RFQ: Douglas County Contract Attorneys for 2026 District Court Cases

DOUGLAS COUNTY
PROFESSIONAL SERVICES CONTRACT
FOR PROSECUTION SERVICES
This is a contract between Douglas County ("County") and _______________ of
_____________________, WA ("Attorney") whereby Attorney, in return for stated
consideration, agrees to provide prosecution services to County.
NOW THEREFORE,
The parties AGREE as follows:
1. Scope of Services. Attorney will provide misdemeanor and gross misdemeanor
prosecution services for County's criminal cases filed in Douglas County District Court.
Attorney will attend and represent County at pre-trial hearings, probation violations and review
hearings, and bench and jury trials, but will not attend first appearances or arraignments.
Attorney shall provide and be responsible for any and all office expenses related
to the representation of County, as defined above, including office supplies and equipment and
the compensation of any necessary staff. However, electronic access will be provided to Attorney
to online systems needed to perform the tasks outlined herein.
Attorney shall screen cases for legal sufficiency and will utilize independent
judgment following the Prosecutorial Standards set forth at RCW 13.40.077 and the Rules for
Professional Conduct Rule 3.8 in determining proper actions appropriate for any given case.
Initially, it is expected that Attorney will work closely with the Prosecuting attorney to ensure all
activities are satisfactorily covered.
Attorney will typically have decision-making authority, in consultation with the
County Prosecuting Attorney, on the disposition and sentencing of cases in which Attorney
represents the State on behalf of County. The exercise of prosecutorial discretion shall not be
considered a breach of Attorney's duties under this Contract.
Attorney will meet with County Attorney at reasonable intervals as requested to
review the status of case prosecutions, outstanding legal issues and to address such other matters
as may be necessary to the effective provision of prosecution services.
Attorney will represent County in RALJ appeals from County cases to Superior
Court and the appellate courts, which services shall be compensated under section 4(B) of this
Contract. Attorney shall not represent County on infraction cases or any civil matters.
All costs associated with the prosecution of criminal cases, such as witness fees
(expert or factual), records checks, and court and jail costs, shall be paid for or provided by
County.
Professional Services Contract
For Prosecution Services
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All costs or fees not contemplated by this Contract which may arise during the
term of the Contract shal1 be brought to County Prosecuting Attorney's attention by Attorney.
The parties shall review this Contract as a whole and make an attempt to determine whether the
uncontemplated cost should be paid by County or Attorney. If the parties cannot agree, then they
shall consider the ordinary course of business between an attorney and client, including whether
the cost is usually paid by the client or Attorney. If the parties still cannot reach an agreement,
they shall arbitrate the matter as provided below.
2. Professional Conflict. Attorney reserves the right to decline specific cases
where a professional conflict will exist if Attorney takes on the specific cases.
3. Term of Contract. This contract shall be effective on the date the last signature
is applied and is shall continue month to month unless terminated in writing by either party on
60 days' notice.
4. Compensation. No later than the fifth day following the close of a given month,
Attorney shall invoice the County for services under this agreement, and County shall pay
Attorney no later than 30 days later Eleven Thousand Dollars ($11,000.00) per month, as
compensation for Attorney's services defined by this Contract. The Attorney shall be responsible
for all federal, state and local taxes associated with the City's compensation to the Attorney and
any tax liability resulting from the Attorney's employment of staff to assist with the
representation of the City.
5. Arbitration and Applicable Law. If a dispute arises regarding either party's
obligations under this Contract, the parties shall be required to first arbitrate in an attempt to
resolve the disagreement. The arbitrator shall be agreed to by the parties and shall be an attorney-
at-law who is not practicing in Kittitas County. The cost of arbitration shall be split by the
parties. Neither party shall be liable for the other party's costs or attorney fees incurred in
preparation or attendance at the arbitration. The arbitration may occur during the pendency of a
lawsuit filed regarding the same dispute, but must occur at least thirty (30) days before a trial on
the disputed issue(s).
This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree that venue
shall be exclusively in Kittitas County, Washington. The prevailing party in any such action
shall be entitled to its attorneys' fees, expert witness fees, and costs of suit.
6, Additional Private Practice. Both parties acknowledge that County is a client of
Attorney with regard to the rendering of criminal prosecution services only and that Attorney
and his firm have the right to continue representing other clients in the course of their civil
practice. The parties specifically agree that Attorney and his firm may from time to time
represent other clients relative to civil issues adverse to County, such as land use, water rights or
other civil matters. County specifically waives any and all conflicts of interest in such cases.
Professional Services Contract
For Prosecution Services
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7. Professional Requirements. Attorney shall be licensed to practice law in the
State of Washington and shall remain in good standing with the Washington State Bar
Association throughout the length of this contract.
8. Ownership of Work Product. All information, work product, records, files, and
court documents produced under this contract shall belong to County.
9. Liability Insurance. Attorney shall, at its own expense, maintain professional
liability insurance in the amount of $1,000,000.00 per occurrence.
10. Independent Contractor. Attorney shall at all times perform his duties and
responsibilities as an independent contractor and shall not be entitled to any benefits except as
provided herein. Under no circumstances will County be an employer of Attorney with respect to
services Attorney provides County under this agreement. Attorney is responsible for all taxes,
benefits, and any other legal obligations normally associated with work being contracted by
Attorney.
11. Indemnification. Attorney shall indemnify, defend, and hold harmless County,
its agents, and employees from and against any and all liability arising from injury or damage
arising out of this agreement resulting in whole or in part from negligent acts or omissions of
Attorney, its agents, servants, officers, or employees, irrespective of whether in connection with
such act or omission it is alleged or claimed that an act of County, its agents, or employees
caused or contributed thereto. In the event that County shall elect to defend itself against any
claim or suit arising from such injury or damage, Attorney shall, in addition to indemnifying and
holding County harmless from any liability, indemnify County for any and all expenses incurred
by County in defending such claim or suit, including reasonable attorneys' fees.
12. Entire Agreement. This agreement reflects the entire agreement between the
parties. Any modifications of this agreement must be made in writing and signed by both
parties.
Signed this ______ of ______, 2026 Signed this ______ of ______, 2026
By: By:
___________________________ ___________________________
Sean P. Lewis
Attorney at Law Douglas County
Prosecuting Attorney
Professional Services Contract
For Prosecution Services
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