administrative office of the courtssarah jacobs, child welfare and 237 don gaspar, room 25 juvenile...

Administrative Office of the Courts Supreme Court of New Mexico

ADMINISTRATIVE OFFICE OF THE COURTS

REQUEST FOR PROPOSALS - RFP #2018-002

COURT APPOINTED ATTORNEYS FOR ABUSE

AND NEGLECT PROCEEDINGS

ISSUE DATE: APRIL 24, 2017

SUBMISSION DATE: May 22, 2017

DECISION DATE: June 19, 2017

NOTE: The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes

civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico

criminal statutes impose felony penalties for bribes, gratuities and kick-backs.

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REQUEST FOR PROPOSALS FOR THE FOLLOWING DISTRICTS:

First Judicial District: Santa Fe, Rio Arriba, and Los Alamos Counties

Third Judicial District: Dona Ana County

Ninth Judicial District: Curry and Roosevelt Counties

Twelfth Judicial District: Otero and Lincoln Counties

Thirteenth Judicial District: Sandoval, Valencia, and Cibola Counties

Table of Contents

A. Confirmation of Receipt ................................................................................. 4

B. Procurement Manager/Questions .................................................................... 4

C. Purpose ............................................................................................................. 4

First Judicial District ........................................................................................ 5

Third Judicial District ..................................................................................... 5

Ninth Judicial District ...................................................................................... 5

Twelfth Judicial District .................................................................................. 6

Thirteenth Judicial District .............................................................................. 6

D. Statement of Work ........................................................................................... 7

E. Term ................................................................................................................. 7

F. Rejection/Cancelation/Acceptance .................................................................. 7

G. Proposal Review and Evaluation Committee .................................................. 7

H. General Requirements ..................................................................................... 7

I. Proposal Criteria for appointments in Children’s Court proceedings ............. 8

J. Proposal Format ............................................................................................. 10

K. Evaluation Process ......................................................................................... 11

L. Campaign Disclosure ..................................................................................... 11

Campaign Disclosure Form Attachment A .............................................................. 13

Time-Line/Schedule Guidelines Attachment B ....................................................... 16

Children’s Court Evaluation Point/Table Summary Attachment C ........................ 17

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Sample Contract Attachment D ............................................................................... 19

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Sarah Jacobs, Child Welfare and 237 Don Gaspar, Room 25 Juvenile Justice Attorney Santa Fe, NM 87501 [email protected] Office - (505) 827-4887

Cell - (505) 470-6558 Fax - (505) 827-4824

REQUEST FOR PROPOSALS - RFP #2018-002

Attorneys for Indigent Juveniles or Adults in Child Abuse and Neglect Cases

Issue Date: April 24, 2017

Proposal Due Date: May 22, 2017, 04:00 p.m. MST

A. Confirmation of Receipt

Potential offerors must confirm receipt of this RFP by sending an e-mail to

[email protected] with “RFP Confirmation” in the subject line. The body of the e-mail

shall include the potential offeror’s name, address, e-mail address, and phone number. The e-

mail confirming receipt of the RFP must be received at the above e-mail address on or before

4:00 p.m. MST May 3, 2017. Only potential offerors who have confirmed receipt of the

RFP will be placed on the “RFP Distribution List” and receive written answers to questions

regarding the RFP and any amendments to the RFP.

B. Procurement Manager/Questions

Questions regarding this RFP must be submitted in writing to the Procurement Manager,

Sarah Jacobs, by e-mail at [email protected] with the phrase “CAAFF RFP Question” in the

subject line; or by mail to Sarah Jacobs, AOC, 237 Don Gaspar, Room 25, Santa Fe, NM

87501. Written questions must be received by April 28, 2017. Written responses will be e-

mailed to all offerors on the RFP Distribution List on or before May 12, 2017.

C. Purpose

In accordance with the relevant sections of the New Mexico Procurement Code (Chapters 13-

1-28 through 13-1-199 NMSA 1978 amended), the Administrative Office of the Courts

(AOC) is accepting sealed proposals from licensed New Mexico attorneys a n d / or firms to

provide professional legal services, as detailed below, in the First, Third, Ninth, Twelfth and

Thirteenth Judicial Districts:

mailto:[email protected]

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1. The First Judicial District consisting of Rio Arriba, Santa Fe, and Los Alamos

Counties, as described below:

Respondents Attorneys for clients whose child or children are the subject of

families in need of court ordered supervision (FINCOS), abuse and neglect,

adoption or guardianship proceedings arising under the New Mexico

Children’s Code; for all cases filed or reopened during the contract period;

and all review hearings for which Notice was filed during the contract period.

Attorneys to act as Guardian ad Litem and/or Youth Attorney of a child or

children who are the subject of a children with families in need of court

ordered supervision (FINCOS), abuse and neglect, adoption, or guardianship

proceedings arising under the New Mexico Children’s Code; for all cases filed

or reopened during the contract period; and all review hearings for which Notice

was filed during the contract period;

Proposals are to be made for the cases filed in the First Judicial District.

2. The Third Judicial District consisting of Dona Ana County, as described

below:



adoption or guardianship proceedings arising under the New Mexico

Children’s Code; for all cases filed or reopened during the contract period;

and all review hearings for which Notice was filed during the contract period.







Proposals are to be made for the cases filed in the Third Judicial District.

3. The Ninth Judicial District consisting of Curry and Roosevelt Counties, as

described below:







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adoption or guardianship proceedings arising under the New Mexico Children’s

Code; for all cases filed or reopened during the contract period; and all review

hearings for which Notice was filed during the contract period.

Proposals are to be made for the cases filed in the Ninth Judicial District.

4. The Twelfth Judicial District consisting of Otero and Lincoln Counties, as

described below:











hearings for which Notice was filed during the contract period

Proposals are to be made for the cases filed in the Twelfth Judicial District.

5. The Thirteenth Judicial District consisting of Sandoval, Cibola, and

Valencia Counties, as described below:











hearings for which Notice was filed during the contract period

Proposals are to be made for the cases filed in the Thirteenth Judicial District and should

be submitted with the knowledge that appointed attorneys will be expected to act in all

three capacities (Respondent, Guardian ad Litem, and Youth attorney) on a rotational

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basis, where no potential conflict exists.

D. Statement of Work

The offeror will provide legal services to clients in a professional and skilled manner in

accordance with the relevant portions of the New Mexico Children’s Code, Performance

Standards for attorneys appointed in cases arising under the Children’s Code, the Rules of

Professional Conduct, applicable case law and rules, and the terms of the contract. A sample

contract is contained in this RFP, see “Attachment D.” The Court reserves the right to negotiate

additional provisions with a successful bidder. All contracts must be reviewed and approved by

the AOC.

Attorneys in abuse/neglect cases shall meet special requirements for a mandatory 10 hours

minimum continuing legal education relevant to practice areas for which they are seeking

appointment.

Attorneys who accept appointments for cases arising under the Children’s Code are required to

submit a case log of hours accounting for time in and out of court, case phase, as well as

mileage in order to be paid. Attorneys must have access to the Internet and a working e-mail

address.

E. Term

Proposals are being considered for Fiscal Year 2018 beginning July 1, 2017 through June 30,

2018. Under the terms of Section 13-1-150, contracts may be subject to extensions not to

exceed a total of four (4) years.

F. Rejection/Cancellation/Acceptance The District Courts and the AOC reserve the right to reject any or all proposals in whole or in

part and to cancel this RFP at any time when it is in their interests to do so. Discussions may

be conducted with offerors who submit proposals determined to be reasonably susceptible of

being selected for the award but proposals may be accepted without such discussions.

G. Proposal Review and the Evaluation Committee

All proposals will be reviewed by the Procurement Manager for compliance with the

mandatory requirements stated within the RFP. Proposals deemed non-responsive will be

eliminated from further consideration.

The Procurement Manager may contact the offeror for clarification of the response.

Proposals will be evaluated and scored by an Evaluation Team appointed by the District Court.

H. General Requirements

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1. Acceptance of Conditions Governing Procurement

Offerors must indicate their acceptance of the Conditions Governing the

Procurement section in the letter of transmittal. Submission of a proposal

constitutes acceptance of the evaluation criteria.

2. Incurring Costs

Any cost incurred by the Offeror in preparation, transmittal, presentation of any

proposal or material submitted in response to this RFP shall be borne solely by

the Offeror.

3. Amended Proposals

An Offeror may submit an amended proposal before the deadline for receipt of

proposals. Such amended proposals must be complete replacements for a

previously submitted proposal and must be clearly identified as such in the

transmittal letter. AOC will not merge, collate, or assemble proposal materials.

4. Offeror Right to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the

deadline for receipt of proposals. The Offeror must submit a written withdrawal

request signed by the Offeror’s duly authorized representative addressed to the

Procurement Manager.

5. No Obligation

This procurement in no manner obligates the AOC or any of its departments or

agencies to the service offered until a valid written contract is approved by the

AOC

6. Terminations

This RFP may be canceled at any time up to and including the deadline for

submitting protests and any and all proposals may be rejected in whole or in part

when the AOC determines such action to be in the best interest of the AOC and

the State of New Mexico.

7. Governing Law

This procurement and any agreement with the Offerors that may result shall be

governed by the laws of the State of New Mexico.

8. Contract Terms and Conditions

The contract between the AOC and the Contractor or Contractors will the follow

the format specified by the AOC and contain the terms and conditions set forth

in “Attachment D.” However the AOC reserves the right to negotiate provisions

with a successful Offeror in addition to those contained in this RFP. Should an

Offeror object to any of the AOC’s terms and conditions as contained in this

Section or in “Attachment D,” that Offeror must propose specific alternative

language that would be acceptable to the AOC. General references the Offeror’s

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terms and conditions or attempts at complete substitutions are not acceptable to

the AOC and will result in disqualification of the Offeror’s proposal. Offerors

must provide a brief discussion of the purpose and impact, if any, of each

proposed change followed by the specific proposed alternate wording.

All contracts for professional services are subject to the review and approval by

the AOC.

9. RFP Termination

This RFP may be canceled at any time and any and all proposals may be rejected

in whole or in part when the AOC determines such action to be in the best

interest of the state courts.

10. Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated or

modified if sufficient appropriations or authorizations do not exist. Such

termination will be effected by sending written notice to contractor. The AOC’s

decision as to whether sufficient appropriations are available will be accepted by

the Contractor as final.

PLEASE READ CAREFULLY:

I. Proposals for appointments in Children’s Court proceedings

Proposals for appointments in Children’s Court proceedings will be evaluated on the following

criteria (see Attachment C): 1) applicant’s ability to meet the case planning standards for each

role relevant to the application (RA, GAL, and or YA.) See Attorney Performance Standards

available at http://www.nmcourts.com/courtappointedattorneys; 2) experience working with the

Children, Youth, and Families Department and community social service or mental health

agencies; 3) current children’s court trial and practice experience and/or related case

experience; 4) proposed contract amount; 5) the applicant’s office organization and

calendaring/docketing system; 6) the applicant’s ability to meet with clients and perform

home visits (for GALs); 7) the applicant’s ability to work collaboratively while maintaining

zealous advocacy; 8) knowledge of relevant federal law, court and administrative rules; 9) the

applicant’s ability to attend out-of-court meetings; 10) the applicant’s view of challenges in

children’s law; 11) list of the following: last Essential Information for Practicing and Presiding

in Child Welfare Cases training (CORE) and cross-trainings attended and number of related

CLEs obtained in 2016; 12) applicant’s current standing with the New Mexico State Bar; and

13) Whether the attorney currently has Child Welfare Law Certification through the National

Association of Counsel for Children. An additional twenty points may be awarded based on

assessment by the local judiciary for a total of 260 possible points. Judicial assessment

includes factors such as any past court experience, court hearing attendance, timeliness,

court demeanor etc. where applicable. Applicants who have not previously appeared

before the court in any capacity shall include three references to count towards this

score. Only proposals that incorporate a flat fee billing schedule shall be considered unless

otherwise noted in the description.

http://www.nmcourts.com/courtappointedattorneys%3B

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Responsive proposals will be evaluated on the factors and assigned points by a local selection

committee. Each of the factors is assigned a point value. (See Attachments C, Sample Score

Sheets). Each type of contract has its own score sheet. The responsive offerors with the highest

scores will be selected as finalist offerors based upon the proposals submitted. Finalist offerors

who are asked or choose to submit revised proposals for the purpose of obtaining best and final

offers will have their points recalculated based on their revised proposal. The responsible

offeror whose proposal is most advantageous to the District Court, taking into consideration the

evaluation factors, will be recommended for contract award. Please note, however, that a

serious deficiency in the response to any one factor may be grounds for rejection regardless of

overall score.

J. Proposal Format Proposals must:

1. Be accompanied by a letter of transmittal. The letter must:

i. Identify the submitting firm or individual;

ii. Identify the name and title of the person authorized to contractually

obligate the firm and or person;

iii. Identify the name, title, and telephone number of the person authorized to

negotiate the contract on behalf of the firm;

iv. Identify the names, titles, and telephone numbers of the person to be

contacted for clarification;

v. Explicitly indicate acceptance of the Conditions Governing the

Procurement as stated in Paragraph H section 1 of this RFP;

vi. Be signed by the person authorized to contractually obligate the firm;

vii. Acknowledge receipt of any and all amendments to this RFP.

2. Identify the judicial district, county or counties, and attorney type for which the

proposal is submitted;

3. Address each of the numbered factors in each practice category as listed in

paragraph H and or I above.

4. Factors must be addressed in the order listed in Paragraph H and or I;

5. Responses should include a heading indicating the factor addressed; be in concise

paragraph form with examples where appropriate. (See paragraph H and or I);

6. Include a current resume;

7. Include verification of malpractice insurance;

8. Include a signed Campaign Disclosure Form (Attachment A);

9. Include a list of CLE courses attended between January 1, 2016 and December 31,

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2016; and

10. Include references if required.

Proposals must be submitted electronically, in one complete submission, in Word or PDF

files to [email protected] with the phrase “CAAFF RFP” in the subject line. Proposals

may not be submitted before April 24, 2017 at 8:00am and must be received by 4:00 p.m.

MST on May 22, 2017.

K. Evaluation Process

1. A representative from the AOC will open the proposals immediately after the

deadline and will record them in a proposal log. Proposals will be reviewed for

compliance with the mandatory requirements within this Request for Proposals.

Proposals deemed to be non-responsive will be eliminated from further

consideration. The determination as to non-responsiveness is under the

discretion of the AOC in coordination with the District Courts is final.

2. The AOC may contact the Offeror for clarification.

3. Proposals deemed to be responsive will be evaluated by a local Evaluation

Committee based on the evaluation criteria and the assigned point value. See

Attachments C. Offerors with the highest points earned will be selected as

finalists. If Offerors are requested to submit best and final responses then they

will have points recalculated based on the best and final response. The

responsible Offeror whose proposal is most advantageous to the District Court,

taking into consideration the evaluation factors, will be recommended for

contract award. Please note, however, that a serious deficiency in the response to

any one factor may be grounds for rejection regardless of overall score.

L. The Campaign Disclosure Form (Attachment A):

The Campaign Disclosure Form must be signed, scanned and submitted electronically to the

Procurement Manager at:

[email protected]

or mailed to:

Sarah Jacobs

Administrative Office of the Courts

237 Don Gaspar, Rm. 25

Santa Fe, New Mexico 87501

or hand-delivered to

Sarah Jacobs

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Administrative Office of the Courts,

237 Don Gaspar, Room 212,

Santa Fe, New Mexico 87501.

Mailed or hand-delivered Campaign Disclosure forms must be in a sealed envelope labeled

CAAFF Proposal. No other portion of a proposal shall be mailed or hand delivered to the

Procurement Manager.

The Procurement Manager will electronically confirm receipt of each proposal within two

business days of receipt. If confirmation is not received, e-mail Sarah Jacobs at

[email protected]. Proposals will be opened beginning on May 29, 2017.

A time-line of events relevant to the RFP, two sample-scoring sheets, and a sample contract are

included as Attachments B, C, and D respectively.

NOTE: The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes

civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico

criminal statutes impose felony penalties for bribes, gratuities and kick-backs.

mailto:[email protected].

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Attachment A

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978,

§ 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor

seeking to enter into a contract with any state agency or local public body for professional

services, a design and build project delivery system, or the design and installation of

measures the primary purpose of which is to conserve natural resources must file this form

with that state agency or local public body. This form must be filed even if the contract qualifies

as a small purchase or a sole source contract. The prospective contractor must disclose whether

they, a family member or a representative of the prospective contractor has made a campaign

contribution to an applicable public official of the state or a local public body during the two

years prior to the date on which the Contractor submits a proposal or, in the case of a sole source

or small purchase contract, the two years prior to the date the Contractor signs the contract, if the

aggregate total of contributions given by the prospective contractor, a family member or a

representative of the prospective contractor to the public official exceeds two hundred and fifty

dollars ($250) over the two year period.

Furthermore, the state agency or local public body may cancel a solicitation or proposed award

for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed

may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement

Code if: 1) a prospective contractor, a family member of the prospective contractor, or a

representative of the prospective contractor gives a campaign contribution or other thing of value

to an applicable public official or the applicable public official’s employees during the pendency

of the procurement process; or 2) a prospective contractor fails to submit a fully completed

disclosure statement pursuant to the law.

The state agency or local public body that procures the services or items of tangible personal

property shall indicate on the form the name or names of every applicable public official, if any,

for which disclosure is required by a prospective contractor.

THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE

FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR

FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS

SUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to

complete a term of an elected office, who has the authority to award or influence the award of the

contract for which the prospective contractor is submitting a competitive sealed proposal or who

has the authority to negotiate a sole source or small purchase contract that may be awarded

without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or

other thing of value, including the estimated value of an in-kind contribution, that is made to or

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received by an applicable public official or any person authorized to raise, collect or expend

contributions on that official’s behalf for the purpose of electing the official to statewide or local

office. “Campaign Contribution” includes the payment of a debt incurred in an election

campaign, but does not include the value of services provided without compensation or

unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of

their time on behalf of a candidate or political committee, nor does it include the administrative

or solicitation expenses of a political committee that are paid by an organization that sponsors the

committee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-

in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural

person; or (b) an owner of a prospective contractor.

“Pendency of the procurement process” means the time period commencing with the public

notice of the request for proposals and ending with the award of the contract or the cancellation

of the request for proposals.

“Prospective contractor” means a person or business that is subject to the competitive sealed

proposal process set forth in the Procurement Code or is not required to submit a competitive

sealed proposal because that person or business qualifies for a sole source or a small purchase

contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a

member or manager of a limited liability corporation, a partner of a partnership or a trustee of a

trust of the prospective contractor.

Name(s) of Applicable Public Official(s) if any: _________________________

(Completed by State Agency or Local Public Body)

DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR:

Contribution made by:

Relation to Prospective Contractor: _________________________________________________

Date Contribution(s) Made: _____________________________________________________

Amount(s) of Contribution(s) _____________________________________________________

Nature of Contribution(s) __________________________________________

Purpose of Contribution(s) __________________________________________

(Attach extra pages if necessary)

___________________________ _______________________

Signature Date

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___________________________ _______________________

Printed Name Title or Position

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY

DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or

representative.

___________________________ _______________________

Signature Date

___________________________ _______________________

Printed Name Title or Position

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Attachment B

Time-Line/Schedule Guidelines

The Procurement Manager will make every effort to adhere to the following schedule:

Action Responsibility Date

1. Issue RFP AOC April 24, 2017

2. Deadline to Submit Receipt of Proposal

Potential Offerors May 3, 2017

3. Deadline to Submit Written Questions

Potential Offerors May 5, 2017

4. Response to

Written Questions

and RFP

Amendments

AOC May 12, 2017

5. Submission of Proposal Offeror May 22, 2017

6. Campaign

Contribution

Disclosure

Offeror May 22, 2017

7. Evaluation of Proposals

and Selection of

Finalists

Evaluation Committee May 29, 2017 through

June 6, 2017

8. Notification of Finalists AOC June 8, 2017

9. Best and Final

Offers from Finalist,

if requested

Offeror(s) June 12, 2017

10. Finalize/Award Contract AOC/Offeror June 19, 2017

11. Protest Deadline Offeror June 26, 2017

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Attachment C

CHILDREN’S COURT EVALUATION POINT TABLE/SUMMARY

The following is a summary of evaluation factors with a point value assigned to each

factor. These factors will be used in the evaluation of individual proposals.

Applicant:

Factor

Score/

Points

Available

Rationale for score

1. Applicant’s experience

working with Children’s

Code cases (including

section 32A-6-1 et seq.).

/20

2. Applicant’s experience with

social service agencies,

CYFD and other service

providers.

/20

3. Applicant’s current practice.

(areas of law)

/20

4. Contract Amount Proposed

/20

5. Description of Applicant’s

office organization,

automation, office hours

(reachable by clients),

calendaring system, and

ability to meet deadlines.

/20


ability to meet with child,

including home visits

and/or adult clients.

/20


ability to work

collaboratively while

maintaining zealous

advocacy.

/20


knowledge of related

federal law and children’s

court and administrative

rules.

/20

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ability to attend out of

court meetings. (CRB,

FCMs, pre-trial mediation)

/20

10. List three challenges to the

practice of Children’s Law /20

11. Last CORE training

attended; last Cross-

Training attended, and

number of related CLEs.

/20

12. Applicant’s standing with

the New Mexico State Bar. /20

13. Judicial assessment score /20

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ATTACHMENT D


CONTRACT NO. ______________

STATE OF NEW MEXICO ADMINISTRATIVE OFFICE OF THE COURTS

PROFESSIONAL SERVICES CONTRACT RESPONDENT/YOUTH AND GUARDIAN AD LITEM ATTORNEY

THIS AGREEMENT is made and entered into this 1st day of July, 2017, by

and between the State of New Mexico, the Administrative Office of the

Courts, hereinafter referred to as the AOC, and , Attorney at

Law, hereinafter referred to as the Contractor.

Contractor Address:

Contractor E-mail:

IT IS AGREED AS FOLLOWS:

1. PURPOSE

The purpose of this contract is to provide high quality legal representation in

the ________Judicial District for children, youth, indigent parents, and other

legal parties who are the subject of abuse or neglect proceedings or Family in

Need of Court Ordered Services (FINCOS) proceedings, including

proceedings for the termination of parental rights, adoption proceedings, or

other abuse/neglect or FINCOS proceedings designated by the AOC, as

defined by statute.

2. SCOPE OF WORK

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A. The Contractor shall:

1) Provide services and otherwise do all things necessary for or

incidental to the performance of work, as set forth on the

Attachment (A-C), Performance Standards, which by this

reference are incorporated herein. The legal services provided

under this Agreement shall be limited to attorney

appointments under the legal authority of the AOC. The

Contractor will remain in compliance therewith throughout the

contract period.

2) Timely provide services and accurate invoices in compliance

with this agreement and as set forth in the attached Appendix,

which by this reference is incorporated herein. Contractor will

remain in compliance with such policies and procedures

throughout the contract period, including

amendments/revisions made thereto by the AOC during the

contract period.

3) Immediately provide written notice to the AOC Court

Appointed Attorney Program (CAAP) office if the

Contractor’s license to practice law has been suspended or

terminated for any reason, including for administrative reasons

such as non-payment of bar dues; or the Contractor is the

subject of a substantiated investigation by the New Mexico

Children Youth and Families Department (CYFD). There is no

obligation to report an unsubstantiated investigation.

4) The Scope of Work may include selective appointment to

CAAP cases in other judicial districts or counties conditioned

upon mutual agreement between the CAAP and the

Contractor. The Contractor will be compensated for all such

work.

5) Liability Insurance:

a. Every attorney accepting assignments through the CAAP

shall continuously maintain professional liability

(malpractice) insurance. Contractors should be aware that

allowing coverage to lapse or be cancelled may have the

effect of voiding coverage for claims made prior to the date

of any new policy.

b. A Contractor who allows her or his insurance to lapse or be

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cancelled shall immediately notify the CAAP of the same

in writing. Contractors who do not provide proof of

continuous professional liability insurance upon request,

are not in compliance with the CAAP Agreement, and may

be ineligible to receive payment for services provided or

have existing cases reassigned.

6) The New Mexico Supreme Court has adopted Performance

Standards for Contractors providing representation in New

Mexico Children’s Code cases, New Mexico Supreme Court

Order NO. 11-8500. Contract counsel shall agree to handle

their cases consistent with the standards. Complaints alleging

that a Contractor has not complied with the Performance

Standards will be investigated pursuant to Complaint

Procedures detailed in the Appendix.

The following attachments are reproduced verbatim from the

above-referenced NMSC order.

Guardians ad Litem (GAL): See Attachment A

Youth Attorneys (YA): See Attachment B

Respondents Attorneys (RA): See Attachment C

3. TERM

The term of this Agreement shall begin July 1, 2017, and shall terminate June

30, 2018, unless sooner terminated. Pursuant to Section 13-1-150(B) NMSA

1978, this Agreement may be extended for a total period not to exceed three

(3) years, on a year-to-year basis. Any extension of this contract is

dependent upon the Contractor’s compliance with the specifications and

requirements detailed herein, and in the incorporated Appendix and

Attachments.

4. COMPENSATION

Contractor must comply with this agreement and all attachments herein. The

Contractor shall regularly review the CAAP website, www.nmcourts.gov, for

updates of the policies, procedures, and guidelines. Should the need for any

change arise, AOC will promptly contact Contractor. By accepting this

Agreement, Contractor agrees to comply with the Appendix and Attachments.

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A. Compensation for the Contractor’s service shall be paid

exclusively from funds appropriated to the AOC by the New

Mexico state legislature for the payment of court-appointed

counsel.

B. Compensation is directly tied to caseload ranges, as listed in the

table below**. Contractor’s caseload range as of July 1, 2017 is

determined to be XXXXX. Payment shall be made to Contractor

for appropriately billed legitimate legal services in twelve equal

monthly payments of XXXX, plus reimbursement for approved

expenses. The amount payable to the Contractor under this

Agreement is inclusive of gross receipts tax. Payment is subject

to quarterly review of Contractor’s caseload as described in

subsections C and D of this section.

** For purposes of the RFP the above listed numbers are estimates and may change prior to

finalization of any contract.

C. Caseload Range to be Reassessed Quarterly

1. The AOC shall monitor Contractor’s caseload quarterly

through the Odyssey Case Management System.

Number of

Cases

Monthly

Compensation

64-75 $6,142.71

52-63 $5,067.21

40-51 $4,009.70

28-39 $2,952.20

16-27 $1,894.70

5-15 $969.38

1-4 $264.38

23

2. The quarterly assessment of Contractor’s caseload shall occur

on the following dates:

i. October 1, 2017

ii. January 1, 2018

iii. April 1, 2018

iv. June 30, 2018

D. Based upon the quarterly assessment of Contractor’s caseload, a

determination shall be made as to whether Contractor’s average

caseload has increased or decreased such that the caseload falls

within a different caseload range. In the event that AOC’s

assessment indicates a change in the caseload range, AOC will

consult with Contractor and provide documentation of the

Contractors’ quarterly caseload summary prior to adjusting

monthly compensation.

E. Contractor may also notify AOC of a change in circumstances

affecting the caseload range. AOC will assess Contractor’s

caseload using the Odyssey Case Management System and

consult with Contractor to determine whether an adjustment of

the caseload range, and associated compensation, is warranted.

F. Caseloads Capped

Attorneys who are receiving appointments should carry a

reasonable caseload that will allow them to provide competent

representation for each of their client. See:

http://www.americanbar.org/content/dam/aba/administrative/child

_law/ParentStds.authcheckdam.pdf

and

http://www.americanbar.org/content/dam/aba/administrative/child

_law/repstandwhole.authcheckdam.pdf

5. Reimbursement

A. Mileage Compensation:

http://www.americanbar.org/content/dam/aba/administrative/child_law/ParentStds.authcheckdam.pdf

http://www.americanbar.org/content/dam/aba/administrative/child_law/ParentStds.authcheckdam.pdf

http://www.americanbar.org/content/dam/aba/administrative/child_law/repstandwhole.authcheckdam.pdf

http://www.americanbar.org/content/dam/aba/administrative/child_law/repstandwhole.authcheckdam.pdf

24

Contractor shall be compensated for actual mileage in conformity

with the mileage policy found in the Appendix. All travel must

occur in a manner that optimizes efficiency. The CAAP will not

reimburse mileage for Contractor’s staff.

Mileage is reimbursable by the AOC for per-trip, out-of-town

mileage when a trip is in excess of 40 miles, pursuant to the

current regulation or New Mexico Supreme Court Administrative

Order NO. 16-8500.

Reimbursement for mileage will be paid for out-of-town mileage

once the specified 40-mile per trip threshold is exceeded at the

following rates:

$0.29 per mile.

B. Reimbursable Expenses

In accordance with the CAAP’s policies, Contractor may receive

reimbursement for approved expenses. See the Appendix for

procedures regarding: mileage, interpreters, expert witnesses,

overnight travel, collateral representation, and other

extraordinary expenses.

C. Child Welfare Law Certification

If Contractor holds a Child Welfare Law Certification through the

National Association of Counsel for Children the Contractor shall

provide documentation of the certification within the first quarter

of the fiscal year (July 1, 2017 – October 31, 2017). The CAAP

will pay for the annual fee or recertification fee if necessary.

Should the Contractor become certified and provide

documentation during the course of the fiscal year the CAAP

shall reimburse the Contractor for the Application Fee and Exam

fee.

See: http://www.naccchildlaw.org/?page=certification

E. Appeals

Upon application to and approval from the CAAP, and contingent

upon the availability of funds, the Contractor may receive a

supplemental payment for appeals. The CAAP will review all the

http://www.naccchildlaw.org/?page=certification

25

circumstances of the Contractor’s involvement in the appeal

before approving or disapproving the application. The Contractor

remains responsible for performing all duties required for

competent representation, with or without approval of the

application.

6. BILLING PROCEDURES

A. AOC will pay Contractor upon submission of properly completed

invoices and documentation, which shall be submitted to the

AOC monthly. The invoices and required documentation shall

describe, to the AOC’s satisfaction, the work performed.

B. If the Contractor works in more than one district, each district

must be invoiced separately.

C. Monthly logs shall be in a format which tracks time spent per

case. Information that must be included:

1. Case number

2. In court hours

3. Out of court hours

4. Phase of case

a. Petition to Adjudication

b. Disposition to Initial Permanency

c. Annually every year thereafter

5. A description of work performed during the invoiced month

6. If Contractor works in more than one capacity, the Contractor

shall indicate which type of attorney – RA/GAL/YA.

* Please see the Appendix for the template for proper

documentation of attorney logs and invoicing.

D. Upon a determination that the services have been received and

accepted, payment shall be tendered to the Contractor, within

thirty (30) days of the date the invoice is received by the AOC. If

the payment is made by mail, the payment shall be deemed

tendered on the date it is postmarked. The AOC shall not incur

late charges, interest, or penalties for failure to make payment

within the time specified herein. If the AOC finds that the

services are not acceptable, it shall provide the Contractor an

26

explanation of the defect or objection to the services, and shall

outline steps the Contractor may take to provide remedial action.

E. No payments in advance or in anticipation of services to be

provided under this Contract shall be made by the AOC.

F. Monthly invoicing, mileage reimbursement and all other invoices

for reimbursement of approved expenses must be e-mailed to the

CAAP or mailed to the CAAP Manager, Administrative Office of

the Courts, 237 Don Gaspar, Room 25, Santa Fe, NM 87501 and

must be submitted within fifteen (15) days of the end of the

month.

G. Late Invoicing

1. If an invoice is received thirty (30) days after the fifteen (15)

days it will be subject to a 20% reduction. If a monthly

invoice is received sixty (60) days or more after the fifteen

days it will not be paid, absent a finding of extenuating

circumstances by the AOC General Counsel.

2. The final monthly invoice (June 2018) must be received by the

AOC no later than ten (10) days after the termination of the

Fiscal Year in which the services were delivered. Invoices

received after such date will not be paid.

3. An invoice is received the date of the email or the postmark

date of the envelope in which the invoice was mailed.

H. The Contractor must fully cooperate with financial audits

performed by the AOC and provide records supporting all billed

activities and expense reimbursement(s) upon the AOC’s request.

The AOC will perform random quarterly auditing. Contractor

agrees that the determination of whether a record supports the

billed activity is solely the AOC’s, as determined at the sole

discretion of the AOC. Contractor agrees that the AOC may

withhold payment on any disputed activity until resolved in a

manner satisfactory to the AOC, as determined at the sole

discretion of the AOC. Contractor agrees to reimburse the AOC

for any fees paid that are unsupported by records, as determined

at the sole discretion of the AOC.

27

7. PROGRAM ASSESSMENT

In order to assess the effectiveness and quality of representation, the CAAP

will conduct an annual program assessment through objective evaluation

survey instruments and courtroom observations.

A. The Contractor will participate in the evaluation process as

requested by the AOC. The Contractor will cooperate with the

CAAP in efforts to improve representation and the CAAP in

general.

B. All evaluations shall be performed in such a manner that will not

unduly interfere with the Contractor’s business or work

hereunder.

C. The AOC may modify program assessment needs as necessary.

8. TERMINATION

A. This Agreement shall terminate at the end of the contract term.

This Contract may be sooner terminated without cause by either

of the parties hereto upon written notice delivered to the other

party at least thirty (30) days prior to the intended date of

termination, or pursuant to the Appropriations section, infra. By

such termination, no party shall nullify obligations already

incurred. For all cases appointed during any month for which the

Contractor received compensation as set forth in the

Compensation section, supra, the Contractor shall provide

services through disposition, even if disposition occurs after the

termination of the contract period.

B. Default by either party is cause for termination, provided that

written notice is given by the other party at least fourteen (14)

days before such termination shall occur. Default is construed to

include failing to provide the services or to comply with the terms

set forth herein.

C. Upon termination, Contractor shall continue to represent his/her

client until substitute counsel enters an appearance. Contractor

shall cooperate with substitute counsel to ensure that the client

continues to be effectively represented. At a minimum,

Contractor shall provide new counsel with a transfer memo that

includes: contact information for the client and other providers in

the case; the date and time of the next hearing in the case; and a

short synopsis of events and issues in the case.

28

9. STATUS OF CONTRACTOR

A. The Contractor and the Contractor’s agents and employees are

independent contractors performing professional services and are

not employees of the State of New Mexico and shall not accrue or

be granted leave, retirement, insurance, bonding, use of state

vehicle, or receive benefits afforded to the employees of the State

of New Mexico as a result of this Agreement. The Contractor

acknowledges that all sums received hereunder are reportable by

the Contractor for tax purposes, including, without limitation,

self-employment and business income tax. The Contractor agrees

not to purport to bind the State of New Mexico to any obligations

not assumed herein by the State of New Mexico, unless the

Contractor has express authority to do so, and then only within

the strict limits of that authority.

B. The Contractor shall avoid employment that would be in conflict

with the Contractor’s duties under this Contract or give the

appearance of impropriety.

10. ASSIGNMENT

The Contractor shall not assign or transfer any interest in this Agreement or

assign any claims for money due or to become due under this Agreement

without prior written approval of the AOC.

11. USE OF ASSOCIATES

A. Contractor will obtain approval from the AOC before utilizing

attorney associates who will be providing legal services

compensable under this Contract. The Contract will be between

the Contractor and the AOC.

B. Contractor shall submit a resume, documentation of liability

insurance, and proof of good standing with the New Mexico

State Bar on behalf of the associate. If the associate is

determined by the CAAP to be qualified, the Contractor will be

informed via e-mail, and the associate may begin to represent

clients.

C. Contractor assumes responsibility for all work performed under

this Agreement, including those cases that are delegated to an

29

associate. Further, the Contractor assumes the entire

responsibility for compensating the associate from funds that the

Contractor receives pursuant to this Agreement.

D. If the Contractor violates this provision, the AOC may terminate

the Agreement.

12. RECORDS, AUDIT, AND QUALITY ASSURANCE

A. The Contractor shall maintain all files, pleadings, and documents

necessary for the competent representation of the client and keep

records that indicate the date, amount of time, and nature of

services rendered for a period of three (3) years from the date of

final payment under this Agreement.

B. A compilation of such records shall be delivered to the AOC

upon request. These records shall be subject to audit by the

Department of Finance and Administration, the AOC, and the

State Auditor. The AOC shall have the right to audit billings both

before and after payment. Payment under this Agreement shall

not foreclose the right of the AOC to recover excessive or illegal

payments.

C. Case files may be kept and/or archived by electronic means,

including encrypted internet storage, disk, or other media

provided the means of storage is encrypted, housed in a secure,

confidential location, and the Contractor maintains a secure

backup system.

D. The Contractor agrees to participate in any quality assurance

process approved by the AOC, including the Program Assessment

described in Section 6 above.

13. APPROPRIATIONS

The terms of this Agreement are contingent upon sufficient appropriations and

authorizations for expenditures being made by the New Mexico State

Legislature for the performance of this Agreement. If sufficient appropriations

and authorizations are not made by the legislature, this Agreement shall,

notwithstanding the provisions of any other paragraph, terminate on the

Contractor’s receipt of written notice of termination from the AOC. The

AOC’s decision of whether sufficient appropriations and authorizations for

expenditures have been made shall be accepted by the Contractor and shall be

final. If the AOC proposes an amendment to the Agreement to unilaterally

30

reduce funding, the Contractor shall have the option to terminate the

Agreement, or to agree to the reduced funding, within thirty (30) days of

receipt of the proposed amendment.

14. RELEASE

The Contractor, upon final payment of the amount due under this Agreement,

releases the AOC, its agents and employees, and the State of New Mexico

from all liability, claims, and obligations arising from or under this

Agreement.

15. CONFIDENTIALITY

Any confidential information provided to or developed by the Contractor in

the performance of this Agreement shall be kept confidential and shall not be

made available to any individual or organization by the Contractor without the

prior written approval of the AOC. This provision shall extend indefinitely

beyond the terms of this Agreement.

16. PRODUCT OF SERVICES: COPYRIGHT

All material developed specifically by the Contractor under this Agreement

shall become the property of the State of New Mexico and shall be delivered

to the court not later than the termination date of this Agreement. No such

material developed, in whole or in part, by the Contractor under this

Agreement shall be subject of an application for copyright by or on behalf of

the Contractor.

17. CONFLICT OF INTEREST; GOVERMENTAL CONDUCT ACT

The Contractor warrants that the Contractor presently has no interest and shall

not acquire any interests, direct or indirect, that would conflict in any manner

or degree with the performance of services required under this Agreement.

The Contractor certifies that the requirements of the Governmental Conduct

Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting

with a public officer or state employee or former state employee have been

followed.

18. PROHIBITION AGAINST DUAL COMPENSATION

The charges for services rendered under this Contract are reimbursable or

subject to compensation only to the extent that such services relate exclusively

and directly to the purpose of this Contract and supplemental or additional

payment for such services is not received by the Contractor from any other

source.

31

19. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE

The Contractor agrees to abide by all federal and state laws and rules and

regulations, and executive orders of the Governor of the State of New Mexico,

pertaining to equal employment opportunity. In accordance with all such laws

of the State of New Mexico, the Contractor assures that no person shall, on the

grounds of race, religion, color, national origin, ancestry, sex, age, physical or

mental handicap, or serious medical condition, spousal affiliation, sexual

orientation or gender identity, be excluded from employment with or

participation in, be denied the benefits of, or be otherwise subjected to

discrimination under any program or activity performed under this Agreement.

If Contractor is found not to be in compliance with these requirements during

the life of this Agreement, Contractor agrees to take appropriate steps to

correct these deficiencies.

20. PENALITES FOR VIOLATION OF LAW

The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978,

imposes civil and misdemeanor criminal penalties for its violation. In addition,

the New Mexico criminal statutes impose felony penalties for bribes,

gratuities, and kickbacks.

21. APPLICABLE LAW

The laws of the State of New Mexico shall govern this Agreement, without

giving effect to its choice of law provisions. Venue shall be proper only in a

New Mexico court of competent jurisdiction in accordance with Section 38-3-

1(G) NMSA 1978. By execution of this Agreement, Contractor acknowledges

and agrees to the jurisdiction of the courts of the State of New Mexico over

any and all lawsuits arising under or out of any term of this Agreement.

22. WORKER’S COMPENSATION

The Contractor agrees to comply with state laws and rules applicable to

workers compensation benefits for its employees. If the Contractor fails to

comply with the Workers Compensation Act and applicable rules when

required to do so, this Agreement may be terminated by the AOC.

23. INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the AOC and the

State of New Mexico from all actions, proceedings, claims, demands, costs,

damages, attorneys’ fees and all other liabilities and expenses of any kind from

32

any source which may arise out of the performance of this Agreement, caused

by the negligent act or failure to act of the Contractor, its officers, employees,

servants, subcontractors, or agents if acting within the scope of their

employment and pursuant to this contract. In the event that any action, suit, or

proceeding related to the services performed by the Contractor or any officer,

agent, employee, servant, or subcontractor under this Agreement is brought

against the Contractor, the Contractor shall, as soon as practicable but no later

than two (2) days after it receives notice thereof, notify the General Counsel of

the AOC by certified mail. As an independent contractor, Contractor is not

covered by or entitled to representation by the Risk Management Division of

the New Mexico General Services Department.

24. INVALID TERM OR CONDITION If any term or condition of this Agreement shall be held invalid or

unenforceable, the remainder of this Agreement shall not be affected and shall

be valid and enforceable.

25. ENFORCEMENT OF AGREEMENT A party's failure to require strict performance of any provision of this

Agreement shall not waive or diminish that party's right thereafter to demand

strict compliance with that or any other provision. No waiver by a party of

any of its rights under this Agreement shall be effective unless express and in

writing, and no effective waiver by a party of any of its rights shall be

effective to waive any other rights.

26. MERGER This Agreement incorporates all the agreements, covenants, and

understandings between the parties hereto concerning the subject matter

hereof, and all such covenants, agreements, and understandings are merged

into this written Agreement. No prior agreement or understanding, verbal or

otherwise, of the parties or their agents shall be valid or enforceable unless

embodied in this Agreement.

27. AMENDMENT This Agreement shall not be altered, changed, or amended except by

instrument in writing executed by the parties to the Agreement and all other

required signatories. If the AOC proposes an amendment to the Agreement to

unilaterally reduce funding due to budget or other considerations, the

Contractor shall have the option to terminate the Agreement, or to agree to the

reduced funding, within thirty (30) days of receipt of the proposed

33

amendment.

28. NOTICES

Any notice required to be given to either party by this Agreement shall be in

writing and shall be delivered in person, by courier service, or by U.S. mail,

either first class or certified, return receipt requested, postage prepaid, as

follows:

To the AOC: CAAP Manager

237 Don Gaspar, Room 25

Santa Fe, NM 87501

To the Contractor:

29. AUTHORITY

If Contractor is other than a natural person, the individual(s) signing this

Agreement on behalf of Contractor represents and warrants that he or she has

the power and authority to bind Contractor, and that no further action,

resolution, or approval from Contractor is necessary to enter into a binding

contract.

30. EFFECTIVE DATE

This Agreement is not effective until signed by all parties and is effective on

the date specified in the Term section of this Agreement.

Signed by the parties on the dates indicated:

Administrative Office of the Courts

BY: _____________________________ Date________________

Arthur Pepin, Director

Contractor

By signing this contract, I verify that I have malpractice insurance with the

following carrier_________________________:

34

BY: ________________________________ Date________________

____________________________________, ___________________

Printed Name Title

THE FOLLOWING IS NOT A PARTY TO THIS AGREEMENT

The records of the Taxation and Revenue Department reflect that the

CONTRACTOR is registered for payment of the New Mexico gross receipts

tax.

New Mexico Tax ID Number:

BY: ______________________________ Date________________

Taxation and Revenue Department

administrative office of the courtssarah jacobs, child welfare and 237 don gaspar, room 25 juvenile...

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