63rd District Court Attorney Services

1 FISCAL SERVICES DEPARTMENT PURCHASING DIVISION Kent County Administration Building, 300 Monroe Avenue N.W., Grand Rapids, Michigan 49503-2289 Phone: (616) 632-7720 Fax: (616) 632 -7715 Email: purchasing@kentcountymi.gov SOLICITATION Solicitation Type Request for Proposal (RFP) Solicitation Number 4875 Description 63rd District Court Attorney Services Date of Issuance 9/1/2022 Inquiries Deadline Date & Time (local) 9/23/2022, 2 PM Due Date & Time (local) 9/27/2022, 2 PM Buyer Name Underhill INTRODUCTION The Kent County Purchasing Division is soliciting proposals for indigent criminal defense attorney services for defendants brought before the 63rd District Court for misdemeanor-only criminal cases and probation violations for October 1, 2022 through September 30, 2023. Contracts will be between the County and attorneys. Kent County has contracted with the Kent County Office of the Defender to provide indigent criminal

defense services for most misdemeanor cases and probation violations that qualify for appointed counsel. However, the Countys Indigent Defense Administrator will maintain a list of qualified private defense attorneys to handle conflict cases that the Defenders Office cannot handle (Conflict Appointment Case List). Individual attorneys that desire to accept some appointments during this time can request to be placed on the Conflict Appointment Case List. These individual attorneys must agree to accept randomly drawn assignments by the Countys Indigent Defense Administrator to cover cases in which the Defenders Office has a conflict of interest with a defendant or case. These attorneys will submit an itemized bill at the end of the representation and will be paid an hourly rate of $100.00 per hour with $500.00 maximum paid per case or probation violation. All attorneys placed on the Conflict Case Appointment List must attend and provide documentation of required training as outlined by the MIDC. Attorneys will also be required to submit reports on their compliance with other Indigent Defense standards, including, but not limited to, initial interviews with in-custody defendants. No individual attorney will be placed on the Conflict Case Appointment List if they do not indicate through this Request for Proposal (RFP) process that they want to be considered for these appointments. The appointment list for these cases is limited, as there will be few conflict cases. Attorneys placed on the Conflict Case Appointment List must show proof of professional liability insurance covering themselves, applicable to the services to be rendered, of at least $1,000,000 each Le ~ KENT Wwe 2 occurrence and aggregate for any and all liability arising through acts of the attorney under the above representation. NOTE: This in line with the Countys professional services insurance requirement. RFP Specifications: Responses to this Request for Proposal must include the following information: Indigent Defense Services Preference Sheet including: o Name of individual attorney to be assigned cases o Confirmation that the attorney desires to be added to the Conflict Case Appointment List o A brief statement of how cases will be covered in case of illness or other absence Resume of individual attorney to be assigned cases A copy of current proof of liability insurance. If the attorneys current insurance does not meet the required levels, the attorney will still be considered for the Conflict Case Appointment List. However, proof of insurance meeting the required levels must be provided no later than October 1, 2022 if the attorney is to be put on the list. All attorneys responding to this proposal will be evaluated by the Indigent Defense Administrator. New attorneys may be required to complete some initial training and orientation and may also be required to develop a relationship with an attorney mentor. Attorneys placed on the Conflict Case Appointment List agree to meet and provide documentation of the requirements of the MIDC for on-going legal education. The attorney will report the education hours and topics to the MIDC, Court, and County. Currently, each attorney providing these services is required to complete 12 credit hours of Continuing Legal Education (CLE) per year. Attorneys on the Conflict Case Appointment List agree to use any Interpreter Services pursuant to any contract entered between a vendor for such services and the Court or County. It shall be the responsibility of the criminal defense attorney assigned to each individual case to notify the Court criminal division staff in advance of the scheduled court date about the need for an interpreter for witnesses and for any defendant who has not previously requested an interpreter from the Court or County: at least a 24-hour prior notice for a Spanish-speaking interpreter; at least a 72-hour prior notice for interpreters of other oral languages; and at least a 7-day prior notice for sign language interpreters. Any costs associated with the use of interpreter services, not pursuant to this agreement, or without specific authorization to pay by Court order shall be the responsibility of the attorney. Attorneys will meet and provide the County with documentation of the MIDC standard for timely meetings with their client after appointment as follows. For defendants in local custody, the attorney shall conduct the initial interview within three business days after appointment. For defendants not in custody, the attorney shall promptly communicate so that the defendant may follow-up and schedule a meeting. The attorney will provide certification of meeting this requirement either on a monthly invoice or separate monthly written report as follows: (1) for defendants in local custody, that the initial meeting was held within three business days after appointment or explaining why it was not timely held and (2) for defendants not in custody, that the attorney promptly communicated to the defendant information that would enable the defendant to follow up and schedule a meeting. 3 Attorneys on the Conflict Case Appointment List will be required to comply with billing/invoicing instructions provided by the County. This includes an agreement for the County to pay via electronic funds transfer (EFT). The Michigan Indigence Defense Commission runs on an October 1-September 30 fiscal year. Because of this structure, Statements of Service for all service performed on or before September 30 are due to the Court by Tuesday, October 10, 2023. This is even for cases that are still pending. So, for cases ongoing at the end of September, attorneys must promptly submit a Statement of Service; when the case is concluded, attorneys must submit a Statement of Service for work done on or after October 1; the total amount of the two Statements combined may not exceed $500.00 for the case. Each case and the attorney performing the work must be clearly identified on each invoice, even if the invoices are submitted under the name of a firm rather than that of the individual attorney. Attorneys on the Conflict Case Appointment List will assist the Court and County with any requested data or reports necessary to complete the reporting requirements of the MIDC or the Supreme Court Administration Office. Finally, attorneys on the Conflict Appointment List agree to accept electronic notice of appointment, delivered via e-mail, and acknowledge the appointment within one (1) business day of sending. If no acknowledgement is received within that period, the County may, at its sole discretion, revoke that appointment and appoint a different attorney from the list. REQUEST FOR PROPOSAL SUBMISSION Complete submissions must be received in the Kent County Purchasing Division no later than the due date/time specified by the designated clock (local time). Late, faxed, or emailed responses will NOT be considered. The health and safety of the community is a top priority; therefore, Kent County Purchasing Division is shifting all Solicitations to electronic response only until further notice. Reponses may be submitted electronically by selecting the "Submit Online" icon on the Bid Opportunities page of the Kent County Purchasing Division's website. Respondent must include a complete proposal as one (1) non-password protected PDF document. The Indigent Defense Services Preferences Sheet form (attached) and required supporting documents shall be combined into (1) one PDF document and submitted electronically. The time required to upload a submission may vary. Respondent assumes all risks associated with electronic submission (including all possible technical issues) and deems the County and its service provider harmless and without fault regardless of the reason. Successful electronic submissions are confirmed via Respondent's email. Respondent shall view the link in the confirmation email to determine accuracy prior to due date/time. Submissions may only be withdrawn by written request if the request is received before the due date/time. Withdrawals subsequent to opening shall be subject to Kent County Fiscal Policy Centralized Purchasing 5(i)(2). NO BID Please provide feedback if you are electing not to participate in this solicitation. https://www.accesskent.com/Departments/Purchasing/vendor.htm https://www.accesskent.com/Departments/Purchasing/vendor.htm https://kentcounty.sjc1.qualtrics.com/jfe/form/SV_23HnX1uQN1GSr9H 4 RFP 4875 - Court Appointed Attorney Services - 63rd District Court Misdemeanor SUBMISSION FORMAT (Submissions must be submitted on this form or in the format outlined below) INDIGENT DEFENSE SERVICES PREFERENCE SHEET Attorney Name:________________________________________________________________ Attorney P Number: _______________ 63rd District Court Criminal Division I desire to be added to the misdemeanor Conflict Case Appointment List State how cases will be covered in case of illness or other absence: Required Proposal Attachments: Resume of participating attorney Proof of liability insurance