SCOPE OF SERVICES.  See also Federal Way Revised Code 2.05.130 – 2.05.220 – Public Defense.

A.General Description.  Pursuant to Chapter 10.101 of the RCW, all indigent criminal defendants, determined to be eligible under Section G below and charged under any and all ordinances of the City of Federal Way who qualify for appointed counsel, will be referred to the Public Defender.  The Public Defender will provide legal representation for each of these defendants from court appointment or screening through trial, sentencing, post-conviction review and any appeals to Superior Court or Washington Appellate Courts.  The Public Defender, or subcontractor of the Public Defender, will provide criminal defense services at in-custody hearings, and will be available to talk and meet with indigent defendants in  the King County Jail, the Fife City Jail, the Kent City Jail, the Issaquah Jail, SCORE Jail, or other facility used by the City within thirty (30) miles of the City of Federal Way

B.Minimum Qualifications.  All attorneys shall meet the minimum qualifications pursuant to the Supreme Court’s Order No. 25700-A 1008, Section 14.1.

Lead Public Defender.  In order to provide high quality and efficient public defender services, proposals should identify one attorney who will be the Lead Public Defender responsible for contract performance, contact and communication with the Mayor or designee, the conduct and competence of all defense counsel employed by the Public Defender to represent defendants in Federal Way, and managing coverage for all Federal Way Municipal Court calendars (see attached typical calendar schedule).  The Lead Public Defender must manage any coverage issues pursuant to Sections E and R below.  The Lead Public Defender should have at least three (3) years of criminal defense experience in the State of Washington, and should also be one of the attorneys regularly appearing in court on behalf of defendants.  The Lead Public Defender will oversee training, supervision, monitoring, and evaluation of attorneys. 

Any violation of the Rules of Professional Conduct, as determined by the Washington State Bar Association, will be cause for removal of a specific defense attorney from appearance in Federal Way courts and/or contract termination. 

C.Services Required.  The Public Defender will attempt to initiate contact with assigned clients within twenty-four (24) hours of assignment.  The Public Defender will provide their clients with contact information for availability during office hours.  The Public Defender will also return client phone calls or other attempts to contact the Public Defender within forty-eight (48) hours, excluding weekends.

The Public Defender must commit to reviewing each case before the defendant’s first appearance in court post-arraignment, and discuss the case with each defendant prior to the first court appearance post-arraignment.  It will also be expected that the Public Defender staff arraignment and in-custody calendars (see attached example calendar schedule). 

D.Reporting.  The Public Defender shall prepare and make available for City inspection monthly reports delineating each client who has been appointed the Public Defender, including the name(s), charge(s), cause number(s), disposition, bench or jury trial, and whether an appeal was filed.     

The Public Defender will also participate in quarterly performance reviews with the Mayor or designee.  The Public Defender will be held responsible for correcting any performance shortfalls according to the performance standards set forth in the contract. 

E.Associated Counsel.  Any counsel associated with or employed by the Public Defender shall have the authority to perform the services called for herein, and the Public Defender may employ associated counsel to assist at the Public Defender’s expense.  The Public Defender and all associated counsel hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington.  The parties understand that the Public Defender pursuant to Section P below may subcontract for in-custody hearings at SCORE or alternative jails described in Section A above.  Sufficient counsel shall be provided to represent defendants during vacation, illnesses, and settings in more than one courtroom.  No legal intern shall be used.

F.Term.  Public Defender services will commence on July 1, 2019 for a term of two and half (2 ½) years, terminating December 31, 2021, and subject to successful performance, will be extended for an additional two (2) year term to December 31, 2023.

G.Screening.  Determination of indigency for eligibility for appointed counsel for the contract will be determined by an independent screening process established by the City pursuant to RCW 10.101.  The City will be responsible for the costs of and handling the screening process.  Should the Public Defender determine a defendant is not eligible for assigned counsel, the Public Defender will inform the Court and move to withdraw from the case. 

H.Attorney Conflict.  The Public Defender shall maintain a written policy explaining how a conflict of interest is defined, and identify conflicts as quickly as possible. 

When the Public Defender determines the firm has been appointed to represent a defendant whom the firm cannot represent because of a conflict of interest; who is currently facing charges and could subsequently become a witness for the City on a separate charge; or due to other professional rules of conduct resulting in ineligibility; the Public Defender must notify the Court and request withdrawal from the assignment. 

No payment will be made to the Public Defender for work performed on cases subsequently identified as conflicts. 

If a conflict is created or a conflict attorney is appointed by the Court due to conduct of the Public Defender or designee, then the Public Defender may be billed for the cost of the appointed conflict attorney. 

I.Twenty-Four (24) Hour Telephone Access.  The Public Defender shall provide to the City’s Police Department the telephone number or numbers at which the Public Defender can be reached for critical stage advice to defendants during the course of police investigations and/or arrests twenty-four (24) hours each day. 

J.Kite/Letters from Defendants In-Custody.  The Public Defender shall review all kites and/or letters from defendants who are in-custody and have not been appointed or assigned counsel, and take appropriate action to address those kites and/or letters as appropriate.

K.Insurance.

i.  Commercial general liability insurance in the amount of $2,000,000 for each occurrence and $2,000,000 general aggregate.

ii.  Workers’ compensation and employer’s liability insurance in amounts sufficient pursuant to the laws of the State of Washington.

iii. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage.

iv. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate;

v.  Alternatively, if the proposer is a public agency, shall provide proof of self-insurance with terms acceptable to the City. 

Please indicate type of insurance:

                                        ________    self insurance; or

                                     _______    policy

L. Indemnification.  The Public Defender shall indemnify, defend and hold the City, its elected officials and employees, agents and volunteers harmless from any and all claims, losses or liability, including all costs and attorneys’ fees, arising out of the Public Defender’s performance pursuant to the Contract, including claims arising by reason of accident, injury or death caused to persons or property of any kind occurring by the fault or negligence of the Public Defender, his or her associates, agents, and employees.  To the extent that any of the damages referenced by this paragraph are caused by or resulting from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Public Defender, its officers, associates, agents, and employees. 

M.Expert Services Fees.  The City shall reimburse the Public Defender for reasonable expert witness fees if the court orders an expert witness upon motion of the Public Defender.

N .Discovery Provided.  The City shall provide to the Public Defender at no cost to the Public Defender one (1) electronic copy of all discoverable materials concerning each assigned case with the exception video tapes which shall be made available for inspection in accordance with rules for discovery.

O. Code Provided.  The City of Federal Way Criminal Code is available on-line at www.codepublishing.com/WA/FederalWay. 

P. Assignment of Subcontractors.  No assignment or transfer of the Contract nor any interest in the Contract shall be made by the Public Defender without prior written consent of the City.

Q. Standards for Public Defense Services.  The Public Defender shall comply with the standards for public defense services.  The City has adopted case weighting pursuant to the Order of the Supreme Court.  (A copy is attached).

R. Staffing Levels.  Throughout the term of the contract, the Public Defender must provide a sufficient number of attorneys to adequately staff the City’s two to three daily courtrooms at Federal Way Municipal Court and SCORE (SCORE through 12/31/2019), and to staff possible appearances at District Court, King County Superior Court, and/or the Washington Appellate Courts. The City and the Municipal Court will assume punctuality and preparedness to be a part of providing sufficient staffing levels. (See attached typical calendar)