1-Grand County RFP Primary Conflict Attorney 2.5.2026 .doc

GRAND COUNTY REQUEST FOR PROPOSALS

FOR

CONFLICT PUBLIC DEFENDER SERVICES

Proposals are due by:

March 15, 2026 at 4:00 p.m.

SUBMISSIONS:

Proposals shall be submitted through the Utah Public Procurement Portal (Bonfire)

Posting can be found at the following link:

https://utah.bonfirehub.com/projects/221114/details For technical inquires contact: Mark Tyner, Grand County Commission Administrator, mtyner@grandcountyutah.gov, (435) 259-1347.

Grand County is also accepting resumes for a secondary conflict attorney roster in each: criminal defense, parental defense and juvenile delinquency defense. Please contact Mark Tyner for details including required information and compensation.

IMPORTANT NOTICE TO ALL RESPONDENTS: Grand County reserves the right to: disqualify incomplete solicitations, waive minor defects as it deems applicable in the written solicitations, request additional information from any respondent, change or modify the scope of the project at any time without penalty, negotiate terms with one or more of the respondents, reject any or all proposals without penalty, and take any steps necessary to act in the County’s best interest. The County also reserves the unilateral right to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work. Proposals will not be considered for award if received by Grand County after the official closing date and time.

Introduction Grand County is seeking to award a contract for a Primary Conflict Public Defender to serve both the Justice and District courts. The Primary Conflict Public Defender Contractor will provide legal representation for indigent defendants charged with crimes ranging from misdemeanors to first degree (non-capital) offenses that are filed in Grand County Justice Court and Moab District Court, when the Primary Public Defender is determined to have a conflict.

On average, 25-30 cases are assigned to this position annually, though this volume is subject to change. While the Primary Conflict Attorney may maintain other public defense or private contracts, they must prioritize this contract and attend all required court hearings.

Grand County Justice Court generally convenes one Wednesday per month, while Moab District Court is held biweekly on Tuesdays. Although attorneys are permitted to appear via Webex for some proceedings, the Primary Conflict Public Defender is required to attend all substantive hearings and trials in person. Pending grant funding, mileage at the state rate and lodging may be reimbursed for these in-person court proceedings.

Scope of Work The Primary Conflict Public Defender will be the primary appointment to provide indigent defense services to individuals charged with crimes in justice and district court when the Primary Public Defender is determined to have a conflict.

Legal service and representation duties include but are not limited to the following:

1. Serves as court-appointed counsel for indigent criminal defendants and other persons in cases who are entitled by law to assistance of counsel as defined in the Indigent Defense Act further defined in Utah Code Annotated 78B-22;

2. Conducts internal conflict checks, files notice of appearances and requests for discovery in a timely manner;

3. Prepares and appears with clients at all pre-trial and trial proceedings and hearings; including appearing in-person at substantive hearings and trials.

4. Legal services include but are not limited to: Conducts investigations; obtains formal and informal discovery; interviews clients to evaluate evidence and assess strength of case; develops a theory of the case; research legal issues, prepares, files, analyzes charging documents, police reports and discovery material and evidence for assigned criminal cases; argues appropriate motions; and negotiates settlements or changes of plea.

5. Develops overall defense strategies and prepares trial briefs and conducts all phases of bench and jury trials.

6. Recommends bond and participates in bond hearings after appointment, reviews petitions for probation revocations, conducts evidentiary hearings and participates in sentencing hearings; prepares motions for a new trial or notice of appeal, if necessary;

7. Maintains adequate and proper records of the representation for each assigned indigent defendant; and

8. Keeps current with the statutes, rules, and cases regarding both procedural and substantive legal issues.

9. Engages in effective communication with each assigned indigent defendant by maintaining hours indigent defendant can call, meeting (in-person or remotely) with indigent defendants to go over discovery and plea deals in advance of court, returning calls, and visiting with indigent defendants who are incarcerated.

10. Attends regular CLE trainings specializing in criminal defense.

Application Requirements Grand County will review the submitted responses and select a Contractor based on the following information. The application should include the following items:

1. Letter of Interest. Include the respondent’s name and business location and a statement summarizing the legal experience of the respondent.

2. Background. The education, qualifications, and experience of the respondent. A resume is preferred.

3. References. The respondent must provide a list of references that includes contact information.

4. Other Associated Attorneys. If the respondent works as part of a law firm, the application must also include the names and resumes of other attorneys in the firm that may potentially provide services or assist in providing services.

5. Cost/Fee Breakdown. Submit a fee proposal with a monthly fee for which all service will be provided. In addition to a monthly fee, respondents may submit an alternative fee proposal with an hourly rate and/or per case rate though this is not required. Actual payment terms are subject to negotiation.

6. Form I. Public Records Law (attached).

Contract Length. The term for the contract(s) is one year with an option to extend for an additional year, upon mutual agreement.

Submittal Instructions

Proposals shall be submitted via the Utah Public Procurement Website (Bonfire) via the following link:

https://utah.bonfirehub.com/projects/221114/details

Selection Criteria The successful respondents will be selected based upon qualifications, experience, and ability to comply with the County’s obligation to provide a constitutionally adequate defense.

FORM I Public Records Law

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

Upon selection of the award, submittals become “public records” and shall be subject to public disclosure consistent with the Governmental Records Management Act. Those who submit must invoke the exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

If you submit information exempt from public disclosure, you must identify with specificity which page(s)/paragraph(s) of your proposal package is (are) exempt from the Governmental Records Management Act and identify the specific exemption section that applies to each. The protected information must be submitted to the County in a separate envelope marked accordingly. By submitting an offer in response to this solicitation, you specifically agree to defend and indemnify Grand County, County Commission, and its officers, employees and agents, and hold them harmless from any claim or liability and defend any action brought against them for their refusal to disclose copyrighted material, trade secrets or other proprietary information to any person making a request therefore.

Company Name: _______________________________________________________

Authorized representative (printed): ________________________________________

Authorized representative (signature): ______________________________________

Date: ______________________________

Requirements/Standards Governing RFP SCOPE: The following terms and conditions, included in this section shall govern the submission of proposals. Any conflict with the terms and conditions contained in this section shall be controlled by the stricter term or condition. The County reserves the right to reject any proposals, which takes exception to the terms or conditions in this document.

COMPLETING PROPOSALS: Proposals must be submitted with the required forms herein and all forms must be completed in accordance with the instructions. Any and all corrections and/or erasures must be initialed and dated by the respondent. Each proposal must be manually signed in ink by an authorized respondent and all required information must be provided. Each respondent may submit only one (1) proposal. The contents of the proposal submitted by the successful respondent will become part of any contract awarded as a result of this request.

ADDENDUM: All changes in connection with this request for proposals will be issued by the County’s in the form of a written addendum. Signed acknowledgment of receipt of each addendum should be submitted with the proposal’s response.

TAX EXEMPT: Grand County is exempt from federal and state taxes. DO NOT include taxes in the proposal.

LATE PROPOSALS AND MODIFICATIONS OR WITHDRAWALS: Proposals received after the date and time indicated on the cover sheet shall not be considered and shall be returned (unopened if sealed) if the respondent is identified on the proposal envelope. Proposals may be withdrawn or modified in writing prior to the proposal submission deadline. Proposals that are resubmitted or modified must be sealed and submitted to the County prior to the proposal submission deadline. After proposal opening no changes in proposal prices or other provisions of proposals prejudicial to the interest of the County or fair competition shall be permitted.

NEGOTIATION: The County reserves the right to negotiate any and all elements of this proposal.

TIME LIMIT TO EXECUTE CONTRACT: The respondent must successfully execute a contract within the specified time after the County’s notification to enter into contract. If the respondent fails to execute a contract within the required time, award to that respondent may be withdrawn and award made to the next highest rated respondent.

CODES AND REGULATIONS: All deliverables and work within the scope of this request shall be completed by the respondent in conformance with all applicable codes and regulations.

ASSIGNMENT OF CONTRACTUAL RIGHTS: Successful respondent shall not assign, transfer, convey or otherwise dispose of any contractual rights derived from this quotation request or its right, title or interest in or to the same, or any part thereof, without the previous written consent of Grand County.

COLLUSIVE PROPOSALS: The respondent certifies, by submission of a proposal, that their proposal is made without any previous understanding, agreement or connection with any person, firm or corporation making a proposal for the same products or services with prior knowledge of competitive prices, and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. Any evidence of collusion among respondents and prospective respondents acting to illegally restrain freedom of competition by agreement to offer a fixed price, or otherwise, will render the proposals of such respondent void.

CONFLICT OF INTEREST: The award hereunder is subject to provisions of Utah State Statutes and Grand County ordinances and policies. All respondents must disclose with their proposal the name of any officer, director, or agent who is also an employee of Grand County, Utah. Further, all respondents must disclose the name of any Grand County employee who owns, directly or indirectly, any interest in the respondent’s firm or any of its branches.

No person involved in making the award decisions may have personal investments in any business entity that will create a substantial conflict between their private interests and their public duties. Any person involved in making procurement decisions is guilty of a felony if the person asks, receives, or offers to receive any emolument, gratuity, contribution, loan, or reward, or any promise thereof, either for the person’s own use or the use of benefit of any other person or organization from any person or organization interested in selling to the County.

DISCLAIMER OF LIABILITY: Grand County or any of its agencies will not hold harmless or indemnify any respondent for any liability whatsoever.

HOLD HARMLESS: The respondent agrees to protect, defend, indemnify, and hold the Grand County, and its officers, council members, commissions, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character resulting from the error, omission, or negligent act of the respondent, its agents, employees or representatives, in the performance of the respondent duties under any agreement resulting from award of this proposal. The respondent further shall agree to investigate, handle, respond to, provide defenses for and defend any such claims, etc., even if such claim in groundless, false or fraudulent.

ANTI-DISCRIMINATION CLAUSE: No respondent on this proposal request shall in any way, directly or indirectly, discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed.

PUBLIC RECORD: Grand County is governed by the Governmental Record Management Act (except from exemptions allowed by state law). Information or data pertinent to the respondent’s proposal and of a confidential nature must be bound and placed in a separate sealed envelope and included with each copy of the respondent's proposal. Grand County requests that a minimum amount of confidential material be used by the respondent in preparing responses to the proposal. Materials consisting merely of general descriptive information will not be considered confidential under any circumstances.

INCURRED EXPENSES: This proposal does not commit Grand County to make an award, nor shall the County be responsible for any cost or expenses which may be incurred by any respondent in preparing and submitting any offer, or expenses incurred by any respondent prior to the execution of a purchase order or contract agreement.

NO WAIVER OF FUTURE RIGHTS: No provision in this document or in the respondent’s proposal shall be construed, expressly or by implication, as a waiver by Grand County of any existent or future right and/or remedy available by law in the event of any claim or default or breach of contract.

RFP DISCLAIMER. Grand County reserves the right to disqualify incomplete proposals, waive minor defects, as it deems applicable, in the written proposals, to request additional information from any respondent, change or modify the scope of the project at any time, without any penalty, negotiate terms with one or more of the respondents, reject any or all proposals, without a penalty, and take any steps necessary to act in the County’s best interest. The County also reserves the unilateral right to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work.