Request for Proposals No. 2024-B: Indigent Defense Services deadline extended to December 13, 2024
| Location: | Kansas |
|---|---|
| Posted: | Nov 14, 2024 |
| Due: | Dec 13, 2024 |
| Agency: | Riley County |
| Type of Government: | State & Local |
| Category: |
|
| Solicitation No: | 2024-B |
| Publication URL: | To access bid details, please log in. |
| Bid Number: |
2024-B
|
| Bid Title: |
Request for Proposals No. 2024-B: Indigent Defense Services deadline extended to December 13, 2024
|
| Category: | Professional Services |
| Status: | Open |
|
Attachment Preview
AGREEMENT
This is an Agreement between Riley County, acting through the Board of Commissioners of Riley County, Kansas,
(hereinafter "Riley County") and, an attorney (hereinafter "Attorney") licensed to practice law in the State of Kansas and
currently practicing in Riley County which is entered into on the
day of _______________ 2024.
RECITALS
Riley County desires to contract with Attorney to provide legal services in Riley County for certain cases in which
attorneys must be appointed to represent individuals in actions filed in the District Court of Riley County, Kansas. Attorney
desires to provide such service pursuant to the terms and conditions set forth in this agreement. The Riley County District
Court Administrator (hereinafter "Court Administrator'') is hereby designated the daily Administrator of this Agreement. In
consideration of the promises and conditions set forth the parties agree as follows:
1.
SCOPE OF AGREEMENT. Request for Proposals No. 2024-B, attached hereto as "Exhibit A" is incorporated herein
by reference, .and all its terms form a part of this Agreement as though fully set out within this Agreement. Attorney
shall not provide representation under this Agreement for Off Grid or Level I juvenile felony offenses. Attorney shall
provide legal services in Riley County in cases filed in Riley County in the following categories:
A. Representation of individuals charged with misdemeanors and traffic offenses in which the District
Court is required to appoint an Attorney.
B. Representation of individuals involved in District Court actions filed pursuant to the Code for the
Care of Children in which the District Court is required to appoint an Attorney or Guardian ad
Litem.
C. Representation of individuals involved in District Court actions filed pursuant to the Kansas
Juvenile Offenders Code in which the District Court is required to appoint an Attorney.
D. Representation of individuals involved in District Court actions filed pursuant to the Code of Care
and Treatment of Mentally Ill persons in which the District Court is required to appoint an
Attorney.
E. Representation of individuals involved in District Court actions filed pursuant to the Code for
Alcoholism and Intoxication Treatment in which the District Court is required to appoint an
Attorney.
F. Representation of individuals in child support enforcement contempt cases wherein incarceration
is possible and the Court is required to appoint counsel.
G. Attorney shall be competent to act as counsel in all of the above-described categories.
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2.
DETERMINATION OF ELIGIBILITY. Determination of whether clients shall be eligible for the services
provided under the terms of this agreement will be made by the District Judges of the 21st Judicial District of Kansas.
3.
TERM. In order to promote budgeting certainty for Riley County, this Agreement is for the term described in this
paragraph, at the compensation level set out herein, unless the Agreement is otherwise terminated by either party as
provided herein. This Agreement shall commence only when six individual attorneys acceptable to Riley County have
signed fully executed contracts with Riley County before 12:00 p.m. on Friday, December 13, 2024. This Agreement
shall terminate on December 31, 2027, unless the Agreement is otherwise terminated either for convenience, breach
or default, as set out herein. Thirty (30) days written notice to the breaching party is required.
3.1 Termination for Cause. If Attorney shall fail to fulfill in a timely and proper manner their obligations
under the Agreement, or if Attorney shall violate any of the terms, covenants, conditions, or
stipulations of the Agreement, Riley County shall thereupon have the right to terminate the
Agreement by promptly giving written notice to Attorney of such termination and specifying the
reasons for the termination and the effective date thereof. A breach shall include, but not be limited
to, failure to comply with any or all items contained in the Agreement and any appendices, exhibits
or amendments thereto, if any. Notwithstanding the above, Attorney shall not be relieved of liability
to Riley County by virtue of any breach of the Agreement by Attorney.
3.2 Termination for Convenience. Riley County may terminate the Agreement in whole or in part, upon
thirty (30) days written notice to Attorney, stating the effective date of the termination for
convenience.
3.3
Payment Calculation Upon Termination. In the event of termination under the Agreement by either
party, any amount owed Attorney will be calculated based solely upon payment for fair value of
acceptable services provided by Attorney pursuant to all Agreement terms, to the point of
termination, which fair value is not the subject of a good faith dispute. The fair value of such
acceptable services shall be determined in the sole discretion of Riley County.
4.
COMPENSATION OF ATTORNEYS. For the services to be performed under the terms of this Agreement, Riley
County will pay to Attorney the total sum of $6,833.34 per month, which represents $82,000 annually. Attorney will
also be reimbursed internet searches in "child in need of care" cases to locate parties; out-ofcounty mileage and out-
of-county meals limited to the maximum mileage and meal expenses described in the Riley County Personnel Policies
and Guidelines; along with the cost of internet searches in “child in need of care” cases to locate parties; and discovery
expenses related to copying discs supplied by the Riley County Attorney's Office; to the extent all such expenses are
related to and are documented by Attorney to be directly related to services provided hereunder. (See paragraphs 18,
19, herein.)
4.1 All monthly requests for payment, including expenses, shall be submitted by vouchers by the 4th of
each month in a format to be approved by and acceptable to the Court Administrator of the 21st
Judicial District who shall, in turn, submit the vouchers to the Clerk of Riley County. The vouchers
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must be submitted in accordance with a time schedule prepared by the Riley County Clerk if they are
to be paid in the next Riley County pay period.
4.2 Continuing Legal Education Reimbursement. In addition to the compensation set forth above,
Attorney will be reimbursed for up to $150.00 actual expenses for registration, mileage and meals
for obtaining the continuing legal education hours required by Kansas Administrative Order No. 100,
which Order requires six (6) hours of CLE specifically for "Child in Need of Care" representation
and/or service as a Guardian ad Litem Such mileage and meal reimbursement shall be limited to such
CLE when it can only be obtained outside Riley County. Attorney shall make reasonable efforts to
obtain such CLE within Riley County and thereby avoid the need for meal and mileage
reimbursement.
4.3 Expert Witnesses and Forensic Experts. Expert witnesses and forensic experts may be employed with
the approval of the District Court. The approval shall include the individual to be employed, the
purpose for which employed and the maximum to be compensated for the service.
4.4 Appeals. The aggregate sum of $10,000.00 will be budgeted by Riley County for additional expenses
incurred by all six Attorneys as a result of appeals to the Kansas appellate court system. Within the
limits of that sum, Attorney will be paid at the rate of $100.00 per hour for all work and appearances
in conjunction with an appeal. The maximum aggregate amount that will be paid by the County per
case for legal services shall be $3,500.00. That maximum aggregate amount per case may only be
exceeded if additional costs are approved by the district court prior to submission to the county.
Necessary expenses such as mileage and copying shall also be paid in addition to monthly
compensation. Vouchers for payment of appellate work and expenses in connection therewith shall
be submitted to and approved by the District Court Administrator for the 21st Judicial District and
submitted in turn to the Clerk of Riley County.
4.5 Child Support Calculation Software. Attorney will be reimbursed up to $210 annually or ½ of the total
cost (whichever amount is greater), but not exceeding a total cost of $500, for purchase of software
necessary for calculation of child support amounts in Child in Need of Care cases assigned pursuant
to this Agreement. Ade9uate supporting documentation must be submitted prior to reimbursement.
Upon termination of Attorney's services under this Agreement, the software purchased will be
provided to any remaining Attorney or the Court Administrator for distribution to the replacement
panel member. When the software is provided to the remaining Attorney or the Court Administrator,
exiting Attorney will be paid for any unreimbursed portion of the software cost previously paid by the
exiting Attorney in that calendar year, up to a maximum of $210.00 or ½ of the total cost Attorney
paid (whichever amount is greater) but not exceeding a total cost of $500.
5.
NATURE OF RELATIONSHIP. Nothing in this Agreement shall be construed to suggest that Attorney, by entering
into the Agreement, has entered into a partnership, joint venture or other relationship with any other Attorney who has
contracted with Riley County to perform like services. It is agreed that the legal relationship between Attorney and
Riley County is of a contractual nature. Both parries assert and believe that Attorney is acting as an independent
contractor in providing the services and performing the duties required by Riley County hereunder. Attorney is at all
times acting as an independent contractor and not as an officer, agent, or employee of Riley County. As an independent
contractor, Attorney, and employees of Attorney, will not be within the protection or coverage of Riley County's
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worker's compensation insurance, or any other insurance, including but not limited to any liability insurance coverage
provided Riley County, nor shall Attorney, and employees of Attorney, be entitled to any current or future benefits
provided to employees of Riley County. Further, Riley County shall not be responsible for withholding of social
security, federal, and/or state income tax, or unemployment compensation from payments made by Riley County to
Attorney. Attorney shall supply all labor, equipment, supplies and materials necessary to complete the required
services, at Attorney's sole expense, except as explicitly described otherwise herein.
6.
TIME RECORDS. Attorney shall maintain their written records of time spent in court and for out of court activities
in preparation for and in conducting trial work for any assigned cases. These records shall be submitted in a format
approved by and acceptable to the Court Administrator and shall be submitted to the Court Administrator once every
month at the same time that Attorney's vouchers for payment are submitted. Court Administrator shall submit monthly
a copy of such time records to the Clerk of Riley County.
7.
STANDARDS. Attorney must be licensed to practice law in the State of Kansas and must be willing to practice in
Riley County. Attorney shall provide services to all clients in a professional, skilled manner consistent with the
minimum standards set forth by the Bar of the State of Kansas, the Rules of Professional Conduct, and case law and
applicable court rules defining the duties of counsel and the rights of clients in assigned cases. Attorney shall consult
with clients prior to trial or disposition of any matter and shall be sufficiently available to clients to provide for
effective representation. Services provided shall include assumption of responsibility for any cases pending on the
effective date of the agreement and which are assigned to Attorney by order of the court. At the conclusion of the
agreement, unless the agreement is renewed, Attorney will withdraw from any and all pending cases by written motion
and order unless retained by the party represented or the court orders that representation by the individual Attorney
continue. In the event the Court orders representation continue after an attorney has withdrawn, the attorney shall be
paid at the rate of $80 per hour for all services related to the case and expenses. Unless this Agreement has been
terminated, Attorney, once appointed, shall remain attorney of record until their withdrawal has been approved
pursuant to an order issued by the District Court Division where such case is assigned.
8. RETENTION OF FILES. Attorney shall provide for retention of client files in a manner that affords protection of
the clients' confidentiality interest for a period of not less than five years after the conclusion of the case.
9. REPLACEMENT OF ATTORNEY/TERMINATION/RESIGNATION. In the event Attorney is unable or
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unwilling to complete Attorney's obligations under this agreement, Attorney may be replaced immediately by Riley
County by an Attorney acceptable to Riley County. No competitive proposal for any such replacement Attorney is
necessary. Any Attorney so replaced, or any Attorney who resigns from their responsibilities hereunder is not entitled
to the payments described hereunder following the date of termination, unless such payments relate to work performed
in conformity to all terms of the Agreement prior to termination, or prior to the effective date of Attorney's resignation.
Resigning Attorney shall submit to the Court Administrator a written resignation with an effective date no less than
thirty (30) calendar days from such notice. Termination shall be effective on the date identified by Riley County in any
notice of termination, whether such notice is verbal or written. Attorneys remaining on contract at the time such
replacement is being considered may submit their individual or group recommendations for a replacement to Riley
County in writing to the Riley County Counselor. Riley County may consult with the Court Administrator or the
remaining attorneys regarding selection of a replacement attorney. It is solely the option of Riley County to select
replacement attorneys, and the recommendations described are not binding on Riley County.
10. ASSIGNMENT OF ATTORNEY. Cases shall be assigned to Attorney on a rotational basis by the Clerk of the District
Court, or by court order. The Clerk of the District Court, to equalize the caseloads, or in the event of conflict, may
deviate from the rotational basis for assignment, in the Clerk's sole discretion. Additionally, Attorney may, at any time,
on an emergency basis, be assigned cases under this Agreement in a manner which deviates from the rotational basis
for assignment. The assigned Attorney shall have the total responsibility for the case and shall appear on behalf of the
client in all court matters, with the following limited exception: In the event of a scheduling conflict for Attorney, if
minor court matters are involved, such as status checks or trial settings, Attorney may, with prior approval of the
assigned District Court Judge, not appear personally. Otherwise, if Attorney will not personally appear, Attorney is
solely responsible to make arrangements for the appearance of a qualified substitute Attorney within the group of six
attorneys contracting to provide like services hereunder. IT IS NOT THE RESPONSIBILITY OF THE COURT
ADMINISTRATOR OR DISTRICT COURT CLERK OR COUNTY COUNSELOR TO PROVIDE THAT
SUBSTITUTE ATTORNEY. If Attorney is unable to provide a substitute attorney within the group of six assigned
to provide like services hereunder, Attorney is solely responsible to make arrangements for the appearance of a qualified
substitute attorney not within the group of six contracting attorneys. Attorney shall notify the District Court
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