Agr Hensley, Charles R.
FEE CONTRACT
Agreement made, effective as of February 1,2003, by and between the City of Salina,
Kansas, acting by and through its City Commissioners and the City Manager, hereinafter
sometimes referred to as 'City', and Charles R. Hensley, referred to as 'Attorney'.
The parties agree as follows:
SECTION ONE
PURPOSE OF CONTRACT
City has established a three-person panel to provide legal defense services to defendants
deemed indigent by the Municipal Judge. City retains Attorney to defend and represent indigent
defendants in the Salina, Kansas, Municipal Court in cases which are filed and assigned on a
rotational basis during the tenn of the contract. Attorney shall also represent such defendants in
any appeals from convictions in the Salina, Kansas, Municipal Court so long as such defendants
remain indigent and eligible for such services. Attorney shall provide representation in all cases
assigned until the case is concluded even if this requires representation past contract tenn. No
additional compensation will be paid.
SECTION TWO
ACCEPTANCE OF RESPONSIBILITY
Attorney accepts the proposed retainer and agrees to render competent and professional
services to the indigent defendants whose cases are assigned to Attorney. City reserves the right
to tenninate this contract at any time and without further financial or other obligation if Attorney
fails to provide competent and professional services.
SECTION THREE
COMPENSATION
For the twelve-month period of time beginning February 1,2003, to January 31, 2004,
City shall pay Attorney the sum of $1 ,000 per month. As a condition precedent to being
compensated each month, Attorney shall prepare and submit to the City a record of time spent on
the appointed cases by the 15th of the following month. The record of time spent shall include
the following detail: time spent for each activity, description of activity, and name of defendant
associated with said activity.
SECTION FOUR
TERM OF AGREEMENT
Subject to the City's right to tenninate this contract under Section Two, this contract shall
automatically renew each year for a one-year period under the same terms of this agreement, or
either party may tenninate the contract for any or no reason or request revision of the contract by
written notice to the other party at least ninety days before the end ofthe contract period. Final
compensation shall be pro-rated based on the last full calendar month of completed services.
SECTION FIVE
ASSIGNMENT
The terms of this contract may not be assigned to any other person or firm without the
prior written consent of the City.
SECTION SIX
NOTICES
Notices provided for in this contract shall be sufficient if they are in writing and shall be
deemed given when sent by certified or registered mail to the respective address of each party, as
follows:
CITY OF SALINA
Mr. Jason Gage, Asst. City Manager
300 W. Ash, P.O. Box 736
Salina, KS 67402-0736
MARlETT A, KELLOGG & PRICE
Charles R. Hensley
148 S. Seventh Street, P.O. Box 2478
Salina, KS 67402-2478
SECTION SEVEN
CONFLICTS OF INTEREST
Attorney may decline to represent any defendant if the representation would constitute a
conflict of interest or would violate any code of ethics or professional responsibility governing
Attorney. In cases of conflict of interest, Municipal Judge shall assign case to next panel
attorney in rotation.
SECTION EIGHT
ACCOMMODATION OF ATTORNEYS SCHEDULE BY COURT
So far as is possible without compromising the efficiency and orderly operation of the
Court, the Court shall schedule Attorney's appointed cases in a fashion which will allow
Attorney to represent its appointed clients in an efficient manner. The determination of the
schedule for calling cases shall always rest with the discretion of the Municipal Court Judge.
The City Prosecutor's Office shall expedite providing court-appointed counsel with
pleadings and other documents to which counsel are entitled.
SECTION NINE
EXPENSES OF LITIGATION
Attorney shall be responsible for the costs of representation or litigation incurred in the
representation of indigent defendant. Expenses such as long distance telephone bills, bulk
copying, transcripts, court reporters, language translation services and other similar expenses
which from time to time may be necessary to properly represent a client shall be the
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responsibility of the City. Prior to incurring any expense greater than $50.00, Attorney shall seek
approval of such expenditure from the Assistant City Manager.
The City and the Salina Police Department shall not charge Attorney for copies of police
reports or other similar documents which are prepared for Attorney in the course of Attorney's
representation of indigent defendant.
SECTION TEN
DOCUMENT PREP ARA TION
Excluding journal entries, Attorney shall prepare all necessary court orders in Court
appointed cases. The Municipal Court shall return certified and/or file stamped copies of all
journal entries and other orders in appointed cases to Attorney without cost.
SECTION ELEVEN
APPEALS TO DISTRICT COURT
Should any appeals be perfected by the City for any indigent defendant which would
require Attorney to represent a defendant to the District Court, Attorney shall be compensated at
a rate of fifty dollars ($50.00) per hour, not to exceed a total compensation ofthree-hundred
dollars ($300.00) for bench trials or five-hundred dollars ($500) for jury trials.
SECTION TWELVE
APPEALS BEYOND DISTRICT COURT
Should any appeals be perfected by the City for any indigent defendant which would
require Attorney to represent a defendant beyond the District Court level, Attorney shall contact
the Assistant City Manager and the parties shall negotiate a separate fee agreement for such
representation. Attorney shall not be required to provide such representation on appeal without
additional compensation for its time and expenses.
Executed this lottaay of January, 2003, by the artie
h~Si
Charles R. Hensley
~~~
Dennis Kissin
For the City of Salina, Kansas
ures appear below.
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