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Page 9 PUBLIC DEFENDER 2020 REQUEST FOR PROPOSAL The Alpine County Board of Supervisors invites proposals from attorneys to provide public defender services to indigent defendants in all felony and misdemeanor cases, LPS and probate conservatorships, violation of misdemeanor or felony probation, extradition, contempt of court, and juvenile cases filed under Welfare and Institutions Code Sections 601 or 602. The County is seeking to contract with a firm, association, or consortium of attorneys who will provide primary, and at least two levels of conflict counsel, in felony and misdemeanor cases. The County asks that proposals include methods to reduce costs to the County necessitated by the retention of attorneys outside of the contract due to conflicts. All inquiries concerning this request for proposal (RFP) are to be directed in writing to Sarah Simis, Deputy CAO to Personnel and Risk Management, P.O. Box 387, Markleeville, CA 96120, (530) 694-2287. No responses to oral inquiries will be given. Prospective contractors are specifically directed not to discuss any matters relating to the RFP, other than scheduling matters, with any Court or County personnel. Any interpretation or change in the RFP will be made only in writing in the form of an addendum to the RFP, and will be furnished to all parties receiving an RFP. Upon request, a copy of the most recent contract will be provided. The schedule of the RFP submission, review, and contract award is as follows: Proposals due (See Submission requirements) November 2, 2020 Contract negotiations/Interviews Week of November 9, 2020 Recommendation to Board of Supervisors for award on November 17, 2020 contract Commencement of services under contract Only proposals for both primary and conflict coverage, as specified above, will be accepted. The structure of any association of attorneys to which the contract may be awarded must preclude any inherent secondary conflicts of interest. For your reference, the approximate average number of cases is 64 criminal assignments (Felony and Misdemeanors) and 4 Juvenile Delinquency cases. ---PAGE BREAK--- Page 9 The total amount paid under the public defender contract is $ 50,000 per year. (This figure does not include additional compensation on complex litigation cases such as homicide, nor does it include other litigation expenses such as expert witness services, language translators, laboratory analysis, and other forensic services.) All proposals will be evaluated by a review committee consisting of the Judges of the Superior Court, County Counsel, and the County Administrative Officer. Proposals will be treated confidentially to the extent permitted by law. The review committee members are subject to change. The selection of a contractor or contractors will be based upon relative overall capability to provide a competent level of service at a cost considered reasonable, without requirement for acceptance of the lowest bid. The following factors will be evaluated: I. Qualifications, experience, and skills of the attorney, and competency of support staff. Substantial criminal law experience is required (minimum five years), with three years representing primarily clients charged with felonies. 2. Proposed method of providing indigent defense services and the proposer's understanding of legal and technical issues related to effectively providing indigent defense services. 3. Capability to provide responsive and quality legal defense representation, without creating conflicts of interest. 4. General management capability and supervision of staff as evidenced in the written proposal. 5. Cost and any cost containment strategies proposed. 6. Quality of RFP response and overall approach. The County reserves the right to reject any and all proposals, or to cancel the RFP. Proposers must certify the truth and accuracy of the content of their respective proposals and fully comply with all requirements. False, incomplete, or unresponsive statements may be cause for its rejection. The cost of developing a proposal is the sole responsibility of the proposer and is not chargeable to the Court or the County. All materials submitted in response to this RFP become the property of the County and will become public record after an award has been made or the RFP process has been terminated, except those materials which are labeled proprietary. MAJOR CONTRACT PROVISIONS Term The term of the resultant agreements from this RFP shall be for three years, with an ---PAGE BREAK--- Page 9 optional three-year extension only by mutual agreement of both parties. Scope of Work Represent the following, when appointed by the Court: I. All persons whom the Court has deemed indigent and who are charged with the commission of a misdemeanor or felony triable in any court in the County; 2. All minors charged with a violation of Welfare and Institutions Code Section 601 or Section 602; 3. All persons the Court has deemed indigent, and for whom a petition for the appointment of a Lanterman Petris Short ("LPS") conservatorship has been filed; 4. All persons the Court has deemed indigent seeking writs or appeals to the Superior Court in the type of cases described within this RFP; 5. All persons the Court has deemed indigent and who are charged with a violation of misdemeanor probation. 6. All persons the Court has deemed indigent and who are charged with a violation of felony probation. 7. All persons the Court has deemed indigent in probate conservatorships and in which the Court appoints counsel. 8. All persons the Court has deemed indigent and subject to extradition. 9. All persons the Court has deemed indigent and subject to contempt. Performance Requirements The contractor shall provide competent legal representation of indigent defendants and other parties for whom the contractor is appointed by the Court, consistent with constitutional professional standards. Specifically, the following duties and responsibility of counsel as appointed by the Court shall be observed: A. Conduct thorough and timely legal investigation, preparation and consultation. B. Initiate timely action to protect clients' legal rights. C. Be present at all required court appearances. D. Prepare for jury selection, examination of witnesses, submission of instructions, and presentation of argument at trial. E. Know and explore sentencing alternatives. ---PAGE BREAK--- Page 9 F. Advise the client concerning appeals. G. Manage total caseload such that all duties and responsibilities set forth above can be accomplished. H. Comply with the Rules of Professional Conduct and all applicable ethical rules. Contract Management Contractor will be required to maintain office hours in Markleeville, CA and be available to meet with clients. Contractor shall prepare and maintain time records sufficient to enable the County to determine the cost of representing each person represented by it. Contractor shall provide the Court with the total time on each case after final disposition or upon request of the Court or the County, if disposition is not completed in a timely manner or due to defendant's failure to appear. Contractor shall provide the County quarterly report of services rendered during the previous calendar quarter, which shall include: The number of new cases by type; the number of open cases by type; the number of cases closed by type, including the disposition of cases closed, and the type of disposition; and the number of cases for which the contractor has declared a conflict. Contractor shall be solely responsible for providing all office furniture, equipment, supplies, secretaries, clerks, attorneys, and other persons necessary to perform the contract and shall be solely responsible for all costs and expenses incurred in performing the contract including any professional educational and training expenses, except for any court reporters’ fees, filing fees, transcript fees, and witness fees. Contractor shall maintain adequate office space open during normal business hours for appointments with clients or potential clients who are not in custody. Contractor shall maintain published office addresses and telephone numbers and telephone answering services or devices for the taking of telephone messages during non-business hours. In-custody clients shall be interviewed within 72 hours, excluding weekends and holidays, of contractor’s appointment. Out of custody clients shall be interviewed within five business days of contractor’s appointment. In all cases, contractor shall personally speak with the client prior to the date of the first court appearance following contractor's appointment by the Court. Contractor shall keep all Courts informed of the status of pending cases for which it had been appointed and shall advise the Court at the earliest possible time as to whether cases will be settled or go to trial, whether continuances are needed, whether or when interpreters will be needed, and other such matters bearing on the scheduling of cases before the Courts. Contractor may engage in the private practice of law, including the defense of those charged with crimes or involved in juvenile court proceedings, provided that no private client shall be accepted which may cause a conflict of interest to arise whereby the contractor would not be able to represent any indigent who would otherwise be eligible for services under this ---PAGE BREAK--- Page 9 contract. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CCL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form N u m b e r CA 000 1 covering, Code 1 (an y a u t o ) , o r if Contractor has no owned a u t o s , Code 8 (h i r e d ) a n d 9 (nonowned), with limit no less than $1 , 0 0 0 ,000 per accident for bodily i n j u r y and property damage. 3. Workers' Compensation: Insurance as r e q u i r e d by the State of California, with Statu t o r y Limits, and Employer's Liability Insu r a n c e with limit of' no less than $1,000,000 per accident for bodily i n j u r y or disease. (Not required if Contractor provides written verification it has no employees) 4. Professional Liability (Errors a n d Omissions): I n s u r a n c e appropriate to the Contractor's profession, w i t h limit no less than $1,000,000 per occurrence or c l a im, $2,000,000 aggregate. If the Contractor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies arc to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers arc to be covered as additional ---PAGE BREAK--- Page 9 insureds on the CGL policy w i t h respect to l i a b i l i ty arising o u t of work or operations performed by or o n behalf of t h e Contractor including mater i a l s parts, o r equipment furnished i n connection with s u c h work or o p e r a t i o ns. General liability coverage c a n be provided in t h e form o r an endorsement to the Contractor's i n s urance (at l e ast as broad as ISO Form CG 20 1 0 11 85or both CG 20 1 0 and CG 20 37 forms if later r e v i s i o n s used). Primary Coverage For any claims related to t h i s co n t r a c t , t h e Contractor’s insurance coverage s h a l l be p r i m a r y insurance as respects t h e Entity, its officers, o f f i c i a l s , e m p l o yees, a n d volunteers. Any insu r a n c e or s e l f - insurance mai n t a i n e d by the Entity, its officers, officials, employees, or vol u n t e e r s s h a l l be excess of the Contractor's insurance and s h a l l not contri b u t e with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five years after completion of contract work. Verification of Coverage Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All ---PAGE BREAK--- Page 9 certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Independent Contractor The Contractor is, for all purposes arising out of this Contract, an independent contractor, and neither the Contractor nor his employees or subcontractors shall be deemed employees of the County. The Contractor shall complete the requirements of this Contract according to the Contractor's own means and methods of work, which shall be in the exclusive charge and control of the Contractor and which shall not be subject to control or supervision by the County, except as specified herein. Hold Harmless and Indemnification A. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by the Contractor Attorney or their employees or others by reason of the Contract. Contractor Attorney shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and losses whatsoever, occurring or resulting from Contractor Attorney's failure to pay any compensation, wages, benefits or taxes except where such failure is due to the County's wrongful withholding of funds due under this Contract. B. Contractor Attorney agree that they are financially responsible and liable for and will repay the County for any material breaches of this contract including but not limited to misuse of Contract funds due to the negligence or intentional acts of the Contractor Attorney, their employees, representatives or agents. C. County shall indemnify and hold harmless the Contractor Attorney and their officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any action or omission of the County, its officers, agents, and employees, or any of them, relating or arising out of the performance of this Contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Contractor Attorney, jointly or individually, the County shall defend the same at its sole cost and ---PAGE BREAK--- Page 9 expense and if a final judgment is rendered against the Contractor Attorney and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. County is not responsible to indemnify or defend Contractor Attorney, jointly or individually, for claims or actions against Contractor Attorney for professional negligence or malpractice. Contractor Attorney shall defend and hold County harmless from any claim or action against the County based on Contractor Attorney's professional negligence or malpractice. PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS The proposal must include the following sections: 1. Cover sheet which includes identification information, statement of compliance and signature, as prescribed in Form A: PROPOSAL COVER SHEET (attached). 2. Detailed narrative that describes your organization and methodology for providing services (see below for required information). 3. Contract price on annual basis, to be paid in installments, which includes investigator services. Also provide a contract price on an annual basis, to be paid in installments which does not provide for investigator services. 4. A proposed Contract for Public Defense Services which includes the Major Contract Provisions above. The County reserves the right to require different or additional contract provisions prior to executing the final contract. All proposals must be submitted in a sealed envelope and clearly marked. "PROPOSAL: INDIGENT DEFENSE SERVICES" An original and five copies must be provided. Proposals must be received no later than 4:00 p.m., November 2, 2020, by Sarah Simis, Deputy CAO to Personnel and Risk Management, P.O. Box 387, Markleeville, CA 96120. Hand delivered submissions should be delivered to the 99 Water Street, Markleeville, CA 96120 drop box. Proposals that are submitted by mail and received after the submission deadline will not be accepted. The following information must be provided in the narrative section of the proposal: Organization and qualifications: 1. State whether the proposer is an individual, partnership, consortium or corporation; a consortium must provide a letter or letters of intent and commitment by consortium members to the proposal and designation of lead firm and representative who is authorized to represent consortium members in negotiations; a corporation may be required before the contract is awarded to furnish a certificate as to its corporate existence and satisfactory ---PAGE BREAK--- Page 9 evidence as to the officer(s) authorized to execute the contract on behalf of the corporation. 2. Provide name(s) of the lead attorney(s) who will assume responsibility for the execution and the obligations of the contract. 3. List names of all attorneys to be assigned, employed or sub-contracted under the contract. 4. Provide resumes of professional and academic history, including area(s) of specialization, and California State Bar number for all attorneys listed. 5. List names of investigative staff who will assist in legal defense services, if any. 6. Include descriptions of any similar or related contracts or grants under which the proposer has provided services. 7. Include any other supportive materials, such as copies of letters indicating cooperative agreements between firms and/or partnerships relative to the delivery of services. Service methodology and program approach: 1. Describe how this program would be administered: how you or your company would interact with the Court and their administration (including County personnel) to ensure proper on-going administration of this service. 2. Describe how you would manage and supervise staff associated with this service; indicate the name and/or title of management and supervisory staff, their duties and responsibilities. 3. Discuss your case management philosophy; proposed case assignment procedures and criteria; proposed method of allocation and managing personnel resources to ensure timely delivery of services and minimal delays, continuance, appeals and overturned cases; describe your proposed distribution of conflict cases amongst lead and associate attorneys: how many and what type of cases would be assigned to various attorneys and managed from beginning to end. 4. Discuss the potential for situations where the indigent defense services contractor may become involved in conflicts of interest and indicate plans to address potential conflicts of interest; explain in detail how conflicts of interest will be avoided with respect to the contractor's engagement in the private practice of law outside of the agreement with the County (in the event that the contractor cannot demonstrate the ability to avoid conflicts of interest, restrictions may be placed on the private practice of law). 5. Discuss how you envision handling conflict cases that require the retention of counsel outside of the contract. Describe how you will minimize the cost to the County. ---PAGE BREAK--- Page 9 6. Describe how you propose to provide support services for your attorneys, such as clerical support, research support (law library or on-line research services, research attorney/law clerk), report preparation copying and printing services, office space, equipment such as computer hardware and software, copiers, etc. for the above staff; describe which of those support services are available now in your operation(s) and specify that which would have to be obtained if your proposal is accepted; describe how you would provide the initial training for your staff in relationship to the services to be provided under this proposal and explain how you would provide for their ongoing training. 7. Describe fully the proposed ancillary services you would employ in preparation for the defense of your clients; identify any services that you can now provide with your existing staff and specify those services you would retain under contract. 8. Detail any other proposed services, personnel or operational costs you feel are necessary in order to provide indigent defense services. Additional material may be submitted with the proposal as appendices. Sample reports and references are encouraged. ---PAGE BREAK--- PROPOSAL: INDIGENT DEFENSE SERVICES FORM A: PROPOSAL COVER SHEET IDENTIFICATION Name of Proposer: Address: City Zip Telephone No.: FAX: Authorized representative and/or contact Name: Address: City Zip Telephone No.: FAX: STATEMENT OF CERTIFICATION AND COMPLIANCE The undersigned certifies the truth and accuracy of the content of this proposal and agrees to furnish the services stipulated at the prices and terms stated in this proposal and fully comply with all provisions of this bid if the contract is awarded. SIGNATURE OF LEAD ATTORNEY(S) Signed by Name: Date: Signature ---PAGE BREAK---