1-Public Defender RFQ GC 2025 12NOV2025.pdf

GRAND COUNTY REQUEST FOR QUALIFICATIONS

FOR

PRIMARY PUBLIC DEFENDER SERVICES

Qualification submissions are due by:

Friday, December 5th at 5:00 p.m.

MAIL OR HAND DELIVER RESPONSES TO REQUEST FOR QUALIFICATIONS TO:

Clerk/Auditor’s Office

Gabriel Woytek, Clerk/Auditor

125 E. Center Street

Moab, UT 84532

OR

ELECTRONICALLY MAIL TO:

Email: mtyner@grandcountyutah.gov

SEND TECHNICAL INQUIRIES

Mark Tyner, Grand County Commission Administrator

125 E. Center Street

Moab, UT 84532

Phone: 435-259-1347

Email: mtyner@grandcountyutah.gov

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

An indigent individual who faces criminal prosecution that carries with it any potential deprivation of the indigent person’s liberty is entitled to the effective assistance of counsel under the United States and Utah constitutions. This is true of the responsibility for providing legal services (services) to persons charged with offenses arising out of Grand

County. To fulfill this mandate, Grand County is seeking a qualified and experienced criminal defense attorney(s) or firm(s) for the Primary Public Defender contract.

The primary public defender will provide services to indigent persons charged with non-capital felony and misdemeanor offenses committed in Grand County, Seventh District.

This contract includes services in Moab District Court, Grand County Justice Court

(including Moab City cases) and Recovery Court. The work of the main public defender will primarily occur in Grand County. Indigent defendants may be housed anywhere in the state, but they most often reside within Grand County or are incarcerated in Grand County

Jail.

Moab District Court is held on Tuesdays twice a month. Grand County Justice Court is typically held on one Wednesday a month. This Justice Court assignment also includes

Moab City cases. Recovery Court is generally every Thursday and allows the attorneys to attend remotely. While the courts provide Webex/remote options, the primary public defender should attend all substantive hearings in-person.

Scope of Work

The Primary Public Defender (Contractor) shall serve as primary court appointed counsel and provide indigent defense services and resources to indigent clients charged with non-capital felony and misdemeanor criminal offenses in District Court, Justice Court, and

Recovery Court for Grand County.

1. Upon notice of assignment to a case, the Contractor will review their total caseload to determine if effective services can be provided on an assigned case and consider any material conflict of interest. In the event of a material conflict of interest, Contractor shall motion the Court to assign conflict counsel.

2. If Contractor continues to maintain a private caseload, Contractor shall make this contract the priority, commit to the established court calendar and provide effective legal services to clients.

3. Contractor shall not accept new appointments or private clients, when those cases would cause the caseload to exceed a number that allows the Contractor to provide effective services to indigent clients.

4. Once Contractor enters appearance, they agree to provide effective, timely, and continuing services for indigent clients, pursuant to obligations set forth in Utah and Federal law and this Contract.

5. Contractors agree to provide services, including but not limited to, consultation with clients, pursue evidence through discovery, investigate facts and circumstances, use other defense resources as appropriate, research the law specific to cases, file pertinent motions, subpoena relevant documents and witnesses, and appear in court.

6. Contractors will make reasonable efforts to visit and communicate with indigent clients, return phone calls, and otherwise be available.

7. Travel is required for court for substantive hearings after appointment including preliminary hearings, trial, sentencing and recovery court. Subject to grant funding, reimbursement is available at the state rate for lodging and mileage rate.

No hourly pay for travel is permitted.

8. Contractor shall provide the full scope of services continuing up to and including the filing of notice of appeal and docketing statement, but not any briefs on appeal.

9. Contractors shall track their case work by using a case management system.

10. Contractors are required to comply with Indigent Defense Commission (IDC) grant requirements including case tracking, requests for data collection from the

IDC, supervision by managing defender, and adherence to IDC Core Principals.

11. Contractors shall comply with Utah State Bar MCLE requirements including attending at least eight (8) hours of relevant criminal defense CLE trainings per year.

Knowledge Skills and Abilities (KSA’s)

- Knowledge of legal and court policies, procedures, practices, terminology, and systems; state and federal laws; rules and regulations.

- Previous appellate and criminal law experience is preferred.

- Past trial experience including serving as first chair on serious felony cases.

- Excellent verbal and written communication skills

- Skilled in negotiation, problem-solving and decision-making practices

- Self-motivated

- Ability to remain flexible

- Client-oriented and customer service skills

- Ability to establish and maintain effective working relationships with clients, prosecutors, witnesses, and judges/ court personnel.

Fees/Compensation Proposal

Grand County will pay the Primary Public Defender for legal serves rendered under this contract compensation in the amount of $113,000 annually (9,416.67 monthly).

In addition to the compensation, and upon written approval of the managing defender, the

County will pay for expenses incurred for defense resources. These defense expenses include witness fees, transcripts, investigators, and experts.

Actual payment terms are subject to negotiation of a contract with the County.

Qualifications Submission Requirements

Grand County will review the submitted qualifications and select a Contractor based on the following information. Submissions must include, as a minimum, the following information:

1. Introduction. A letter of interest respondent’s name and business location and a statement summarizing the experience of the respondent.

2. Description of attorney or firm’s overall practice area(s) and the services they can provide, including an explanation of how these services will meet the County’s needs for a primary public defender capable of handling both complex felony cases to misdemeanors.

3. Background. The respondent’s Curriculum Vitae or resume.

4. References. The respondent must provide a list of at least three (3) references that includes contact information.

5. 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.

6. Public Records Law Form (FORM I).

Special Requirements. Contractors shall have a Juris Doctor from an accredited law school and maintain active an active license and good standing with the Utah State Bar at all times during the period of this contract.

Contract Length. The term for the contract(s) is two (2) years with an option to extend for an additional year, upon mutual agreement.

Qualifications Review and Selection Criteria

Submissions will be reviewed by a committee for qualifications, experience, and ability to comply with the County’s obligation to provide a constitutionally adequate defense.

After reviewing submissions, the committee may elect to proceed with contract negotiations. Alternatively, the committee may conduct interviews or require further discussions prior to finalizing any contract.

Submission will be evaluated by a committee. Qualifications will be opened by the selection committee in the Grand County Clerk/Auditor’s office on December 8th, 2025.

Projected RFQ Schedule

The County reserves the right to modify this schedule at its sole discretion.

Event Target Date

Open RFQ Process November 15, 2025

RFQ Response Deadline December 5, 2025

Selection Committee Review December 8, 2023

Interviews TBD

Contract Award & Start Date Tentative - 16 Dec ’25 / 01 Jan ’26)

The awarded Contractor(s) will be contacted to enter into a contract the role of Primary

Public Defender for Grand County.

Submittal Instructions

Interested parties shall submit their qualifications by:

1. Electronic mail, in PDF format, to mtyner@grandcountyutah.gov with the subject line titled “Public Defender Contract”. Qualifications submitted via email will not be reviewed until after the submission deadline; or

2. Mail or hand delivery to the Grand County Clerk-Auditor’s Office at 125 East

Center St., Moab, Utah 84532 no later than 5:00 p.m. December 5th, 2025.

Envelope must be labeled with submitter’s contact information and labeled “Public

Defender Contract”.

Technical inquires may be sent to Mark Tyner, Commission Administrator, mtyner@grandcountyutah.gov.

about:blank mailto:mtyner@grandcountyutah.gov

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 RFQ

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.

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

TAX EXEMPT: Grand County is exempt from federal and state taxes.

LATE APPLICATIONS AND MODIFICATIONS OR WITHDRAWALS: Applications 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 application envelope. Applications may be withdrawn or modified in writing prior to the submission deadline. Applications that are resubmitted or modified must be sealed and submitted to the County prior to the submission deadline.

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 applicant.

CODES AND REGULATIONS: All deliverables and work within the scope of this request shall be completed by the applicant 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 an application, that their application is made without any previous understanding, agreement or connection with any person, firm or corporation making an application 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 application 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.

RFQ 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.