CITY OF BURLINGTON
REQUEST FOR QUALIFICATIONS
FOR CITY PROSECUTION SERVICES
SUMMARY OF REQUEST
The City of Burlington ("City") is requesting qualifications from attorneys and/or law firms interested in contracting for prosecution services in Burlington Municipal Court. Services would include attendance at hearings to represent the City and preparation for such hearings. Hearings are normally conducted on Tuesdays on the 1:30 p.m. jail calendar and the first three (3) Wednesdays of each month on a combined readiness/probation/infractions/community court calendar that is usually in session between 8:30 a.m. - noon, and 1:30 p.m. until finished. One Monday a month for motions and trial confirmation calendars. Additionally, the City services shall include prosecution of both jury and bench trials. Trials are reserved three (3) days a month Wednesday - Friday. It is generally estimated that the services provided shall require 30-40 hours per week.
The term of the contract(s) will be one year, beginning January 3, 2022 and ending December 30, 2022. The successful applicant may also appear as assigned for other hearings as scheduled by the Municipal Court. At present, the Court has scheduled the City's potential trial days on the fourth Wednesday-Friday of the month.
The City's calendar and trial days are subject to change and the City does not warrant that the current schedule will continue throughout the terms of the contract.
City Prosecutor services fall into three categories: a) criminal prosecution in municipal court; b) traffic infractions; and c) Animal Control issues. The successful applicant shall be responsible for assisting the City Prosecutor for all aspects of prosecution, including: making filing decisions on criminal cases (with input from the City’s police department as necessary), trial preparation, seizures, and related matters; interviewing witnesses and victims of crimes; advising victims regarding their rights and responsibilities; prosecuting criminal misdemeanor and gross misdemeanor cases; representing the City at arraignments, pretrial hearings, bench and jury trials, certain contested infraction matters, and review hearings and appeals; making appropriate sentencing recommendations and decisions to the Court; preparing and presenting legal memoranda and other documents for court cases; preparing subpoenas, jury instructions, and other related materials; providing legal research, training, and assistance to the police department in all criminal matters, including statutory interpretation, enforcement issues, and case decisions; and performing other related duties as required. The City Attorney’s Office provides staff support for this position with file creation, preparation of calendars, completion of discovery requests, and other related duties as necessary.
The services shall be provided by an attorney(s) licensed in the State of Washington. Three (3) or more years of experience is preferred, including trial experience. Experience in the prosecution of criminal and infraction matters is highly desirable, including matters involving violations of municipal or county ordinances. Preference will be given to proponents who provide one attorney to cover all City requirements.
All applications must include the following information:
- The names, bar numbers, and qualifications of the attorney(s) who will be providing prosecution services and their areas of responsibility.
- A description of steps that will be taken as city prosecutor to ensure that violators are prosecuted to the full extent of this community’s standards. Include your philosophy regarding plea bargaining and how you would apply it in this position. Describe how subpoenas, discovery, and related public disclosure requests would be handled. Describe the level of availability you would have to police department staff and City staff during both working and off hours. Describe the steps you would take to ensure timely resolution of cases, staff requests, and related matters.
- Specific experience of the attorney(s) in courts of limited jurisdiction, with emphasis on criminal cases.
- Any criminal or professional disciplinary findings that have been entered against any of the attorneys who will be providing prosecutor services, regardless of originating jurisdiction.
- A monthly base bid, with a proposed budget based on the above outline of tasks, products and schedules. A flat fee proposal is preferred.
- If the Prosecuting Attorney has a conflict with prosecuting an individual, then the name and cost of a “conflict” attorney.
- Three (3) references, including names and phone numbers.
Applications must be clearly marked “RFQ- City Prosecutor” and submitted to:
City of Burlington
833 S Spruce St
Burlington, WA 98233
COMPENSATION/HOURS OF WORK
The City and Prosecutor will enter into a Professional Services Agreement which will address compensation. Proposals shall clearly set forth fees or fee structure to be charged for prosecution services. A flat fee proposal is preferred.
TIME SCHEDULE. The City intends to use the following timetable, which should result in a selection by December 3, 2021. Proposals will be accepted until noon on October 29, 2021.
Issue RFQ September 28, 2021
Publish in newspaper September 29, 2021
Deadline for Submittal of Proposals noon, October 29, 2021
Interview of Applicant: Approximately mid-November, 2021
Selection of Applicant: On or before December 3, 2021
Contract Award December 9, 2021 (To be approved by the City Council)
SCOPE OF SERVICES - GENERAL DESCRIPTION
The RFQ is available on the City’s website (www.burlingtonwa.gov) or may be obtained from Shelley Acero, Paralegal, City of Burlington, 833 S Spruce Street, Burlington, WA 98233, (360) 755-9473, email:
To ensure consideration of your RFQ, response to the RFQ must be received by noon on October 29, 2021. No faxed or telephone applications will be accepted.