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REQUEST FOR PROPOSAL EOARC Purchasing Fleet

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					County of Riverside                                             Request for Proposal # EOARC-019 Addendum No. 1
Purchasing and Fleet Services                                           Closing Date: 10/06/10 on or before 01:30 P.M.




                       REQUEST FOR PROPOSAL # EOARC-019
                   LEGAL INDIGENT CRIMINAL DEFENSE SERVICES




                                         ADDENDUM NO. 1
                                         September 21, 2010


                           CERTIFICATION OF RECEIPT OF ADDENDUM

I certify that I have received this addendum on behalf of the company listed below.

Signed: ________________________________________________ Dated: ___________________

Name and title: ____________________________________________________________________

Company: ________________________________________________________________________


NIGP Code: 96149
        This cover sheet must accompany the Bidder’s proposal under Tab A


Form 116-170 Rev #2 09/01/10
                                                       1
County of Riverside                                                  Request for Proposal # EOARC-019 Addendum No. 1
Purchasing and Fleet Services                                                Closing Date: 10/06/10 on or before 01:30 P.M.


                                              ADDENDUM NO. 1
                                             TO RFP #EOARC-019

1.0     This addendum is considered to be part of the RFP. All other terms of the RFP remain unchanged and in
effect. This addendum is intended to provide additional information and/or to change requirements in the above
referenced RFP. Any information contained herein will be considered part of the RFP and as such will be used in
the evaluation of the bid responses. Attention all potential bidders, if you have already submitted your proposal
prior to the bid closing date, please review this addendum and re-submit your bid response, should this addendum
modify your initial bid response.

2.0   To verify that all Vendors have received a copy of this addendum, please sign the cover page of this
addendum and return it with your proposal to:

                                       Riverside County Administrative Center
                                          Clerk of the Board of Supervisors
                                            4080 Lemon Street, 1st Floor
                                                Riverside, CA 92501
                                                 RFP# EOARC-019

3.0   The information in this addendum is primarily the result of the non-mandatory pre-bid meeting held on
September 16, 2010, or written questions submitted by vendors prior to the end of question period, September 23,
2010.

4.0    Clarifications from the County:
4.1    Exhibit A-Cost Proposal - Exhibit A please replace in its entirety. The County has included juvenile
600 case matters for the desert area only. See Exhibit A in this Addendum.

4.2      Addition to the Scope of Service to be provided:

      a) The County has added Juvenile 600 case matters for the Eastern portion of the county only. Bidders shall
         consider the factors enumerated in Penal Code Section 987 et. seq., the Rules of Professional Conduct
         governing lawyers in Business & Professions Code § 6000 et. seq., State Bar of California Guidelines on
         Indigent Defense Services Delivery Systems, and the State Bar Rules of California, as appropriate. Bidders
         shall assure that all subcontractors are competent and provide constitutionally effective assistance. Bidders
         shall further warrant that they will provide Attorney(s) qualified to handle each type of proceeding specified
         in this procurement.

      b) Bidder shall provide legal representation for indigent minors after appointment by the Court, including
         proceedings in the Juvenile Court which may be heard in another Department or location of the Superior
         Court, when appointed by the Court as required by law after a determination that a conflict of interest exists
         which causes the Public Defender to be unable to represent the minor or the Public Defender is relieved by
         the Court for extraordinary reasons.

      c) In Juvenile Court matters, unless otherwise agreed to in writing, Bidders shall be required to provide the
         following counsel:
Form 116-170 Rev #2 09/01/10
                                                           2
County of Riverside                                                  Request for Proposal # EOARC-019 Addendum No. 1
Purchasing and Fleet Services                                                Closing Date: 10/06/10 on or before 01:30 P.M.


            i. When appointed by the Court after a determination that a conflict of interest exists resulting in the
               Public Defender’s inability to represent the minor, in cases petitioned under Welfare & Institutions
               Code §602 et. seq.
           ii. When appointed by the Court after the Court has relieved the Public Defender for lack of
               preparation, incompetence, unavailability, overload or reasons unrelated to a declaration of conflict.
      d) EXCLUSIONS. Bidder shall not be obligated under this Contract to provide defense in the following cases:
            i. Stand-by Counsel or Co-Counsel when a defendant has waived counsel or represents him or herself
               in propria persona.
           ii. All post-trial appellate proceedings including appeals to the Appellate Department of Superior Court
               or higher Appellate Courts.
          iii. All federal proceedings.
          iv. New trial motions from non-Contractor Attorneys or Public Defender cases based on review of trial
               counsel’s performance, except when the Court has made a preliminary finding of incompetence by
               Trial Counsel.

      e) Bidders shall require each subcontracting attorney to participate in Mandatory Continuing Legal Education
         programs focusing on juvenile law (including Probate Guardianships), criminal law, criminal procedure,
         trial advocacy, and related topics. Bidders shall encourage subcontracting attorneys to participate in other
         educational programs related to the practice of criminal law and other areas related to juveniles such as
         development, education, substance abuse, and mental health. Bidders shall also encourage subcontracting
         attorneys to participate in shared training with the Office of the Riverside County Public Defender. Bidders
         shall review on a yearly basis the performance of each subcontracting attorney. This review shall include
         inquiry and/or observation by Bidders of the performance of the independent subcontractor in a trial or other
         relevant courtroom setting. Bidders shall require the subcontracting attorney to provide proof of attendance
         at MCLE programs recognized by the State Bar of California and to report participation in other educational
         programs related to the practice of criminal law and juvenile law. Bidders will do their best to assure that
         only attorneys with the requisite skill and experience handle particular category of cases and are assigned to
         such cases. Bidders shall periodically monitor and evaluate the work of investigators and the performance of
         experts and other providers of ancillary services.

4.3      Exhibit D- Replace in its entirety-see Exhibit D in this Addendum.

5.0      Questions from Vendors:

5.1     Question: 2.2 Purpose: (including capital penalty cases when the Public Defender and Capital Public
Defender Offices declare a conflict). Clarification: What is the county’s definition of a capital penalty case, and
does it include death penalty cases?

County Response: Under Penal Code 987.9, capital also includes “Life without the Possibility of Parole” (LWOP)
cases and is a valid designation. This procurement however bid does not include cases where the District Attorney
is recommending death.

5.2   Question: 2.2 Purpose: If the case is determined to be a death penalty case, after the attorney has been
working on the case, or the client wishes to keep the attorney, does the attorney keep the case?

Form 116-170 Rev #2 09/01/10
                                                           3
County of Riverside                                               Request for Proposal # EOARC-019 Addendum No. 1
Purchasing and Fleet Services                                             Closing Date: 10/06/10 on or before 01:30 P.M.


County Response: In the event that the District Attorney declares death on a case that has already been referred to
conflict counsel (meaning that the case was reviewed by the Capital Public Defender and the Law Office of the
Public Defender and a conflict exists) as a non-death penalty case, the case will remain with the conflict panel to
which it was sent, and Counsel will be paid based on the level of case and the amount approved by the Superior
Court in 2007.

5.3    Question: I. Financial Statement: Will the County return our financial statements after review? What
time period is the county looking to review?

County Response: No, the county will not return financial statements. Please place financials in a separate envelope
and mark "Confidential" if your firm requires this to be kept confidential. Please strike the following paragraph:
County will return the confidential financial information, therefore, please provide a self-addressed stamped
envelope. The period for review of financial statements (balance sheet and income statement) for its business that
are dated no more than twelve (12) months prior to the date of the proposal submission and cover a period of at
least one (1) year, is August 2009 to August 2010.

5.3    Exhibit A-Cost Proposal - Exhibit A has a column for “Option per hour Rate beyond Compensation
Costs” What exactly is the county looking for on an Hourly basis?

County Response: Completion of this column is not required. The column is a suggestion should the bidder wish to
provide an hourly rate for services. Hourly rates have been established for civil procedures already and the county
is interested in finding out if defense counsel in criminal matters has also established a baseline amount.

5.4     Question: Can we have a copy of the prebid sign in sheet?

County Response: Yes, included with this addendum is the sign in sheet.




Form 116-170 Rev #2 09/01/10
                                                         4
County of Riverside                                               Request for Proposal # EOARC-019 Addendum No. 1
Purchasing and Fleet Services                                             Closing Date: 10/06/10 on or before 01:30 P.M.


                                                  EXHIBIT A
                                                   REVISED
                                            COST PROPOSAL SHEET



                                             Estimated                                                   Option
                                              Average                                                 Per hour Rate
                                              Opened                         Annual        Total         Beyond
                                             Cases per        Annual        Ancillary     Annual      Compensation
      Region                  Case Type        Year        Compensation     Expense        Cost           Costs
  Western County       Adult felonies           988
  Western County       Adult Misdemeanors       475
  Western County       TOTAL Western           1463

  Mid-County           Adult felonies           488
  Mid-County           Adult Misdemeanors       277
  Mid-County           TOTAL Mid-County          765

  Desert               Adult felonies           600
  Desert               Adult Misdemeanors       300
  Desert               Juvenile 600             350
  Desert               TOTAL Desert             1250
                                            Total
                                            Contract
                                            Professional
                                            Discount


                                             Total Bid




Form 116-170 Rev #2 09/01/10
                                                           5
County of Riverside                                               Request for Proposal # EOARC-019 Addendum No. 1
Purchasing and Fleet Services                                             Closing Date: 10/06/10 on or before 01:30 P.M.


                                                EXHIBIT D
                                             LETTER OF INTENT

To:     Riverside County Administrative Center
        Clerk of the Board of Supervisors
        4080 Lemon Street, 1st Floor
        Riverside, CA 92501
        RFP# EOARC-019
        Attn: Lisa Boerner

Re:     Request for Proposals (“RFP”) # EOARC-019, to provide conflict indigent defense services.

After having attended the bidders’ conference on September 16, 2010, this is to inform the County that it is the
intent of the undersigned to submit a proposal in response to the RFP to provide conflict indigent defense
services.


Agency/Individual Name:____________________________________________________________________
                          (Please print)


Address:__________________________________________________________________________________
        (Street or Mailing)                (City, State, Zip)


Telephone Number(s):_______________________________________________________________________
                    (Area code)

E-mail Address(s):__________________________________________________________________________

By my signature, I hereby represent that I have authority to execute this Letter of Intent and to bind the party on
whose behalf execution is made.


Dated:____________________________________________________________________________________


Print Name:________________________________________________________________________________


Signature:_________________________________________________________________________________




Form 116-170 Rev #2 09/01/10
                                                        6
County of Riverside                                           Request for Proposal # EOARC-019 Addendum No. 1
Purchasing and Fleet Services                                         Closing Date: 10/06/10 on or before 01:30 P.M.


Bidder Sign in Sheet from Prebid meeting held on September 16, 2010 at 9:00 a.m.




Form 116-170 Rev #2 09/01/10
                                                     7

				
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