8.D.
City Council Meeting - FINAL (AMENDED)
- Meeting Date:
- 06/03/2025
- Co-Submitter:
- Jessica Cortes
- From:
- Patrick Brown, Purchasing Director
TITLE:
Consideration and Approval of Contract: Approve the First Amendment to the contract for Public Defender Services provided by Harris & Winger, P.C.
STAFF RECOMMENDED ACTION:
- Approve the First Amendment for Public Defender Services with Harris & Winger, P.C. in the amount of $161,377.62.
- 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 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 Public Defender Services under the current contract for the past four years. In recent years, there has been an increase in cases where jail time is being sought for indigent defendants. As a result of the increased caseload, Harris & Winger is requesting additional funds to pay for an additional staff member and to provide equitable salary increases for the current staff. This amendment is for this final year of contractual services only. The Public Defender Services Contract expires after this year and is due to be re-solicited.
Financial Impact:
Project Name: Public Defender Services
Additional Cost: $161,377.62.
Account Number Budgeted: 001-01-016-0060-1-4205 - Legal Fees
FY25 Budgeted Amount: $445,963.00
Note: Staff expects to see future fiscal year impacts as a result of the need for these contracted services. An RFP will be issued in the fall/winter which will determine potential ongoing impacts to the General Fund.
Additional Cost: $161,377.62.
Account Number Budgeted: 001-01-016-0060-1-4205 - Legal Fees
FY25 Budgeted Amount: $445,963.00
Additional needs in FY 25: $26,896.27, funded with salary savings
FY26 Budgeted Amount $454,882.00
Additional need in FY 26: $134,481.35, Budget Team will work to identify the additional resources in FY 2025-26 to fund this contract amendment. A budget amendment may be required and will be determined at June 30, 2026.
Funding Source: General FundNote: Staff expects to see future fiscal year impacts as a result of the need for these contracted services. An RFP will be issued in the fall/winter which will determine potential ongoing impacts to the General Fund.
Policy Impact:
Legal representation is required per Arizona Revised Statutes 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 for the past 25 years.
Options and Alternatives to Recommended Action:
- Approve the First Amendment for Public Defender Services with Harris & Winger.
- Do not approve the First Amendment for Public Defender Services with Harris & Winger, and direct staff to find alternatives.
Background and History:
On June 15, 2020, Purchasing posted a Request for Proposals for Public Defender Services on the PlanetBids website and advertised the RFP in the Arizona Daily Sun on June 17 and 24 of 2020. There was one (1) proposal received from Harris & Winger and was opened electronically on July 17, 2020. A five-member Selection Committee consisting of City staff reviewed and evaluated the proposal. Based upon the numerical scoring of the proposal, the Selection Committee determined that Harris & Winger was very qualified to perform the Public Defender Services. Harris & Winger scored very high (2280 out of 2500 points), and demonstrated clear knowledge and experience providing public defender services, as well as the needs of the City. On March 9, 2021, the subsequent Professional Service contract was executed between the City of Flagstaff and Harris & Winger.
Recent changes, outside of Harris & Winger's control, have led to a significant increase in those cases requiring Public Defender Services. As a result of these changes, Harris & Winger will need to bring on additional staff and provide salary increases to maintain current staffing levels. On April 14, 2025, Harris & Winger submitted a supplemental bid requesting additional funding. Their original request was $337,164.17, but after meeting with staff that amount was reduced to $161,377.62. This increased amount is for one full-time assistant at $50,000 and compensation increases for current staff members, totaling $111,377.62.
Recent changes, outside of Harris & Winger's control, have led to a significant increase in those cases requiring Public Defender Services. As a result of these changes, Harris & Winger will need to bring on additional staff and provide salary increases to maintain current staffing levels. On April 14, 2025, Harris & Winger submitted a supplemental bid requesting additional funding. Their original request was $337,164.17, but after meeting with staff that amount was reduced to $161,377.62. This increased amount is for one full-time assistant at $50,000 and compensation increases for current staff members, totaling $111,377.62.
Connection to PBB Priorities and Objectives:
High Performing Governance - Serve the public by providing adequate funding for the Public Defender Services contract for legal representation of counsel for indigent individuals charged with a crime in the Flagstaff Municipal Court, in compliance with 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