Conflict Public Defender Services

Agency: Napa County
State: California
Type of Government: State & Local
Caegory:
  • U - Education and Training Services
Posted Date: Jul 3, 2018
Due Date: Jul 13, 2018
Solicitation No: CPD 18-1
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Bid Number: CPD 18-1
Bid Title: Conflict Public Defender Services
Category: Public Safety; Emergency; Corrections; Legal; Probation
Status: Open

Description:
Conflict Public Defender Services ? See full RFQ for required qualifications and form of contract.
Publication Date/Time:
6/19/2018 10:30 AM
Publication Information:
Napa Valley Register
Closing Date/Time:
7/13/2018 4:30 PM
Contact Person:
Leigh Sharp - leigh.sharp@countyofnapa.org
Qualifications:
See attached RFQ
Special Requirements:
See attached RFQ
Related Documents:

Attachment Preview

Request for Qualifications
Conflict Public Defender Services
Release Date: June 18, 2018
Due Date: July 13, 2018
For information:
Leigh Sharp
Management Analyst
Napa County Executive Office
(707) 253-4825
leigh.sharp@countyofnapa.org
A. Background
Napa County (“County”) is requesting the submittal of statements of qualifications
from attorneys or law firms who are interested in filling an available opening
requiring qualifications for provision of general and complex criminal legal defense
services as a Conflict Public Defender (“CPD”).
This RFQ seeks to fill one CPD position to commence on September 1, 2018, or at
such other time as the services may be needed (in which case an addendum to the
RFQ may be issued).
It is generally contemplated that the workload of each CPD will require devotion to
CPD services of roughly one-half of the professional time available to a full time
criminal defense attorney, but it could be a greater portion of time if serious felonies
(defined in the CPD contract as Class 1 or Class 2 cases) are assigned to a CPD (in
which case additional compensation is paid). In consideration of that time
commitment, each CPD receives a stated monthly amount of base compensation. The
base rate of compensation (the “Base Compensation”) for the position will be
$9,640.17 per month as of September 1, 2018 through June 30, 2019. That Base
Compensation is subject to adjustment once each fiscal year as of July 1, based
generally on the Bay Area Consumer Price Index but with an increase each year of at
least 2.5 percent and no more than 5 percent. Please note that the CPD contract will
not allow compensation for the expense of traveling between the CPD’s office and
Napa, California.
Additionally, the CPD contract will include the right to receive additional
compensation for the defense of Class I and Class II cases (as defined in the contract),
up to $3,500 per month for Class I and up to $2,500 per month for Class II cases,
subject to stated maximums in any 18-month period for each such case.
The CPD contract will have an initial term from September 1, 2018, through June 30,
2019. The term of the contract will then automatically renew for a full fiscal year
(July 1 through June 30 of the next year) at the end of the initial term and at the end
of each fiscal year thereafter unless notice of non-renewal is given or unless the
contract is previously terminated under its terms.
B. Objectives of the Request for Qualifications
The County is distributing this RFQ to solicit statements of qualification (SOQs”)
from qualified individuals and law firms who are able to demonstrate the
qualifications described below, which will be used as the basis for determining which
attorney will be recommended to the Board of Supervisors to be selected as CPD.
The attorney or firm to be selected shall perform all of the duties of a public defender
described in Chapter 13 of Division 2, Title 3 of the California Government Code,
commencing with Section 27700, as well as certain other duties and services
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specified herein and in the proposed form of CPD contract that is attached hereto and
incorporated herein by this reference as Exhibit B (the “Contract”), for indigent
persons in Napa County in the event the Napa County Public Defender has declared a
conflict of interest, has a conflict of interest as established or declared by a court, or is
otherwise unavailable for good cause.
Please see the proposed Contract attached hereto as Exhibit B for the full scope of
duties to be performed and the provisions that must be agreed to by each CPD.
C. Schedule for the RFQ Process*
June 18, 2018
July 13, 2018 4:30 p.m.
July 16-17, 2018
July 24-25, 2018
July 27, 2018
Aug 6-Aug 10, 2018
August 28, 2018
September 1, 2018
RFQ released
SOQ submittal deadline (Due Date)
Screening by RFQ Committee of SOQs
Interviews (optional to County)
Applicants notified of RFQ Committee
recommendation
Contracts prepared by County Counsel
and executed by recommended
applicant
Recommendation presented to Board of
Supervisors for approval and for
authority to execute contract
Services commence
*Changes to these dates may be made by written addenda
D. Eligibility/Required Qualifications
Any individual attorney or law firm offering the services of one or more individual
attorneys may respond provided they can meet the criteria below. Law firms
responding to this RFQ must identify all attorneys who may be assigned under this
contract and provide their individual qualifications in accordance with this section
and Section E of this RFQ. Each attorney selected to serve as a CPD and, if a law
firm is selected, each attorney in the firm who serves as lead CPD for the firm, in any
defense of a criminal cases or who will be assigned to make any court appearances
for the firm on behalf of an accused, must satisfy the following criteria:
1. Is an active member in good standing of the State Bar of California and has been
an active trial practitioner with at least 8 years' litigation experience in the field of
criminal law;
2. Has not previously been the subject of a state bar disciplinary action which led to
the suspension of the attorney’s license to practice law--in this regard if a
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proposed attorney has been disciplined by any state bar for any reason, such
discipline must be disclosed in the SOQ;
3. Must be familiar with the practices and procedures of the California criminal
courts;
4. Meets (i.e., has insurance coverage that meets) the County’s insurance
requirements specified in the attached Contract, including but not limited to
professional malpractice insurance;
5. Provides an office or other suitable place for meetings with clients that is in the
City of Napa or otherwise reasonably close to the Napa County courthouse so as
to be reachable by clients without undue expense or difficulty (at a location
subject to the County’s consent, which will not be unreasonably withheld);
6. Has substantial prior experience as lead defense trial counsel in defending serious
or violent felony-charged cases;
7. Possesses demonstrated skill in the use of expert witnesses and evidence,
including familiarity with common areas of psychiatric and forensic evidence and
investigation, including fingerprints, ballistics, forensic pathology, and DNA
evidence;
8. Possesses demonstrated skill in the management and conduct of complex
negotiations and litigation;
9. Possesses demonstrated skill in legal research, analysis, and the drafting of
litigation documents;
10. Possesses demonstrated skill in oral advocacy;
11. Possesses demonstrated skill in the elements of trial advocacy, such as jury
selection, cross-examination of witnesses, and opening and closing statements.
E. Contents of SOQ
The SOQ should include, for each attorney proposed to serve as lead CPD counsel, a
resume or curriculum vitae, written responses to the items described in this Section,
and any other written materials necessary to demonstrate the qualifications required
for each position sought (no audio-visual materials, electronic or computer
presentations, or similar materials should be submitted please).
In addition to describing how the applicant satisfies the criteria listed in Section D,
above, the SOQ must address each of the items listed below, where appropriate to the
types of cases.
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1. How the following will be accomplished:
(a) Coverage for all stages of proceedings;
(b) Contact with clients prior to court appearances, including those in custody;
(c) Availability to clients between court appearances, particularly those in
custody;
(d) Coverage, if applicable, for sentence modification and probation
revocation;
(e) Eligibility screening process to determine the client’s financial eligibility
for CPD services, including taking a financial declaration and referral
back to court when necessary and representation at reimbursement
hearings;
(f) Representation relative to complaints, writs, etc. arising from detention in
County facilities, treatment or punishment; and
(g) Representation at Appellate Court including, if applicable, misdemeanor
appeals and appropriate writs.
2. Three professional references for each person identified to serve as proposed lead
counsel or support counsel.
3. Describe capability to provide management statistics regarding caseload and
workload.
4. Describe capability to be a steward of County resources in minimizing costs for
investigations, experts, etc. as appropriate.
F. Organization of the SOQ
The SOQ should contain the required information in the following order, with all
pages other than the Cover Sheet numbered sequentially showing the total number of
pages (for example “1 of 10):
1. Cover Sheet including:
(a) Date of submittal of the SOQ;
(b) Name of applicant (individual attorney or firm);
(c) Name, address, telephone and email address of contact person; and
(d) The following Declaration, to be signed by an individual having full authority
to execute the SOQ and any resulting contract including, if the attorney/firm
is a corporation, the signature of the president and secretary of the
corporation.
“I declare under penalty of perjury and the laws of the State of California
that the information contained in this response to the Request for
Qualifications is accurate and true to the best of my knowledge. I am
aware that should any of the information be found false, the County of
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