Attorney Services Indigent Criminal Defense - Felonies and Misdemeanors

PURCHASING DIVISION
Joni Laming, Manager
(616) 632-7720
purchasing@kentcountymi.gov
SOLICITATION
Solicitation Type Request for Proposal (RFP)
Solicitation Number 6689
Description Attorney Services Indigent Criminal Defense - Felonies and
Misdemeanors
Date of Issuance 8/21/2026
Inquiries Deadline Date & Time (local) 8/28/2026, 2 PM
Due Date & Time (local) 9/4/2026, 2 PM
Pre-Submission Conference No
Buyer Name LaBudde
INTRODUCTION
The Kent County Purchasing Division is soliciting proposals for attorney services for indigent criminal
defense attorney services for defendants charged with felony and misdemeanor counts. This RFP is not
for Family Division cases.
Contract will be from October 1, 2026, through September 30, 2027, with renewal subject to contract
terms (e.g. maintain SBM licensure, meet all MIDC standards).
Criminal Cases
The County intends to establish contract prices for defense services and contract with attorneys who
agree to accept representation of indigent defendants in criminal cases at the contract rates. Contracts
will be between the County and individual attorneys. Contracts will cover new felony and misdemeanor
cases, with allowances for probation violation hearings, lineups, fugitive hearings, investigative subpoena
hearings, PPO violation hearings, and show cause hearings.
Attorneys interested in accepting appointments for cases under this arrangement must agree to accept
randomly drawn cases as assigned by the County's Indigent Defense Administrator. The County has
established hourly rates per type of case. There is no cap to the number of hours that may be billed per
case. The pay scale is as follows:
* Misdemeanors, PPO violation, and show cause hearings: $135 per hour;
* Low severity felonies: $160 per hour;
* High severity felonies: $175 per hour;
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* Capital felonies and investigative subpoena hearings: $220 per hour
Attorneys will be required to bill in quarter-hour increments for their work on cases. Invoices must be
submitted via the County-supplied mechanism on a monthly basis. Failure to submit monthly invoices
when case activity has occurred may lead to suspension of further appointments and termination of the
contract.
Attorneys will be required to submit monthly reports certifying their compliance with other Indigent
Defense standards, including, but not limited to, initial interviews with defendants. By submitting a
response to this RFP, attorneys agree to use all available technology to comply with MIDC standards
(including but not limited to the ICS jail visitation system). The County reserves the right to dictate the
format and manner of submission of the required reporting, including the preclusion of handwritten
documents.
Individual attorneys will be held responsible for cases to which they are appointed and handling
compensation for other attorneys related to such cases subject to all contract terms: including but not
limited to, securing qualified coverage by another approved OPD roster attorney.
Attorneys awarded contracts will be required to show proof of professional liability insurance on
themselves, applicable to the services to be rendered, of at least $1,000,000 each occurrence and
aggregate for any and all liability arising through acts of the attorney under the above agreement.
Training Requirements
Pursuant to MIDC standard 1, all attorneys providing indigent defense services are required to complete
12 cred hours of Continuing Legal Education (CLE) per year. Included in or in addition to those 12 credit
hours must be 1 hour relating to forensics e.g. DNA, blood spatter, SANE exams, fingerprinting, ballistics,
etc.) 1 hour relating to technology (e.g. cell phone evidence, cybersecurity, effective use of technology in
trial, etc.), and 1 hour relating to ethics. All attorneys on the criminal list will be required to utilize CE
Broker to post credits for required training. It is acceptable to complete the 3 specific CLE courses within
your 12-hour allotment, but if an attorney is unable to do so, then any of the additional required credit
hours in the specified areas must be completed separately. New attorneys to the list will be required to
complete some initial training and orientation, and may, depending on the case type, also be required to
develop a relationship with an attorney mentor.
Other Requirements
Any attorney put on the appointment list will be required to fulfill the following responsibilities.
* Meet and provide documentation of compliance with MIDC standard 2 of meeting with their
client within 72 hours of the appointment if that client is in custody. If the attorney is unable to
conduct an in-person visit, it is expected that attorneys will make use of the ICS video
conferencing technology. If a client is out of custody, the attorney must list how they attempted
to contact (e.g., letter, phone call, or email) and verify there was an interview prior to any
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subsequent court hearing.
* 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.
* Comply with billing/invoicing instructions provided by the County. This includes an agreement
for the County to pay via electronic funds transfer (EFT).
* Allow publication of their email address for purposes related to indigent defense.
* Provide updated certificates of insurance as they are issued to the attorney during the term of
the agreement.
* Execute a contract with the County that embodies the County's standard professional services
terms and conditions in addition to the terms outlined in this RFP.
* Payment for attorney services will be paid solely based on submitted invoices.
RFP Specifications
Responses to this Request for Proposal must include the following information:
* Indigent Defense Services Preference Sheet Including:
o The name of individual attorney to be assigned cases
o A statement indicating willingness to accept homicide or potential life-sentence cases
o The number of cases interested in accepting subject to MIDC Standard 7 qualifications.
o The minimum number of cases to be put on the roster is ten (10) for October 1, 2026,
through September 30, 2027. Attorney must accept a minimum of ten (10) cases
annually to stay on the roster.
o Applicant cannot be providing prosecution services of any kind.
o A brief statement of how cases will be covered in case of illness or other absence
* Resume of participating attorney
* List detailing:
o Number and type of trials completed to verdict in the last 5 years
* A copy of current proof of liability insurance
All responses to this proposal will be evaluated first by a neutral Purchasing Department review of
minimum qualifications; then by OPD management. Preference may be given to attorneys who currently
provide criminal defense services to indigent defendants. The County in no way warrants or guarantees
that the attorney will be appointed to the number of cases requested, as the number of cases requiring
appointments is outside the County's control. There may be more, or fewer appointments made during
the contract term.
The Office of the Public Defender as the appointing authority for the local funding unit has the sole right
to determine if a contract will be issued to any attorney responding to this RFP.
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The Kent County Standard Submission Terms posted on the Bid Opportunities page of the Kent County
Purchasing Division website are incorporated by reference and shall be deemed to have the same force
and effect as if fully set forth herein.
INQUIRIES
Any and all communication regarding this Solicitation shall be on the Kent County Purchasing Division
Inquiry Blog via the Bid Opportunities page or during pre-proposal meetings. Kent County reserves the
right to determine the response format or not respond, at its sole discretion.
REQUEST FOR PROPOSAL SUBMISSION
Complete submissions must be received in the Kent County Purchasing Division on or before the due
date/time specified by the designated clock (local time). Late, faxed, or emailed submissions will NOT be
considered.
Submissions may be submitted electronically on the Bid Opportunities page of the Kent County
Purchasing Division's website. Respondent must include a complete proposal as 1 non-password
protected PDF document.
The Indigent Defense Services Preference Sheet (Attached) and required supporting documents
must be combined into one PDF document and submitted online.
The time required to upload a submission may vary. Respondent assumes all risks associated with
electronic submission, including technological difficulties, and deems the County and its service provider
harmless and without fault. 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 after 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.
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Misdemeanors Homicide/Capital
Low Severity Felonies High Severity Felonies
Case Quantity Preference:
No more than 10 No more than 20 No more than 30 No limit
Do you handle appointed cases in any other county? Yes No
If Yes, what counties: _______________________________________________________________________________________
Do you agree to monthly report your current appointed caseloads from other counties? Y N
How long have you practiced criminal law: _______________________________________________________
Number of trials for which you've been
st
1 Chair: ________________________
Number of trials for which you've been
nd
2 Chair: ________________________
Number of misdemeanor trials submitted to jury: _________________________
Number of felony trials submitted to jury: ________________________________
I agree to receive random appointments of
at least 10 annually.
cases Yes No
I agree that, in addition to the case types assigned above, I may be assigned PPO violations, FOCs, fugitive hearings,
probation violations, show causes, and investigative subpoenas. Yes No
I agree that if I do not reject an assigned case within
6 business hours of appointment
, I will remain counsel of
record. Yes No
If a client with an active felony case commits a misdemeanor in Kent County District Courts, I agree to accept
representation for the misdemeanor. Yes
**Please
No
also attach: your resume, list of number and type of cases tried to verdict (or substantially similar to
verdict), copy of current proof of liability insurance $1m each occurrence/$1m
KENT COUNTY APPOINTED ATTORNEY PREFERENCE SHEET
Attorney Name:
aggregate.**
________________________________________________________ P Number: ________________________
Attorney Business Address: _____________________________________________________________________________________
Attorney Email: _____________________________________________ Attorney Phone #: _______________________________
(Optional) Assistant/Paralegal Contact Info: __________________________________________________________________
What type of cases do you wish to handle?
Do you currently provide prosecution services per MCL
(you may select more than one):
YES NO
761.1
?

AGREEMENT FOR THE PROVISION OF INDIGENT DEFENSE SERVICES
THIS AGREEMENT is made between the County of Kent, a Michigan municipal corporation (the
"County"), with a principal place of business at County Administration Building, 300 Monroe Avenue NW,
Grand Rapids, MI 49503-2206 and [Attorney] ("Attorney"), with a principal place of business at
[ADDRESS].
IT IS HEREBY AGREED AS FOLLOWS:
1. Exclusive Agreement. This Agreement, including exhibits attached hereto, constitute the entire
Agreement between Attorney and County for the scope of services on Exhibit A for the Term of this
Agreement.
The Agreement includes the following documents which are incorporated herein by reference and
are deemed to be part of this Agreement as if set forth in full herein and, in the event of
inconsistencies between the documents, shall govern in the order listed:
a. This Agreement
b. Attorney's application for a place on the County's indigent defense attorney roster
c. All Provisions required by law to be inserted in this Agreement whether actually inserted or
not.
2. Term of Agreement. The term of this Agreement shall begin on [DATE] and shall continue for a until
September 30, 2026 (the "Initial Term"). This Agreement will automatically renew for additional
successive twelve (12) month periods thereafter (a "Renewal Term"), unless notice is given by the
party wishing to cancel the Agreement no later than thirty (30) days in advance of the Renewal
Term. "Term" shall mean the Initial Term and any Renewal Term. All provisions of this Agreement
shall apply to all Services and all periods of time in which Attorney renders services for the County.
3. Termination of Agreement.
a. With reasonable cause: Either party may terminate this Agreement immediately by giving
written notice of termination to the other party, specifying the reasonable cause for
termination. For purposes of this Agreement, reasonable cause shall be defined as: a
material violation of this Agreement; any act or omission by the non-terminating party that
exposes the terminating party to liability for personal injuries or damage to property, real or
personal; or for failure to meet performance expectations. The County may terminate with
cause if the Attorney has not performed or unsatisfactorily performed the duties and
obligations required by this Agreement.
b. Without cause: This Agreement may be terminated on 15 days written notice by either party
to this Agreement.
4. Services to be Performed. Attorney agrees to perform for the County the services listed on the
attached Exhibit A in accordance with the performance standards contained in this Agreement. All
services, work, tasks, and actions Attorney performs and/or provides to the County pursuant to this
Agreement shall be considered "Services."
5. Performance.
a. Attorney shall perform the Services as required by and in accordance with the schedule or

time requirements set forth in this Agreement.
b. Attorney shall perform the Services in accordance with all Michigan Indigent Defense
Commission ("MIDC") standards, applicable state and federal laws, the Michigan Rules of
Professional Conduct, and the American Bar Association Model Rules of Professional
Conduct.
c. Failure to satisfactorily perform Services as required shall constitute breach of this
Agreement.
d. The County shall have the option in its sole discretion to allow Attorney to cure a breach of
this Agreement within a time period set by the County (the "Cure Period"). Failure to cure a
breach of this Agreement within the County-established Cure Period shall allow the County
to, without further notice to Attorney, declare this Agreement terminated and proceed with
the replacement of Attorney and the County shall be entitled to all remedies available to it
at law or in equity.
6. Expenses. Attorney shall be responsible for all Attorney's expenses incurred while performing
Services under this Agreement. This includes but is not limited to license fees, memberships and
dues; automobile and other travel expenses; meals and entertainment; insurance premiums;
telephone; technology devices, software, internet connection and data usage fees; all salary/payroll
expenses, and other compensation paid to employees or contract personnel that Attorney hires to
complete the Services under this Agreement. The sole exception will be those expenses for which
Attorney requests coverage in advance and which are approved in advance by the County's indigent
defense program, Office of the Public Defender, such as expenses for experts and investigators.
Attorney agrees to follow directions provided by the County or updates to such directions on seeking
approval for such expenses in advance. County may also, at its discretion, use approved funding
provided by the MIDC to provide certain memberships to Attorney that directly benefit the provision
of indigent defense services.
7. Materials. Attorney will furnish all materials, equipment and supplies used to provide the Services
required by this Agreement.
a. Permits and Licenses. Attorney declares that Attorney has complied with all federal, state, and
local laws requiring business permits, certificates, and licenses required to carry out the
Services to be performed under this Agreement.
8. Payment and Terms of Payment. In consideration for the Services to be performed by Attorney,
County agrees to pay Attorney the compensation as set forth on Exhibit B. Compensation may be
increased based upon grant applications approved by the MIDC.
9. Independent Contractor Status. The parties agree that Attorney is an independent contractor, and
that neither Attorney nor Attorney's employees nor contract personnel are, or shall be deemed to
be, employees of County. In its capacity as an independent contractor, Attorney agrees to and
represents the following:
a. Attorney has the right and does fully intend to perform services for third parties during the
Term of this Agreement.
b. Attorney has the sole right to control and direct the means, manner, and method by which
the services required by this Agreement will be performed.
c. Attorney has the right to perform the services required by this Agreement at any place or
location and at such times as Attorney may determine. This right is restricted by
requirements of the courts and individual trial judges regarding dockets and appearances

and the MIDC's initial interview standard (Standard 2).
d. The services required by this Agreement shall be performed by Attorney, or Attorney's
employees or contract personnel, and County shall not hire, supervise, or pay any assistants
to help Attorney.
e. Neither Attorney nor Attorney's employees or contract personnel shall receive any training
from County in the professional skills necessary to perform the services required by this
Agreement. This does not diminish or remove Attorney's obligation to meet continuing legal
education requirements imposed by the Michigan Indigent Defense Commission ("MIDC").
f. Neither Attorney nor Attorney's employees or contract personnel shall be required by
County to devote full time to the performance of the services required by this Agreement.
g. The parties acknowledge and agree that County is entering into this Agreement with reliance
on the representations made by Attorney relative to its independent contractor status.
10. Benefits. Attorney understands that neither Attorney nor Attorney's employees or contract
personnel are eligible to participate in any employee pension, health, vacation pay, sick pay, or other
fringe benefit plan of County.
11. Workers' Compensation. County shall not obtain workers' compensation insurance on behalf of
Attorney or Attorney's employees. If Attorney hires employees to perform any Services under this
Agreement, Attorney will cover them with workers' compensation insurance and provide County
with a certificate of workers' compensation insurance before the employees begin Services.
12. Unemployment Compensation. County shall make no state or federal unemployment compensation
payments on behalf of Attorney or Attorney's employees or contract personnel. Attorney will not be
entitled to these benefits in connection with Services performed under this Agreement. If an
Attorney (or Attorney's employee) files a petition for and receives unemployment compensation
from the County, Attorney shall reimburse the County for the total amount of unemployment
compensation awarded to and received by Attorney (or Attorney's employee) or such amount shall
be deducted from and be an offset against the amount of compensation due and payable to
Attorney by County under this Agreement.
13. State and Federal Taxes.
a. County will not withhold FICA (Social Security and Medicare taxes) from Attorney's
payments or make FICA payments on behalf of Attorney or Attorney's employee or other
personnel, or make state or federal unemployment compensation contributions, or withhold
state or federal income tax from or on behalf of Attorney or Attorney's employees or other
personnel.
b. Attorney shall pay all taxes arising from or incurred while performing services under this
Agreement, including all applicable income, FICA, workers compensation, and/or
unemployment taxes. On demand, Attorney shall provide County with proof that such
payments have been made.
14. Indemnification. Attorney, as an independent contractor, agrees to indemnify, defend, and hold
harmless County from any and all liability arising out of or in any way related to Attorney's
performance of services during the Term of this Agreement, including any liability resulting from
negligent, grossly negligent, intentional or reckless acts or the acts of the employees or agents of
Attorney. If specific insurance is required, such insurance shall be set forth in the attached Exhibit C.

15. Dispute. In the event of any dispute or difference of any kind whatsoever, arising out of or in relation
to or in connection with the validity or invalidity, construction, execution, meaning, operation or
effect, change of or breach of this Agreement, which cannot be settled by the individuals who have
executed this Agreement by signature, such dispute or difference shall be referred to the Parties'
respective CEOs (or equivalents) who shall meet together with a view to resolving the same within a
period of not more than 30 days from the date of the submission. In the event that Parties'
respective CEOs are unable to amicably resolve such dispute or difference within a reasonable time,
the Parties shall be free to pursue any and all available remedies at equity or law including binding or
non-binding mediation if agreed to by both Parties.
Pending resolution of such dispute or difference and without prejudice to their rights, the Parties
shall continue to respect all their obligations and to perform all their duties under this Agreement.
16. Non-Recruitment of Personnel. During the Term of this Agreement and for a period of one (1) year
thereafter, neither party shall directly or indirectly, hire or solicit to be hired any employee of the
other party or any of that party's affiliates. This provision will not restrict the right of the either party
to solicit or recruit generally in the media and shall not prohibit the parties in the case of the other
party's employees responding to a generalized solicitation of either party.
17. Attorney Representation and Warranty Regarding Federal Excluded Parties List. Attorney
acknowledges that the County may be receiving funds from or through the Federal Government and
that such funds may not be used to pay any Attorney on the Federal Excluded Parties List (EPLS).
Attorney represents and warrants to the County that it is not on the Federal EPLS. If Attorney is in
non-compliance at any time during execution or Term of this Agreement (including any extensions
thereof), Attorney shall be in breach and the County shall be entitled to all remedies available to it at
law or equity, specifically including but not limited to recovery of all moneys paid to Attorney, all
consequential damages (including the loss of grant funding or the requirement that grant funding be
returned), and attorney fees (including the costs of in-house counsel) sustained as a result of
Attorney's non-compliance with this warranty and representation.
18. Confidentiality. Each party (the "Recipient") acknowledges that it has or may be exposed to
confidential and proprietary information of the other party (the "Disclosing Party"). For purposes of
this Agreement, "Confidential Information" shall mean any confidential or proprietary information of
a Disclosing Party that is designated in writing as confidential or would appear to a reasonably
prudent person to be non-public, confidential or proprietary in nature. Confidential Information shall
not include (i) information already known or independently developed by the Recipient without
reference to the Disclosing Party's Confidential Information; (ii) information in the public domain
through no wrongful act of the Recipient; (iii) information received by the Recipient from a third
party who was free to disclose it without obligation to the Disclosing Party or any third party; or (iv)
information disclosed by the Recipient as required by an order of a court, governmental body, or
applicable law. Contractor acknowledges that the County, as a public institution, is subject to
compliance with and disclosure of information pursuant to State and Federal Freedom of
Information Acts, Open Meetings Acts, and other applicable public records laws and agrees that
nothing in this Agreement restricts or limits the County's obligations pursuant to those laws.
Except as expressly authorized by the Disclosing Party, the Recipient shall not disclose the Disclosing
Party Confidential Information to any person or entity, except to the Recipient's employees or
agents having a "need to know" and who are subject to appropriate confidentiality policies or are

bound by appropriate confidentiality agreements. Recipient shall not use the Disclosing Party's
Confidential Information for purposes other than performing this Agreement. The Recipient shall use
at least the same degree of care in safeguarding the Disclosing Party's Confidential Information as
the Recipient uses in safeguarding its own Confidential Information, but in no event less than a
reasonable degree of care. The provisions of this Section shall survive the termination or expiration
of this Agreement. Recipient shall be responsible for any violation of the confidentiality obligations
set forth in this Agreement by third parties to which it provides the Disclosing Party's Confidential
Information.
19. Applicable Law.
a. This Agreement will be governed by the laws of the State of Michigan.
b. Attorney shall at all times comply with all applicable local, State and Federal laws, rules, and
regulations applicable to this Agreement and the Services to be done herewith, specifically
including but not limited to:
i. Michigan Indigent Defense Commission Approved Standards, ii. Michigan Rules of
Professional Responsibility, iii. The Elliott-Larsen Civil Rights Act, iv. The Americans with
Disabilities Act,
v. Occupational Safety and Health Administration (OSHA) and Michigan OSHA
requirements,
vi. Laws and regulations concerning environmental or pollution matters,
vii. Laws and regulations concerning export and/or data security and/or destruction
matters,
viii. Laws, ordinances, rules and regulations that may in any manner affect the safety of
equipment or material used in accordance with this Agreement, those employed on
the Services, and the conduct of the Services, and
ix. The Michigan Iran Economic Sanctions Act, 2012 P.A. 517.
Attorney shall indemnify and hold County harmless against any claim or liability arising from the
violation of any such provisions.
20. Jurisdiction and Venue. The parties each consent to the exercise of general personal jurisdiction over
it by the appropriate courts in the State of Michigan. Any action on a controversy that arises under
or in association with this Agreement shall be brought in the Kent County Circuit Court, State of
Michigan, which both parties agree is a reasonably convenient place for trial of the action. The
parties both agree that their consent in accordance with this Section is not obtained by
misrepresentation, duress, the abuse of economic power, or other unconscionable means.
21. No Partnership. This Agreement does not create a partnership relationship. Neither party may enter
into a contract on behalf of the other party.
22. Partial Invalidity. The partial invalidity of any portion of this Agreement shall not be deemed to affect
the validity of any other provision. In the event that any provision of this Agreement is held to be
invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect
as if they had been executed by both parties subsequent to the expunction of the invalid provision.
23. Authorization Warranty. Attorney represents and warrants that the person executing this
Agreement for Attorney is an authorized agent who has actual authority to bind Attorney to each
and every term, condition, and obligation of this Agreement and that all of Attorney's requirements
have been fulfilled to provide such actual authority.