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HomeMy WebLinkAbout2018-10-11 - Request for Qualifications - Prosecution ServicesCITY OF TUKWILA REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR PROSECUTION SERVICES Due Thursday, October 11, 2018 by 5:00 p.m. (Pacific Time) The City of Tukwila is requesting proposals from well qualified law firms and/or attorneys interested in providing prosecution services for contested traffic infractions, criminal misdemeanors and gross misdemeanors in Tukwila Municipal Court. The City will pay a flat monthly fee for all prosecution services. The successful attorney/law firm ("Proposer") will contract with the City for provision of prosecution services as an independent contractor and shall not be entitled to City benefits. The Prosecutor will be responsible for performance of all of the obligations under the contract in conformance with the Rules of Professional Conduct and state and federal law. The contracted services are intended to begin January 2019. The City anticipates entering into a two-year contract for prosecution services upon completion of the request for proposal process. Please review the full RFQ following this notice All materials should be submitted in one paper packet by 5:00 p.m. (Pacific Time) on Thursday, October 11, 2018. No submittal will be accepted after this date and time. The City will not be liable for delays in delivery of proposals due to handling by the US Postal Service or any other type of delivery service. Faxed or emailed submittals will not be accepted. Please reference the RFP title on all communications and mailing labels. "Prosecution Services." Cheryl Thompson City of Tukwila Mayor's Office 6200 Southcenter Blvd. Tukwila, WA 98188 Questions regarding the proposal will be accepted by email ONLY to Cheryl Thompson, Mayor's Office Executive Assistant at Cheryl.ThompsonTukwilaWa.gov Posted on Washington Association of Prosecuting Attorneys on September 28, 2018 Posted on the King County Bar Association Website on September 28, 2018 CITY OF TUKWILA REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR PROSECUTION SERVICES ue Thursday, ctober 11, 2018 by 5:00 p.m. (Pacific Time) The City of Tukwila is requesting proposals from well qualified law firms and/or attorneys interested in providing prosecution services for contested traffic infractions, criminal misdemeanors and gross misdemeanors in Tukwila Municipal Court. The City will pay a flat monthly fee for all prosecution services. The successful attorney/law firm ("Proposer") will contract with the City for provision of prosecution services as an independent contractor and shall not be entitled to City benefits. The Prosecutor will be responsible for performance of all of the obligations under the contract in conformance with the Rules of Professional Conduct and state and federal law. The contracted services are intended to begin January 2019. The City anticipates entering into a two-year contract for prosecution services upon completion of the request for proposal process. SCOPE OF SERVICES The Prosecutor is responsible for all aspects of prosecution in the Tukwila Municipal Court, including but not limited to: • Review of cases for decision as to filing of criminal charges or referral for pre- trial diversion; • Processing and providing discovery; • Managing cases; • Representing the City at arraignments, pretrial hearings, readiness hearings, motions, bench and/or jury trials, sentencing and review hearings and certain contested infraction hearings; • Representing the City in appeals under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ) or at the Court of Appeals or Supreme Court; • Preparing legal memoranda, subpoenas, jury instructions and other related materials; • Making appropriate sentencing recommendations to the Court; • Advising the Tukwila Police Department on the conduct of investigations, trial preparations and related matters; • Providing legal research, regular training and assistance to the Tukwila Police Department in criminal matters including statutory interpretation, enforcement issues and case decisions; • Interviewing and preparing witnesses and victims; • Advising victims regarding their rights and responsibilities; • Appropriately creating, maintaining, and retaining all criminal and civil infraction files; and • Performing other related duties as required. WORKLOAD AND COURT CALENDAR The Tukwila Municipal Court currently holds the following calendars at which the attendance of the City Prosecutor is required: Mondays, Wednesdays and Thursdays 9:30 AM — 4:00 PM. All proposals must designate the attorney who will be responsible for contract performance. Proposals must identify one attorney as the City Prosecutor. This attorney must appear at the Tukwila Municipal Court on a regular and ongoing basis. The Prosecutor must provide continuity of representation while at the same time ensuring effective back-up coverage. Any attorney who may be called on as a back-up must have current awareness of Tukwila prosecution so that he/she is fully prepared to provide prosecution services in the event of an unanticipated absence. The Prosecutor must ensure the availability of attorneys and support staff is consistent with efficient and skilled delivery of prosecution services, including coverage for regular vacations. The Prosecutor needs to be able to involve a sufficient number of attorneys in the delivery of prosecution services as required for efficient case management. The Prosecutor must be responsive to the Police Department, the City Attorney, defense attorneys and witnesses. The City expects phone calls to the Prosecutor be returned in a timely manner (by the end of the following business day). Prosecutor must enter into all user agreements that may be necessary in order to provide prosecution services to the City, including but not limited to the Washington State Patrol (WSP) SECTOR program, JIS, JABS, Spillman, and Evidence.com. The Prosecutor will utilize electronic records management and case filing services as requested and provided by the City. QUALIFICATIONS The Prosecutor must be an attorney admitted to the practice of law in the State of Washington with a minimum of five (5) years of experience which must include significant trial experience. Prior experience as a prosecuting attorney is required. COMPENSATION The City and Prosecutor will enter into a professional services agreement which will address compensation. The Prosecutor must be reasonably available for night and weekend contact by police personnel. Proposals shall clearly set forth a flat monthly fee structure. SELECTION PROCESS All proposals will be reviewed and screened based upon the qualifications and requirements outlined in this request. Those individuals deemed most qualified will be screened further based upon reference checks. Finalists will be invited for interviews. The Mayor will forward a recommendation and professional services agreement to the City Council for approval. The City reserves the right to request clarification of information submitted and to request additional information from any proposer. The City also reserves the right to reject any and all proposals, for any reason or for no reason. REQUIREMENTS The selected attorney/law firm will be required to submit proof of professional liability insurance with limits not less than $3,000,000 to the City. INSTRUCTIONS TO REPLY TO THIS REQUEST FOR QUALIFICATIONS To reply to this RFQ please submit the following: 1. Cover letter and statement of qualifications, which must include Washington State Bar Numbers for all attorneys in the law firm; 2. For individual proposers: resume. For law firms: resume for each attorney that will be involved in providing prosecution services. Resumes shall include Law School attended, year of admission to the Washington State Bar Association, years of practice and area(s) of practice for those years. 3. A statement from each attorney outlining relevant areas of knowledge and experience in Washington government law, including but not limited to law related to municipal court prosecutions; experience with motions practice relevant to prosecution services; and jury and bench trial experience. 4. Responses to the following: a. Describe the steps you would take as a Prosecutor to ensure that violators are prosecuted to the fullest extent of the law. b. Discuss your philosophy regarding plea bargaining and how you would apply it in this position. c. A statement of your understanding of the role of the Prosecutor and the Prosecutor's relationship to the court, police department, victims, witnesses and community. d. Discuss your philosophy in prosecuting cases where the defendant is pro se; e. Describe how you would handle subpoenas, discovery and related public disclosure requests. f. Describe the level of availability you would have to Police and City staff during both work and off hours. g. Describe the steps you would take to ensure timely resolution of cases, staff requests and related matters. h. List any other types of clients currently represented by the proposer; i. List any affiliations or clients that could cause a conflict of interest regarding City matters; j. List any pending litigation, judgments rendered or pending complaints with the Washington State Bar Association that relate to the professional activities of any attorney proposed to provide prosecution services to the City 5. Three professional references with addresses phone numbers and contact name if for an organization. All materials should be submitted in one paper packet by 5:00 p.m. (Pacific Time) on Thursday, October 11, 2018. No submittal will be accepted after this date and time. The City will not be liable for delays in delivery of proposals due to handling by the US Postal Service or any other type of delivery service. Faxed or emailed submittals will not be accepted. Please reference the RFP title on all communications and mailing labels. "Prosecution Services." Cheryl Thompson City of Tukwila Mayor's Office 6200 Southcenter Blvd. Tukwila, WA 98188 Questions regarding the proposal will be accepted by email ONLY to Cheryl Thompson, Mayor's Office Executive Assistant at Cheryl.ThompsonTukwilaWa.gov LL y PPLICATI • AT " I L UT : E U: ITTE : Y 5:00 P (Pacific Time. • CT • : E . 2018