9.C.
City Council Meeting - FINAL
- Meeting Date:
- 03/03/2026
- From:
- Jessica Cortes, Court Administrator
TITLE:
Consideration and Approval of Contract: Contract for Public Defender Services with Harris & Winger, P.C.
STAFF RECOMMENDED ACTION:
- Approve the contract for Public Defender Services with Harris & Winger, P.C. in the amount of $650,000.00 annually plus a 3% increase each year of the contract thereafter
- Authorize the City Manager to execute all necessary documents.
Executive Summary:
The Flagstaff Municipal Court is required to appoint counsel to an indigent defendant in any criminal proceeding that may result in jail time or to argue for release when a bond is imposed at the initial appearance. In the latter, the appointment will terminate upon the defendant's release from incarceration unless continued appointment is otherwise necessary. Discretionary appointment may be ordered for any other criminal proceeding for an indigent defendant if required by the interests of justice. The City of Flagstaff (City) is not in a position to provide these services and therefore must contract out for them. Harris & Winger, P.C. ("Harris & Winger") has been providing the City with Public Defender Services for the past 26 years.
Financial Impact:
Project Name: Contract for Public Defender Services
Cost: $650,000.00
Account Number Budgeted: 001-01-016-0060-1-4205
FY 26 Budgeted Amount: $454,882.00 with an additional $134,481.35 for the contract amendment that was approved by Council on June 3, 2025. The cost of this contract will remain unchanged until June 30, 2026. On July 1, 2026, the contract will increase to $650,000.00, with a 3% increase yearly beginning in March 2027.
Funding Source: General Fund
The FY2026-27 Budget will need to be increased by $201,608 to cover the additional cost of contract over the allocated budget.
Cost: $650,000.00
Account Number Budgeted: 001-01-016-0060-1-4205
FY 26 Budgeted Amount: $454,882.00 with an additional $134,481.35 for the contract amendment that was approved by Council on June 3, 2025. The cost of this contract will remain unchanged until June 30, 2026. On July 1, 2026, the contract will increase to $650,000.00, with a 3% increase yearly beginning in March 2027.
Funding Source: General Fund
The FY2026-27 Budget will need to be increased by $201,608 to cover the additional cost of contract over the allocated budget.
Policy Impact:
Legal representation is required per Arizona Rules of Criminal Procedure — Rule 6.2. Appointment of Counsel for Indigent Defendants.
Previous Council Decision or Community Discussion:
The Flagstaff City Council has approved the use of contracted Public Defender Service with this law firm for the past 26 years.
Options and Alternatives to Recommended Action:
1. Approve the contract for Public Defender Services with Harris & Winger.
2. Do not approve the contract for Public Defender Services with Harris & Winger, and direct staff to find alternatives.
2. Do not approve the contract for Public Defender Services with Harris & Winger, and direct staff to find alternatives.
Background and History:
On October 30, 2025, the Purchasing Department posted a Request for Proposals (RFP) for Public Defender Services on the PlanetBids website as well and advertised the solicitation in the Arizona Daily Sun newspaper on November 11, 2025. Proposals were due on November 21, 2025, and there was one (1) proposal received from Harris & Winger. A six-member Solicitation Evaluation Committee (SEC) consisting of City staff reviewed and evaluated the proposal. Based upon the numerical scoring of the proposal, the SEC determined that Harris & Winger was very qualified to perform the Public Defender Services. Harris & Winger demonstrated clear knowledge and experience of providing public defender services to meet the needs of the City.
The current contract for Public Defender Services is with Harris & Winger and expires in March 2026. Staff negotiated with Harris & Winger to keep their current rates for March through June 2026. On July 1, 2026, their proposed rates pursuant to this solicitation will take effect and run through March 2027. Then in March 2027 their rate will go up 3%, and will continue each year thereafter for the life of the contract.
The current contract for Public Defender Services is with Harris & Winger and expires in March 2026. Staff negotiated with Harris & Winger to keep their current rates for March through June 2026. On July 1, 2026, their proposed rates pursuant to this solicitation will take effect and run through March 2027. Then in March 2027 their rate will go up 3%, and will continue each year thereafter for the life of the contract.
Connection to PBB Priorities and Objectives:
High Performing Governance.
In compliance with the Arizona Rules of Criminal Procedure — Rule 6.2. Appointment of Counsel for Indigent Defendants.
In compliance with the Arizona Rules of Criminal Procedure — Rule 6.2. Appointment of Counsel for Indigent Defendants.
Connection to Regional Plan:
None.
Connection to Carbon Neutrality Plan:
None.
Connection to 10-Year Housing Plan:
None.
Connection to Division Specific Plan:
None.