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HomeMy WebLinkAbout1999-05140 do AGREEMENT TO PROVIDE LEGAL REPRESENTATION FOR INDIGENT PERSONS IN DEPENDENCY CASES IN INDIAN RIVER COUNTY THIS AGREEMENT made and entered into this -V'5 day of 1999, by and between the BOARD OF COUNTY COMMISSI ERS OF INDIAN RIVER COUNTY, FLORIDA, hereinafter referred to as "County" and HAMMOND .AND SMITH, P.A. and MICHAEL BERRY, P.A., hereinafter referred to as "Attorney". WHEREAS, the County has requested proposals from members of the Florida Bar for representation of indigent persons in dependency cases on a flat per case basis or a lump surn basis or a per hour basis; acid WHEREAS, the County has submitted those proposals to a selection committee consisting of representatives of the Chief Judge of the Nineteenth judicial Circuit, the Indian River County Attorney, and the Indian River County Bar Association; and WHEREAS, the selection committee has recommended that the Attorney be awarded the contract for such representation; and NOW, THEREFORE, the parties agree as follows: 1. The County hereby contracts with the Attorney, who hereby represents that lie is a member in good standing of The Florida Isar, to provide legal representation for indigent persons in dependency cases when appointed by the Court in and for Indian River County pursuant to Chapter 39, Florida Statutes. 2, The Attorney agrees and covenants that he shall perform, or cause to be performed, the legal services described in Paragraph 1 while at all times complying with all current requirements of the Rules Regulating The Florida Bar including the Rules of Professional Conduct. 3. The Attorney shall perform, or cause to be performed, the legal services defined in Paragraph 1 and shall assume full responsibility for furnishing associate counsel who have received prior approval by the County whenevcr the Attorney is unavailable to provide daily representation in the category of cases above referenced. 4. The Attorney shall, in each case in which lie is appointed by the Court, render to, and on behalf of, his client all professional legal services reasonably required therein from the time of appointment to, and including, a final adjudication, or disposition, of such case. 99-0Gj I El CA 5. From March 1, 1999 through February 29, 2000 the County shall pay to the Attorney in accordance with the Attorney's RFP, which is incorporated herein by reference. 6. The following items shall be included within the fee set out in Paragraph 6 above: a) Photocopying, long distance phone calls, in -county mileage, parking, office supplies, office space, and all materials, equipment, and facilities necessary for the support of personnel in the performance of legal services under this Agreement. b) The following items are not included within those fees and are separately reimbursable by the County upon submission of documentation as required by the Finance Director: Expert witness fees, court interpreters, process serving, investigative fees, out -of - county travel costs pursuant to Section 112.061, Florida Statutes, and transcripts. Prior approval of the trial judge shall be required for reimbursable costs for expert witness fees, court interpreters and investigative fees. All transcript costs shall be paid at the rate set out in the current Administrative Order and the Attorney shall follow deposition procedures of taping depositions, rather than having a court reporter in attendance, except by prior approval of the court. 7. The Attorney shall be paid monthly for reimbursable costs and the personal services rendered hereunder in those cases in which there was final adjudication or disposition in the preceding month. 8. The Attorney shall keep proper records to enable the County to establish the cost of representing all categories of persons in Court proceedings and shall make such records available to the County in any proceedings to recover such costs from whomever may be obligated to reimburse the County. The Attorney shall supply information and statistics when requested by the County. 9. The Attorney agrees to make available to the County for inspections, without restriction, all books, statements, ledgers, and other financial records relating to services under this Agreement for a period of five (5) years from the termination of this Agreement, or until all Federal/State audits are complete for this fiscal year, whichever is sooner, unless ordered sealed by the Court. All financial records shall be kept, or made available to the County at the Attorney's principal place of business within Indian River County. 4D 4M 10, The Attorney agrees to maintain the confidentiality of his records pursuant to all laws relating to privacy and confidentiality with respect to Court records. In the event of termination of this Agreement for any and all reasons, work materials shall be retained or distributed by the Attorney in accordance with the Rules Regulating The Florida Bar. 11. The parties agree that this Agreement does not create the relationship of attorney and client between the Attorney and the County, that such relationship, if any is created, is restricted to the Attorney and those persons on whose behalf the Attorney furnished the legal services provided herein. The Attorney is an independent contractor. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association as between the County and the Attorney. 12. The Attorney is, and shall at ail times be, deemed an independent contractor and shall be wholly responsible for the manner in which he performs the services required by the terms of this Agreement. The Attorney exclusively assumes the responsibility for the acts of his employees as they relate to the services to be provided during the course and scope of their employment. The Attorney, his agents and employees shall not be entitled to any rights or privileges of the County's employees and shall not be considered in any manner to be employees of the County. 13. The Attorney agrees to indemnify and hold harmless the County against all costs, attorney's fees, expenses, and all loss and liability which the County may incur by reason of any suit, action, claim or proceeding for injury or damage occasioned wholly, or in part, by any negligent act or omission of the Attorney, his associates, law partners or employees in the performance of the legal services hereunder. 14. The Attorney and any associates shall provide and maintain at his own expense during the term of this contract a policy or policies of professional liability insurance in the amount of not less than one hundred thousand and 001100 ($100,000.00) dollars per occurrence insuring the Attorney against any and all claims which may arise out of or in connection with the performance of services pursuant to this Agreement. The Attorney shall provide the County with a certificate of insurance evidencing such coverage and such certificate shall provide that the County shall be given notice at least thirty (30) days in advance of any modification or cancellation of any such insurance. 15. The Attorney shall not delegate, or assign, rights or obligations hereunder, either in whole or in part, without prior written consent of the County. In this regard the Attorney shall provide to thu County a list of associate counsel for prior approval by the County who the Attorney may wish to assign cases to in the event his caseload under this Agreement becomes excessive. The County may withdraw approval of any associate counsel for the reasons set forth in Paragraph 21. Payment for these assigned f services shall be made to the Attorney who shall disburse said fees pursuant to a separate agreement made between the Attorney and the associate counsel performing the assigned services. The Attorney shall remain wholly responsible to the County for the actions of any associate counsel to whom he has assigned cases. 16. In the event the Attorney determines that he has a conflict of interest regarding any case assigned to him, Attorney shall notify the Court and withdraw from the case. The case shall thereafter be handled pursuant to Resolution 98-96, and not considered the subject of this Agreement. Attorney shall be reimbursed for any verifiable hours spent on the case prior to withdrawal pursuant to said ReSOlUti011. 17. (a) In the event that a case assigned to the Attorney is transferred to a private attorney or to another jurisdiction prior to its final disposition, the Attorney shall be reimbursed at the hourly rate established by Resolution 98-96 for the verifiable hours spent on the case up to the contract rate as provided in this Agreement. (b) In the event that a case assigned to the Attorney cannot be brought to final adjudication or disposition in Court because Attorney's client fails to appear in Court, the Attorney shall be reimbursed at the hourly rate established by the Resolution 98-96 for the verifiable hours spent on the case up to the contract rate of this Agreement. 18. The term of the Agreement shall be extended through and continue on a year to year basis thereafter, provided that the Agreement has not been canceled as provided therein. This Agreement may be terminated by either party without cause at any time upon thirty (30) days written notice. In the event of termination pursuant to this paragraph, the Attorney shall complete each case assigned him through final adjudication or disposition of the case by the Court in and for Indian River County and shall be paid as provided for in this Agreement. 19. The Attorney shall not be prohibited from engaging in the private practice of law, providing that no private cases shall be accepted which knowingly causes it conflict of interest to arise wherein the Attorney would be unable to represent any indigent person. Should the Attorney believe that an indigent referred to him does not qualify for his services, the Attorney shall immediately so advise the indigent person, parents, or guardian, as the case may be, the Court, the State Attorney, and the County. In no event shall the Attorney accept anything of value as consideration for services rendered to any indigent referred to the Attorney by the Court, except from the County. The Attorney shall not charge any indigent, or his family or guardian, as the case may be, nor receive any fee or payment from any indigent or his family or guardian or other person, for services rendered pursuant to this Agreement in excess of the agreed-upon contract rate of this Agreement. 40 C-1 20. The Attorney agrees to operate continuously throughout the terms of this Agreement with at least the minimum number of staff required to deliver the program. services outlined herein. 21. Notwithstanding the provisions of Paragraph 18, the failure of the Attorney, or his associates or employees, to comply with the terms of this Agreement and any reasonable directions by, or on behalf of the Court, issued pursuant hereto, shall constitute a material breach of the Agreement by the Attorney, and, in addition to any other remedy authorized by law, the County shall have the right to terminate said Agreement upon fifteen (15) days written notice to the Attorney. Failure to exercise this right of termination shall not constitute a waiver of such right, which may be exercised at any subsequent time. At the option of the County, this Agreement shall terminate upon the happening of any of the following: a) Violation of any material provisions of the Agreement; b) Substantiated complaints by the trial judges, members of the selection committee, or indigent clients that the Attorney is not providing the level of professional legal services required under this Agreement or the Rules Regulating The Florida Bar. c) Institution of proceedings by, or against, the Attorney under the bankruptcy laws of the United States; d) Discovery by the County that this Agreement was obtained through fraud by commission or omission; e) Suspension of business operations, failure or receivership of the Attorney; 0 Any assignment of this Agreement without prior approval of the County; g,) Failure of the Attorney to continue in good standing with The Florida Bar. it is understood that the above -noted items are not exclusive of any other causes for termination, and failure of the County to exercise its right to terminate shall not constitute a waiver of such right, which may be exercised at any subsequent time. In the event of termination or cancellation pursuant to this paragraph, the Attorney shall cease to continue representation of persons in all cases assigned to hint and retain or distribute all files pursuant to The Rules Regulating The Florida. Bar, The Attorney shall be paid as provided in Paragraphs S, if applicable; for cases upon which the Attorney has begun performance at the time of termination, the Attorney shall be paid as provided for in Resolution 98-96. OR 410 22. No waiver by either party of any existing default by the other party shall be deemed to waive any subsequent default by such party. 23. All rights hereunder are cumulative, not alternative, and are in addition to any other rights given by law. 24. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified or registered avail, return receipt requested, first class, postage prepaid, and addressed as follows: If to County: Indian River County Administrator 1840 25th Street Vero Beach, FL 32950 If to Attorney: Hammond & Smith, P.A. 1405 21st Street Vero Beach, FL 32960 With a copy to: Indian River County Attorney 1840 25th Street Vero Beach, FL 32964 With a Copy to: Indian River County Administrator 1840 25th Street Vero Beach, FL 32950 25. It is understood and acknowledged there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by the County to the Attorney with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Agreement unless such negotiations, arrangements, brochures, agreements, and understandings are specifically incorporated herein. 26. It is agreed if any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement, and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 27. This Agreement may be modified only by mutual written agreement of both parties. 28. The various rights, options, elections, powers and remedies contained in this Agreement shall be construed as cumulative, and no one of them shall be exclusive of any of the others or of any other legal or equitable remedy which either party migHT • 40 otherwise have in the event of breach or default in the terms hereof, and the exercise of one right or remedy by such party shall not impair its right to any other right or remedy until all obligations imposed upon the other party have been fully performed. 29. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal action to enforce any obligations contained herein, it is agreed tate venue of such suit or action shall be in Indian River County, Florida; and both parties hereby waive any defense to the contrary. Although the printed provisions of this Agreement were drawn by the County, this Agreement shall not be construed either for or against the County or the Attorney, but shall be interpreted in accord with the general tenor of this language. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated. Executed by the County this ?3 day ofd. , 1999, ATTEST: J. K. Barton, Clerk BOARD OF COUNTY IOMMISSIONERS INDIAN RIYHR COUNTY FLORIDA B . By: Deputy Clerk v Kenneth R. Macht, Chairman Accepted and executed by the Attorney this e day ofF��RvL '1999. Witnesses to Attorney: Witnesses to Attorney: HAMMOND AND SMITH, P.A. MICHAEL BERRY, P.A. By. lnpza Fir Ar G7 r1p{f OVCd ❑�liP APPROVED AS TO FORM AND CORRECTNESS: Admlrt h1;�rlA�et By: County Attorney ;-tisk hear. Accepted and executed by the Attorney this e day ofF��RvL '1999. Witnesses to Attorney: Witnesses to Attorney: HAMMOND AND SMITH, P.A. MICHAEL BERRY, P.A. By. GJ E3 PROPOSAL TO PROVIDE LEGAL REPRESENTATION FOR INDIGENT PERSONS IN DEPENDENCY CASES Submitted on January 4, 1999 The law firms of Hammond and Smith, P.A. and Michael F. Berry, P.A. hereby submit the following proposal for legal representa- tion of indigent persons in dependency cases. 1. The names and addresses of the proposing firms are: Hammond and Smith, P.A. 1405 21st Street Vero Beach, FL 32960 Telephone (561)567-5190 Michael F. Berry, P.A. 2145 15th Avenue Vero Beach, FL 32960 Telephone (561)778-9506 If this proposal is accepted by Indian River county, Katharine R. Hammond of Hammond and Smith, P.A. shall administer the contract, assign cases, receive payment from the county, and disburse fees to participating attorneys. 2. In addition to Katharine R. Hammond, Bruce J. Smith and Michael F. Berry, the following attorneys will be assigned to represent clients: Kevin Maawilliam, Esq. 1517 20th Street, Suite 4 Vero Beach, FL 32960 Telephone (561)564-611.2 and James G. Harpring, Esq. 1517 20th street Vero Beach, FL 32960 Telephone (561)978-7739 A description of each attorney's educational background, experience in litigation, dependency cases handled within the past two years, and percentage of practice being dependency work is attached hereto. 3. it is proposed that the following sums be paid for legal representation in dependency cases: I. FOR EACH COURT APPOINTED DEPENDENCY CASE, INITIAL. PAYMENT IS MADE AT THE FIRST OF THE FOLLOWING PHASES Ov A PER PARENT OR PER CUSTODIAN BASIS: • 40 A. Adjudication of Dependency following Dependency trial; or B. Dismissal of Petition; or C. A Court -approved Final Stipulation or Agreement is entered by the parties; or D. The two (2) year date set forth in Paragraph IV below is reached; or E. Adjudication of Dependency following entry of a Consent to or Admission of the Dependency Petition ..............,.I ..........................$950.00 II. FOR EACH COURT APPOINTED DEPENDENCY CASE WHICH GOES BEYOND THE ADJUDICATION OF (OR WITHHOLD OF ADJUDICATION OF) DEPENDENCY PHASE, QR FOR EACH COURT APPOINTED DEPENDENCY CASE WHICH BEGINS AFTER THE ADJUDICATION OF (OR WITHHOLD OF ADJUDICATION OF) DEPENDENCY, PAYMENT IS MADE AT THE FIRST OF THE FOLLOWING PHASES ON A PER PARENT OR CUSTODIAN BASIS: A. Child(ren) returned to parents and supervision is terminated and/or attorney is discharged; Or B. Child(ren) placed in hong term relative placement and supervision is terminated and/or attorney is discharged; or C. Child(ren) are emancipated; or D. The two (2) year date set forth in Paragraph IV below is reached; or E. Petition for Termination of Parental Rights is ailed......................................$950.00 III. AFTER A TERMINATION OF PARENTAL RIGHTS PETITION IS FILED, PAYMENT IF MADE WREN A DISPOSITION ORDER IS ENTERED ON A PER PARENT OR CUSTODIAN BASIS ............. $800.00 for up to 20 Hours of legal work after the Petition for Termin- ation of Parental Rights is filed and $40.00 per hour thereafter. IV. EXTRAORDINARY CASES: If an attorney -appointed case exists in the Dependency system in PHASES I and/or II for a period of two (2) years from the date of the filing of the Verified Shelter Petition and the Attorney's appointment is continued by the Court, the cage shall be deemed an extraordinary case. Thus, in those cases, the case will be deemed to have completed that Phase, and payment of $950.00 pursuant to Paragraph Ii will be made. ATTORNEYS shall submit a report of the additional hours of work associated with said case, and shall be compensated at $40.00 per hour fo.. work performed beyond the two year date. Should a case involving Termination of Parental Rights reach the trial stage, it shall be considered an 40 extraordinary case. Thus, ATTORNEYS shall submit a report of the additional hours of work associated with trial preparation and trial of the case after the Petition for Termination of Parental rights was filed, and shall be compensated at $40.00 per hour for work performed beyond the twenty (20) hours encompassed by the $800.04 flat fee. 4. The following items shall be included in the above-described fees: office overhead expenses including support staff, photo- copying, long distance telephone calls, local mileage, parking, office supplies, office space, malpractice insurance premiums, and all materials, equipment and facilities necessary for the support of personnel in the performance of legal services under this Agreement. The following items shall be expenses incurred by COUNTY or reimbursed to ATTORNEYS as applicable: A. Investigative Fees; B. Expert witness Fess; C. Interpreter Fees, D. Court Reporter Fees; E. out of County Travel Costs; F. Transcription Costs; G. Process Serving; and H. Service of Subpoenas per Statute. 5. ATTORNEYS shall, in each case in which he/she is appointed by the Court, render to and on behalf of his/her client all professional legal services reasonably required therein from the time of appointment to, and including filing of a Notice of Appeal. ATTORNEYS shall only be responsible for representation of the indigent person under this proposal until said Notice of Appeal is Piled. Respectfully submitted, Katharine R. LHammd Bruce J. Smith Michael F. Berry enclosures: attorney information 40 Hammond and Smith, P.A. 1405 21st Street Vero Beach, Florida 32960 telephone: (561)567-5190 facsimile; (561)567-5876 KATHARINE R. HAMMOND has a member of the Florida Bar since 1984 and a member of the Tennessee Bar since 1977. She graduated from Memphis State University School of Law in 1977..She served as an assistant public defender and assistant city prosecutor for the City of Memphis from 1977 until 1979. From 1979 until 1980, she served as an attorney for the Department of Human Services for the State of Tennessee, where she represented the Department in dependency and termination of parental rights cases and trials. She was an assistant public defender with the Shelby county Public Defender's Office in Memphis, Tennessee, from 1984 until 1982. From 1984 until 1988 she served as an assistant public defender in Vero Beach and Fart Pierce, Florida, where she represented hundreds of clients charged with felonies and misdemeanors. Since 1988 Ms. Hammond has been in private practice with the firm of Hammond and Smith, P.A. Her private practice consists of criminal, dependency and termination of parental rights cases. She has handled all aspects of criminal law, including juvenile delinquency, misdemeanor and felony offenses and has tried numerous cases. Within the past two years, she and her firm have handled an increasing number of dependency and termination of parental rights cases, currently totalling a third of the firm's practice. Ms. Hammond has represented more than 30 parents in the past two years in Dependency Court. The nature of her dependency work includes representing parents at Shelter Hearings, Arraignments, Mediations, Pre-trial Motions, Depositions, Trials, Case Plan conferences,. Dispositions, Case Plan Reviews, Administrative Reviews, Status Conferences and Post -disposition Motions. BRUCE J. SMITH is a 'member of the Florida Bar who graduated from the Florida State University college of Law in December, i980. He served as an assistant public defender in Vero Beach and Fort Pierce, Florida from 1982 until 1988, and has been in private practice with the law office of Hammond and Smith, P.A. since leaving the office of the Public Defender. While with the Office of the Public Defender, Mr. Smith served as Chief Assistant Public Defender. He has handled hundreds of felony, misdemeanor and juvenile cases. Mr. Smith's private practice consists of criminal, dependency and termination of parental rights cases. He, like Ms. Hammond, has handled all aspects of criminal law, including juvenile delinquency, misdemeanor and felony offenses and has tried numerous cases. Within the past two years, the firm has handled an increasing number of dependency and termination of parental rights cases, now constituting a third of the firm's caseload. Mr. Smith. has representRd approximately 10 parents in the past two years in C-1 Dependency Court. The nature of his dependency work includes representing parents at Shelter Hearings, Arraignments, Mediations, Pre-trial Motions, Depositions, Trials, Case Plan Conferences, Dispositions, Case Plan Reviews, Administrative Reviews, Status Conferences and Post -disposition Motions. 40 I- I ATTORNEY CREDENTIALS Michael Berry is a practicing Attorney with a primary area of concentration in domestic and criminal. law. During the past several. years, Mr. Berry has participated in approximately 8 to 10 dependency cases and is well qualified to handle these matters. Mr. Berry has a degree in Business Administration, a Masters Degree in Business and his Juris Doctorate Degree. Having practiced for the last 13 years in the Indian River County Court System, as well as other Florida Courts, Mr. Berry is qualified to handle assigned domestic cases. MICHAEL F. BERRY, P.A. 2145 15TH Avenue Vero Beach, FL 32960 (561)778-9506 C-1 W Kevin MacWilliam, Esquire 1517 20th Street Vero Beach, FL 32960 561-554-6112 KEVIN MACWILLIAM has been a member of the Florida Bar since September 1993, following his graduation from St. Thomas University School of Law. He practiced property law for approximately one year before joining the State Attorney's Office ut Ianuary 1995. 'There, lie served as an assistant state attomey in Fort Pierce and Stuart, Florida until March 1998, when he resigned and opened his own law office in Vero Beach. While with the State Attorney's Office, Mr. MacWilliam prosecuted hundreds of felony and misdemeanor cases, trying in excess of fifty jury trials during Ws three-year tenure. His private practice consists primarily of criminal cases with the addition of appointed dependency cases. Mr. MacWilliam is also a member of the Federal Bar and admitted to practice in the U.S. District Court for the Middle District of Florida and the U.S. District Court for the Southern District of Florida. • 4& James G. Harpring, Esquire 1517 201i Street Vero Beach, FL 32960 561-979-7799 James G. Harpring earned his Juris Doctor from New England School of Law in Boston, MA and has been a member of the Florida Bar since 1990. He served as an Assistant Public Defender from 1990 through 1997. In that capacity he was sole counsel on over 110 felony jury trials, including first-degree murder and other capital cases. He was, at various times, also responsible for juvenile and misdemeanor cases. In private practice since 1997, he has broadened his area of practice to include family law and dependency cases as well as contract issues for both individual and corporate clients. Mr. Harpring is an Adjunct Faculty member at Indian river Community College and Nova Soutlicastem University teaching courses in family law, criminal law, constitutional law, administrative law, torts, contracts, and wills, estates and trusts. He is Board Certified in Criminal Trial Law by the Florida Bar. He also is a member of the Federal Bar, admitted to practice in the Northern and Southern Districts of the United States District Court in Florida, as well as before the United States Supreme Court. AD 22. No waiver either party of any existing default by the other party shall be deemed to waive a� y subsequent default by such party. 23, All rights here der are cumulative, not alternative, and are in addition to any other rights given by w. 24. All notices or of deemed duly given if , receipt requested, first If to County: Indian River County Admini 1840 25th Street Vero Beach, FL 32960 nunications hereunder shall be in writing and shall be in person or sent by certified or registered mail, return stage prepaid, and addressed as follows: j�If to Attorney:. 4 25.It 'ss u cn=6 and acknowledged th i parties hereto affecting this Agreement and th, and all previous negotiations, arrange, understandings, if any, between the parties he Attorney with respect to the subject matter th With a copy to: Indian River County Attorney 1840 25th Street Vero Beach, FL 32960 With a Copy to: Indian River County Administrator 1840 25th Street Vero Beach, FL 32960 are no oral agreements between the Agreement supersedes and cancels any nts, brochures, agreements and !t or displayed by the County to the reo and none thereof shall be used to interpret or construe this Agreement unless s It negotiations, arrangements, brochures, agreements, and understandings are specific y incorporated herein. 26. It is agreed if any provision of this Agreement shall kdetermined to be void by any court of competent jurisdiction, then such determinatiot hall not affect any other provision of this Agreement, and all such other provisions s ll remain in full force and effect; and it is the intention of the parties hereto if a provision of this Agreement is capable of two constructions, one of which would r der the provision void and the other of which would render the provision valid, then t provision shall have the meaning which renders it valid. 27. This Agreement may be modified only by mutual written agreemea of both parties, 28. The various rights, options, elections, powers and remedies contained in this Agreement shall be construed as cumulative; and no one of them shall be exclusive of any of the others or of any other legal or equitable remedy wh:-lt either party might 40 i 5. From Mar+ hal, 1999 througCFary 29,),wdhich he County shall pay to the Attorney in accor�ce with theey s is incorporated herein by reference. G. The following itemss\hall be included within the fee set out in Paragraph 6 above: a) Photocopying, long Nstance phone calls, in -county mileage, parking, office supplies, office space, an all materials, equipment, and facilities necessary for the support of personnel in th performance of legal services under this Agreement. b) The following items are of included within those fees and are separately reimbursable by the County on submission of documentation as required by the Finance Director: Expert witness fees, court interp eters, process serving, investigative fees, out -of - county travel costs pursuant to Sec 'on 112.QG1, Florida Statutes, and transcripts. Prior approval of the trial judge shall required for reimbursable costs for expert witness fees, court interpreters and inv tigative fees. All transcript costs shall be paid at the rate set out in the current Ad inistrative Order and the Attorney shall follow deposition procedures of taping positions, rather than having a court reporter in attendance, except by prior aper val of the court. 7. The Attorney shall be paid monthly for re bursable costs and the personal services rendered hereunder in those cases in whithere was final adjudication or disposition in the preceding month. 8. The Attorney shall keep proper records to enable tl, County to establish the cost of representing all categories of persons in Court prate d'sngs and shall make such records available to the County in any proceedings to recover such costs from whomever may be obligated to reimburse the County. TAttorney shall supply information and statistics when requested by the County. 9, The Attorney agrees to make available to the Countyfor spections, without restriction, all books, statements, ledgers, and other financial r ords relating to services under this Agreement for a period of five (S) years from the t\busi n of this Agreement, or until all Federal/State audits are complete for this fischichever is sooner, unless ordered sealed by the Court. All financial recordskept, or made available to the County at the Attorney's principal place owithin Indian River County. i • t REQUEST FOR PROPOSALS (RFP) TO PROVIDE LEGAL REPRESEN'T'A'T'ION FOR DEPENDENCY CASES FOR INDIGENT PERSONS RFP- 9035 The Indian Diver County Board of County Commissioners (Board) is requesting proposals from members of the Florida Bar for legal representation in dependency cases where the court appoints counsel for indigent persons. The closing date for submittal of proposals is 2:00 p.m. local time on Monday, January 4, 1999 , at the Indian River County Purchasing Division, 2625 19th Avenue, Vero Beach, FL 32960, BACKGROUND By 98-403, Laws of Florida, Section 39.0134 was amended to require that compensation, for court appointed counsel for indigent persons in dependency cases, shall be established by each County effective October 1, 1998. As an interim measure the County adopted Resolution 98-96 which established compensation at $75.00 per hour in court and $65.00 per hour out of court. In similar a situation for non -capital felonies misdemeanor, the County has issued an RFP and has contracted for these services at a flat rate. This contract approach is the subject of this RFP. SCOPE OF WORK The goal of this proposed contract is to provide representation for indigent persons who are entitled counsel in dependency cases. The attorney, group of attorneys, or attorney firm (hereinafter referred to as "Attorney") will provide complete legal services for the indigent person that he is appointed to represent under the terms of the Contract. The Attorney shall assume full responsibility for furnishing associate counsel necessary to assist Attorney in providing daily representation. The Attorney shall provide personnel ancillary to the furnishings of legal services, office space, evidence of liability insurance, all materials, equipment, supplies and facilities necessary for the support of the personnel in the performance of these legal services. The negotiated contract will specify those costs and expenses which are to be included in the fee and those which are reimbursable. Attorney shall in each case in which lie is appointed by the Court render to, and on behalf of, his client all professional legal servir.es reasonably required therein from the time of appointment by the court up to, and including, final adjudication or final disposition of each case. Attorney shall, in every case of appointment to represent indigent persons under this procedure, comply with ail 01 the i 40 requirements of the Code of Professional Responsibility and the Disciplinary Rules of the Florida Bar. The Contract(s) will be awarded for a one-year term by the Indian River County Board of County Commissioners. The method of compensation is to be a flat fee per case basis or a lump sum bid for all cases, or a per hour basis. The Attorney will be paid monthly for personal services rendered under the provisions of the Contract For diose cases reaching final adjudication in the proceedings month if the contract is a flat fee per case basis or per hour basis or one twelfth of the lump sum per month, if applicable. PROPOSAL REQUIREMENTS The proposal shall include and specifically address each of the following items: 1. Name of firm with the address and telephone number. 2. The number, name, experience and qualifications of each attorney to be assigned to each contract. This should include a description of the educational background of each attorney. 3. The names(s) of the lead attorney(s) who will assume responsibility for execution of the obligations of each contract. 4. A description of the attorney's experience in litigation, including types and complexity of cases. 5. The percentage of the firm's practice constituting dependency work; a description of the nature of said work, including type and approximate number of cases. b. The number of dependency cases handled by each attorney named above during the past two (2) years. 7. Flat fee per case or per hour or lump sum shall include the personal service fee, photocopying, long distance phone calls, mileage, parking, office space, and any and all necessary equipment. Items not included in the flat fee, per hour, or lump sum are expert witness fees, court interpreters, process service and necessary investigators. PROPOSAL EVALUATION AND SELECTION All proposals will be submitted to a selection committee consisting of the Chief Judge of the Nineteenth judicial Circuit or his designated representative, the County Attorney or his designated representative, and a member of the Indian River County Bar Association who is not an applicant under this RFP, The committee, in its sole discretion, may elect r 40 to interview all, any or none of the Attorneys presenting proposals. The contract will be awarded for a one year term by the Board with renewals. Responses to this Request for Proposals will be evaluated on the basis of: 1. Professional qualifications of the attorneys and staff to represent indigent persons. 2. Timely availability to meet the needs of the court; and 3. Proposed flat fee per case or per hour or lump sum. Indian River County reserves the right to reject any or all proposals submitted. Further, these proposals may form the basis for further negotiations between the County and the Attorney, in the discretion of the County. SU13MISSION OF PROPOSAL An original and four (4) copies of each proposal must be submitted in a sealed envelope bearing on the outside the name of the Proposer, its address, and the words "Indigent Representative Contract Bid - Due Monday January 4, 1999 at 2:40 P.M." All proposals either mailed or walked in will be received at the Indian River County Purchasing Division, 2625 19th Avenue, Vero Beach, FL 32964, until 2:00 P.M. on Monday, January 4, 1999 . Proposal received after 2:00 p.m. on the date specified above, will be returned unopened, A copy of the proposed contract is available in the Office of the County Attorney for review.