HomeMy WebLinkAboutItem 13 Extension of Contract with Mckenzie Defense Consortium AGENDA ITEM SUMMARY Meeting Date: 6/25/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Bob Duey /Finance Staff Phone No: 541-726-3740
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: Financially Responsible
and Stable Government
Services ITEM TITLE: EXTENSION OF CONTRACT WITH MCKENZIE DEFENSE CONSORTIUM FOR THE SERVICE OF COURT APPOINTED ATTORNEYS
ACTION
REQUESTED:
Approve a six month extension of the contract between the City and McKenzie
Defense Consortium for the services of court appointed attorneys that will run from July 1, 2018 to December 31, 2018
ISSUE
STATEMENT:
The City has contracted with the McKenzie Defense Consortium since July 2014
for court appointment attorney services. The contract has been previously amended 3 times (July 2015, July 2016, and July 2017) each for an additional 12 month
period. The staff has previously recommended that the service be put out for bid as per standard procedures but with the recent or possible changes in court operations felt that June 30 renewal date was too soon for completion. A request for proposal
has been started with a planned implementation date of January 1, 2019. Staff has asked and McKenzie Defense Consortium has agreed to a six month extension of
the current contract to allow for the service to be reviewed.
ATTACHMENTS: 1.) Fourth Amendment to Contract with McKenzie Defense Consortium, LLC
FINANCIAL/
IMPACTS
The current annual contract with the McKenzie Defense Consortium expires June
20, 2018. The value of the current contract is $405,000 for the main contract and an additional $19,080 for the DUII Court. The requested 6 month extension is essentially keeping all of the same costs and requirements with the exception of
prorating all contract costs and case load requirements from the previous full year to the one-time 6 month extension.
The six month contact value will be $202,500 for the primary services and a not to exceed month cost of $1,590 for the DUII Court.
DRAFTFOURTH AMENDMENT TO CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF SPRINGFIELD AND
McKenzie Defense Consortium, LLC
Contract #1211
July 1, 2018 Parties:
The City of Springfield “City” 225 Fifth Street Springfield, OR 97477
And
McKenzie Defense Consortium, LLC “Independent Contractor”
The Parties hereby agree that the Independent Contractor Agreement dated July 1, 2014 and the First
Amendment dated July 1, 2015 and the Second Amendment dated July 1, 2016 between the City of Springfield (City) The Third Amendment dated July 1, 2017 and McKenzie Defense Consortium, LLC
(Independent Contractor) included herein as Attachment 1 Fourth Amendment, is hereby amended for the
Fourth time as follows. The following Sections only are amended. Omitted remaining sections and text
remain in full force and effect.
1. Payment by CITY. 1.1. CITY shall pay Independent Contractor in an amount not to exceed $205,500 for a period of six (6)
months. Independent Contractor will be paid in six equal monthly payments of $33,750.00. 1.2. At the end of the six (6) month period if the actual caseload is greater than one hundred ten percent
(110%) or less than ninety percent (90%) of the estimated average six (6) period the case load a reimbursement payment will be made by either CITY or Independent Contractor as appropriate.
1.3. In addition to the Court Appointed Representation noted in 1.1 for the DUII Diversion Court project CITY shall pay Independent Contractor in an amount not to exceed $9,540 for the six (6) month period.
Independent Contractor will be paid in six (6) equal monthly payments of $1,590.00.
2. Invoice. ****
2.3. DUII Court monthly invoice in the sum of $1,590 monthly ($360 per week) will include the total client contacts attributed by the assigned attorney for services to DUII Diversion Court clients. The invoice will reflect only those number of weeks that court is in session. The contacts will be separated into two
categories; 1. Those contacts in the Tuesday DUII Court and 2. Those out of court contacts. The invoice will include a list of docket numbers for the services provided separated by each discrete
category. 4. Term. This Agreement is effective as of the date first set forth above and shall continue until December 31,
2018, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the
parties. This Fourth Amendment is the last of any possible amendments.
34. Americans with Disabilities Act Compliance. Independent Contractor will comply with all applicable
provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the
Rehabilitation Act of 1973. C1211 Fourth Amendment McKenzie Defense Consortium, LLC Attachment 1 Page 1 of 83
DRAFT ATTACHMENT 1 – Scope of Work ****
3. COMPENSATION The Independent Contractor shall receive a flat amount for the six (6) month period based upon an average
of caseload of1500 for providing services. (Caseload does not include the DUII Court contacts articulated in SOW 4). 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 1500 cases for the six (6) period (July 1 through December 31). At the end of the six (6) month period if the actual caseload is greater than one hundred ten
percent (106%) or less than ninety percent (94%) of the estimated average annual case load a reimbursement payment will be made by either City or Independent Contractor. If the for the six (6) period
the caseload exceeds 106% (1590 cases) the City shall compensate Independent Contractor at the rate of $150.00 per case. If the annual case load is below 94% (1410 cases) Independent Contractor will
reimburse City at a rate of $114.00 per case. **** Except as amended herein, all other terms and conditions of the Independent Contractor Agreement
between Parties dated July 1, 2014, the First Amendment dated July 1, 2015, the Second Amendment dated July 1, 2016 and the Third Amendment dated July 1, 2017 will remain in full force and effect.
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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DRAFTPurpose of Project:
This is a pilot project for two years, July 26, 2016 - June 30, 2018, 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, 2018 will be based upon
historical data.
This SOW is in addition to the Services provided in ATTACHMENT 1. This, SOW ATTACHMENT
4, 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
Independent Contractor and the assigned attorney should be advised of such changes.
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DRAFTThe City shall provide to the unrepresented defendant’s the telephone number of the
designated assigned attorney for inquiries.
The City shall pay Independent Contractor the sum of $360 per week each week that the
assigned Independent Contractor attorney provides services to unrepresented DUII
Diversion Court clients.
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 $1,590
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
For the first year, commence services on Tuesday, July 26, 2016 and then on a weekly basis.
For the second year commence services on Tuesday July 11, 2017 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: $18,720 .00 per year)
Independent Contractor may bill up to six hours per week at $360 per week for up to 51
Tuesdays each year or the number of weeks that court is session.
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