HomeMy WebLinkAboutItem 08 Municipal Court Appointed Attorney Services to the City of Springfield AGENDA ITEM SUMMARY Meeting Date: 5/19/2014
Meeting Type: Regular Meeting
Staff Contact/Dept.: Bob Duey Staff Phone No: X 3740
Estimated Time: 10 Minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and
Innovative Government Services
ITEM TITLE: MUNICIPAL COURT APPOINTED ATTORNEY SERVICES TO THE CITY OF SPRINGFIELD
ACTION
REQUESTED:
Move to authorize/not authorize the City Manager to negotiate and sign an
agreement with McKenzie Defense Consortium, LLC for Court Appointed Attorney Services for the period from July 1, 2014 to June 30, 2015 with three (3)
one (1) year renewals.
ISSUE STATEMENT:
The City of Springfield currently contracts with numerous individual attorneys on a
rotating basis for court appointed services. Substantial increased activity in the
Court has resulted in this system becoming administratively inefficient for the Court and requires additional coordination for the City’s Prosecutor. Re-
appointments of a second attorney for a single defendant for show causes and
failures to appear results in additional cost and time. Court Administration is looking to improve the current system and control future costs by contracting with
single firm for all appointments.
ATTACHMENTS: Attachment 1: Sample contract with McKenzie Defense Consortium, LLC and copy of the RFP Response
DISCUSSION/
FINANCIAL IMPACT:
In a Financial Judiciary review February 24, 2014 Council work session it was
recommended the staff embark on a sourcing exercise for the City court appointed services. In March 2014 a Request for Proposals (RFP) was publically issued in
accordance with City purchasing administrative regulations. The City received
two responses – Rosta & Connelly, P.C. and McKenzie Defense Consortium, LCC. The RFP proposals submitted were evaluated by the City Manager’s Office, Police
Department, the Prosecutor’s office, three sitting Judges, the Court Supervisor and the Director of Finance, who is also the Court Administrator.
The RFP was issued for an estimated case load of over 2,100 new case appointments per year with an existing backlog of show causes. Criteria for evaluation included cost, qualifications, service delivery, workload management
and proposal completeness.
The McKenzie Defense Consortium, LCC has been selected as the most responsible
respondent. The value of the contract is estimated to be $236,500.
Expenses for indigent representation in FY12 were $220,000 and in FY13 were
$238,500. FY14 is projected to be similar to FY13. The contract value is not anticipated to reduce the line item budget for indigent defense, but a single
consortium providing the services will have a significant effect on soft cost savings
which include court staff time and city prosecutor’s discovery efforts.
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Contract # 1211
Dated: July 1, 2014
Parties: The City of Springfield (“CITY”)
A municipal corporation in the State of Oregon
225 Fifth Street
Springfield, Oregon 97477
and
McKenzie Defense Consortium, LLC (“Independent Contractor”)
Additional Independent Contractor Information:
A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation
B. Address: 541 Willamette St., Suite 110, Eugene, OR 97401 C. Telephone: 541.484.0264
D. Fax No: 541.484.0529
E. SSN or Fed. I.D. No: 46-5336034 F. Professional License(s) No: See RFP Response
G. Oregon Agency Issuing License: Oregon State Bar Association H. Foreign Contractor Yes No (Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B (11).
CITY Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions:
1. Payment by CITY. CITY shall pay Independent Contractor in an amount not to exceed $236,500 annually. Independent Contractor will be paid in twelve equal monthly payments of $19,708.33. At the end of each fiscal year if the actual caseload is greater than one hundred ten percent (110%) or
less than ninety percent (90%) of the estimated average annual case load either a reimbursement payment will be made by either City or Independent Contractor.
2. Invoice. Invoice shall be sent on or before the tenth day of month after services have been provided.
The invoice shall include the monthly statistical data pertaining to caseload (total number of attorney hours and case dispositions) for the prior month and an accounting of all pre-approved case
expenses incurred, with all expenses referenced by case #. Invoice to be sent to Kathy Cunningham, City of Springfield, 230 4th Street, Springfield, OR 97477. Invoice will be paid on net 30 day terms
upon City. CITY shall not be required to reimburse extraordinary case expense unless approval by Presiding Judge accompanies the invoice.
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3. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described in Attachment 1 - Scope of Work and Attachment 2 McKenzie Defense
Consortium RFP response dated April 9, 2014 attached hereto and incorporated herein by this reference. For any conflicting terms and conditions the Attachment 1 - Scope of Work take’s
precedence.
4. Term. This Agreement is effective as of the date first set forth above and shall continue until June 30, 2015, unless earlier terminated in accordance with the provisions of this Agreement or by mutual
consent of the parties. This Agreement may be extended for additional three (3) one-year periods upon agreement of both parties which includes the review and approval of the Springfield Common
Council in considerations of the requirements of the Springfield Municipal Code Section 2.708(3).
5. Sourcing. Contract awarded pursuant RFP#1103 Court Appointed Attorney’s issued March 7, 2014.
6. First Point of Contract. Independent Contractor: Jeff Johnson, PH:541.484.0264,
jjohnson@mckenziedefense.com CITY: Kathy Cunningham, PH: 541.726.2353, kcunningham@springfield-or.gov
7. Independent Contractor Status. By its execution of this Agreement, Independent Contractor
certifies its status as an “Independent Contractor” as that term is used under the laws of the State of Oregon, and that all performance of any labor or services required to be performed by Independent
Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and
incorporated herein by this reference. 8. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited
to ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as more fully set forth on Exhibits “A” and “B” attached hereto and incorporated herein by this reference.
9. Work Performed. The work to be performed by Independent Contractor includes services generally
performed by Independent Contractor in his/her/its usual line of business.
10. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not
limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Independent
Contractor.
11. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing.
12. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to
perform the services required unless otherwise agreed in writing.
13. No Authority to Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, it’s officers, agents and employees. This Agreement shall not create a partnership
or joint venture of any sort between the parties.
14. Federal Employment Status. In the event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not currently
employed by the Federal Government and the amount charged does not exceed Independent Contractor’s normal charge for the type of services provided
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15. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent
Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume
defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting
from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent
Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a
condition or contributory cause of the claim, liability loss, damage or injury and irrespective or whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather
than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages
resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 16 below shall not negate Independent
Contractor’s obligations in this paragraph.
16. Insurance. 16.1. General Insurance. City standard insurance limits modified to meet the Oregon Office of
Public Defense 2014 Public Defense Legal Services Contract section 7.3.51- General Liability Insurance. The Independent Contractor and sole practitioner member of the
consortium procure shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written not less than $500,000 per occurrence for bodily
injury or property damage with an extended coverage endorsement form an Insurance company authorized to do business in the State of Oregon. The City, its employees, officials
and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services
performed under this Agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the
Independent Contractor’s agents, representatives or subcontractors. This insurance will be
primary over any insurance the City may carry on its own. Independent contractor
understands that CITY is a public entity subject to the requirements of the Oregon
Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial
obligations or liabilities are modified by any amendment to the liability limits imposed by the
Oregon Governmental Tort Claims Act, Independent contractor agrees that the limits
regarding liability insurance set forth in this Section16.1 will be modified to conform to such
limits. Independent contractor and CITY shall sign an amendment to this Agreement incorporating such modification. 16.2. Professional Liability Fund. Independent Contractor shall maintain in force during the duration of this Agreement a professional liability fund policy per attorney with limits no less than $300,000, approved by the City’s Risk Manager as to terms, conditions and limits. The policy shall contain an endorsement entitling City to not less than 60 days prior written notice
of any material change, non-renewal or cancellation of such policy. Contractor shall maintain professional liability insurance coverage for at least one year after completion of the work
described in this Agreement. 16.3. Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws. If Independent Contractor is exempt from coverage,
a written statement signed by Contractor so stating the reason for the exemption shall be provided to the City. 16.4. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City
approved certificate of insurance before any work or services commence.
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16.5. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Contractor shall provide written notice to the City contract
manager within 2 calendar days after the Contractor becomes aware that their coverage has been canceled or has been materially changed. The Contractor shall either fax 541-726-
3782 said notice or email it directly to Bob Duey (rduey@springfield-or.gov), Finance Director at the City. Regardless of what circumstances caused Contractors insurance coverage to
cease or be modified, it is the contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for
immediate termination of this contract.________(Contractor initials) 16.6. Equipment and Material. The Independent Contractor shall be responsible for any loss,
damage, or destruction of its own property, equipment, and materials used in conjunction with the work.
16.7. Subcontractors. The Independent Contractor shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers’
compensation insurance with coverage’s equivalent to those required of the general contractor in this contract. The Independent Contractor shall require certificates of insurance
from all subcontractors as evidence of coverage. 16.8. Exception or Waivers. Any exception or waiver of these requirements shall be subject to
review and approval from the City’s Risk Manager.
17. Termination. 17.1. The performance of work under this Agreement may be terminated by CITY, in whole or in
part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Independent
Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon
delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY shall, by agreement, make an appropriate written
modification to this Agreement governing completion of portions of the independent Contractor’s work and payment therefore by CITY.
17.2. Upon termination of the agreement by either party, the Independent Contractor shall complete timely and adequate legal services on all existing court appointments on cases
assigned before the effective date of the termination. The phase-out plan approved by the CITY may include transitioning all active cases to another Independent Contractor under
contract with the CITY, or if the Independent Contractor retains existing clients until those cases are closed, compensation shall be made on a case basis at a rate of $95 per case or
as agreed upon in a CITY approved phase-out plan at the CITY sole discretion. Under no circumstances will the monthly payment be made to the Independent Contractor after this
agreement is terminated. 17.3. If Contractor enters into this Agreement as part of a consortium with other Contractors,
Contractor agrees that if any member of the said consortium terminates their Agreement with the City to provide services described in this Agreement, or the CITY terminates its
Agreement with another member of the consortium, Contractor agrees to cooperate with the City in developing a plan to provide legal services for the remainder of the Agreement.
17.4. CITY may terminate this contract for cause, for the following reasons: 17.4.1. Contractor’s material breach of this Agreement including material misuse of
Agreement funds; 17.4.2. Contractor’s willful or habitual disregard of the procedures required by the courts in
which Contractor provides services; 17.4.3. Contractor’s demonstrated continued inability to serve adequately the interest the
interest of its clients. 17.4.4. Contractor’s failure to abide by standards of performance and rules of professional
conduct; or
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17.4.5. Some other cause which has substantially impaired Contractor’s ability to provide adequate legal services under this contract or fulfill the obligation of this Agreement.
18. Rights In Data. All original written material, including programs, card decks, tapes, listings, and
other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during
the course of this Agreement by Independent Contractor personnel can be used by either party in any way it may deem appropriate. Material already in Independent Contractor’s possession,
independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong to Independent Contractor. This
agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to
this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section.
19. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent,
employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and
employee performing services of the confidentiality obligation that pertains to such information.
20. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior
written approval of CITY. No such written approval shall relieve Independent Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of
Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred.
21. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns.
22. Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed
under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Independent Contractor.
23. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may
adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.
24. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may
terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement.
25. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit
against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services
performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with
such claim or suit.
26. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.
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27. Access To Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
28. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement.
29. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of CITY, No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or
ordered by a Court.
30. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations.
31. Dual Payment. Independent Contractor shall not be compensated for work performed under this
contract from any CITY agency other than the agency which is a party to this contract.
32. Remedies. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, and any litigation arising out of this Agreement shall be conducted in the courts of
the State of Oregon, County of Lane.
33. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties,
their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
INDEPENDENT CONTRACTOR INDEPENDENT CONTRACTOR
By: By:
Name: Name:
Title: Title:
Date: Date:
INDEPENDENT CONTRACTOR CITY OF SPRINGFIELD
By: By:
Name: Name:
Title: Title:
Date: Date:
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EXHIBIT A
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Status
All performance of any labor or services required to be performed by Independent Contractor
shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as
follows:
A person is customarily engaged in an independently established business if any three of the
following six requirements are met:
1. The person maintains a business location:
a. That is separate from the business or work location of the person for whom the
services are provided; or,
b. That is in a portion of the person’s residence and that portion is used primarily
for the business.
2. The person bears the risk of loss related to the business or the provision of services as
shown by factors such as:
a. The person enters into fixed-price contracts;
b. The person is required to correct defective work;
c. The person warrants the services provided; or,
d. The person negotiates indemnification agreements or purchases liability
insurance, performance bonds or errors and omissions insurance.
4. The person provides contracted services for two or more different persons within a 12-
month period, or the person routinely engages in business advertising, solicitation or
other marketing efforts reasonably calculated to obtain new contracts to provide similar
services.
5. The person makes a significant investment in the business, through means such as:
a. Purchasing tools or equipment necessary to provide the services;
b. Paying for the premises or facilities where the services are provided; or
c. Paying for licenses, certificates or specialized training required to provide the
services.
6. The person has the authority to hire other persons to provide or to assist in providing
the services and has the authority to fire those persons.
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EXHIBIT B
City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Pursuant to Oregon law, every public contract shall contain the following conditions: 1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1) 2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2). 3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3). 4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4). 5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.
6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279B.230. 7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3). 9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions: 10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279C.505(1)(a). 11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279C.505(1)(b). 12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c). 13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d). 14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
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15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515. 16) The payment of a claim does not relieve the contactor or the contractor’s surety from obligation with respect to any unpaid claims. ORS 279C.515(4).
17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279C.100, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or, b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and, c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1).
An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.520(2). 18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3). 19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279C.520(5) 20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract. A solicitation document must also make special reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under ORS 279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the
successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under ORS 279C.525(1), the successful bidder shall immediately give notice of the condition to the contracting agency. The successful bidder may not commence work nor incur any additional job site costs in regard to the condition encountered and described in ORS 279.525(3) without written direction from the contracting agency. ORS 279C.525. 21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1). If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)
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ATTACHMENT 1
SCOPE OF WORK
The basic services required are legal representation and administrative support services necessary to provide effective, efficient legal representation that meets established professional standards of practice.
1. INTRODUCTION
The Springfield Municipal Court has jurisdiction over misdemeanors, violations and civil infraction matters that
occur within the City of Springfield city limits. Persons charged with a misdemeanor are entitled to legal representation regardless of their ability to pay and the Springfield Municipal Court may contract with individual
attorneys, private firms, consortiums, and full time nonprofit public defender organizations for these services.
Current Representation The City of Springfield currently provides representation to those persons determined by the Springfield Municipal
Court Judge to be indigent and entitled to court appointed counsel. The current representation model for appointment of counsel is on a rotating basis from a list of pre-screened court appointed attorneys. They are
compensated based on the number of charges on which they are appointed and the disposition of the court appearance (trial by jury or judge, settlement or failure to appear). Attorneys are withdrawn from the case upon
failure to appear or case disposition; reappointments are made upon judicial approval of application from the defendant.
The citizens of Springfield place a high priority on public safety and have approved bond measures to build and tax
levies to operate a municipal jail. The municipal jail has reduced the number of instances defendants in municipal court have failed to appear for their assigned court dates and allowed cases in Springfield Municipal Court to be
resolved more quickly than if the court had to rely on sentencing defendants to the county jail.
The table below reflects court appointed attorney case activity in the past three fiscal years. The City of Springfield fiscal year commences July 1 and concludes June 30. Approximately 74% of the dispositioned misdemeanor
charges involved Court Appointed Attorney (CAA) representation. The City of Springfield Municipal Court has jurisdiction over misdemeanors, violations, and civil infractions cases. Appointments are made for initial
disposition of the charge and for show cause probation violation proceeding if required.
2. SCOPE OF WORK The selected Independent Contractor shall provide effective and efficient legal representations for all court
appointed indigent clients at Springfield Municipal Court.
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Independent Contractor will meet with clients, investigate cases, propose resolutions options, adequately staff and
attend all court sessions, (excluding violation arraignment and trial sessions, truancy court sessions and open court
sessions), represent clients in bench and jury trials, negotiate and litigate contempt’s, show cause hearings and sentencing on all misdemeanors for indigent clients. Upon notice of appointment, if client is in custody, Independent Contractor will meet with clients in respective custodial facility within 24 hours excluding weekends
and holiday (defendants are not transported to the Springfield Municipal Court for initial meetings). Adequate staff levels for court session will be based on the number of cases set. In additional to client representation at court sessions, regular participation in meetings with the City Administration, Court staff and Prosecutor’s office
regarding case flow and case management of misdemeanors will also be required. 3. COMPENSATION
The Independent Contractor shall receive a flat amount annually based on a 2115 caseload for providing services. Equal monthly payments will be made upon receipt of invoice for the prior month’s work. Information to be included in the invoice is subject to Municipal Court approval. Invoice shall be sent on or before the tenth day of
month after services have been provided. The invoice shall include the monthly statistical data pertaining to caseload (total number of attorney hours and case dispositions) for the prior month and an accounting of all pre-approved case expenses incurred, with all expenses referenced by case #. Invoice to be sent to Kathy Cunningham,
City of Springfield, 230 4th Street, Springfield, OR 97477. Invoice will be paid on net 30 day terms upon City. CITY shall not be required to reimburse extraordinary case expense unless approval by Presiding Judge accompanies the invoice.
The compensation schedule is based on an average of 2115 cases annually (July 1 through June 30). At the end of
each year if the actual caseload is greater than one hundred ten percent (110%) or less than ninety percent (90%) of the estimated average annual case load either a reimbursement payment will be made by either City or Independent
Contractor. If the annual case load exceeds 110% (2326.5 cases) the City shall compensate Independent Contractor at the rate of $95.00 per case. If the annual case load is below 90% (1903.5 cases) Independent Contractor will
reimburse City at a rate of $80.00 per case.
4. GENERAL INFORMATION
a) Springfield Municipal Court must approve and assign indigent clients to court appointed counsel. b) All court appointed attorneys must meet the minimum attorney qualification standards for the types of
cases processed at Springfield Municipal Court, as specified in the State of Oregon Office of Public Defense Services Best Practices for Oregon Public Defense Providers.
c) Court appointed attorneys must maintain meaningful attorney/client relationship’s in accordance with the Oregon’s Rules of Professional Conduct.
d) Appointment to a case shall terminate upon case disposition or other court event; or when a motion to withdraw has been granted.
e) Independent Contractor will be responsible for any subcontracting due to workload issues or conflict of interest cases with Independent Contractor’s law firm. If a case filed has more than one client, the
Independent Contractor will be responsible for contracting with a conflict attorney. f) Misdemeanor case load per Independent Contractor firm individual attorney not to exceed 400 per
attorney practice, per year inclusive of Municipal court referrals and retrained cases. g) Court appointed attorneys are responsible for all reasonable and necessary administrative expenses that
are ordinary and related to routine case investigation, preparation and trial. Inclusive of yet not limited to copies, long distance expenses, and mileage.
h) All case expenses are subject to judicial approval prior to expenditure of funds for case expenses. Extraordinary case expenses must be preauthorized by the presiding judge in accordance with ORS
135.055(3). Extraordinary case expenses may include expert witnesses, psychiatric exams, and extraordinary investigation requiring an investigator’s services. Psychiatric examinations for fitness to
proceed will be conducted upon judicial approval and will be conducted by psychologists and or psychiatrists currently contracted for by the Springfield Municipal Court. For Court appearances and
client meeting’s language interpreter services are set by the Court. i) Court appointed counsel shall make best efforts to finalize trial settlement negotiations 21 days prior to
the scheduled trial date pursuant to court practice. Springfield Municipal Court requires court appointed counsel to be prepared to appear promptly for all court sessions.
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j) Springfield Municipal Court requires all court appointed counsel and staff to establish and maintain
professional working relationships with Springfield Municipal Court judges, staff, and City of
Springfield Prosecutor and staff and the staffs of the Springfield Municipal Jail, Springfield Police Department, Springfield Finance Department and Lane County Jail. k) Independent Contractor shall provide statistical data pertaining to caseload and client appointments.
Data will be reported to Springfield Municipal Court monthly along with month-end invoice. l) Springfield Municipal Court requires the Independent Contractor to have equipment and information systems to provide effective and efficient legal services.
m) Springfield Municipal Court will provide use of the two conference rooms located in the Courtroom for consultations between attorneys and their clients between the hours of 8:00 am to 4:00 pm Monday through Friday excluding holidays; no client in custody will be permitted to use the conference rooms;
meetings for clients in custody must be held in respective custodial facility. Springfield Municipal
Court does not allow unescorted access to restricted areas.
5. REQUIREMENTS a) Minimum qualifications for attorneys: i. Attorneys 1. Must have a minimum of two (2) years’ experience with misdemeanor cases,
including trial experience; 2. Must be in good standing with Oregon State Bar
ii. Independent Contractor must demonstrate plan for managing conflict of interest cases. Plan must include for an individual attorney of conflicts for the firm. The attorney(s) designated
for conflict of interest is subject to Springfield Municipal Court approval. Independent Contractor shall be responsible for conflict council from its monthly budget.
iii. Independent Contractor will provide an ADA compliant facility to provide effective and efficient legal services for attorneys, staff and clients or make reasonable accommodations. iv. Attorneys must successfully pass a Criminal Justice Information System (CJIS) fingerprint based background check.
v. Professional Liability Fund coverage minimum of $300,000 per attorney. vi. Attorneys must meet the Oregon Office of Public Defense 2014 Public Defense Legal
Services Contract section 7.3.51- General Liability Insurance. The Independent Contractor and sole practitioner member of the consortium procure shall maintain in force for the
duration of this agreement a Commercial General Liability insurance policy written not less than $500,000 per occurrence for bodily injury or property damage with an extended coverage
endorsement form an Insurance company authorized to do business in the State of Oregon.
6. DEFINITIONS
a) Appointment. The word “appointment” is defined to include the Court’s original designation of Independent Contractor; and Independent Contractor’s acceptance of such designation, as the attorney
for a Client with respect to a case as well as the legal engagement under which Independent Contractor represents the legal interests of the client arising from a case. Independent Contractor’s appointment
shall be effective upon assignment by the Court and shall terminate upon the occurrence of one of the following events: when a case has reached disposition; when a warrant has been issued due to the
client’s failure to appear and has not been cleared either by arrest or otherwise within six months of date of issuance; or when a motion to withdraw has been granted. There may be multiple appointments
on a single case. Appointments are further subject to termination by the Court if the defendant no longer qualifies as indigent.
b) Case (or Police Case). A “case” shall include all charges for one defendant arising from a single incident, the allegations of which resulted in Independent Contractor’s appointment, notwithstanding
multiple docket numbers. Show cause appearances are a separate case. Independent Contractor will receive ½ case credit for all show cause events associated with a case number.
c) Case Expenses. The term “case expenses” means and includes all out-of-pocket expenses incurred by Independent Contractor for discovery, expert witnesses, psychiatric exams, private investigators and
similar services that are reasonably necessary to advance the defense of a client in a case.
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d) Caseload. The term “caseload” means the amount of work assigned to Independent Contractor. With
respect to any period of time, the caseload for such period of time shall be equal to the number of cases
dispositioned during that period, not including charges which have been purged, which have current warrants issued, or any pending show cause hearings. e) Client. The word “client” means any person who has been appointed to Independent Contractor for
legal assistance, until such time as the appointment terminates. The relationship between a client and Independent Contractor is that of client and attorney, in which the City shall have no private knowledge or concern.
f) Disposition. The word “disposition” means the sentencing or other final settlement of a criminal case at the level of the Court.
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