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Agr Indigent Services FEE CONTRACT Agreement made, effective as of April 6, 2004, 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' Jeffery Ebel, Kansas Legal Services', 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 contract at any time and without further financial or other obligation if Attorney fails to provide competent and professional services. SECTION THREE COMPENSA TION For the twelve-month period of time beginning Apri 1, 2004, to March 31, 2005, 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 terminate 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 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 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. Michael Morgan, Deputy City Manager 300 W. Ash, P.O. Box 736 Salina, KS 67402-0736 ATTORNEY Jeffery Ebel, Kansas Legal Services 227 N. Santa Fe, Suite 201 Salina, KS 67401 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 2 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 Court Supervisor. 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 /' day of April, 2004, by the parties whose sj&natures appear below. / /1//...///../,. . i[.£;;!.(L :/ /'~.~(tt~t... ,{ (o-.( Kansas Lega1 SérV:i~~s 6 r-"'~ '~~:;...-<:'"-_.._.--c~ .--<'--~1 Dennis Kissinger' .' ---- For the City of Salina, Kansas " -'