove, PLLC. 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
presidingjudge. In general,those providing indigent defense services are present in court
from 36 to 46 hours per week.
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The following table shows filings for cases in Renton Municipal Court for 2017 and 2018 for
Driving under the Influence, Non-Traffic Criminal,Traffic Criminal, and a total of all cases.
Table 1: Case Filings
DUI Criminal Non Criminal Traffic Total
Traffic
2017 170 599 1,430 2,199
2018 237 717 1,687 2,641
The following table shows the approximate number of cases appointed to Cayce and Grove by
Renton Municipal Court for indigent defense services from 2017 and 2018.
Table 2: Cayce and Grove Appointments
Newly opened and appeal-appointed cases
2017 1,405
2018 1,546
The following table shows the approximate number of cases appointed to lawyers other than
Cayce and Grove by the Renton Municipal Court for indigent defense services from 2017 and
2018.
Table 3: Other (Conflicts) Appointments
Newly opened and appeal-appointed cases
2017 274
2018 396
2.2 PRIMARY PUBLIC DEFENSE CONTRACT
This RFP is for the bulk of public defense services at the Renton Municipal Court.
Proposers may wish to note that the City also anticipates seeking, in a separate RFP, to
award a secondary (conflicts) contract, which is for case appointments that the primary
contractor cannot undertake, mostly because of conflicts. This secondary contractor will
be the "default" conflicts counsel.
2.3 SCOPE OF SERVICES
The contractor(s) shall provide representational services, including lawyer services and
appropriate staff services, infrastructure, investigation and appropriate sentencing
advocacy. All proposals should take into account the adopted standards of the City in
Renton Municipal Code 3-1-7 and the Scope of Services attached as "Attachment A" to
the draft contract which is attached hereto as Exhibit A (collectively"Standards")when
submittin�proposals. Proposals should include all necessary infrastructure,training, and
services necessary to comply with the Standards. Legal services provided will include, but
not be limited to, interviews of clients (including in-custody meetings at the jail) and
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potential witnesses, legal research, preparation and filing of pleadings, negotiations with
the appropriate prosecutor or other agency and court regarding possible dispositions,and
preparation for and appearance at court proceedings.
SECTION 3 — PROPOSAL EVALUATION PROCESS
3.01 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.
3.02 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
set forth in 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 initiallv submitted on the most favorable
terms that the proposer can offer.
3.03 CONTRACT AWARD AND EXECUTION
Contract award will be for the proposers that best meet the needs of the City of Renton.
The contracts resulting from the acceptance of the proposal will be in substantially in the
forms 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
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3.04 EVALUATION CRITERIA
Selection will be based upon the ability of the proposer to best meet the Standards.. The
following criteria will be included in the evaluation of proposals.
# CRITERIA DESCRIPTION
A Qualifications and Relevant Experience—experience Evaluated based on responses to
providing and/or understanding of criminal defense Questionnaire Form 4.04.
services, including consideration of the qualifications
of the specific attorneys who would provide the
service under the proposal
B Technical Capability, Approach, and Capacity— Evaluated based on responses to
proposed delivery of services, including the proven or Questionnaire Form 4.04.
potential ability of the proposer to fully comply with
all standards
C Communication, Customer Service and Training—the Evaluated based on responses to
experience and ability of the attorneys to respond Questionnaire Form 4.04.
and communicate with clients
D Past Contract Performance and References— Evaluated based on responses to
including proposer's history of fulfilling contracts of Questionnaire Form 4.04.
this type and references
E Price Proposal/Value Evaluate price proposals (Price
Sheet Form 4.03) to determine if
they are realistic for the work to
be performed and demonstrates
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.
3.05 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.
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SECTION 4 - PROPOSAL SUBMITTAL REQUIREMENTS
4.01 SUBMITTAL REQUIREMENTS
Proposers shall provide a proposal that demonstrates an understanding of the project
requirements as stated throughout this RFP.
Proposals in response to this RFP must be submitted in the order specified below.
Proposals must include:
1. Cover Page: Proposer Commitment and Information: Form 4.02 (attached).
2. Price Sheet: Form 4.03 (attached).
3. Narrative Responses to the Questions Asked in Form 4.04 (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 our requirements.
4. Suggested response format:
• Standard 8 1/2" x 11" paper
• Double-sided, numbered pages
• Typed with a minimum of 11-point font
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PROPOSAL COVER PAGE
FORM 4.02 PROPOSER COMMITMENT AND INFORMATION
RFP #CAG-19-024 PRIMARY PUBLIC DEFENSE SERVICES
Company Name:
Company Address:
City: State: Zip:
Tax ID#: UBI #:
Legal status of organization, i.e., corporation, partnership, sole proprietorship.
Website: City of Renton Business License#:
Proposer Contact Name (if different from Proposer Contact Title:
Authorizing Official):
Proposer Contact Email: Proposer Contact Direct Phone:
Proposer Contact Address (if different from above):
City: State: ZIP:
By responding to this solicitation,the proposer understands and agrees to be bound by all requirements and
contract terms and conditions contained in this solicitation. By signing this form,the proposer acknowledges
receipt and understanding of any and all addenda issued for this solicitation. This form, signed by an
individual authorized to legally commit the proposer, shall be submitted as the cover page.
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 each and every attorney proposed to provide legal services has read is familiar with the
Washington Supreme CourYs 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:
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FORM 4.03 PRICE SHEET
RFP #CAG-19-024 PRIMARY PUBLIC DEFENSE SERVICES
Proposer's Name:
Based on the City's case count projection below, we propose the following monthly
compensation based upon an annual caseload projection of 1700 cases:
Year 1 (April 2019- March 2020): $ per month.
Monthly payments for Year 2 through Year 5 shall be adjusted upwards by 3% per year, subject
to negotiated upward or downward adjustments based upon significant increases or decreases
in projected caseloads.
At time of award, the City will finalize the case count requirement to be used for the contract.
The finalized case count and a negotiated monthly compensation amount for that case count
will be incorporated into the contract. The contract is attached as Exhibit A to the RFP.
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FORM 4.04 QUESTIONNAIRE
RFP #CAG-19-024 PRIMARY 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 — Experience providing and/or understanding of
criminal defense services.
1. Attach resumes and provide the Washington Bar # of all attorneys who will provide
legal services resulting from the award of this RFP. Identify supervising attorneys.
Specifically highlight experience in criminal defense.
2. Are all attorneys providing legal services in good standing in every bar association of
which they are a member? If not, explain.
3. For each attorney providing legal services, describe the attorney's experience
representing indigent clients. Include the types of cases.
4. In how many courts do the attorneys providing legal services currently represent
defendants? How many clients and in which courts did these attorneys appear in
2018?
5. Do any of the attorneys providing legal services, or individuals associated with these
attorneys, have any conflicts of interest with any Renton Municipal Court judge or
staff? If yes, explain.
6. For each attorney providing legal services, describe your experience working with ex-
offenders, the mentally ill, or other clients in need of social service referrals.
B. Technical Capability, Approach, and Capacity— Proposed Delivery of Services
Taking into account the Standards:
1. How many attorneys providing legal services (FTE) will be employed to satisfy the
requirements of this proposal? Include and identify the supervising attorney(s).
2. How many support staff(FTE)do you anticipate employing to satisfy the requirements
of this proposal?
3. Describe how you plan to handle the estimated annual caseload and required
services.
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4. What capacity for working with non-English speaking clients do the attorneys
providing legal services possess? Explain in detail any experience representing non-
English speaking clients.
5. Describe the strategies and use of support staff you plan to utilize in order to balance
a high case load, high quality representation meeting the Standards, and cost
effectiveness.
6. How will you monitor the case load of attorneys providing legal services?
7. Will the attorneys providing legal services, or associated attorneys, continue to
maintain a private practice? If so, Washington Supreme Court Standard 3.3 requires
attorneys who maintain a private practice in addition to a public defense practice have
public defense caseloads that "should be based on the percentage of time a lawyer
devotes to public defense." If your practice includes both public defense work and
private clients, describe how attorney time will be allocated and how it will be
monitored to maintain compliance with Standard 3.3?
8. Do you anticipate using APR 9 interns, and if so, how will they be used and adequately
supervised?
9. Describe the strategies and use of support staff you plan to utilize in order to balance
a high case load, high quality representation meeting the Standards, and cost
effectiveness.
10. Provide any noteworthy elements of your approach to legal representation which
speak to the types of cases or the demographic characteristics of Renton's public
defense work.
11. Describe the system of performance reviews to assure that all attorneys are providing
adequate legal representation and complying with the Standards.
12. Provide a statement explaining how you define "conflicts of interest"and describe the
procedure for screening conflicts.
13. Describe your approach to plea-bargaining and alternative dispositions of criminal
charges would be utilized.
14. Standard 3.3 assumes "fully supported ... attorneys." Standard 5.2 identifies costs
associated with public defense representation. Please describe the resources in your
office that will be used to fully support attorneys providing public defense service.
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15. Standard 6.1 provides that "Public defense attorneys shall use investigation services
as appropriate." What do you think is the best manner in which investigative services
shall be made available? Would you recommend a staff investigator be employed in
your office? A panel to which attorneys can apply? What has been your previous
experience working with and obtaining the services of an investigator?
16. In what circumstances would you allow for representation by an attorney other than
the attorney of record?
17. Please describe how you propose to handle disagreements with court staff or court
procedures.
C. Communication, Customer Service and Trainin�
1. What philosophy will guide your provision of public defense services?
2. What systems will you put in place to assure that clients can easily contact their
attorneys and that attorneys maintain client contact?
3. The City will require its public defense office to regularly report information
demonstrating that its public defender is complying with the Standards and the
Performance Guidelines for Criminal Defense Representation approved by the
Washington State Bar Association. Refer to the contract for specifics.
a. Please describe your firm's capacity to provide this information and any
software or other reporting format utilized by the proposer.
4. How will success be measured for clients?
5. Describe how you will adequately serve clients within Renton and surrounding areas
who may have limited abilities to travel. What processes will you utilize to provide
adequate opportunity for communication?
6. Describe the type and amount of training provided to the attorneys associated with
this RFP. How much in-house and courtroom mentoring and supervision will be
available and how much emphasis do you place on mentoring and supervision?
7. Describe your firm's plan to ensure effective communication with clients and how you
will coordinate internally to maintain consistency. Identify any constraints that might
affect your ability to respond timely; include your plan to maintain services under such
constraints.
8. Do you need office space within the City of Renton City Hall to meet with clients?
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D. Past Contract Performance & References
1. If any attorneys providing legal services have previously provided contract services for
a city or county, please provide documents outlining the quality of contract
compliance under those previous contracts. If such documents are not available,
please provide contact information for the contract administrator at the contracting
agency.
2. If applicable, have any of the attorneys providing legal services ever had a contract
that was terminated partly or wholly for performance?
3. In the last five years, have any attorneys been placed on corrective action in relation
to such contract?
4. Have any of the attorneys providing legal services been removed from representation
in a case for any reason other than conflict of interest or irreconcilable differences
with a client, or been found in any manner to be ineffective in the representation of
his/her clients by an ethics panel or by any court? If yes, please explain.
5. Describe any past instances when an attorney providing legal services has been
sanctioned by any court for any reason.
6. Has any attorney providing legal services settled a dispute relating to malpractice prior
to filing or had an action for malpractice filed in any court? If yes, please explain.
7. Has any attorney providing legal services been subject to a complaint, claim, or case
in which the Washington State Bar Association opened an investigation regarding any
violation of the Rules of Professional Conduct? If yes, please explain.
8. Please explain what corrective action will be taken as a result of a disciplinary finding
or sanction arising out of the provision of public defense services.
9. Please provide three (3) references (with name, title, address, and phone number)
who can speak to your ability to provide defense services to indigent persons charged
with misdemeanor offenses. Include a brief statement describing the relationship to
the reference.
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EXHIBIT A: DRAFT FORM OF CONTRACT
[See attached]
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
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AGREEMENT FOR PRIMARY PUBLIC DEFENSE SERVICES
THIS AGREEMENT, dated C��cE< h�r� tc� ��7��r� t���,, is by and between the City of Renton (the
"City"), a Washington municipal corporation, and Clic�: ����re t� �� ' =;t��, ("Public Defender"),
� :�;_� 3�.� � .3w�;�r ������;:.. The City and the Public Defender 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: Public Defender agrees to act as the City's primary public defense law
firm and to provide indigent defense services to all 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. This Scope of Work, and
exceptions to Public Defender's duty to provide indigent defense services, is further
specified in Attachment A, which is attached and incorporated herein and may
hereinafter be referred to as the "Work."
2. Chan�es 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 compensation provided by this Agreement or as
otherwise mutually agreed by the Parties.
3. Term:
A. Commencement. Public Defender shall commence full performance of the
Agreement starting on April 1, 2019. As of that date, Public Defender shall represent
all indigent defendants seeking counsel who have not been previously assigned to
another attorney, except as otherwise provided in the Work. Formal case
appointments will be made by the Renton Municipal Court. Prior to formal
appointment, Public Defender will provide limited representation as specified in the
Work.
B. Previously Assi�ned Defendants. This section may need updating.
i. To the extent possible if the Public Defender was the City's primary contracted
public defender immediately prior to this Agreement, Public Defender shall
continue to represent all clients previously appointed and its representation
of such clients shall continue, without additional compensation, under the
Exhibit A—RFP Draft Agreement—Primary Public Defense Services
terms and conditions of this Agreement, including conformance with the
Defense Standards in the Work.
ii. To the extent Public Defender was not the City's primary contracted public
defender immediately prior to this Agreement, it is anticipated that the prior
public defender will continue to represent clients appointed prior to April 1,
2019, through the earlier of the conclusion of such cases, or June 30, 2019.
iii. For cases assigned to the previous public defender that remain active on July
1, 2019,the previous public defender may seek leave from the court for Public
Defender to substitute, and Public Defender will accept such substitution
except as provided for in the Work (e.g. Public Defender is not required to
accept the substitution if doing so would violate the rules of professional
conduct).
C. End of Term. Unless terminated pursuant to Section 5, the term of this Agreement
shall run for five (5) years through March 2024. The Agreement may be extended by
written mutual agreement of the parties. After expiration of the term, as may be
extended, the City will stop appointing new clients under this Agreement. Public
Defender will continue to represent all clients appointed prior to expiration of the
term through the earlier of(i)completion of the appointed cases, (ii)three(3) months
after the City appoints a new primary public defender, or (iii) the court grants
withdrawal due to a conflict of interest or other rule of professional conduct that
mandates withdrawal. All applicable terms of this Agreement shall continue to apply
to all Work performed after expiration of the term, including but not limited to
conformance with the Defense Standards while representing clients appointed during
the Term. Public Defender agrees to negotiate in good faith a short term extension to
the end of the term if the City is delayed in reaching an agreement with a successor
public defender.
4. Compensation:
A. Base Compensation.The City shall pay Public Defender Base Compensation according
to following schedule of monthly payments for its performance of the Work:
Year 1: Months 1-12: $ per month.
Year 2: Months 13-24: $ per month.
Year 3: Months 25-36: $ per month.
Year 4: Months 27-48: $ per month.
Year 5: Months 49-60: $ per month.
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
Except as provided otherwise herein, the cost of all infrastructure, salaries,
administrative support and systems, legal research and criminal database
subscriptions, as well as standard overhead services necessary to perform the Work
are included in this base compensation. The increases for each year represent an
annual increase in Base Compensation of 3%.
The Base Compensation set forth in this subsection is intended to fully compensate
and prepay Public Defender for the completion of all new cases assigned within the
month the compensation is earned. Because Base Compensation is a prepayment for
completion of cases, it shall not continue to be paid after the term of this contract
expires even though Public Defender will continue to represent clients appointed
prior to the term's expiration.
B. Adiustment to Base Compensation Due to Case Load. The Base Compensation
presumes Public Defender will be assigned up to cases annually, in
addition to its provision of required limited representation services. For purposes of
this subsection, the projected number of cases excludes cases for which Public
Defender withdrawals prior to performing substantial services due to a conflict or
other ground for withdrawal.
The City and the Public Defender agree to negotiate prospective adjustments to the
Base Compensation if there is(or is reasonably anticipated to be)either(i)a significant
increase in the cases assigned, such that Public Defender would be required to hire
additional attorney staffto remain in compliance with the Defense Standards required
by the Work, or (ii) a significant decrease in the number of cases assigned, such that
Public Defender could reduce attorney staff and remain in compliance with the
Standards. At the request of either party, the Parties will periodically review case
assignment trends and any other matters needed to determine Agreement
compliance or necessary Agreement modifications.
Public Defender shall promptly notify the City when quarterly caseloads can
reasonably be anticipated to require use of secondary or conflict counsel to assure
that cases assigned to Public Defender remain within the limits adopted in this
Agreement and comply with state and local standards. Upon receipt of such
notification,the City will review the information provided and determine whether use
of secondary counsel is necessary. Public Defender will provide any supplemental
information reasonably requested by the City to make its determination.
C. Payments in Addition to Base Compensation. 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:
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
i. Discoverv. 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.
ii. 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. 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
manager or his/her designee for approval, such approval not to be
unreasonably withheld.
iii. Lav 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;
iv. Copyin� 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;
v. 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
vi. Process Service. The normal, reasonable cost for the service of a subpoena,
subject to the requirements of CrRU 4.8(a).
vii. Other Costs. Costs not identified within this Subsection 4.0 will be reimbursed
by the City only upon preapproval by the City's contract manager. Public
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
Defender shall apply for such preapproval in writing before incurring the costs
sought to be reimbursed.
D. Method of Pavment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Public Defender shall submit a voucher or invoice in
a form specified by the City, including a list of cases assigned during the period for
which compensation is sought,the name ofthe attorney(s)assigned to each case, and
itemization of any reimbursable costs incurred. 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 Public Defender's
performance does not meet the requirements of this Agreement,the Public Defender
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.
E. Effect of Pavment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Public Defender for failure of the
Public Defender to perform the Work or for any breach of this Agreement by the
Public Defender.
F. 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.
5. Termination:
A. Optional Shortenin� of Term. Either party may elect to shorten the term of this
agreement, for any reason, by giving no less than a one (1) year advance notice of the
date upon which the party wishes to end the term. In the event the term is shorted
pursuant to this subsection, all other provisions of this agreement shall remain in
place, including Public Defender's duty to continue performing the Work on cases
assigned within the term for three (3) months after the end of the term.
B. For Cause Termination. This Agreement may be terminated for good cause for
violation of any material term of this Agreement. "Material term" shall include any
violation indicating a failure to provide representation in accordance with the rules of
court, the ethical obligations established by the Washington State Bar Association,
the willful disregard of the rights and best interests of the client, a willful violation of
the Defense Standards, the provisions of Section 12 relating to insurance, conviction
of a criminal charge, and/or a finding that the license of an attorney providing service
under this Agreement, has been suspended or revoked. Any violation of the other
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
provisions of this Agreement shall be subject to cure. Written notice of Agreement
violation shall be provided to the Public Defender who shall have thirty (30) business
days to cure the violation. Failure to correct the violation will give rise to termination
for cause at the City's discretion. In lieu of terminating this Agreement, the City may
agree in writing to alternative corrective measures.
6. Record Maintenance: The Public Defender acknowledges that it is responsible for
maintenance of records created in the performance of this agreement in compliance with
applicable ethical obligations to clients and pursuant to applicable state public records
retention schedules. The Public Defender agrees to provide access to and copies of any
non-confidential records related to its compliance with the Defense Standards and/or
with any records the City is required to provide in response to a Washington State Public
Records Act (Chapter 42.56 RCW). To the extent Public Defender asserts attorney client
privilege or other applicable exemption in response to a public records request, Public
Defender agrees to redact such privileged information and prepare a privilege log as
required by the Public Records Act. 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, Public Defender 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
Public Defender believes said records need to be protected from disclosure, it may, at
Public Defender's own expense, seekjudicial protection. Public Defender 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 Public Defender
has responsive records and for which Public Defender has withheld records or
information contained therein,or not provided them to the City in a timely manner. Public
Defender 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.
8. Independent Contractor Relationship:
A. The Public Defender 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 Public
Defender and the City during the period of the Work shall be that of an independent
contractor, not employee. The Public Defender, 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 Public Defender shall have no obligation to work any
particular hours or particular schedule, unless otherwise indicated in the Scope of
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
Work or where scheduling of attendance or performance is mutually arranged due to
the nature of the Work. Public Defender shall retain the right to designate the means
of performing the Work covered by this agreement, and the Public Defender 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 Public
Defender 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 Public
Defender or any employee of the Public Defender.
C. Ifthe Public Defender is a sole proprietorship or ifthis Agreement is with an individual,
the Public Defender agrees to notify the City and complete any required form if the
Public Defender retired under a State of Washington retirement system and agrees
to indemnify any losses the City may sustain through the Public Defender's failure to
do so.
9. Hold Harmless: The Public Defender 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 Public Defender in its performance of this
Agreement or a breach of this Agreement by Public Defender, except for that portion of
the claims caused by the City's sole negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Public Defender'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 Public Defender shall not give a gift of
any kind to City employees or officials. Public Defender also confirms that Public Defender
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 Public Defender, negotiating or
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
administering this Agreement, or evaluating the Public Defender's performance of the
Work.
11. City of Renton Business License: The Public Defender 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:
http://www.rentonwa.�ov/cros/One.aspx?portalld=7922741&pa�eld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.�ov/doin�-business/re�ister-mv-business
12. Insurance: Public Defender 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.
D. Commercial Automobile Liabilityforowned, 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 Public Defender's vehicles on the City's Premises by or
on behalf of the City, beyond normal commutes.
E. Public Defender 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 Public Defender liability, nor shall
the maintenance of any insurance required by this Agreement be construed to limit
the liability of Public Defender 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.
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
G. Public Defender shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
13. Delays: Public Defender is not responsible for delays caused by factors beyond the Public
Defender's reasonable control. When such delays beyond the Public Defender's
reasonable control occur, the City agrees the Public Defender is not responsible for
damages, nor shall the Public Defender be deemed to be in default of the Agreement.
14. Successors and Assi�ns: Neither the City nor the Public Defender 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 PUBLIC DEFENDER
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16. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Public Defender agrees as follows:
A. Public Defender, and Public Defender'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.
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
B. The Public Defender will take affirmative 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 Public Defender 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 Public Defender is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion ofthe
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 Public Defender.
B. Public Defender will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Public Defender shall furnish all tools and/or materials necessaryto perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Public Defender
to provide Work he/she will acquire or maintain such at his/her own expense and, if
Public Defender 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 Public Defender 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. Public Defender is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Public Defender is responsible for his/her own Worker's Compensation coverage as
well as that for any persons employed by the Public Defender.
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
H. Except as specifically provided herein, the Public Defender shall be solely responsible
for payment of any taxes imposed as a result of the performance and payment of this
Agreement.
18. Other Provisions:
A. Approval Authoritv. Each individual executing this Agreement on behalf of the City
and Public Defender represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City or Public
Defender.
B. General Administration and Mana�ement. The City's project manager is its Chief
Administrative Officer. In providing Work, Public Defender 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 Public Defender 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 Public Defender
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. Governin� 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. Public Defender and all of the Public Defender's employees shall perform the
Work in accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Draftin� 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. Public
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
Defender hereby expressly consents to the personal and exclusive jurisdiction and
venue of such court even if Public Defender 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 A�reement. 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 Public Defender'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. Bindin� 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 Public Defender from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
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.
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON PUBLIC DEFENDER
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Date Date
Attest `
Jason A. Seth
City Clerk
Approved as to Legal Form �
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Shane Moloney
Renton City Attorney
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Exhibit A—RFP Draft Agreement—Primary Public Defense Services
ATTACHMENT A
Primary Public Defense Services Scope of Work
Section 1. Duty of Representation
1.1 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 provide indigent defense services to all indigent criminal
defendants charged by the City of Renton with misdemeanors and/or gross
misdemeanors and those individuals underthe supervision ofthe Renton Municipal Court
whom the City is legally required to provide indigent legal defense services.
1.2 Representation of Defendants at Critical Stages. The Public Defender is required to
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 clients from time of appointment through any
appeal stages and post-conviction review hearings. Accordingly, in addition to
representing clients who are formally assigned by the Renton Municipal Court, the Public
Defender will provide limited, but effective, representation to those who self-identify as
unable to retain a private attorney and 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. Public Defender shall provide the Renton Police Department a
working phone number at which an attorney may be reached at all hours as necessary to
comply with the limited representation requirement. Public Defender's representation
of individuals prior to formal appointment shall not extend beyond indigency screening
unless the Renton Municipal Court formally appoints Public Defender to continue
representation. Public Defender shall advise all individuals, to whom it provides limited
representation, the nature of the limited representation consistent with applicable rules
of professional conduct.
1.3 Exceptions from Duty of Representation. Public Defender shall not be required to
represent indigent clients under the following circumstances:
1.3.1 Representation of that client 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
Primary Public Defense Services
Attachment A—Scope of Work Page 1 of 6
Exhibit A—RFP Draft Agreement—Primary Public Defense Services
1.3.2 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 client 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
2.1 Defense Standards. The Public Defender's primary and most fundamental responsibility
is to promote and protect the interest of the client. The Public Defender shall provide
effective representation to all clients in a professional, skilled manner and at all times
comply with the Washington State Supreme Court Standards for Indigent Defense
currently in place or as hereafter amended, the applicable Rules of Professional Conduct,
applicable court rules, the most current Washington State Bar Association Standards for
Indigent Defense Services approved by the Board of Governors, applicable standards
adopted by the City in this contract or by policy, resolution, or ordinance, and all case law
and applicable court rules defining the duties of counsel and the rights of defendants in
criminal cases, in particular the decision in Wilber v. Mt. Vernon, 989 F. Supp. 1122 (W.D.
2013) (collectively, "Defense Standards").
2.2 Attorney Case Loads. Each attorney providing services under this Agreement shall
maintain a case load which 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 clients, providing
limited representation services (including those services required to be provided by
Section 1.2 above), or to account for the attorney's part time status. Unless separately
authorized by the City, or required by the Defense Standards, a non-weighted caseload
count shall be used.
For purposes of this Agreement, "case" is defined to have the same meaning as defined
in Standard 3.3 of CrRU 3.1 (Standards for Indigent Defense). Upon Public Defender's
assignment of a defendant by the Renton Municipal Court, Public Defender shall assign
an attorney to represent the defendant in the case. The assigned attorney shall sign, file,
and serve a notice of appearance with the court and City prosecutor's office.The assigned
attorney shall be responsible for establishing a relationship with the defendant consistent
with the Defense Standards. 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
Primary Public Defense Services
Attachment A—Scope of Work Page 2 of 6
Exhibit A—RFP Draft Agreement—Primary Public Defense Services
full case for purposes of calculating case load limits. Unless 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 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.
2.3 Public Defender's Specific Duties. 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:
2.3.1 Pay its Attorneys consistent with Standard One of the WSBA's Standards for
Indigent Defense Services;
2.3.2 Budget for, provide, and pay for adequate administrative services and facilities
using the base compensation provided for in this Agreement, including, but not
limited to, having an office within a reasonable distance of the City that
accommodates confidential meetings with clients and receipt of mail, and
adequate telephone and email services to ensure prompt responses to clients;
2.3.3 Provide an adequate number of support services staff and contracted service
providers to provide effective representation consistent with the Defense
Standards;
2.3.4 Provide or require regular training to all attorneys providing public defense
services under this Agreement consistent with Standard Nine of the WSBA's
Standards for Indigent Defense Services;
2.3.5 Provide supervision, monitoring, and evaluation of attorneys performing services
under this Agreement consistent with Standards Ten and Eleven of the WSBA's
Standards for Indigent Defense Services;
2.3.6 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 Standard Twelve of the WSBA's Standards for Indigent Defense
Services;
2.3.7 Establish limits on the amount of private work Public Defender's attorneys can
accept consistent with Standard Thirteen of the WSBA's Standards for Indigent
Defense Services; and
Primary Public Defense Services
Attachment A—Scope of Work Page 3 of 6
Exhibit A—RFP Draft Agreement—Primary Public Defense Services
2.3.8 Ensure all attorneys and legal interns providing services under this Agreement
meet the applicable qualifications set forth in Standard Fourteen of the WSBA's
Standards for Indigent Defense Services;
2.3.9 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 advise arise,
including non-business hours;
2.3.10 Actively communicate with clients, promptly review all discovery provided by the
City, research applicable legal issues, attempt to negotiate resolutions with City
prosecutors, and otherwise prepare for all hearings in advance so as to avoid
unnecessary continuances;
2.3.11 Meet with incarcerated clients awaiting trail and prioritize preparation for such
cases;
2.3.12 Attend, in person or through approved teleconference, all scheduled hearings for
all assigned cases, all arraignment calendars, and all jail calendars unless excused
by the court. Attorneys should arrive far enough in advance to be sufficiently
prepared and to meet with clients in advance of their hearings;
2.3.13 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 Public Defender's
services or the operation of the Municipal Court in general;
2.3.14 Cooperate with reasonable requests for meetings, information, and records made
by the City for information relating to its duty to monitor Public Defender's
performance of this Agreement;
2.3.15 Develop a method to receive and respond promptly to client complaints,
consistent with Standards Fifteen of the WSBA's Standards for Indigent Defense
Services; and
2.3.16 Maintain a system to screen for and avoid representation of clients that would
cause a conflict of interest in violation of applicable rules of professional conduct.
Section 3. City Assistance
3.1 City Assistance in Public Defender's Performance of its Duties. The City shall perform
the following duties to accommodate Public Defender's performance of its duties:
Primary Public Defense Services
Attachment A—Scope of Work Page 4 of 6
Exhibit A—RFP Draft Agreement—Primary Public Defense Services
3.1.1 The City, through its prosecutors, shall provide timely production of all
discoverable material to Public Defender,which will be provided primarilythrough
electronic transmission where technically feasible.
3.1.2 The City will provide meeting space within the Renton City Hall in which Public
Defender may schedule to meet with clients that are unable to meet at its own
offices and/or on the days of the client's scheduled hearings. This provisional,
meeting space will be provided by prearranged agreement/scheduling and is not
intended to replace the requirement that Public Defender have its own office and
working space.
3.1.3 The Public Defender will establish regular office hours during which clients may
contact Public Defender and speak with an attorney with or without making an
appointment. Public Defender shall assign an attorney or combination of
attorneys regular office with the Renton City Hall at least four (4) hours per week
before and/or after regular court calendars.
3.1.4 The City will provide Public Defender City contact information for it to refer clients
who are not satisfied by Public Defender's response to a previous complaint,
consistent with Standard Fifteen of the WSBA's Standards for Indigent Defense
Services; and
3.1.5 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 improvements relating to Public Defender's services or the operation of
the Municipal Court in general.
Section 4. Reportin�, Monitorin�and Record Keepin�
4.1 Public Defender Reporting. Public Defender shall comply with the following reporting
obligations:
4.1.1 On a quarterly basis, each attorney providing services for Public Defender under
this Agreement shall certify compliance with the Defense Standards on forms
approved by the court or court rule. The certification shall include an
approximation of the percent of full time work the attorney spends representing
indigent defendants. A copy of every such filing shall be provided to the City's
contract manager contemporaneously with the court filing.
Primary Public Defense Services
Attachment A—Scope of Work Page 5 of 6
Exhibit A—RFP Draft Agreement—Primary Public Defense Services
4.1.2 On a quarterly basis, Public Defender shall report to the City the total number of
new cases assigned to Public Defender in the previous rolling year, broken down
by quarter.
4.1.3 On a quarterly basis, Public Defender shall report to the City the total number of
cases assigned to each attorney under this Agreement in the previous rolling year,
broken out by quarter and the attorney's name.
4.1.4 On a quarterly basis, Public Defender shall report to the City 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
was not appointed. The 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.
4.1.5 On an annual basis, Public Defender shall provide the City with 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 client
for each assigned case, and listing of all complaints received by clients, including
the nature of the complaint and resolution thereto.
4.2 City Monitoring. Pursuant to the Defense Standards, the City is required to monitor
Public Defender's Performance of its Duties. Such monitoring shall not interfere with
Public Defender's status as an independent contractor. Nor will the City seek any attorney
client privileged communications. In instances in which the City suspects either the
Defense Standards or requirements of this Agreement are not being followed, the City
may reasonably request additional records or reports in addition to the records
specifically required by this Section. The City may also request meetings to discuss any
concerns it has based upon 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. The City may also hire an independent
consultant to review Public Defender's performance with this contract. Public Defender
agrees to reasonably cooperate with all such monitoring efforts.
4.3 Public Defender Record Keeping. Public Defender shall maintain documentation of its
performance of this Agreement sufficient to demonstrate its full performance with the
Defense Standards. Such information shall be recorded in a fashion in which it may be
reasonably requested and provided to the City in its monitoring role.
Primary Public Defense Services
Attachment A—Scope of Work Page 6 of 6