HomeMy WebLinkAboutItem 19 Municipal Court Appointed Attorney Services Contract Renewal AGENDA ITEM SUMMARY Meeting Date: 7/18/2016
Meeting Type: Regular Meeting
Staff Contact/Dept.: Bob Duey Staff Phone No: X 3740
Estimated Time: Consent Calendar
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging
Partnerships and Resources
ITEM TITLE:
MUNICIPAL COURT APPOINTED ATTORNEY SERVICES CONTRACT
RENEWAL
ACTION REQUESTED:
Move to authorize/not authorize the City Manager to sign the second amendment to the contract with McKenzie Defense Consortium, LLC for Court Appointed
Attorney Services for the period from July 1, 2016 to June 30, 2017 with the possibility for another one-year renewal.
ISSUE
STATEMENT:
The Court Appointed Attorney’s contract expires June 30, 2016.
ATTACHMENTS: Attachment 1: Second Amendment to the McKenzie Defense Consortium, LLC Contract
DISCUSSION/ FINANCIAL IMPACT:
In July of 2014 the City entered into an agreement with the McKenzie Defense Consortium, LLC to provide court appointed attorney services as a result of a request for proposals. That contract was renewed for 1 year in June of 2015 and
expires in June of 2016. The city is renewing their agreement for an additional year.
In 2014 the City conducted a request for proposals to select a single firm/consortium to provide indigent defense vs. a rotating list of attorneys to
provide representation. The goal at the time was to provide budgetary stability in
the face of escalating costs for indigent defense both in terms of attorney’s fees and administrative cost control.
The first amendment increased the annual cost from $236,500 to $271,975 for court appointed attorneys. This second amendment increases the annual cost from
$271,975 to $288,294 for court appointed attorneys.
In addition, the second amendment request adds an additional service for providing
representation for non-represented participants in the Courts DUII Diversion Court Program. Upon the advice of the City Attorney’s Office it is recommended that the
City provide for a pilot program of having a court appointed legal representative
present at all Tuesday morning DUII Court hearings and available for phone calls throughout the week to assist participants with their compliance obligations. The
program is beginning with an estimated time of 6 hours per week for a single
attorney at a total cost of $17,640. The program will be reviewed prior to renewal.
Staff requests the Council to authorize the City Manager to sign the second
amendment.
SECOND AMENDMENT TO CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF SPRINGFIELD AND
McKenzie Defense Consortium, LLC Contract #1211
July 1, 2016 Parties:
The City of Springfield “City” 225 Fifth Street
Springfield, OR 97477
And McKenzie Defense Consortium, LLC “Independent Contractor”
CITY Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
236-04210-611012 100%
The Parties hereby agree that the Independent Contractor Agreement dated July 1, 2014 and the First Amendment dated July 1, 2015 between the City of Springfield (City) and McKenzie Defense Consortium, LLC (Independent Contractor) included herein as Attachment 1, is hereby amended for the
second time as follows:
1. Payment by CITY. CITY shall pay Independent Contractor in an amount not to exceed $288,294 annually.
Independent Contractor will be paid in twelve equal monthly payments of $24,024.50. 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 a reimbursement payment will be made by either City or Independent Contractor as appropriate. Additionally, for the one year pilot DUII Diversion Court project CITY shall pay
Independent Contractor in an amount not to exceed $17,640 annually. Independent Contractor will be paid in eleven equal monthly payments, beginning with the August 2016 invoice, of $1,590.00 and for July 2016, $360.
2. Invoice.
2.1. Invoice’s shall be sent on or before the tenth day of month after services have been provided.
Invoice to be sent to Accounts Payable, City of Springfield, 225 5th Street, Springfield, OR 97477 or emailed to ap@springfield-or.gov. Invoice will be paid on net 30 day terms upon CITY acceptance of services performed.
2.2. 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 #. CITY shall not be required to reimburse
extraordinary case expense unless approval by Presiding Judge accompanies the invoice. 2.3. DUII Court monthly invoice in the sum of $1,560 monthly ($360 a week) will include the total client contacts attributed by the assigned attorney for services to DUII Diversion Court clients. The contacts will be separated into two categories; 1. Those contacts in the Tuesday DUII Court and 2. Those out of
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court contacts. The invoice will include a list of docket numbers for the services provided separated by each discrete category. 3. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services
described in Attachment’s 1 and 3 - 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’s 1 and 3 - Scope of Work take’s precedence. Attachment 3 Scope of Work is a one year pilot DUII Diversion Court project.
4. Term. This Agreement is effective as of the date first set forth above and shall continue until June 30, 2017,
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 one (1) one-year period upon agreement of both
parties which includes the review and approval of the Springfield City Council in considerations of the requirements of the Springfield Municipal Code Section 2.708(3).
6. First Point of Contract.
Independent Contractor: Jeff R. Johnson, PH: 541.345.9129, johnsonagate@aol.com
CITY: Allison Sederlin, PH: 541.726.4180, asederlin@springfield-or.gov
17. Termination.
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 $145 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. Independent Contractor will be allowed to issue an invoice for the
month or prorated partial month for services rendered prior to the date of termination.
ATTACHMENT 1 – Scope of Work
3. COMPENSATION The Independent Contractor shall receive a flat amount annually based on a 2210 caseload for providing
services. (Caseload does not include the DUII Court contacts articulated in SOW 3). 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.
The compensation schedule is based on an average of 2210 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 a reimbursement payment will be made by either City or Independent Contractor. If the annual case load exceeds 110% (2431 cases) the City shall
compensate Independent Contractor at the rate of $145.00 per case. If the annual case load is below 90% (1989 cases) Independent Contractor will reimburse City at a rate of $110.00 per case.
Except as amended herein, all other terms and conditions of the Independent Contractor Agreement
between Parties dated July 1, 2014 and the First Amendment dated July 1, 2015 will remain in full force
and effect.
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CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR
Name:________________________ Name:________________________
Title: _________________________ Title: _________________________
Date: _________________________ Date: _________________________
INDEPENDENT CONTRACTOR INDEPENDENT CONTRACTOR
Name:________________________ Name:________________________
Title: _________________________ Title: _________________________
Date: _________________________ Date: _________________________
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ATTACHMENT 3
Scope of Work (SOW)
Purpose of Project:
This is a pilot project for one year for fiscal year 2017 (July 26, 2016 - June 30, 2017) to provide
access to legal advice and assistance to unrepresented criminal defendants who have cases
pending before the driving under the influence of intoxicants (DUII) Diversion Court (prior to
the filing of any show cause proceedings). Any future for this project beyond June 30, 2017 will
be based upon historical data.
This SOW is in addition to the Services provided in ATTACHMENT 1. This new, SOW
ATTACHMENT 3, would not change operations in ATTACHMENT 1 SOW for provision of court-
appointed legal services, and representation for indigents who are served with Orders to Show
Cause why diversion should not be terminated would continue to be handled as in the past
according to the provisions of the existing ATTACHMENT 1 SOW.
Desired Outcomes/Project Objectives
Increase successful completion of DUII Diversion. The purpose is to facilitate the
success of individuals in completing the requirements of DUII diversion by the provision
of appropriate legal advice.
Final Deliverables/Work Products
Independent Contractor will provide legal advice and assistance for unrepresented
defendants who have cases pending before the DUII Diversion Court, by an attorney
designated from among the Independent Contractors current court approved and
qualified attorneys. The designated attorney would answer inquiries on DUII diversion
cases on a continuing basis (unless some other attorney was assigned to fill-in in case of
illness or other unavailability of the regular attorney). The assigned attorney would
answer all unrepresented client inquiries on cases pending before the DUII Court for the
week and be available during DUII court for consultation with any unrepresented DUII
diversion clients. It is anticipated the assigned attorney would respond to telephone
inquiries in the week leading up to DUII Diversion Court appearances and provide legal
advice.
City of Springfield Responsibilities
The City, through the Municipal Court staff shall provide to the Independent Contractor
and the assigned attorney a copy of the pending DUII Court docket listing docket
numbers and names of defendants and, to the extent that staff is aware which
defendants are presently represented by counsel. As the docket is altered, the MDC
and the assigned attorney should be advised of such changes. The City shall provide to
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Scope of Work (SOW)
the unrepresented defendant’s the telephone number of the designated assigned
attorney for inquiries.
The City shall pay MDC the sum of $360 per week for each week that the assigned MDC
attorney provides services to unrepresented DUII Diversion Court clients. The City’s
payment of invoices shall occur three weeks after the MDC weekly invoice is submitted
to the City.
SUPPLIER Responsibilities
Provide legal representation by city approved and state licensed counsel for DUII Court.
Independent Contractor shall submit to the City a monthly invoice for the sum of $1,560
monthly ($360 a week) which will include the total client contacts attributed by the
assigned attorney for services to DUII Diversion Court clients. The contacts will be
separated into two categories; 1. Those contacts in the Tuesday DUII Court and 2. Those
contacts out of court including a list of docket numbers for the services provided for
each category.
Timeline, Major Milestones or Tasks
Commence services on Tuesday, July 26, 2016 and then on a weekly basis. The total number
of cases handled during DUII Diversion Court will not be counted in the regular Independent
Contractor caseload, and the provision of legal advice and assistance to DUII Diversion clients
prior to the filing of Orders to Show Cause on diversions will not affect the regular
appointment of counsel on any Show Cause Orders pursuant to the general contract for legal
services.
Proposed Budget (not to exceed amount: $17,640 .00 per year)
Independent Contractor may bill up to six hours per week at $360 per week for up to 49
Tuesdays each year or the number of weeks that court is session.
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