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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 C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 1 of 76 AIS ATTACHMENT 1, Page 1 of 76 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. C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 2 of 76 AIS ATTACHMENT 1, Page 2 of 76 CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR Name:________________________ Name:________________________ Title: _________________________ Title: _________________________ Date: _________________________ Date: _________________________ INDEPENDENT CONTRACTOR INDEPENDENT CONTRACTOR Name:________________________ Name:________________________ Title: _________________________ Title: _________________________ Date: _________________________ Date: _________________________ C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 3 of 76 AIS ATTACHMENT 1, Page 3 of 76 ATTACHMENT 1C1211rev1 Second Amendment McKenzie Defense Consortium, LLCPage 4 of 76AIS ATTACHMENT 1, Page 4 of 76 ATTACHMENT 1C1211rev1 Second Amendment McKenzie Defense Consortium, LLCPage 5 of 76AIS ATTACHMENT 1, Page 5 of 76 ATTACHMENT 1C1211rev1 Second Amendment McKenzie Defense Consortium, LLCPage 6 of 76AIS 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of 76 AIS ATTACHMENT 1, Page 71 of 76 ATTACHMENT 1 C1211 First Amendment McKenzie Defense Consoritum, LLC Page 69 of 71 ATTACHMENT 1 C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 72 of 76 AIS ATTACHMENT 1, Page 72 of 76 ATTACHMENT 1 C1211 First Amendment McKenzie Defense Consoritum, LLC Page 70 of 71 ATTACHMENT 1 C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 73 of 76 AIS ATTACHMENT 1, Page 73 of 76 ATTACHMENT 1 C1211 First Amendment McKenzie Defense Consoritum, LLC Page 71 of 71 ATTACHMENT 1 C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 74 of 76 AIS ATTACHMENT 1, Page 74 of 76 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 C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 75 of 76 AIS ATTACHMENT 1, Page 75 of 76 ATTACHMENT 3 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. C1211rev1 Second Amendment McKenzie Defense Consortium, LLC Page 76 of 76 AIS ATTACHMENT 1, Page 76 of 76