COUNTY OF IMPERIAL OFFICE OF COUNTY COUNSEL INDIGENT DEFENSE PROGRAM REQUEST FOR QUALIFICATIONS

Transcription

1 COUNTY OF IMPERIAL OFFICE OF COUNTY COUNSEL INDIGENT DEFENSE PROGRAM REQUEST FOR QUALIFICATIONS LEVEL MISDEMEANOR AND FELONY FLAT-RATE CONTRACT ATTORNEYS Final Date for Submission: Monday, November, 01 by :0 pm

2 IMPERIAL COUNTY OFFICE OF COUNTY COUNSEL INDIGENT DEFENSE PROGRAM 1. STATEMENT OF PURPOSE The Imperial County (County) Office of County Counsel (County Counsel) is soliciting Qualification Statements from attorneys (Contractor) pursuant to this Request for Qualification (RFQ) for the provision of criminal defense services for indigent defendants charged with either a felony or a misdemeanor and with whom the Imperial County Public Defender has a conflict in representation. The County Counsel office will maintain separate lists for felony and misdemeanor contracts. If a Contractor wishes to apply for both felony and misdemeanor contracts, individual qualification statements must be submitted for each contract. In responding to this RFQ, all Contractors are required to adhere to all of the requirements provided herein. The number of contracts and the flat rate compensation for those contracts has not been set. However, all contracts will include the trial incentive component as detailed in the attached draft contract. This RFQ references the following attachments which are included with the RFQ: Attachment A B C D E Document Description Administrative Policy Memorandum issued by the Superior Court of California County of Imperial on May, 00 and as revised on March, 00 and January 1, 01 entitled Criteria for Court Appointment of Indigent Defense Counsel Draft Agreement (Superior Court Felony Contract - ) Draft Agreement (Superior Court Misdemeanor Contract - ) County of Imperial Felony Contract Conflict Report Confidential Ancillary Services Request Form. DESCRIPTION Attorneys for indigent defendants are appointed based on local area needs and at the discretion of the Imperial County Superior Court (Superior Court) in the following manner: Level 1: Appointment of the Public Defender Level : Appointment of overflow flat-rate contract attorneys Level : Appointment of overflow hourly contract attorneys This RFQ seeks Qualification Statements from Contractors for Level, flat-rate services, both for misdemeanor and felony contracts.

3 The total number of Level appointments a Contractor may expect to receive on a monthly basis will depend on the number of contracts ultimately issued. The flat rate for the contracts will also depend on how many contracts are issued.. PERFORMANCE GOALS AND EXPECTATIONS Contractors will be expected to provide professional services, advice and legal representation to indigent defendants charged with either a felony or misdemeanor case set before the Imperial County Superior Court in which he/she is appointed during the term of any Agreement. Contractors will be expected to exceed the minimum requirements and obligations set forth by the Superior Court in Attachment A (Administrative Policy Memorandum) issued by the Superior Court of California County of Imperial on May, 00 and as revised on March, 00, as well as the document entitled Criteria for Court Appointment of Indigent Defense Counsel dated January 1, 01. It is expected that Contractor will meet all requirements of their contract as detailed in Attachments B or C, whichever is applicable.. QUALIFICATIONS All Qualification Statements must meet and provide proof of the following requirements for consideration to receive a contract: a) All Contractors must hold a valid State Bar of California license. b) All Contractors and all attorneys appearing on behalf of Contractor pursuant to a contract must meet the minimum qualifications as set forth in Attachment A : Administrative Policy Memorandum issued by the Superior Court of California County of Imperial on May, 00 and as revised on March, 00 and January 1, 01, entitled Criteria for Court Appointment of Indigent Defense Counsel. c) All Contractors must agree to accept the terms and conditions of the draft contract, as set forth in Attachments B or C, as applicable. d) All Contractors must provide proof of liability insurance as detailed in Attachments B or C, as applicable. e) All Contractors must fully and satisfactorily answer all questions in Section RFQ Content.. RFQ SCHEDULE Event Date RFQ Release Date October, 01 Deadline to Submit Questions November, 01 Deadline to Submit Qualification Statements November, 01

4 . RFQ RESPONSES Please refer to the above Schedule for applicable deadlines. The Schedule is subject to change, and the County does not send notifications of changes to this RFQ to Contractors. County is not responsible for failure of any Contractor to receive notification of any change. Contractor must take the following actions in order to participate in this process. /// /// /// a) Contractors who intend to respond are requested to notify County Counsel by sending an to with the RFQ name in the subject line. This is not mandatory but is strongly encouraged to assist the County in managing the RFQ process. Please include the name, address, telephone, fax number, address of the Contractor, and contact person. b) All questions regarding this RFQ shall be submitted by sending an to with the RFQ name in the subject line. c) Qualification statements should provide straightforward, concise information that satisfies the requirements noted in this RFQ. Expensive binding, color displays, and the like are discouraged. Emphasis should be placed on brevity, conformity to the instructions and selection criteria of this RFQ, and completeness and clarity of content. d) Qualification Statements must be submitted on white ½ inches by inches paper with no less than one inch margins at the top, bottom, left, and right. Typeface must be no more than twelve (1) characters per inch. Each page, including attachments and exhibits, must be clearly and consecutively numbered at the bottom of the page. Qualification submittals must be collated and bound with staples six () copies of the qualification submittal, plus one (1) original, bearing original signatures. Qualification Statements are not to be submitted orally, by facsimile or s. Qualification statements may be sent by US mail service certified mail, or overnight delivery carrier, or may be delivered in person. The Contractor assumes all risk of loss regarding any delivery method it chooses to use, and the County shall not be held responsible for any failure of any delivery service/method. The Contractor is solely responsible for ensuring delivery no later than the date and time specified. The County will return unopened, any proposal received after the time specified in the most current RFQ Schedule. e) Qualification Statements must be submitted by November, 01 at :0 pm to County of Imperial Office of County Counsel, Attn: Geoffrey P. Holbrook, Assistant County Counsel, 0 W. Main Street, Suite 0, El Centro CA. f) All Qualification Statements, supporting documentation, and materials submitted become the property of the County. g) Qualification statements must be submitted in the format described hereafter. Emphasis should be on conformance to the RFQ instructions, responsiveness to the RFQ requirements, and on completeness and clarity of content.

5 . RFQ CONTENT All Qualification Statements must adhere to the following format. Please ensure that all questions are addressed within your Qualification Statement. Enter the page numbers where your response to each of the following statements can be found within your response. The answers given and representations made in response to these questions will be incorporated into any contract and will become contractual obligations. A. Introduction. a. Provide brief introduction of Contractor, including, but not limited to, the following information: i. Business/Firm Name ii. Business/Firm Address iii. Telephone Number iv. Fax Number v. Address vi. Years Business/Firm has been in existence b. Specify whether the Qualification Statement is in response to the felony or misdemeanor contract. (If you would like to be considered for both you must submit two, separate Qualification Statements.) c. Provide the name of all attorneys that would appear in Superior Court on behalf of Contractor. B. Qualifications. a. Provide a resume for each attorney that would appear on behalf of Contractor in Superior Court. b. Detail how each attorney listed in (A)(c) above meets the minimum qualifications as set forth in Attachment A : Administrative Policy Memorandum issued by the Superior Court of California County of Imperial on May, 00 and as revised on March, 00 and January 1, 01 entitled Criteria for Court Appointment of Indigent Defense Counsel. c. If applying for the misdemeanor contract: Are you able and willing to complete any and all steps necessary to comply with California Assembly Bill No. 0, adding section. to the Welfare and Institutions Code, and any resulting rules of court pursuant to Welfare and Institutions Code section.(b)? C. Conflicts. a. Describe under what circumstances you would consider it necessary to declare a conflict and decline representation of an indigent defendant. b. Describe any current circumstances in your legal practice which may lead you to declare a conflict and/or decline representation of an indigent defendant. c. Are you able to comply with either of the following contract provisions, as applicable: i. Felony: Paragraph Interest of Contractor of the Draft Agreement (Superior Court Felony Contract - ), (Attachment B )?

6 ii. Misdemeanor: Paragraph Interest of Contractor of the Draft Agreement (Superior Court Misdemeanor Contract - ), (Attachment C )? d. Describe your firm s current process for determining potential conflicts. e. Describe what methods/efforts you will use to minimize conflicts from arising. f. If applying for the felony contract, will you comply with section. of the Draft Agreement (Superior Court Felony Contract - ), (Attachment B )? g. If applying for the felony contract, are you able to timely complete the County of Imperial Felony Contract Conflict Report attached hereto as Attachment D? D. Trial. a. Is there any reason you would not be willing or able to take a case to jury trial should the individual circumstances warrant? If yes, please detail those circumstances. If no, affirm that there is no reason that you would not be willing to take a case to jury trial should the individual circumstances warrant. E. Local Rules of Court a. Have you read and are you familiar with the Superior Court of California County of Imperial Local Rules of Court? F. Availability. a. Are you available to appear at any branch of the Imperial County Superior Court on any day in which the Superior Court is open, from :0 a.m. until :00 p.m.? b. Detail how you would maintain coverage when you schedule time off (personal/vacation). c. Do you intend to dedicate certain number of attorney(s) to only indigent defense cases? If so, how many attorneys do you intend to reserve for indigent defense cases? (E.g, half an attorney, one attorney, etc.) If you do not plan to dedicate a certain number of attorneys, how do you intend to handle coverage of appointed indigent defense cases? d. Provide the average number of non indigent defense cases handled by your firm on a monthly basis. G. Ancillary Service Requests. a. Are you willing to adhere to process for requesting ancillary services as detailed in the Administrative Policy Memorandum issued by the Superior Court of California County of Imperial on May, 00 and as revised on March, 00 and January 1, 01 entitled Criteria for Court Appointment of Indigent Defense Counsel, attached hereto as Attachment A? If your answer is no, please explain. b. Describe the process by which you determine ancillary services are necessary and decide to submit an Ancillary Services Request. c. Are you or one of the attorneys listed in (A)(c) above willing to personally complete the Ancillary Services Request forms? If your answer is no, please explain. d. Describe how you manage the time of your investigator to best utilize the hours allotted to you pursuant to an Ancillary Services Request.

7 e. When requesting investigative ancillary services are you willing to accept the assignment of an investigator (as opposed to requesting a specific investigator)? H. Contract. a. Are you willing to accept all terms and conditions as set forth in the following draft agreements, as applicable: i. Felony: Draft Agreement (Superior Court Felony Contract - ), (Attachment B )? ii. Misdemeanor: Draft Agreement (Superior Court Misdemeanor Contract - ), (Attachment C )? b. Affirm that you understand and agree that the answers given and representations made within your response to this RFQ will be incorporated into any contract and will become contractual obligations. c. Insurance. Provide proof that you meet the insurance requirements as detailed in Attachment B or C, as applicable.. EVALUATION AND CONTRACT AWARD The Office of County Counsel will review all Qualification Statements. A contract may be the result of this RFQ and could be awarded based on the Qualification Statements received and local area needs. The contents of the successful Qualification Statements will become contractual obligations, and failure to accept these obligations in a contractual agreement may result in cancellation of award. Submittal of a Qualification Statement does not guarantee an award. County reserves the right, in its sole discretion, to take any of the following actions: waive informalities or minor irregularities in any Qualification Statement received, reject any and all Qualification Statements, cancel the RFQ, or modify and re-issue the RFQ. Failure to furnish all information requested or to follow the format requested herein may disqualify the Contractor, in the sole discretion of the County. False, incomplete, misleading or unresponsive statements in a Qualification Statement may also be sufficient cause for a Qualification Statement s rejection. CONTRACTOR HEREBY SUBMITS THE ATTACHED RFQ TO THE COUNTY OF IMPERIAL S REQUEST FOR QUALIFICATIONS. Print Signatory Name and Title Signature Contractor Name Contractor Address

8 Contractor Address Contractor Telephone Number Date

9 Superior Court Of California County Of Imperial Administrative Policy Memorandum Date Issued: May, 00 Revised: March, 00 Revised: January 1, 01 Page 1 OF Subject: Criteria for Court Appointment of Indigent Defense Counsel Approved by: William D. Lehman, Presiding Judge Purpose: To establish criteria and a list for court appointed indigent defense counsel in cases pending before the courts and to implement a process for the ongoing review of court appointment lists. Policy: The following minimum experience is established for attorney seeking appointment by court. TYPE OF CASE Misdemeanors MINIMUM EXPERIENCE months criminal practice TRIAL EXPERIENCE OTHER EXPERIENCE REQUIRED Felonies years criminal practice At least misdemeanor trials to completion Death Penalty years criminal practice Per CRC.(d) Associate Counsel for Death Penalty Appellate Counsel Juvenile Delinquency years criminal practice Per CRC.(e) years civil and general practice 1 year of criminal and juvenile delinquency practice Subject matter expertise (i.e. misdemeanor, writs, habeas corpus, etc) At least months of specialized 0 representation Juvenile Dependency months of general practice Local Rule 1.0 Conservatorship/ FC/ Guardian Ad-Litem years of general practice Subject matter expertise (Family, Dependency, probate) Revised January 01 Page 1

10 Appointment Overview: Counsel for indigent defense will be appointed by the Court generally in the following manner: a) Level 1: appointment of Public Defender b) Level : appointment of overflow flat rate contract attorneys c) Level : appointment of overflow hourly contract attorneys Court appointments for Level and will be made from the approved Court Indigent Defense Counsel Appointment List on a rotating basis at the sole discretion of the Judicial Officer. Attorney may be removed from appointment list with or without cause at any time. The currently approved attorney list for appointments will be posted on the websites for the County of Imperial and the Court ( and Other Requirements and Criteria: 1. All attorneys approved to be included on the appointment list must execute a contract with the County of Imperial satisfactory to County Counsel (see # below) and shall agree to follow these rules.. Attorneys shall submit an application to be added to the appointment list and shall submit with their application to be added to the appointment list, a current résumé and Proof of Liability Insurance with a minimum amount of $00,000. Such résumé and proof of insurance shall be submitted to the Office of County Counsel.. Attorneys seeking Court appointment must submit an updated résumé describing total years of experience by type of litigation; number and type of trials completed; and mandatory continuing education courses completed to date.. The Court will review and consider all applications and résumés submitted by counsel for inclusion to the attorney appointment lists on an as-needed basis, provided all requirements have been met.. Effective immediately, Court appointed counsel pursuant to Penal Code Section. may continue to have another attorney stand-in for him/her to make special appearances for brief or non-substantive matters due to unavailability, but wholesale delegation or subcontracting of a case previously assigned to an individual attorney will not be authorized. All appearances by stand-in attorneys will not be reimbursed by the Court or County.. Effective immediately, all applications for approval for expenses for all ancillary services by Level and Level attorneys shall follow the following procedure: a) Initial Request to County Counsel Staff. All requests, except for capital cases, shall be initially be submitted to the Office of County Counsel on the Ancillary Expense Form. b) Review Procedure. If Counsel disagrees with the determination of County Counsel staff regarding the request, Counsel may request review by County Counsel. Revised January 01 Page

11 c) Requests to Court. Applications for approval of ancillary services expenses made directly to the Court, except for capital cases, shall only be made after compliance with steps a and b above.. All attorneys on the Level and Level appointment list shall enter into a contract with the County of Imperial and shall agree to the following: a) Level shall be compensated according to the official fee schedule posted on the County of Imperial s and the Court s Internet websites ( and Requests for compensation of Level and Level attorneys and ancillary services shall be handled by County Counsel s office and attorneys shall comply with County Counsel billing procedures. b) Attorneys shall defend and indemnify the County and its employees, to include claims by third parties of legal malpractice. Counsel shall hold the County harmless with respect to administration of the Program, including but not limited to case, level, and panel assignments. c) Attorneys shall provide County with the address of an active account for the attorney that County may use for all communications with the attorney regarding panel matters, including confidential communications, approvals and denials of requests, and legal notices about changes in the program such as changes to Rules and Contracts. Revised January 01 Page

12 AGREEMENT (Superior Court Felony Contract ) THIS AGREEMENT ( Agreement ) is made and entered into this day of, 01_, by and between the County of Imperial, a political subdivision of the State of California ( County ) and (State Bar Number ), a licensed attorney duly admitted to practice before all the Courts of the State of California ( Contractor ) (individually, Party; collectively, Parties ). W I T N E S S E T H: WHEREAS, persons charged with commission of a crime have a constitutional right to be represented by competent defense counsel; and WHEREAS, California Penal Code section provides that if a defendant is unable to employ counsel, the Court shall assign counsel to defend him or her; and WHEREAS, County employs a Public Defender and deputies for representation of indigents charged with the commission of crimes; and WHEREAS, Penal Code section.(a)() provides that in a case where the Court determines that because of a conflict of interest or other reasons, the Public Defender is unable to represent defendants in a criminal trial, proceeding or appeal, the Court shall assign other counsel to represent the defendant; and WHEREAS, Penal Code section.(b) provides that counsel assigned pursuant to Penal Code section.(a) shall receive a reasonable sum for compensation and for necessary expenses, the amount of which shall be determined by the Court and paid out of the general fund of the County in which the criminal case is pending; and WHEREAS, the sum provided for in Penal Code section.(a) may be determined by contract between the Court and one or more responsible attorneys after consultation with the County s Board of Supervisors as to the amount of compensation and expenses to be paid, which shall be within the amount of funds allocated by the Board of Supervisors for the cost of assigned counsel in those cases; and 1

13 WHEREAS, under California Government Code section 00, County is authorized to enter into a contract for legal services of attorneys; and WHEREAS, Contractor is willing to and does possess requisite qualifications including, but not limited to, training and experience and County wishes to employ Contractor to render legal services to indigents where the Public Defender has a conflict of interest or cannot otherwise represent defendants; and WHEREAS, in Phillips v. Seeley, Cal. App. d (1), the Appellate Court held that the judicial act of assigning an attorney to represent an indigent defendant with knowledge of the compensation contract between the Board of Supervisors and the attorney constitutes judicial approval and ratification of the contract and recognition that the contract provides reasonable compensation to the attorney; NOW THEREFORE, BE IT AGREED AS FOLLOWS: 1. SCOPE OF SERVICES Contractor shall provide professional services, advice and legal representation to indigent defendants charged with a felony in cases set before the Superior Court in which he/she is appointed during the term of this Agreement. 1.. It is agreed that Contractor shall provide these services through one or more of its attorneys who are properly licensed to practice law in California, who are competent to represent defendants facing felony criminal charges, and who meet the minimum qualifications as set forth in the Administrative Policy Memorandum issued by the Superior Court of California County of Imperial on May, 00 and as revised on March, 00 and January 1, 01 entitled Criteria for Court Appointment of Indigent Defense Counsel. 1.. In cases where Contractor represents a defendant who enters a plea of guilty to a felony charge before preliminary hearing, it shall be the responsibility of Contractor to continue to represent such defendant up to, and including, sentencing or other disposition proceedings. 1.. Designated Complex Cases. For cases designated as complex, Contractor shall receive

14 the additional compensation outlined in paragraph.1. Complex cases shall include the following: murder, rape, molestation, wiretap (involving a minimum of,000 pages of discovery) and cases involving the potential of a life sentence. 1.. In addition to felony cases, Contractor shall accept responsibility for representation in the following instances: Indigent adults, minors and parents in cases set before the Superior or Juvenile Courts (including proceedings pursuant to California Welfare and Institutions Code section 00 et seq. and California Government Code section 0) and in all other instances where the Public Defender is by law required to provide such representation, where he/she is appointed by the Court to represent said adults, minors or parents Misdemeanor cases as provided for in Section PROBATION VIOLATIONS. Any and all matters relating to the violation of the terms and conditions of Probation, when the Public Defender s Office is relieved from representation by declaration of conflict of interest or by any other means POST RELEASE COMMUNITY SUPERVISION VIOLATIONS. Any and all matters relating to the violation of the terms and conditions of Post Release Community Supervision (PRCS), when the Public Defender s Office is relieved from representation by declaration of conflict of interest or by any other means PAROLE VIOLATIONS. Any and all matters relating to the violation of the terms and conditions of Parole, when the Public Defender s Office is relieved from representation by declaration of conflict of interest or by any other means COMPENTANCY. Any and all matters relating to a defendant s competency to stand trial and any mental health and/or restoration to competency hearings. 1.. Contractor shall perform legal services competently. To perform legal services competently means diligently to apply the learning and skill necessary to perform the duties of a member of the State Bar of California arising from employment or representation. Contractor shall be mentally, emotionally and physically able to perform

15 legal services. All legal services must be provided in a manner fully consistent with all applicable laws regarding the provision of competent legal defense and with the Rules of Professional Conduct and other statutes, regulations and rules of practice applicable to members of the State Bar of California. 1.. Contractor shall be available to appear at any branch of the Imperial County Superior Court on any day in which the Superior Court is open, from :0 a.m. until :00 p.m. Contractor shall timely appear at all scheduled hearings in cases to which Contractor has been appointed. 1.. Contractor shall fully comply with all representations made by Contractor in Contractor s Qualification Statement submitted to County in response to County s Request For Qualifications Level Misdemeanor and Felony Flat-Rate Contract Attorneys. Contractor s Qualification Statement is attached hereto as Attachment 1 and incorporated by this reference. 1.. ANCILLARY SERVICE REQUESTS. Contractor shall prepare any requests for investigative services utilizing the form provided on the Office of County Counsel website. All requests shall be prepared by Contractor and submitted directly to County Counsel through electronic mail, fax, or personal delivery.. APPOINTMENTS..1. The Public Defender or his/her deputies will notify the Court if he/she has a conflict of interest. Upon being appointed to represent a defendant, Contractor shall notify the Court Executive Officer in writing of the name of the client and case number within a reasonable time after the appointment.. Conflicts...1 Upon appointment by the Court, Contractor shall promptly conduct a due diligence search of its records to determine whether any potential conflicts exist... When Contractor is of the opinion that an actual conflict of interest exists that would prohibit Contractor s representation of an indigent client that the Contractor has been appointed to represent or the Court wishes to appoint

16 Contractor to represent, Contractor may ask the Court to be relieved from further representation of the indigent client or not be appointed to represent the indigent client... Grounds for relief from further representation shall be based on grounds for declaring a conflict of interest as set forth in the California State Bar s Rules of Professional Conduct ( Bar Rules )... In the rare and unlikely event that disclosure to the County Counsel of the factual nature of the conflict will violate the attorney-client privilege, Contractor may describe the conflict in general terms. However, the applicable section and subsection of the Bar Rules must still be included.. Contractor shall notify the Office of the County Counsel of the Contractor s declaration of a conflict pursuant to Section.. within two () business days. The notice to the Office of the County Counsel shall be in the form of a written declaration signed under penalty of perjury and in the format provided in Attachment. The declaration shall be submitted electronically. Contractor shall retain the original declaration for three () years following the termination of this agreement. Contractor recognizes that assignment of conflict indigent defense cases to attorneys is a matter entirely within the discretion of the Court. This Agreement is based on the understanding that the Court will endeavor to assign cases to those attorneys who have contracted with County to provide conflict indigent defense services proportionately Contractor agrees to accept his/her proportionate share of conflict indigent defense assignments in the Superior Court in return for the monthly flat rate of compensation provided herein, and agrees that this Agreement provides reasonable compensation in each such case.. When notice of termination of this agreement is given by either party, no new appointments will be made to Contractor following 0 days before the designated termination date. ///. ORDER OF APPOINTMENT.

17 FELONY CASES. In felony cases (both prior to and after preliminary examination), the following procedure has been set up for the appointment of counsel:.1.1. When the Court decides that an indigent defendant in a felony case is entitled to representation by a court-appointed attorney, the Court will first appoint the Public Defender to represent that defendant..1.. If the Public Defender has a conflict of interest or other reason that prevents representation of such defendant by the Public Defender, the Court has retained independent attorneys to be available for appointments to represent that defendant in those cases (individually, Felony Contract Attorney; collectively, Felony Contract Attorneys ). The Court will make a reasonable effort to appoint each of the Felony Contract Attorneys such that each receives an equal caseload when the Public Defender has a conflict. If, for any reason, any attorney ceases to be appointed by the Court in these cases, then the Court may replace that attorney with another attorney... MISDEMEANOR CASES. In misdemeanor cases the following procedure has been set up for the appointment of counsel:..1. Where the Court decides that an indigent defendant in a misdemeanor case is entitled to representation by a court-appointed attorney, the Court will first appoint the Public Defender to represent the defendant.... If the Public Defender has a conflict of interest or other reason that prevents representation of such defendant by the Public Defender, the Court will appoint one (1) or more of the attorneys contracted by the court to handle misdemeanor cases ( Misdemeanor Contract Attorneys ) to represent that defendant.... If the Public Defender and the Misdemeanor Contract Attorneys are unable to represent the defendant because of a conflict of interest, the Court will then appoint a Felony Contract Attorney. ///. RECORDS.

18 Contractor shall keep records of services provided on a form approved by the Court Executive Officer. Such records shall include the number of cases worked on during the month and a total of the hours expended during that month on work that falls within the scope of this Agreement... Contractor shall provide County s Office of the County Counsel a duplicate of each report given to the Court Executive Officer. Said duplicate can be submitted at 0 West Main Street, Suite 0, El Centro, California.. PAYMENT..1. Except as provided below at paragraph., County will pay to CONTRACTOR as follows:.1.1. MONTHLY COMPENSATION: A total of dollars ($.00) per month for services rendered pursuant to this Agreement. Payment will be made monthly, in arrears..1.. COMPLEX CASE OFFSET: A lump sum payment of Two Thousand Dollars ($,000.00) upon final termination of the case..1.. COMPLEX CASE TRIAL OFFSET: Two Hundred Fifty Dollars ($0.00) for each half-day Contractor is in trial... Invoice and Payment of Complex Cases. Contractor shall submit an invoice and minute order reflecting the date of final termination of the case to the Office of County Counsel for payment processing. Invoices will not be considered complete if not accompanied by minute order. Contractor shall receive payment within thirty (0) days of receipt of invoice and minute order... Contractor shall bear all his/her own costs, including but not limited to, general office expenses, phone costs, duplicating/copying costs, travel costs and professional and general liability costs. Contractor agrees not to request these services through Ancillary Service Requests and understands that County will not consider such requests... When either Contractor or County gives notice of its intention to terminate this contract

19 under paragraph, no new appointments to Contractor may be made following thirty (0) days before the designated termination date. In addition, payments from County to Contractor described above at paragraph.1 will consequently be reduced % each week of last four weeks preceding the termination date, e.g. week four = 0% of pay; week three = % of pay; week two = 0%; week one = %.. SUPPLIES AND DUPLICATING..1. It being understood that all criminal files will ultimately be the property of County, Contractor shall to pay for the supplies that make up the file. Contractor may purchase said supplies from County if CONTRACTOR so desires COUNTY agrees to provide Contractor with one (1) copy of all documents and police reports that are relevant to this Agreement at no cost to Contractor.. TERM..1. The term of this Agreement shall be from through unless terminated sooner pursuant to this agreement as set forth in paragraph... Renewal. The term shall be automatically renewed for five () consecutive one (1) year terms, unless either party gives written notice of their intent to terminate the agreement at least sixty (0) days before the termination date, in accordance with the terms of this agreement.. INDEPENDENT CONTRACTOR..1. The Parties expressly intend and agree that Contractor is acting as an independent contractor and not as an employee of County. Contractor retains sole and absolute discretion, control and judgment in the manner and means of carrying out Contractor s responsibilities for the provision of services under this Agreement... Contractor understands and agrees that Contractor shall not be entitled to any of the rights and privileges established for County s employees (if any) including but not limited to the following: retirement benefits, medical insurance coverage, severance pay benefits, paid vacation and sick pay and overtime pay... Contractor understands and agrees that County will not pay or withhold from the

20 compensation paid to Contractor pursuant to this Agreement any sums customarily paid or withheld on behalf of employees for income tax, employment insurance, social security, worker s compensation or any other withholding tax, insurance or payment pursuant to any law or governmental requirement and all such payments as may be required by law are the sole responsibility of Contractor... This Agreement shall not be construed as a partnership, and County shall have no responsibility for any of Contractor s debts, liabilities or other obligations whatsoever. Contractor is an independent contractor and at all times during the term of this Agreement shall represent and conduct himself/herself as an independent contractor, not as an agent or employee of County. Contractor shall not have the authority, express or implied, to bind or obligate County in any way.. INSURANCE..1. Contractor hereby agrees at its own cost and expense to procure and maintain commercial general liability insurance, employer s liability insurance, commercial automobile liability insurance, professional liability insurance and property damage insurance during the entire term of this Agreement in a sum acceptable to County and adequate to cover potential liabilities arising in connection with the performance of this Agreement and in any event not less than the minimum limit set forth as follows: Insurance Minimum Limit Minimum Errors & Omissions Coverage $0,000 Worker s Compensation, Coverage A Statutory Automobile Liability Bodily Injury $0,000/$00,000 aggregate Property Damage $0,000 per occurrence.. Special Insurance Requirements. All insurance required under paragraph shall:..1. Be procured from an insurer authorized to do business in California.... Be primary coverage as respects County and any insurance or self-insurance maintained by County shall be in excess of Contractor s insurance coverage and

21 shall not contribute to it.... Name County as an additional insured on all policies, except Workers Compensation, and provide that County may recover for any loss suffered by County by reason of Contractor s negligence.... State that it is primary insurance and regards County as an additional insured and contains a cross-liability or severability of interest clause.... Not be canceled, non-renewed or reduced in scope of coverage until after thirty (0) days written notice has been given to County. However, Contractor may not terminate such coverage until it provides County with proof that equal or better insurance has been secured and is in place. Cancellation or change without the prior written consent of County shall, at the option of County, be grounds for termination of this Agreement... Additional Insurance Requirements...1. Complete copies of certificates of insurance for all required coverages including additional insured endorsements and thirty (0) day notice of cancellation clause endorsements shall be attached hereto as Exhibit A and incorporated herein.... County is to be notified immediately of all insurance claims. County is also to be notified if any aggregate insurance limit is exceeded.... The comprehensive or commercial general liability shall contain a provision of endorsements stating that such insurance: A. Includes contractual liability; B. Does not contain any exclusions as to loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the XCU Hazards; C. Does not contain a pro rata provision which looks to limit the insurer s liability to the total proportion that its policy limits bear to the total coverage available to the insured; and

22 D. Does not contain an excess only clause which requires the exhaustion of other insurance prior to providing coverage... Deposit of Insurance Policy. Promptly on issuance, reissuance, or renewal of any insurance policy required by this Agreement, Contractor shall, if requested by County, cause to be given to County satisfactory evidence that insurance policy premiums have been paid together with a duplicate copy of the policy or a certificate evidencing the policy and executed by the insurance company issuing the policy or its authorized agent.. Additional Insurance. Nothing in this, or any other provision of this Agreement, shall be construed to preclude Contractor from obtaining and maintaining any additional insurance policies in addition to those required pursuant to this Agreement.. INDEMNIFICATION..1. Contractor agrees to the fullest extent permitted by law to indemnify, defend, protect and hold COUNTY and its representatives, officers, directors, designees, employees, agents, successors and assigns harmless from any and all claims, expenses, liabilities, causes of action, demands, losses, penalties, attorneys fees and costs, in law or equity, of every kind and nature whatsoever arising out of or in connection with Contractor s negligent acts and omissions or willful misconduct under this Agreement ( Claims ), whether or not arising from the passive negligence of County, but does not include Claims that are finally determined to be the result of the sole negligence or willful misconduct of County... Contractor agrees to defend with counsel acceptable to County, indemnify and hold County harmless from all Claims, including but not limited to:..1. Personal injury, including but not limited to bodily injury, emotional injury, sickness or disease or death to persons including but not limited to County s representatives, officers, directors, designees, employees, agents, successors and assigns, subcontractors and other third parties and/or damage to property of anyone (including loss of use thereof) arising out of Contractor s negligent performance of, or willful misconduct surrounding, any of the terms contained in this Agreement, or anyone directly or indirectly employed by Contractor or

23 anyone for whose acts Contractor may be liable;... Liability arising from injuries to Contractor and/or any of Contractor s employees or agents arising out of Contractor s negligent performance of, or willful misconduct surrounding, any of the terms contained in this Agreement, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable;... Penalties imposed upon account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute caused by the negligent action or inaction, or willful misconduct of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable;... Infringement of any patent rights which may be brought against County arising out of Contractor s work;... Any violation or infraction by Contractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees; and... Any breach by Contractor of the terms, requirements or covenants of this Agreement... The indemnification provisions above shall extend to Claims occurring after this Agreement is terminated, as well as while it is in force.. TERMINATION..1. TERMINATION FOR CAUSE: Upon material breach of this Agreement, County or Contractor shall have the right to terminate this Agreement by giving written notice to the other Party of such termination and specifying the effective date of such termination... TERMINATION FOR CONVENIENCE: County or Contractor may terminate this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination and specifying the effective date thereof at least sixty (0) days before the effective date of such termination. In that event, it is expressly agreed and understood that Contractor shall provide assistance and advice to Contractor s successor to facilitate 1

24 the transition caused by such termination. 1. UNFINISHED CASES Should this contract be terminated for cause, Contractor shall be entitled to receive compensation after the effective termination date for work performed on unfinished cases at a rate of Forty Dollars ($0.00) per hour. 1.. Should this contract be terminated for convenience, by either party, Contractor shall be entitled to receive compensation after the effective termination date for work performed on unfinished cases at a rate of Thirty Dollars ($0.00) per hour. 1. Both parties will attempt to achieve a smooth transition if notice of termination of services is given by either Contractor or County. Contractor will attempt to transfer all unfinished cases to other counsel by the date designated for termination in said notice. 1. ASSIGNMENT. Contractor shall not assign any interest in this Agreement, and shall not transfer any interest therein (whether by assignment or novation) without the prior written consent of County thereto. 1. EQUAL OPPORTUNITY. Contractor will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and the selection for training including apprenticeship. 1. CHANGES. County and Contractor may from time to time require changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor s compensation which are mutually agreed upon by and between County and Contractor, shall be effective when incorporated in written amendments to this Agreement.. INTEREST OF CONTRACTOR..1. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree 1

25 with the performance of the services hereunder... Contractor covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed... Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of County. 1. SHARING OFFICE SPACE/CONFLICT OF INTEREST. If Contractor shares office space with another attorney, Contractor must maintain professional independence. Contractor s office must be structured and managed in a way that does not allow for confidences to be shared or conflicts to arise as a result of sharing office space. 1. NOTICES AND REPORTS All notices and reports under this Agreement shall be in writing and may be given by personal delivery or by mailing by U.S. mail, addressed as follows: COUNTY Imperial County Clerk of the Board 0 W. Main Street El Centro, CA and CONTRACTOR Imperial County Office of County Counsel 0 W. Main Street, Suite 0 El Centro, CA 1.. All notices and reports under this Agreement may be given by personal delivery or by mailing by U.S. mail at such other address as either Party may designate in a notice to the other Party given in such manner. 1.. Any notice given by mail shall be considered given when deposited in the United State Mail, postage prepaid, addressed as provided herein. 1. ENTIRE AGREEMENT. This Agreement contains the entire Agreement between County and Contractor relating to the transactions contemplated hereby and supersedes all prior or contemporaneous agreements, 1

26 understandings, provisions, negotiations, representations, or statements, either written or oral. 0. CAPTIONS. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of the terms thereof. 1. PARTIAL INVALIDITY. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.. WAIVER. No waiver of any breach or of any of the covenants or conditions of this Agreement shall be construed to be a waiver of any other breach or to be a consent to any further or succeeding breach of the same or any other covenant or condition.. CHOICE OF LAW. This Agreement shall be governed by the laws of the State of California. This Agreement is made and entered into in Imperial County, California. Any action brought by either Party with respect to this Agreement shall be brought in a court of competent jurisdiction within said County.. ATTORNEY S FEES. If either Party herein brings an action to enforce the terms thereof or declare rights hereunder, the prevailing Party in any such action, on trial or appeal, shall be entitled to reasonable attorney s fees and actual costs to be paid by the losing Party as fixed by the court.. AUTHORITY..1. Each individual executing this Agreement on behalf of Contractor represents and warrants that:.1.1. He/She is duly authorized to execute and deliver this Agreement on behalf of Contractor;.1.. Such execution and delivery is in accordance with the terms of the Articles of Incorporation or Partnership, any by-laws or Resolutions of Contractor; and.1.. This Agreement is binding upon Contractor in accordance with its terms. 1

27 .. Contractor shall deliver to County evidence acceptable to County of the foregoing within thirty (0) days of execution of this Agreement.. COUNTERPARTS. This Agreement may be executed in counterparts.. REVIEW OF AGREEMENT TERMS. This Agreement has been reviewed and revised by legal counsel for both County and Contractor, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of the same or any subsequent amendments thereto. IN WITNESS THEREOF, County and Contractor have executed this Agreement as of the date first above written. Approved as to form: By: By: County of Imperial: Katherine Turner County Counsel Contractor: By: Geoffrey P. Holbrook Assistant County Counsel