Ongoing_Indigent_Defense_Services_for_Felony_and_Misdemeanor_Cases_-_Public_Defender_(Addendum_#1_Revision).pdf

Ongoing Indigent Defense Services for Felony and Misdemeanor Cases - Public Defender

Request For Qualification (RFQ #RFQ-2023-0103)

Tuolumne County

Public Defender's Office

Issued: Monday, November 13, 2023

REQUEST FOR QUALIFICATION (RFQ No.

RFQ-2023-0103)

ONGOING INDIGENT DEFENSE SERVICES FOR

FELONY AND MISDEMEANOR CASES - PUBLIC

DEFENDER

Deadline for Submission of Proposals: Thursday, November 14, RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/tuolumnecountyca

Table of Contents

I. Introduction

II. Scope of Work

III. Minimum Qualifications

IV. Proposal Package Requirements

V. RFQ Process

VI. Evaluation

VII. Contract Information

1. Introduction

Due to temporary serious recruitment and staffing issues in the Office of the Tuolumne County

Public Defender, the County issues this Request for Qualifications (RFQ) to solicit qualifications from well qualified individuals, firms, or associations of firms, interested in providing indigent defense services on an as-needed basis.

All indigent defense services provided shall comply with applicable standards published by the

American and California Bar Associations, including the State Bar of California Guidelines on

Indigent Defense Delivery Systems (2006), American Bar Association’s Code of Professional

Responsibility and Standards on the Defense Function (Criminal Justice Section Standards), and applicable provisions of California law including but not limited to the California Penal Code, California Business and Professions Code, California Welfare and Institutions Code, California

Probate Code, California Civil Code, and the California Code of Civil Procedure.

1.1. Summary

By way of this Request for Qualifications (RFQ), the County of Tuolumne Office of the Public

Defender intends to pre-qualify and select individuals, firms, or associations of firms to provide indigent defense services for felony and misdemeanor criminal cases on an interim basis while the Public Defender's Office recruits for vacant positions. This RFQ will be open continuously and the County will have the discretion to add individuals, firms, or associations of firms to the pre-qualified list at any time.

1.2. Background

The County of Tuolumne's ("County") spectacular landscapes, open spaces, cultural amenities, rich history and recreational and educational opportunities make this region a unique and vibrant place to live.

Tuolumne County is one of California's original 27 counties, created upon statehood in 1850.

Sonora is the original and current county seat, and is the only incorporated city in the county.

Tuolumne County is located in the central Sierra Nevada foothills with major rivers to the north and south. The Sierra Nevada mountain range forms the border in the east, and the county flows into the great central valley in the west. As of 2021, The County population was 55,810.

The Public Defender's Office provides constitutionally-mandated indigent legal defense services in felony and misdemeanor cases. An overall increase in criminal complaints filed by the

District Attorney call for interim legal services while the Public Defender's Office recruits for full-time, permanent attorneys to defend felony and misdemeanor cases.

In fiscal year 2022/2023, the Public Defender's office maintained an average of 800 open felony cases and 1,054 open misdemeanor cases.

The County is requesting qualifications from individuals, consortiums, or firms to meet the immediate and interim need for defense of felony and misdemeanor cases. The County intends to contract with all qualified applicants to which the Public Defender can assign cases to at their discretion.

1.3. Contact Information

Scott Gross

Public Defender

99 N. Washington Street

Sonora, CA 95370

Email: sgross@co.tuolumne.ca.us

Phone: (209) 533-6370

Department:

Public Defender's Office

Department Head:

Scott Gross

Public Defender

1.4. Timeline

Statements of qualification will be accepted continuously over the next year. The County has the discretion to add attorneys to its pre-qualified list at any time.

Release of published RFQ November 13, 2023

Deadline for RFQ responses to be received by County

November 14, 2024, 12:00pm

Commencement of negotiation period Continuous

Contract executed Continuous mailto:sgross@co.tuolumne.ca.us tel:(209)533-6370

2. Scope of Work

2.1. Felony and Misdemeanor Indigent Criminal Representation

For the purposes of this section, applicant shall be referred to as “Attorney.” Attorney shall be prepared and available to accept appointment by the Superior Court to provide criminal defense representation, advice and assistance to indigent persons consistent with California Government

Code section 27706; perform case investigation, trial preparation and trial presentation, and perform related work as required.

i. Representation of adult defendants in any felony or misdemeanor matter and continuing to final disposition (trial) to include violations of probation, parole, or

PRCS, if any.

ii. Representation of adult defendants in a proceeding which commenced as a misdemeanor and was subsequently reduced to an infraction pursuant to Penal Code

Section 19.6, where the court has determined the individual is legally entitled to representation.

iii. Representation of a witness where the Court has determined the witness is legally entitled to representation.

iv. Attorney will provide the services of a licensed private investigator. However, all discovery material including but not limited to complaints, information, police, sheriff and all other reports related to the case, photographs and audio tapes to be used by the County in the prosecution will be provided by the County.

v. In any case in which Attorney has been appointed, Attorney shall be required to appear at any hearing to determine whether or not the defendant has completed any

Superior Court ordered program as a condition of probation.

The intent of the Public Defender's Office is to create a list of on-call attorneys. Applicants will be pre-qualified based on the process set forth in this RFQ. The County will enter a one (1) year on-call contract, with all qualified individuals, firms, or associations of firms. No guarantee is made or implied as to the exact quantity of cases that will be assigned. The County will establish a list of attorneys and will assign cases to an attorney on the list based on experience and qualifications. The number of cases available varies from year to year based on the number of complaints filed by the District Attorney. Award of a contract does not guarantee that the

Attorney will receive cases.

Attorneys will be issued felony or misdemeanor on an “as-needed” basis at the discretion of the

Public Defender. Attorneys will have the option to “pass” on cases with no consequence to their status for future case assignments. However, the County reserves the right to use any selected attorney for cases that would benefit from a particular attorney’s knowledge or experience.

Indigent defense services are a right guaranteed by the United States Constitution. By accepting a felony or misdemeanor case pursuant to this agreement, attorneys acknowledge the importance of this responsibility and agree that all cases assigned shall take priority over all other cases which that attorney may already have. Furthermore, by accepting a case pursuant to this agreement, attorneys acknowledge that they cannot reassign the case to another attorney.

3. Minimum Qualifications

Firm / attorney shall provide and/or demonstrate qualifications, experience and capability to perform requirements of this RFQ, including but not limited to:

Misdemeanor Cases:

• A member in good standing of the State Bar of California.

• A minimum of two (2) years prior legal experience. Experience working in local government / criminal law / indigent defense is desirable.

• Must possess a valid California driver license, maintain and posses a satisfactory driving record.

• At least $1,000,000 per occurrence and $2,000,000 aggregate malpractice insurance coverage.

• Experience in bilingual and multi-cultural indigent defense is highly desirable.

Felony Cases:

• A member in good standing of the State Bar of California.

• A minimum of four (4) years prior experience with felony cases. Experience working in local government / criminal law / indigent defense is desirable.

• Must possess a valid California driver license, maintain and possess a satisfactory driving record.

• At least $1,000,000 per occurrence and $2,000,000 aggregate malpractice insurance coverage.

• Experience in bilingual and multi-cultural indigent defense is highly desirable.

4. Proposal Package Requirements

Proposals are to be straightforward, clear, concise and responsive to the information requested.

In order for proposals to be considered complete, proposers must provide all requested information.

Each proposer must submit their response online via the County’s e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca.

4.1. Proposal Elements**

• Firm / Attorney Information o This section shall include contact person information, address and telephone number of the firm / attorney's main office and branch offices. Each firm / attorney shall identify itself/themselves as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that firm / attorney believes may be pertinent to the selection process may be provided.

o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the firm / attorney has been involved in the past three (3) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against firm / attorney or any of firm / attorney’s key personnel within the three (3) years.

o The Proposal shall explain in detail how cases accepted under this agreement will be prioritized over other existing cases.

• Firm / Attorney Personnel o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications of all key personnel who would be assigned to perform the Services. Members of the firm / attorney's professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this

Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the firm / attorney is including any subcontractors, the firm / attorney shall identify how long the firm / attorney has worked with the subcontractor.

o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

• Disclosure o Please disclose any and all past or current business and personal relationships with any current County elected official, appointed official, County employee, or family member of any current County elected official, appointed official, or County employee. Any past or current business relationship may not disqualify the firm from consideration.

• Experience and References o The Proposal must demonstrate that the firm / attorney, or its key personnel, meets the minimum experience requirement in in the Minimum Qualifications Section with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A summary of relevant background information describing your company's experience of major accomplishments and/or activities similar to the requirements set forth under this RFP, which demonstrates your company's ability to provide the services described in your proposal. A

Company shall not have filed for bankruptcy under any business name over the past five (5) years.

o Firm / attorney shall provide up to five (5) references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include Judges/colleagues names, addresses, telephone numbers and e-mail addresses of the Judges/colleagues for whom prior work was performed and include an explanation of the services provided along with project start and end dates.

*Response required

4.2. Proposal Cost*

Proposer shall upload a fee schedule here with hourly rates. Information should also include any and all additional costs associated with the fulfillment of the Scope of Services.

*Response required

5. RFQ Process

5.1. Submittal of Proposals

Sealed proposals must be received at the online, NO LATER THAN 12:00 pm on Thursday, November 14, 2024.

Proposals are to be submitted electronically using the County’s e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. Proposals will be received only as instructed above, and must be received before 12:00 pm on Thursday, November 14, 2024.

Proposals shall not be submitted via hard copy, (hand delivered or mailed), facsimile, nor via email. It is the sole responsibility of the proposer to properly upload its proposal so that it is received by the time and date required. Any proposal received after said time and/or date or in any other format other than as instructed herein, cannot be considered and will not be accepted.

The County’s e-Procurement Platform records the time stamp for every proposal submitted properly in the system. Once a proposal is submitted in the e-procurement platform, the Proposer will receive an email confirmation, and the proposal status will also show as “submitted.”

5.2. Submitter's Questions

Questions regarding the RFQ must be submitted exclusively in writing to the County by NO

VALUE on TBD via the County’s e-Procurement platform, in the Q&A tab. Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted after this time. The County will use an addendum to the RFQ to post any questions received, along with written responses, on the County e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. It is the responsibility of the proposers to check the County website to review the questions and responses. Any oral responses to questions are not binding on the County.

5.3. Cost of Developing the Proposal

All costs incurred in the preparation of a proposal are the responsibility of each proposer and will not be reimbursed by the County.

5.4. Proposal Terms and Conditions

It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions of the RFQ. By the submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the County based upon ignorance of or misunderstanding of the specifications.

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in this proposal are true.

This constitutes a warranty, the falsity of which shall include the right, at the County’s option, of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFQ. If a proposal is not submitted in the format specified in this RFQ, it may be rejected, unless the County determines that the nonconformity is either a minor irregularity or that the defect or variation in the proposal is immaterial or inconsequential. The County may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or

County may waive such deficiency, whichever is most advantageous to the County.

The County cannot accept proposals from any individual who is currently employed with the

County of Tuolumne (California Government Code §29708).

5.5. Successful Proposal as Part of Contract Services

Proposals received in response to this solicitation, at the County’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract. Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The County reserves the right to negotiate modifications or revisions to any awarded contract.

5.6. Evaluation of Proposals

See #Evaluation

5.7. Other Requirements

In order to contract with the County of Tuolumne, a proposer must meet the following requirements:

• Make available to the County its federal Tax Identification Number (TIN) or Social

Security Number (SSN).

• Comply with all Federal, State and local rules, regulations and policies, including but not limited to:

o Standard contract language of the County; and, o Insurance coverage to include worker’s compensation, general liability, auto liability and professional liability, unless waived by the County.

• Meet the requirements for audit of its expenditures if required in the above documents.

5.8. Non-Discrimination

Non-Discrimination: The Contractor selected through this RFQ shall provide services without discrimination based on race, creed, color, ethnic or linguistic identification, gender or sexual preference, disability or handicap or any other basis prohibited by law.

5.9. Protest/Appeal Process

The following procedure is provided in the event that a proposer wishes to protest the RFQ process or appeal the recommendation to award a contract for Ongoing Indigent Defense

Services for Felony and Misdemeanor Cases - Public Defender once the Notices of Award/Non-

Award have been issued.

https://secure.procurenow.com/portaluolumnecountyca/projects/21659?section=167785

Any protest must be submitted in writing to Public Defender's Office, 99 N. Washington Street, Sonora, CA 95370, Attention: Scott Gross

The protest must be submitted before 5:00 p.m. of the tenth (10th) business day following the date of the Notice of Award.

The protest must contain a complete statement of the basis for the protest. The protest must include the name, address, telephone number and e-mail address of the person representing the protesting party.

The procedure and time limits are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Upon receipt of written protest/appeal, the Public Defender will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise of an appeal/protest decision within five (5) business days of receipt of the appeal/protest.

5.10. Public Records Access

Proposers should be aware that submitted proposals are subject to the California Public Records

Act and may be disclosed to members of the public upon request. It is the responsibility of the proposers to clearly identify information in their proposals that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the proposals will be held as confidential until such time as the

Review Committee has completed its evaluation and, or if, contract negotiations are complete.

6. Evaluation

The objective is to perform a thorough and fair evaluation of submitted proposals and facilitate the selection of a contractor/consultant that best satisfies the County’s requirements. The following describes the evaluation process and associated components.

A. Selection Process:

1. The County shall name, for the purpose of evaluating the proposals for this RFQ, a

Review Committee composed of representatives from the County. The County may also elect to include as part of the Review Committee qualified representatives from other agencies or entities.

2. Proposal documentation requirements set forth in this RFQ are designed to provide guidance to proposers concerning the type of information that will be used by the

Review Committee. Proposers shall be prepared to respond to requests by the Review

Committee for additional items deemed necessary to assist in the evaluation process.

B. Evaluation Criteria & Scoring:

1. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The proposals shall be evaluated on the following categories and the maximum weight possible for each category is listed below.

C. Award:

Award will be made to the qualified proposer whose proposal will be most advantageous to the

County, with price and all other factors considered. The County will negotiate with the highest ranked proposer to develop the scope of work and contract for mutual satisfaction.

If the County cannot successfully negotiate a contract with the highest ranked proposer, the

County will terminate negotiations and begin negotiations with the next highest ranked proposer.

Proposers will receive mailed/e-mailed Award/Non-Award notification(s), which will include the name of the proposer to be awarded this contract.

Proposers are advised County reserves the following prerogatives:

• To reject any or all proposals;

• To consider historic information and fact, whether gained from the proposer’s proposal or any other source, in the evaluation process; and

• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the evaluation categories and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of the individual or firm to submit such information may cause an adverse impact on the evaluation of the proposal.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Completeness of Proposal Pass / Fail 20 (20% of Total)

2. Qualifications 0-100 Points 25 (25% of Total)

3. Service Delivery/Methodology 0-100 Points 25 (25% of Total)

4. Reasonable Cost of Service 0-100 Points 30 (30% of Total)

7. Contract Information

7.1. Initial Term

The term of the initial contract awarded under this RFQ will be for: six (6) months .

7.2. Extension Option

By mutual agreement, this contract may be extended for one (1) six (6) month period, under the following circumstances:

• The County receives adequate funding to extend program operations;

• The Contractor has achieved demonstrable success by meeting all of the contract’s service requirements;

• The County continues to need the services purchased under this RFQ;

• The Contractor is willing and able to modify the services provided to best meet the needs of the program as determined by the County.

7.3. Termination

The contract will be subject to termination by either party upon thirty (30) days' written notice of intent to terminate. The County may terminate the contract at any time, without written notice, upon a material breach of contract by the Contractor.

7.4. Funding Availability

It is mutually agreed that if the County budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this

Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this

Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this

Agreement. County budget decisions are subject to the discretion of the Board of Supervisors.

If funding for any fiscal year is reduced or deleted by the County budget for purposes of this program, the County shall have the option to either cancel this Agreement with no liability occurring to the County, or offer an Agreement amendment to Contractor to reflect the reduced amount.

7.5. Insurance

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

7.6. Hold Harmless

Contactor shall hold harmless, defend and indemnify County and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs

(including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the County.

If such indemnification becomes necessary, the County Counsel for the County shall have the absolute right and discretion to approve or disapprove of any and all counsel employed to defend the County. This indemnification clause shall survive the termination or expiration of this

Agreement.