Legal Defense of Indigent Defendents AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
ANDREA SWISHER
for
LEGAL DEFENSE OF INDIGENT DEFENDANTS
FEE CONTRACT
Agreement made, effective as of April 1. 2018, 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
Andrea Swisher, 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 52.250 per month. As a condition precedent to being
compensated each month, Attorney shall prepare and submit to the City an invoice by the 15th of the
following month. The record of time spent shall be kept and include the following detail: time spent for
each activity, description of activity, and name of defendant associated with said activity. Such detailed
time records to be provided upon request of the City within the duration of this contact.
SECTION FOUR
TERM OF AGREEMENT
Subject to the City's right to terminate this contract under Section Two, this Agreement shall
commence effective April 1. 2018 for an initial term ending December 31, 2018, 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
Contractor and its subcontractors, if any, agree that:
(I) The Contractor 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, sexual orientation, gender identity, religion, age, color, national
origin, ancestry or disability;
(2) The Contractor 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, sexual orientation, gender identity, religion, age, color, national
origin, ancestry or disability;
(3) The Contractor 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 Contractor fails to comply with the manner in which the Contractor reports to the
Kansas human rights commission in accordance with the provisions of K.S.A. 44 -
103Iand 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 Contractor 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 Contractor shall not discriminate against any employee or applicant for employment
in the performance of this Contract because of race, sex, sexual orientation, gender
identity, religion, age, color, national origin, ancestry or disability; and
(7) The Contractor shall include similar provisions in any subcontract under this Contract.
The provisions of this section shall not apply to this Contract if the Contractor:
(1) Employs fewer than four employees during the term of this Contract: or
(2) Contracts with the City for cumulatively S5,000 or less during the City's calendar fiscal
year.
SECTION SIX
ASSIGNMENT
The terms of this contract may not be assiened 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 writine and shall be deemed
given when sent by certified or registered mail to the respective address of each party, as follows:
CITY OF SALINA ATTORNEY
Mr. Jason A. Gage, City Manager Andrea Swisher, Attorney
300 W. Ash, P.O. Box 736 110 S. 7th, P.O. Box 1697
Salina, KS 67402-0736 Salina, KS 67402-1697
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 expedite providing court- appointed counsel with pleadings
and other documents to which counsel are entitled.
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 Attorneys representation of
indigent defendant.
SECTION ELEVEN
DOCUMENT PREPARATION
Excludine 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 by the City or 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 by the City or 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 21 day of March, 2018 by the parties whose signature appear below.
AA, ik4t
Jason A. Gage, City Manager Ansi wir er. • tto T,•
For the City of Salina. Kanas