Agr Legal Council
..
FEE CONTRACT
Agreement made, effective as of February 1, 1999, 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 John Giele, referred to as Attorney.
The parties agree as follows:
SECTION ONE
PURPOSE OF CONTRACT
City retains Attorney to defend and represent indigent defendants in the Salina, Kansas,
Municipal Court in cases which are filed 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 will
provide representation in all cases assigned until the case is concluded even if this requires
representation past January 31, 2000. No additional compensation will be paid.
SECTION TWO
ACCEPTANCE OF EMPLOYMENT
Attorney accepts the proposed retainer and agrees to render competent and professional
services to the indigent defendants whose cases are assigned to Attorney.
SECTION THREE
COMPENSA nON
For the twelve month period ohime beginning February 1, 1999, to January 31, 2000,
City shall pay Attorney the sum of $32,000, to be paid in twelve equal monthly installments.
Attorney shall prepare and submit to the City a record of time spent on the appointed cases prior
to such date each month which will be set by the City prior to being compensated each month.
SECTION FOUR
TERM OF AGREEMENT
This contract shall be automatically renewed each year for twelve additional months
under the same terms of this agreement, or either party may terminate the contract or request
revision of the contract by written notice to the other party at least thirty days before the end of
the contract period.
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 agreement 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.
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.
SECTION EIGHT
DETERMINATION OF INDIGENCE
A determination of indigence shall be made by Attorney in each case assigned to
Attorney. This determination shall be made according to the terms of Kansas Administrative
Regulation (K.A.R.) 105-4-4(b). Attorney shall file a motion to withdraw for any appointed
defendant who does not qualify for court appointed counsel. Final determination of indigence
may be made by the Court in the event a defendant contests the Attorney's determination of
indigence.
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, 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
Deputy 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
Attorney shall prepare journal entries and other 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 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 Deputy 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.
r~
Executed this.) 7 day of January, 1999, y th
1 e
/7 ///
~/~
~~ .
Dennis Kissin r '
F or the City of Salina, Kansas