Indigent Counsel (2013)AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
BOBBY HIEBERT, JR.
for
LEGAL DEFENSE OF INDIGENT DEFENDANTS
FEE CONTRACT
Agreement made, effective as of January 1, 2013, by and between the City of Salina, Kansas,
acting by and through its City Commissioners and the City Manager, hereinafter referred to as `City',
and Bobby Hiebert, Jr., hereinafter 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 term 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 term. 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
terminate this contract at any time and without further financial or other obligation if Attorney fails
to provide competent and professional services.
SECTION THREE
COMPENSATION
City shall pay Attorney the sum of $2,250 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 15`h 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 terminate this contract under Section Two, this Agreement shall
commence effective January 1, 2013 for an initial term ending December 31, 2013, and shall
thereafter automatically renew on a calendar year basis. Either party may terminate 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 of the contract period. Final compensation shall be pro -rated based on the last
full calendar month of completed services.
SECTION FIVE
EQUAL OPPORTUNITY
In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the
Attorney and its subcontractors, if any, agree that:
(1) The Attorney shall observe the provisions of the Kansas act against discrimination
and shall not discriminate against any person in the performance of work under this
Contract because of race, sex, religion, age, color, national origin, ancestry or
disability;
(2) The Attorney shall observe the provisions of Chapter 13 of the Salina Code and shall
not discriminate against any person in the performance of work under this Contract
because of race, sex, religion, age, color, national origin, ancestry or disability;
(3) The Attorney shall include in all solicitations, or advertisements for employees, the
phrase "equal opportunity employer," or a similar phrase to be approved by the city's
human relations director;
(4) If the Attorney fails to comply with the manner in which the Attorney reports to the
Kansas human rights commission in accordance with the provisions of K.S.A. 44 -1031
and amendments thereto, the Contactor shall be deemed to have breached this Contract
and it may be canceled, terminated or suspended, in whole or in part, by the City;
(5) If the Attorney is found guilty of a violation of Chapter 13 of the Salina Code or the
Kansas act against discrimination under a decision or order of the Salina human
relations commission or the Kansas human rights commission which has become
final, the Contactor shall be deemed to have breached this Contract and it may be
canceled, terminated or suspended, in whole or in part, by the City;
(6) The Attorney shall not discriminate against any employee or applicant for
employment in the performance of this Contract because of race, sex, religion, age,
color, national origin, ancestry or disability; and
(7) The Attorney shall include similar provisions in any subcontract under this Contract
The provisions of this section shall not apply to this Contract if the Attorney:
(1) Employs fewer than four employees during the term of this Contract; or
(2) Contracts with the City for cumulatively $5,000 or less during the City's calendar
fiscal year.
SECTION SIX
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 SEVEN
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 LAW OFFICE OF BOBBY HIEBERT, JR.
Mr. Jason A. Gage, City Manager Bobby Hiebert, Jr.
300 W. Ash, P.O. Box 736 114 -A S. 7`h Street, PO Box 407
Salina, KS 67402 -0736 Salina, KS 67402 -0407
SECTION EIGHT
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 NINE
ACCOMMODATION OF ATTORNEY'S 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 expediently provide Attorney with pleadings and other
documents to which Attorney is entitled under applicable law in the course of providing legal
services hereunder.
SECTION TEN
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 responsibility of the City. Prior to
incurring any expense greater than $50.00, Attorney shall seek approval of such expenditure from the
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 ELEVEN
DOCUMENT PREPARATION
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 TWELVE
APPEALS TO DISTRICT COURT
Should any appeals be perfected 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 of three- hundred dollars ($300.00) for bench
trials or five- hundred dollars ($500) for jury trials.
SECTION THIRTEEN
APPEALS BEYOND DISTRICT COURT
Should any appeals be perfected for any indigent defendant which would require Attorney to
represent a defendant beyond the District Court level, Attorney shall contact the 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 10`h day of December, 2012,qkthe parties whose--si-Pstpres appear below.
Jason A Gage, City anager
For the City of Salina, Kansas
Bobby Hiebert, Jr., Attornne �
Law Office of Bobby Hiebert, Jr.
El