RFP EX 25-001 - Indigent Public Defense Services

The City of Woodinville, Washington (“City”) hereby solicits proposals from firms or individuals (“Attorney”) qualified to provide public defense services for indigent criminal defendants. Scope of Work DetailsMonthly Case Information Traditional court From 2023-2025, the City has assigned an average of 19 cases per month using an unweighted standard. The number of assigned indigent defendants and the resulting trials are dependent on the unique facts and circumstances of any particular case and time period. In an average month at Kirkland Municipal Court, the Attorney could see: 7 criminal nontraffic cases 2 criminal traffic cases The following chart shows data from 2023 – 2025: 2023-2025 Woodinville Case Detail Infraction Infraction Criminal Criminal Traffic Nontraffic Parking DUI Traffic Nontraffic Total Jan-23 13 0 0 0 3 9 25 Feb-23 11 0 0 0 1 3 15 Mar-23 15 0 0 3 2 2 22 Apr-23 3 0 1 1 1 4 10 May-23 12 0 3 3 2 8 28 Jun-23 11 0 7 0 0 2 20 Jul-23 10 0 3 2 1 5 21 Aug-23 5 0 3 1 1 3 13 Sep-23 10 0 2 0 1 1 14 Oct-23 11 0 1 1 1 1 15 Nov-23 13 0 1 2 3 6 25 Dec-23 13 0 3 2 0 6 24 Total 2023 127 0 24 15 16 50 232 Jan-24 5 0 1 1 2 12 21 Feb-24 2 0 0 3 0 13 18 Mar-24 13 0 0 1 2 5 21 Apr-24 9 0 0 1 2 14 26 May-24 13 0 1 2 1 5 22 Jun-24 6 0 7 0 2 4 19 Jul-24 8 0 4 2 4 14 32 Aug-24 7 0 1 0 1 14 23 Sep-24 5 0 7 0 3 4 19 Oct-24 13 0 5 0 2 8 28 Nov-24 18 0 5 0 1 2 26 Dec-24 10 0 1 0 0 1 12 Total 2024 109 0 32 10 20 96 267 Jan-25 20 0 0 2 6 11 39 Feb-25 9 0 0 1 0 4 14 Mar-25 13 0 0 2 2 10 27 Apr-25 15 0 0 1 0 7 23 May-25 24 0 0 1 1 8 34 Jun-25 16 0 1 0 2 5 24 Jul-25 15 0 0 0 2 14 31 Aug-24 0 0 0 0 0 0 0 Sep-25 0 0 0 0 0 0 0 Oct-25 0 0 0 0 0 0 0 Nov-25 0 0 0 0 0 0 0 Dec-25 0 0 0 0 0 0 0 Total 2025 112 0 1 7 13 59 192 Kirkland Community Court Community courts seek to respond to crime through a combined strategy of holding offenders accountable and offering to help participants with a range of social needs. The City signed an interlocal agreement with the City of Kirkland to participate in the Community Court program in August of 2024. Since joining the program, 8 individuals have graduated successfully. A breakdown of the clients can be found in the table below: 2024 2025 Graduates 3 5 Opt Outs 3 6 Current Participants 2 Warrant Status 1 Deceased 1 Revocations 1 Scope of Work The selected Attorney will provide legal representation to individuals charged with misdemeanor crimes and civil infractions committed within the City’s geographical boundaries. The Attorney will represent defendants in Kirkland Municipal Court and/or King County District Court in Redmond (the frequency of appearances at King County District Court in Redmond will be minimal) and in Kirkland Community Court. All submitted proposals must designate an attorney who will be accountable for Attorney’s performance of services to the City. Representation includes, but is not limited to: Arranging prehearing conferences Attending hearings Preparing and negotiating pretrial hearings Motion hearings Readiness hearings Preparing pleas and pleadings Counseling clients Conducting legal research Reviewing discovery materials Scheduling and preparing for trials Attending bench and jury trials Other work essential to providing ordinary legal representation for the accused from receipt of the Order Appointing Counsel to pursuing the defendant’s appeal Regular reporting on case load/type of case to City of Woodinville Attorney Requirements/Standards The Attorney selected will provide an adequate number of defense counsel to efficiently manage the number of cases assigned to them by the Court. The Woodinville Police Department (“WPD”) will be provided a 24-hour telephone number(s) at which the Attorney may be reached for “critical stage” advice to defendants during the course of police investigations and/or arrest 24 hours each day for any criminal violation of municipal ordinances. An Attorney with less than one year of criminal defense experience in District Court (hereafter referred to as a new attorney) or a Rule 9 intern may only appear on their own at arraignments, sentencings, or reviews if a senior attorney oversees the preparation of the arraignment, sentencing and/or review and provides adequate training. The caseload of a full-time Attorney or assigned counsel should not exceed the caseload limits allowed by the Standards as defined below. Currently, misdemeanor caseloads in courts of limited jurisdiction shall be limited to 300 misdemeanor cases per attorney, per year in a weighted caseload system pursuant to Standard 3.6, or, as is currently the case, where the City has not adopted a case-weighting system, 400 misdemeanor cases per year per attorney. The City adopts standards in Resolution No. 510 which includes the Standards for Indigent Defense adopted by the Washington Supreme Court’s Order No. 25700-A-1004 (“Standards”) and Chapter 10.101 RCW (all hereinafter as “Standards”).  The Attorney retained under this Agreement shall comply with all Standards and shall certify their compliance with the Standards, for criminal offender cases, on a quarterly basis in each court in which the Attorney has been appointed counsel.  The Standards for Indigent Defense Services adopted by the Board of Governors of the Washington State Bar Association on September 7, 2024, and any amendments thereto, shall serve as a guideline for the parties in interpreting and applying the Standards. Firms/attorneys should also plan, and be responsive to, Washington State Supreme Court Order No. 25700-A-1644 which dictates caseload reductions and limits, beginning in 2026, and will be expected to comply with revised Standards to be adopted by the City in accordance with such order Attorney Conflicts In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot represent the defendant, said defendant shall be referred back to the City for further assignment at the City’s expense. Court Schedule The Kirkland Municipal Court operates Monday – Friday from 8:30 am to 4:30 pm, with two courtrooms on certain days operating simultaneously. The Court is located at the Kirkland Justice Center (KJC), 11740 NE 118th Street, Kirkland, WA 98034. Reporting Requirements Invoices shall be submitted on a monthly basis and include backup information showing each defendant’s name, client offense(s) charged, case number, and hearing dates. On a quarterly basis, Attorney will provide a report to the City that details the following: Defendant’s name Case number(s) Criminal charge(s) filed and the date of filing Disposition of each charge Whether charges were reduced Number of court hearings Bench trial, jury trial, plea, or dismissal Attorney(s) name(s) Date of appointment Date case closed Whether an appeal was filed Number of cases relevant and related to Community Court Designated City staff and/or WPD may request quarterly (or as mutually agreed upon) meetings to address questions, concerns, issues, operations, etc. Community Court The Attorney will review cases for recommendations related to possible referral to Community Court and participate weekly on the Community Court calendars and all associated activities (including Community Court case review, communications with prosecutors regarding Community Court eligibility, and in-court calendar case dispositions). The Attorney shall attend Court-initiated meetings to review, revise or enhance operating performance of Community Court. Agreement Duration The initial term of the Agreement will be for three (3) years effective January 1, 2026 through December 31, 2028. Compensation as defined below is to remain valid through December 31, 2027 (first 2-year period). The Agreement may be extended upon mutually signed addendum. Compensation Base Fee The City will pay for services rendered on a base per-case fee. This base fee must include all costs associated with administrative and support resources to meet the Standards and maintain the caseload requirements. Expenses The City shall pay for the following expenses when reasonably incurred and approved by the Court: Discovery Preauthorized expenses such as: Lay Witness fees Copying Clients’ files Copying Records for RALJ Appeals Records Process service Community Court The City shall pay a flat fee per review hearing per Client that is engaged in the Community Court program. Appeals The City shall pay a flat fee for each case in which a RALJ appeal is filed and prosecuted by the Attorney in King County Superior Court. Compensation Adjustments Starting January 1, 2028 (year 3 of the initial term), a cost of living increase (COLA) of the Seattle Area Consumer Price Index for all Urban Consumers (CPI-U) from the pervious year’s June-to-June Seattle Area CPI-U may be applied to the base per-case fee as long as the Attorney is satisfactorily meeting its obligations under the Agreement. Review and renegotiation of compensation fees may be addressed for the following: If there is a significant increase or decrease in the number of cases assigned (10% variance up or down) Changes in rules or standards by the WA state supreme court, WA state bar association, or any other Standard defined herein. Transfer of Caseload Legal representation will extend through disposition of the client’s matter in Kirkland Municipal Court, along with any appeals. Upon conclusion of the Attorney’s contractual relationship with the City, all cases assigned prior to the Agreement term expiration, including those which have not reached resolution, initial or otherwise, shall be transferred to the new Attorney as efficiently and practicably as possible and within the guidelines and restrictions of the Rules of Professional Conduct. Cases in progress at the Agreement expiration or termination will be compensated at an hourly rate until completed or transferred to the new Attorney, whichever is most efficient and simultaneously allows for the protection of the rights of the accused. Proposal Submittal All interested Attorneys must submit their proposal through the Public Purchase portal only by 10 am local time on November 25, 2025. Proposals received after the due date will not be accepted. (For instructions on how to get registered in Public Purchase go here: https://www.sharedprocurementportal.com/VendorRegistration . Note that it may take up to 24 hours for newly registered accounts. Registration is a 2-step process.  Step 1 is to register.  Step 2 occurs after you receive an activation email from Public Purchase. You will have to log back in, click on the “Tools” tab then, on the “Agencies” tab.  This will take you to the Agency search page. In the Agency name box type in “Agency Name”.  Leave the “new Agency since” box blank. Make sure Registration Status says “ALL”.  Click on “search”. This will bring up the Agency below. To the far right of it you will see “view” and “Register”.  Click on the “Register” link to complete the supplier registration with the Agencies. If you do not select “Woodinville” you will not appear to me as a registered vendor and you will not be able to access this RFP or download bid attachments). Attorney’s certified Veteran Owned, Small Owned, or OMWBE Certified minority or women owned businesses are encouraged to register in Public Purchase and submit a proposal. For more information: Office of Minority and Women's Business Enterprises | (wa.gov) . Proposals should not exceed twenty (20) pages including resumes.  All pages count towards the page total except the cover/intro letter. Proposals should include the following: Executive Summary: An executive summary should include key elements of the Attorney’s Statement of Qualifications, such as firm’s history and background, and an overview of the team. Indicate the address, contact info (including email), and office location. Provide information if business is certified Veteran Owned, Small, or OMWBE certified. Related Firm Experience: Describe recent (within the last 3 to 5 years), directly related experience with other municipalities. Provide the method and approach demonstrating ability to meet the City’s public defense service needs. Provide 3 to 5 professional references and include the name of the agency, number of monthly cases, name/address/phone number/email of agency contact.  The City reserves the right to contact any reference listed. Statement of Team Experience: Provide information about the attorneys including the attorney(s) that would be designated as the lead public defense attorney for the City. Demonstrate their experience and familiarity with the law, regulations, standards of public defense services. Firms should detail in their submittals how they will plan to align/comply with the City’s adopted Standards and Washington State Supreme Court Order No. 25700-A-1644. Compensation Rates: Proposal should include a cost for the following: Per case Base Fee Community Court Fee (per review hearing per Client) Per Appeal filed Evaluation Criteria & Selection Process Proposals will be evaluated and ranked from 1 through 5 (5 being the highest ranking) against each criteria listed below. The highest cumulative total that can be given to any Attorney is 20 points. Firm’s relevant experience in performing public defense services Completeness of proposal submitted Approach/Methodology Compensation Rates References may or may not be contacted and interviews may not be scheduled. If a reference is contacted or an interview is performed, these will also be points of evaluation weighted the same with a cumulative total up to 30 points. The 0 to 5 scores represent the following: 0 = 0% Did not provide a response to the requirement 1 = 20% Far below expectations, poor response that minimally meets the requirements 2 = 40% Below expectations, a fair response that meets all the requirements in an adequate manner 3 = 60% Meets expectations, a good response that meets all the requirements and has demonstrated in a clear and concise manner, a thorough knowledge and understanding of the subject matter. 4 = 80% Exceeds expectations, a very good response that provides useful information, while showing experience and knowledge within the category. 5 = 100% Far exceeds expectations, a superior response that is highly comprehensive, excellent reply that meets all requirements of the area within that category. The City will review all timely submitted RFP’s and following such review, the City may interview one or more Attorney’s to assist its determination of the most highly qualified Attorney. The City will, in its sole discretion, determine the number of Attorney’s to be interviewed, and may require additional interviews or interviews of additional Attorney’s as deemed necessary by the City to determine the most highly qualified Attorney on the basis of the criteria stated above. The City shall not be responsible for any costs incurred by any person or entity to prepare, submit or present its response to this request. The City reserves the right to change the schedule or issue amendments to the RFP at any time, cancel or reissue the RFP, request clarification of information submitted and to request additional information from any Attorney. The City reserves the right in its sole and absolute discretion to reject any or all statements, wholly or in part, to waive any irregularities in any submitted statement, or refrain from contracting with any Attorney or to accept any statement received by reason of this request and which will best serve the interest of the City. Agreement for Services The Attorney selected for final award will be expected to enter in a Professional Services Agreement.  A draft Agreement is attached for review.  A certificate of insurance as defined in the Agreement terms will also be required with a policy endorsement naming the City as an additional insured. Public Records Act All responses submitted become the property of the City and after opening may be subject to public disclosure under the Public Records Act, RCW 42.56. Title VI Non-Discrimination Compliance The City of Woodinville, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.