HomeMy WebLinkAboutItem 06 Indigent Representation Contract Renewal AGENDA ITEM SUMMARY Meeting Date: 6/21/2021
Meeting Type: Regular Meeting
Staff Contact/Dept.: Nathan Bell
Staff Phone No: 541-726-2364
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: Mandate
ITEM TITLE: INDIGENT REPRESENTATION CONTRACT RENEWAL
ACTION
REQUESTED:
Authorize the City Manager to sign a contract with McKenzie Defense for court
appointed attorney services for the period from July 1, 2021 to June 30, 2022.
ISSUE
STATEMENT:
The Indigent Representation contract expires June 30, 2021.
ATTACHMENTS: Attachment 1: C2828 McKenzie Defense Contract.
DISCUSSION/
FINANCIAL
IMPACT:
The City currently has a contract with McKenzie Defense, a non-profit, to provide
court appointed attorney services for the Springfield Municipal Court. The contract
expires June 30, 2021 and the City is renewing their agreement for one additional
year.
For this one year renewal, the contract value increase is $46,305, making the new
contract value $509,355. This increase is related to the additional work that will
result from the implementation of Body-Worn Cameras.
Staff requests the Council to authorize the City Manager to sign a contract with
McKenzie Defense for court appointed attorney services.
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 1 of 12
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Contract # 2828
Dated: July 1, 2021
Parties: The City of Springfield (“CITY”)
A municipal corporation in the State of Oregon
225 Fifth Street
Springfield, Oregon 97477
and
McKenzie Defense, a non-profit
corporation
(“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 Attachment 2
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
100-04100-7036-611012 22%
236-04100-7036-611012 78%
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Compensation and Payment by CITY.
1.1. CITY shall pay Independent Contractor in an amount not to exceed $509,355 annually.
Independent Contractor will be paid in twelve equal monthly payments of $42,446.25.
1.2. 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. No adjustment will be made within 2700 – 3000 cases. The Independent
Contractor shall receive $130.00 per case for those cases that are above the 110% (or 3300)
annuals caseload count and will reimburse the CITY at a rate of $130.00 if the annual
caseload count falls below 2700 cases.
Attachment 1, Page 1 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 2 of 12
2. Invoice. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR
97477 or email to ap@springfield-or.gov. Invoice will be paid on net 30 day terms upon City
acceptance of goods delivered, work or services performed. The invoice must reference this contract
#2828 and approval code #040.
3. Services to be Performed by Independent Contractor. Independent Contractor shall perform the
services described on Attachment 1.
4. Term. This Agreement is effective as of the date first set forth above and shall continue until June
30, 2022, unless earlier terminated in accordance with the provisions of this Agreement or by mutual
consent of the parties.
5. Sourcing. Exempt class of professional service under SMC 2.708(3)(e)
6. First Point of Contact.
Independent Contractor: Douglas Minger, dminger@mckenziedefense.com, PH: 541.484.0264
CITY: Allie Sederlin, asederlin@springfield-or.gov, PH: 541.744.4180
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.110, ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as
more fully set forth on Exhibits “A” , “B” and “C” 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 and as more specifically set forth in Exhibit C.
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, its 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
Attachment 1, Page 2 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 3 of 12
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 of 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. The Independent Contractor shall maintain in force for the duration of
this agreement a Commercial General Liability insurance policy written on an occurrence
basis with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for
bodily injury or property damage. The policy will contain a “per project” Aggregate
endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not
less than $1,000,000 per occurrence shall be maintained. 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. Independent Contractor shall maintain in force during the duration of
this Agreement (and, if it is a claims made policy, for a year following completion of the
project) 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.
16.3. Asbestos Abatement. (Only applicable to contracts where asbestos maybe present) The
Commercial General Liability policy shall be written on a form that meets the following criteria
and must be ASBESTOS SPECIFIC as follows:
a. A full occurrence form, or
b. A limited occurrence form with at least a three-year (3) tail, or
c. A claim made form with a three-year (3) tail.
16.4. Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage with limits not less than $500,000 for its employees, officers, agents,
or partners, as required by applicable workers’ compensation laws as defined in ORS
656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written
statement signed by Independent Contractor so stating the reason for exemption shall be
provided to the City.
Attachment 1, Page 3 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 4 of 12
16.5. 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.
16.6. 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 Independent Contractor shall provide written notice to the City
contract manager within 2 calendar days after the Independent Contractor becomes aware
that their coverage has been canceled or has been materially changed. The Independent
Contractor shall either fax 541-726-3782 said notice or email it directly to Jayne McMahan
(jmcmahan@springfield-or.gov), Procurement and Contracts Manager. Regardless of what
circumstances caused Independent Contractors insurance coverage to cease or be modified,
it is the Independent 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.________(Independent Contractor initials)
16.7. 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.
16.8. 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.
16.9. Exception or Waivers. Any exception or waiver of these requirements shall be subject to
review and approval from the City’s Risk Manager.
16.10. Railroad Protective Liability Coverage. If work being performed under this agreement is
near railroad tracks or a railroad right of way and the Railroad requires special insurance
(for example: Railroad Protective Liability Coverage) Independent Contractor will be
responsible for meeting the Railroad insurance requirements before any work commences.
Any insurance required to be purchased by the Railroad is in addition to the insurance
required by the City.
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. Independent Contractor may terminate services with 120 days written Notice of Termination.
Any such termination shall be effected by delivery to the CITY 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 shall be effective. Upon delivery to the CITY of a
Notice of Termination under this subsection, the Independent Contractor and CITY shall, by
agreement, make an appropriate written modification to this Agreement governing completion
of the Independent Contractor’s work and payment therefor by CITY.
17.3. 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 $135 per case or
as agreed upon in a CITY approved phase-out plan at the CITY sole discretion. Under no
Attachment 1, Page 4 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 5 of 12
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.
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
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
Attachment 1, Page 5 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 6 of 12
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.
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. 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.
32. 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.
33. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and
construed in accordance with the laws of the State of Oregon, apart from choice of law
provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the
Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any
disputes involving this Agreement, any breach of this Agreement, or relating to its subject
matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to
the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to
the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for
convenience, do not form a part of this Agreement, and shall not be used in construing this
Agreement.
34. 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.
Attachment 1, Page 6 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 7 of 12
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR
By: By:
Name: Name:
Title: Title:
Date: Date:
Attachment 1, Page 7 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 8 of 12
EXHIBIT “A”
INDEPENDENT CONTRACTOR STATUS
Independent contractor states and represents that contractor is an independent contractor as that
term is defined in Oregon Revised Statute 670.600 and more specifically represents, states and
agrees that in providing the services and scope of work specified in this contract:
1. Independent contractor provides services for remuneration; and
2. Independent contractor is free from direction and control over the means and
manner of providing the services and scope of work subject only to the right of City
to specify the desired results; and
3. Independent contractor is customarily engaged in an independently established
business; and
4. Independent contractor is licensed within the state of Oregon to provide any services
for which a license is required under ORS Chapter 671 or 701 and is responsible for
obtaining other licenses or certificates necessary to provide the service or scope of
work; and
5. Independent contractor complies with at least three of the following requirements:
(a) A business location is maintained that is separate from the business or work
location of City; or is in a portion of the independent contractor’s residence and that
portion is used primarily for the business.
(b) The independent contractor bears the risk of loss related to the provision of
services or scope of work such as entering into a fixed price contract, defective work
is required to be corrected, the services provided are warranted or indemnification
agreements, liability insurance and performance bonds and errors and omissions
insurance are provided.
(c) Contracted services for two or more different persons or entities within a
twelve month period have been obtained, or routinely engaged in business
advertising, solicitation, or other marketing efforts reasonably calculated to obtain
new contracts to provide similar services.
(d) Significant investment in the business has been made such as purchasing
tools or equipment, paying for premises or facilities where services are provided,
paying for licenses, certificates or specialized training.
(e) Possesses authority to hire other persons to assist in providing their services
and has the authority to fire those persons.
6. Independent contractor will immediately inform City in the event that it fails to
conduct its services in one or more particulars as represented in 1 through 5 above.
Attachment 1, Page 8 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 9 of 12
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).
Attachment 1, Page 9 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 10 of 12
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 contractor 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) ENVIRONMENTAL MATTERS: In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state,
and local agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the preservation of
natural resources which may affect performance of SUB contracts. This is not intended to be a complete listing of agencies. Other
agencies may have enacted ordinances or regulations that may apply.
If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not
cited in the Contract or due to enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the
prevention of natural resources occurring after the submission of the successful quote, the contracting agency may, at its discretion,
terminate the Contract, complete the work itself; use non-agency forces already under contract with the City, require that the
underlying property owner be responsible for cleanup, solicit quotes for a new contractor to provide the necessary services or issue the
Contractor a change order setting forth the additional work that must be undertaken.
If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by the Contractor or any
subcontractor employed on the project and not discoverable pre-bid visual site inspection, and the condition requires compliance with
the ordinances, rules or regulations referred to under this regulation, the contractor shall immediately notify SUB of the condition.
FEDERAL AGENCIES
Department of Agriculture Fish and Wildlife Services
Forest Service Office of Surface Mining
Soil Conservation Service Reclamation and Enforcement
Department of the Army Corps of Engineers Bureau of Reclamation
Coast Guard Department of Labor
Department of Health and Human Services Occupational Safety and Health Administration
Department of the Interior Mine Safety and Health Administration
Bureau of Indian Affairs Department of Transportation
Bureau of Land Management Federal Highway Administration
Bureau of Outdoor Recreation Environmental Protection Agency
Department of Commerce
STATE AGENCIES
Department of Agriculture Department of Human Services
Department of Energy Land Conservation and Development Commission
Department of Environmental Quality Division of State Lands
Attachment 1, Page 10 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 11 of 12
Department of Fish and Wildlife State Soil and Water Conservation Commission
Department of Forestry Water Resources Department
Department of Geology and Minerals Oregon Department of Transportation
LOCAL AGENCIES
Common Council, City of Springfield Planning Commission, City of Springfield
Environmental Services, City of Springfield Development Services Department, City of Springfield
Board of Commissioners, Lane County Planning Commission, Lane County
Lane Regional Air Protection Agency Springfield Utility Board
Willamalane Park & Recreation District Springfield Downtown & Glenwood Urban Renewal Districts
Rainbow Water District
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)
Attachment 1, Page 11 of 21
Type 3 Independent Contractor Agreement for Personal Services JAN 2019
Page 12 of 12
EXHIBIT C
OREGON TAX LAWS COMPLIANCE AND CERTIFICATION
A. Contractor's Compliance with Tax Laws.
1. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax
laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this
Section, 'tax laws" includes all the provisions described in Subsection B. 1. (i) through (iv) of this Contract.
2. Any violation of Subsection 1 of this Section A shall constitute a material breach of this Contract.
Further, any violation of Contractor's warranty, in Subsection B.1. of this Contract, that Contractor has complied
with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall
constitute a material breach of this Contract. Any violation shall entitle City to terminate this Contract, to pursue and
recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all
of the remedies available under this Contract, at law, or in equity, including but not limited to:
a. Termination of this Contract, in whole or in part;
b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor, in an amount equal to State's setoff right, without penalty; and
c. Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. City shall be entitled to recover any and all damages suffered as the result of Contractor's breach of
this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and
costs incurred in securing [replacement Services/replacement Goods/ a replacement contractor].
These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or
remedies singly, collectively, successively, or in any order whatsoever.
B. Contractor's Representations and Warranties.
Contractor represents and warrants to City that:
1. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than
six calendar years preceding the [date of Closing of {bids/proposals}for/effective date of] this Contract, faithfully
has complied with:
(i) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters
316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or
compensation for any work performed by Contractor;
(iii) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and
(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
Any [Goods/Items/Equipment/Components/Hardware/Software/Intellectual Property Rights, etc.] [delivered
to/granted to] City under this Contract, and Contractor's Services rendered in the performance of Contractor's
obligations under this Contract, shall be provided to City free and clear of any and all restrictions on or conditions of
use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages,
security interests, liabilities, charges, and encumbrances of any kind.
Attachment 1, Page 12 of 21
ATTACHMENT 1
STATEMENT OF WORK
The City of Springfield provides legal services to persons determined by the Springfield Municipal Court to be indigent and
entitled to court-appointed counsel. 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.
The term of the non-exclusive contract will be for 12 months upon agreement of both parties which includes the review and
approval of the Springfield Common Council in consideration of the requirements of the Springfield Municipal Code
Section 2.708(3).
1. INTRODUCTION
The Springfield Municipal Court has jurisdiction over misdemeanors, violations and civil infraction matters that occur
within the City of Springfield. Persons charged with a misdemeanor are entitled to legal representation regardless of their
ability to pay.
Attorneys represent clients from the date of appointment at arraignment, through trial or other resolution of the case,
including but not limited to plea agreement and sentencing, post-sentence restitution hearing, probation review within thirty
(30) days of sentence, dismissal, or deferred prosecution. If a criminal case proceeds to trial and results in a conviction, the
attorney is responsible for preparing and filing a Notice of Appeal. If a case is resolved pursuant to a DUII diversion
agreement, the attorney may withdraw from the case at the time the agreement is filed with the court. If a client enters a
specialty court, the attorney may withdraw after a client has been accepted into the specialty court and after notice of
substitution of counsel has been filed naming the defense attorney assigned to the specialty court as the new attorney of
record. If a client fails to appear for a court proceeding and the court issues a bench warrant for the arrest of the client, the
attorney shall remain the attorney of record for a period of four (4) months from the date of the appointment unless the
client is brought before the Court in that time and a new appearance date set, in which case the attorney shall remain the
attorney of record until disposition of the case, unless the client fails to appear again at that time and such time is later than
four (4) months from the date of the appointment. After that time, the attorney is withdrawn from the case. Attorneys shall
remain appointed on non-DUII Diversion or Deferred Prosecution Agreements until acceptance by the court of a
defendant’s entry of a plea and submission of a duly-executed Diversion Agreement, or withdrawal; in all other cases, new
appointments are made for show cause probation violation proceedings. Reappointments are made upon judicial approval.
Attorneys are expected to participate in meetings and discussions around continued process improvement, court
efficiencies, and new potential programs.
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.
2. SCOPE OF WORK
The Independent Contractor(s) shall provide effective and efficient legal representations for court-appointed indigent clients
at Springfield Municipal Court at all stages of a case assigned under the contract.
(a) DUTIES
Independent Contractor will provide the following services:
Attend regularly scheduled in-custody arraignments to include initial contact with client;
Establish and follow procedures to ensure prompt notification to the court of the specific attorney assigned to
each case;
Meet with in-custody clients within 24 hours of appointment by the Court (excluding weekends and holidays);
for clients who are out of custody, within 72 hours of appointment (excluding weekends and holidays). “Initial
contact letter” is not a substitute for meeting in-person with in custody clients. Inmates held at Lane County
Adult Corrections are not transported to the Springfield Municipal Jail for initial meetings;
Adequately staff and attend all court sessions on appointed matters; provide coverage for courtroom
appearances during vacation or leave of absence of the assigned attorney;
Attachment 1, Page 13 of 21
Investigate cases, propose resolutions, represent clients in bench and jury trials, file and argue legal motions,
draft appropriate legal memoranda, negotiate and litigate show cause hearings, and represent clients at
sentencing hearings and contempt of court hearings on all misdemeanors for indigent clients;
Employ adequate administrative staffing to ensure attorney assignments are completed within the required
timelines;
Participate regularly in meetings with City Administration, Court staff, and the City Prosecutor’s Office to
discuss process and procedural topics including but not limited to case flow and case management, as well as
other recurring meetings as required by the court;
Respond in a timely manner to all telephone calls from clients, as well as to the City Prosecutor and Court
staff;
Maintain contact with clients and keep them informed until the case is terminated. Advise clients that regular
and continuous contact is necessary to the preparation of the defense, and employ reasonable means to secure
and maintain such contact including, but not limited to, notifying clients in advance of the date, time and
location of all critical stages in the process of the client’s particular case with enough advanced notice that the
client has time to prepare for each stage;
Implement a method to respond promptly to client complaints. The Court will first direct clients to the
attorney, firm or agency which provided representation. If the client feels that he or she has not received an
adequate response, the City of Springfield may designate a person or agency to evaluate the legitimacy of
complaints and to follow up on meritorious ones;
Comply with all federal and state laws regarding access to Independent Contractor’s facilities, including
elimination of barriers which limit access for the disabled.
3. COMPENSATION
Independent Contractor will receive a flat amount annually based on a 3000 caseload for providing services as set forth in
the Attachment 1 - Scope of Work. Equal monthly payments will be made for the prior month’s work. Information to be
included in the invoice will be the total amount of cases dispositioned in the previous month and is subject to Municipal
Court approval. Invoice must be submitted no later than the 15th of the month.
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. Any reimbursement or repayment will be based upon the number of cases over 110% or under 90% of the
estimated caseload. No adjustment will be made within 2700 – 3300 cases. The Independent Contractor shall receive
$130.00 per case for those cases that are above the 110% or 3300 and will reimburse the CITY at a rate of $130.00 if the
annual case count falls below 2700 cases.
4. GENERAL INFORMATION
a) The Springfield Municipal Court must approve and assign court-appointed counsel for indigent clients.
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) Independent Contractor should strive to meet the State of Oregon Office of Public Defense Services Best
Practices for Oregon Public Defense Providers; specifically section III- Quality Assurance, and section IV-
Case Assignment.
d) Court-appointed attorneys must maintain meaningful attorney/client relationships in accordance with the
Oregon Rules of Professional Conduct.
e) Appointment to a case shall terminate as set forth in Section 1 above. .
f) Independent contractor should not exceed the maximum caseload standard set forth by the Oregon State Bar
Board of Governors, which is currently 400 misdemeanor cases per year per attorney. (OSB Performance
Standard 5: Maximum Caseload Standards for Defense Counsel). Independent Contractor will keep track of
the number of cases each attorney is assigned.
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. Expenses include, but are not limited
to: copies, phone and postage, and mileage.
h) All extraordinary 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
Attachment 1, Page 14 of 21
conducted upon judicial approval and will be conducted by psychologists and/or psychiatrists currently
approved by the Springfield Municipal Court. For Court appearances, language interpreter services are
scheduled by the Court.
i) Court-appointed counsel shall finalize trial settlement negotiations and report cases that are ready for trial no
later than 21 days prior to the scheduled trial date pursuant to court practice. Springfield Municipal Court
requires court-appointed counsel to appear promptly and fully prepared for all court sessions. (Refer to
Attachment 3, Master Court Schedule).
j) Springfield Municipal Court requires all court-appointed counsel and staff to establish and maintain
professional working relationships with Springfield Municipal Court judges and staff; City of Springfield
prosecutors and staff; Springfield Municipal Jail staff; Springfield Police Department staff; Lane county Jail
staff; and Springfield Finance Department staff. Failure to do so will result in corrective action, which could
include loss of court room privileges. This will be determined at the sole discretion of the presiding judge.
k) Independent Contractor shall maintain statistical data pertaining to caseload and client appointments. Data
shall be reported to Springfield Municipal Court monthly along with a 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 the respective custodial facility. Springfield Municipal Court does not
allow unescorted access to restricted areas.
n) Independent Contractor will be responsible for any subcontracting due to workload issues or conflict of
interest cases.. If a case filed has more than one client, Independent Contractor will be responsible for
contracting with a conflict attorney.
o) Independent Contractor shall maintain telephone voicemail and email inboxes such that they are able to accept
new voicemail and email messages at all times. Independent Contractor shall have a policy for responding to
all client contacts and complaints (including jail kites), including the length of time within which a response
must occur.
p) Independent Contractor shall maintain a written Code of Conduct approved by the Court that all attorneys and
administrative staff are to review and sign. The Code of Conduct template produced by the Independent
Contractor will be provided to the city within sic (6) weeks of contract execution.
q) Independent Contractor shall maintain office hours from 8:00AM until 4:30PM.
5. REQUIREMENTS
a) Minimum qualifications for attorneys:
i. Attorneys
1. Must have a minimum of one (1) years’ experience with misdemeanor cases, including jury
trial experience;
2. Must be licensed to practice law in Oregon:
a. Must be in good standing with Oregon State Bar (Provide Bar Number)
b. No outstanding complaints for lack of diligence, communication or ethical
violations.
ii. Independent Contractor will provide an ADA compliant facility to provide effective and efficient
legal services for attorneys, staff and clients, or make reasonable accommodations.
iii. Independent Contractor must maintain Professional Liability Fund coverage minimum of $300,000
per attorney.
b) Attorneys must sign and uphold the Independent Contractor’s written Code of Conduct
c) Independent Contractor shall have a corrective action plan in place as a means of addressing performance
concerns that do not meet the expectations of the City.
6. DEFINITIONS
a) Appointment. The word “appointment” is defined to include the Court’s original designation of Independent
Contractor, 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 when a case has
reached disposition or when a motion to withdraw has been granted. If a client fails to appear for a court
proceeding and the court issues a bench warrant for the arrest of the client, the attorney shall remain the
attorney of record for a period of four (4) months following the issuance of the bench warrant. There may be
Attachment 1, Page 15 of 21
multiple appointments on a single case. Appointments are further subject to termination by the Court if the
defendant no longer qualifies as indigent. It is the responsibility of the Independent Contractor to track the
time period following a client’s failure to appear.
b) Assignment. The word “assignment” is defined as the Independent Contractor’s designation of a specific
attorney, and the attorney’s acceptance of such designation, as the attorney for a client with respect to a case.
c) 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.
d) 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.
e) Caseload. The term “caseload” means the amount of work assigned to Independent Contractor and each
attorney. With respect to any period of time, the caseload for such period of time shall be equal to the number
of cases appointed and pending during that period, to exclude inactive cases such as those out on warrant or
on diversion. An attorney will not exceed an annual caseload level of 400 misdemeanors, including appointed
cases and retained cases. The Contractor will report the full caseload monthly, by attorney.
f) 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.
g) Disposition. The word “disposition” means the sentencing or other final settlement of a criminal case,
however for purposes of determining the duration of attorney representation in a Deferred Prosecution case,
said representation shall be deemed concluded upon acceptance by the Court of a defendant’s entry of a plea
and submission of a duly-executed Diversion Agreement.
Attachment 1, Page 16 of 21
Attachment 2
McKENZIE DEFENSE - 2021 PERSONNEL
James Kolstoe (Subcontract Attorney) OSB #852586
Prior to entering law school and commencing the practicing of law, James Kolstoe
worked as an armed security guard, security supervisor, wildland firefighter in Eastern Oregon
and in residential construction.
He was admitted to the Oregon State Bar in September 1985, after which he opened a law
office and got his feet wet representing clients on criminal charges immediately. He applied for
inclusion on the Springfield Municipal Court's appointment list the next year and has practiced
in that Court on and off since. In subsequent years he was qualified to handle major felonies as
appointed counsel in Lane County Circuit Court, as well as contempt and habeas corpus
proceedings. He then went to work prosecuting misdemeanors, civil commitment proceedings,
and juvenile court proceedings as a deputy district attorney in Coos County, and from there as an
associate for three years with the law firm of Henderson and Bromley in Eugene, practicing in a
range of civil matters and handling several cases in the Oregon Court of Appeals.
.
Mr. Kolstoe eventually applied to and acquired a position as an Administrative Law
Judge at the Office of Administrative Hearings, ruling on unemployment insurance benefits
proceedings. When the appointment ended he returned to private practice as a sole practitioner
and joined McKenzie Defense Consortium LLC as a subcontract attorney to carry a regular
caseload in Springfield Municipal Court from the start of the current contract in 2014.
Over the course of his legal career he has represented approximately 166 clients on civil
commitment proceedings and, another 15 clients on appeals of civil commitments. Besides his
skill and competence obtained in many years of criminal practice, the latter qualifies him
uniquely to understand, relate to, and better assist many of the more troubled individuals
populating the criminal justice system.
Douglas E. Minger (Interim Director/Subcontract Attorney) OSB #933706
After admission to the Oregon Bar in 1993, Doug Minger opened a general practice firm
in Eugene, representing clients on criminal charges and in a range of civil matters including
construction and contract disputes, and administrative hearings. In law school he participated in
criminal defense clinic as a certified law student, in the course of that program representing
several LCPDS clients in cases in Lane County Circuit Court. He continued to represent clients
on misdemeanor and felony charges in most courts in Lane County, and in other jurisdictions
across the state. During 2018 he was asked by the Cow Creek Tribe of the Umpqua Tribe of
Indians to represent a handful of tribal members qualifying for grant-funded representation in
cases primarily involving family law and abuse issues. He has tried felony and misdemeanor
cases to both judges and juries, has filed and successfully argued numerous motions in criminal
proceedings in venues including Springfield Municipal Court, has effectively worked with
Springfield judges, prosecutors, mental health professionals, Lane County Behavioral Health
workers, and treatment providers to identify and facilitate the most fitting resolution of cases
involving criminal defendants afflicted by drug abuse and/or mental health issues. In all other
Attachment 1, Page 17 of 21
PAGE 2 - MD PERSONNEL
case he has worked diligently to best resolve pending cases by negotiation.
He was instrumental in establishing McKenzie Defense and as a member worked with
LLC managing member Jeff Johnson over the past 3 ½ years managing and overseeing
performance of the current Springfield contract generally, and conferring with Municipal Court
judges, Court staff, and the City Prosecutor and staff concerning procedures necessary to the
efficient operation of proceedings, avenues for resolving cases involving clients with mental
health issues in light of the limited resources available, and other relevant matters. Throughout
that time he represented indigent clients in the Municipal Court under subcontract with the LLC.
Prior to law school, Mr. Minger was employed in several vocations. Included were many
years in the construction industry in California and Nevada, a four-year stint as a logger in
Oregon, and several years playing country music in a house band in the Sacramento Valley. As
a union carpenter and even more later as a licensed general contractor, he was responsible for
overseeing and coordinating the work of as many as a dozen craftsmen, apprentices, and
subcontractors, often on several sites concurrently. As an attorney he has directed and overseen
the work of multiple staffpersons and when needed, temporary associate attorneys. Through his
work in both fields he learned to quickly and efficiently analyze problems and breakdowns in
performance, then identify and implement effective remedies when the need arose. Years of
working every day with various types of people and cultures in the construction trades and other
areas outside the practice of law also equipped him with insight which frequently helps to better
understand and communicate with the clients he is appointed to represent.
Francisco C. Segarra (Subcontract Attorney) OSB #065047
Francisco “Frank” Segarra participated in his last year of law school in the prosecution
clinic as a certified-law student, prosecuting numerous misdemeanor cases and probation
violations in Lane County Circuit Court. Following admission to the bar in 2006 he continued
working for the Lane County District Attorney doing the same work on a volunteer basis. He
began practicing criminal defense in 2007 as a misdemeanor-qualified member of the Lane
County Public Defense Panel, and continued doing so until 2010. He has represented retained
and appointed clients on misdemeanor and felony charges in most courts in Lane County from
2007 to the present. In 2011 he was sworn in as the Municipal Court Judge for the City of
Oakridge, where he continues to sit 2-3 times a month when that court is in session. More
recently he began serving as judge for the City of Lowell. Both courts’ jurisdictions are limited
to misdemeanor level cases, giving Mr. Segarra valuable insight into mental health issues
sometimes facing misdemeanor defendants, the requirements of case resolution, and obstacles to
their timely disposition.
Born in Brooklyn, New York and raised in Southern California, Frank Segarra explored
several areas of employment before turning to the practice of law, learning from his experiences
insight and skills which carry over to the role he shares with the other LLC members as attorney
co-administrators of the current Springfield contract. In one instance he began work as a low-
level cook at Marie Callendar’s at the age of 18, then rose quickly through the ranks to the store
manager position. At another time he held the position of airline reservation supervisor in an
Attachment 1, Page 18 of 21
PAGE 3 - MD PERSONNEL
office staffed by over 1,000 agents, responsible for dealing with and ironing out ticketing
mistakes and passenger complaints, all in a high-stress environment. After moving to Oregon he
completed a one-year law enforcement program at Lane Community College, where he
graduated head of the class, before signing on as a reserve officer with the Oakridge Police
Department. He served as a sworn officer almost full-time on his own, filling in for sick or
vacationing officers, and as the need for him otherwise occurred. In those accomplishments, and
in his role as part-time municipal court judge, he has acquired supervisory skills while
demonstrating the commitment and ability to effectively manage personnel and resolve problems
as they arise. Those experiences have also better qualified him to understand and effectively
communicate with defendant clients, court and prosecution staff, and law enforcement personnel.
Leslie A. Wolf (Subcontract Attorney) OSB #891700
Leslie Wolf’s accomplishments since entering practice are too numerous to list, as is
evident in her resume submitted with this Proposal. She began processing juvenile misdemeanor
cases with the Office of the Multnomah County District Attorney as a law student at
Northwestern School of Law in 1987, also assisting in the prosecution of abuse and neglect cases
for that office. On admission to the bar in 1989 she began representing clients in felony and
misdemeanor cases in Coos County Circuit Court before going to work at the Social Security
Administration Hearings Office, then as a Pre-Trial Release Officer of the Oregon Judicial
Department. She returned to criminal practice when she opened her office as a sole practitioner
in Eugene in 1995 and has been representing clients in both felony and misdemeanor cases in
state and municipal courts since, obtaining extensive misdemeanor trial experience along the
way. Peers familiar with Ms. Wolf consider her a competent, effective, and zealous advocate for
her clients, highly professional, and adept at working with the court and staff in a highly efficient
manner. As a subcontract attorney with McKenzie since it began performance of the current
Springfield contract in 2014, she has been a steadying presence in the group, and a valued
member of the LLC roster in her dedicated representation of indigent clients.
Lisette M. Spencer (Subcontract Attorney) OSB #963398
While still in law school Lisette Spencer began work for a private attorney as a certified
law student, assisting and interviewing clients, and doing case and witness preparation in a
practice heavy on indigent defense work. Following admission to the Oregon Bar in 1996 she
became an associate with a 5-attorney firm and was made partner 2 years later. While there she
represented clients facing misdemeanor and felony charges, and in a range of civil matters.
She served for several years as volunteer attorney for a probate legal clinic sponsored by
her firm, making weekly presentations to seniors and veterans before consulting individually
with anyone present in need of legal assistance or advice on an array of legal concerns. In her
efforts to help a clientele too often suffering from dementia, PTSD or other types of mental
health issues, and/or alcohol and substance abuse problems she gained an understanding and
even appreciation for those afflicted by them.
After leaving the firm she became a Deputy District Attorney in Klamath County where
she became head of the Domestic Violence Unit responsible for the prosecution of all
Attachment 1, Page 19 of 21
PAGE 4 - MD PERSONNEL
misdemeanor and felony domestic violence cases in the county. In that capacity she worked with
law enforcement, parole and probation, DHS – Child Welfare and other agencies within the
Domestic Violence Reduction Unit on all DV cases. She met regularly with victims and their
advocates, treatment providers, and representatives from police, women’s shelter, Kingsley Air
Field (for military family issues), the Associated Tribes, and others to resolve particular cases
and assist involved families. As before when working with seniors and veterans, a continuing
theme was the underlying impact of mental health impairment, and alcohol and/or substance
abuse, and the attendant needs and obstacles they cause for both those afflicted, and the families
and individuals affected. Working in both roles she developed not only an understanding of the
needs of such persons and a capacity for communicating with them, but a highly-attuned
sensitivity to and awareness of when mental health or substance abuse issues are at the root of
aberrational behavior.
She left the DA’s Office when grant funding for the DV Reduction Unit was not renewed
and returned to private practice in Southern Oregon. She left the practice of law a few years later
and moved to Lane County where she volunteered in the community before opening her own
office in Eugene in 2013. Since then she has worked primarily criminal defense work, while
handling occasional family law She joined the ranks of McKenzie Defense attorneys in 2015 and
has been representing indigent defendants in the Springfield under subcontract with the LLC
continuously since then. The understanding she gained through extensive prior work with the
mentally ill, aging, and victims of their own substance abuse has translated into greater capacity
for evaluating and assisting indigents charged with criminal offenses, who too frequently suffer
from the same or similar forms of impairment or debilitation.
Lance D. Quaranto (Subcontract Attorney) OSB #134634
Lance Quaranto was admitted to the Oregon Bar in October, 2013. After admission he
went into private practice in Eugene. Initially focusing on Land Use and Environmental Law,
Mr. Quaranto reoriented his practice to criminal defense in 2015. Since that time, he has worked
Lane, Linn and Benton Circuit Courts as well as Cottage Grove Municipal Court, Florence
Municipal Court, Harrisburg Municipal Court and Springfield Municipal Court on criminal
matters. Mr. Quaranto has tried numerous jury and judge proceedings on both the criminal and
civil side of the law.
Having now practiced in a number of jurisdictions, Mr. Quaranto can often resort to
practices unique to other courts to arrive at solutions for clients in what would otherwise be
difficult circumstances. Mr. Quaranto works to tailor resolutions for his clients that not only
resolve the case but set clients up for success in the future by lining up and implementing
treatment plans, post jail housing, mental health access, placing clients in contact with advocates
for social security disability and job placement. He has worked with Lane County Behavioral
Health, South Lane Mental Health and the Oregon State Hospital in his role as an attorney for
those with mental health concerns.
Throughout his practice, Mr. Quaranto has worked on behalf of those with mental health
concerns, veterans, the homeless, those with substance abuse issues, individuals on SSD or SSI
Attachment 1, Page 20 of 21
PAGE 5 - MD PERSONNEL
and young adults exiting the state systems. His advocacy for those individuals and ability to talk
with and empathize with them has gained the respect of his clients, the court staff he works with.
and other practicing attorneys.
He came on board with McKenzie Defense two years ago and has been a valuable
addition as he continued to represent clients on misdemeanor charges in the Springfield Court
since then. Other areas of law in which he practices include Freedom of Information Act (FOIA)
litigation and Protective Orders, For the most part though he is committed to criminal practice
and has committed to return under subcontract with McKenzie Defense next year to represent
indigent defendants in Springfield on the Proposed contract.
Requirement 3/Part Two: Administrative staff must have a minimum of one (1) year of
experience in legal office work environment and a minimum of one (1) years of experience
with word processing and spreadsheet software (eg: MS Word and
Excel).
Stacey Colorado - Office Administrator
Stacey Colorado was employed full-time for 12 years as a paralegal and integral staff
member by local attorney James Jagger until his partial retirement in 2014. While employed by
Mr. Jagger she worked independently to prepare pleadings, motions and other documents to be
filed with the court, and is accomplished in word processing and most law office software
systems, and adept at case management, attorney scheduling and case tracking.
Before working in the field of law, Ms. Colorado managed two other businesses in Lane
County for a combined seven years. In those jobs her responsibilities included full-cycle
bookkeeping, controlling daily operations, maintaining financial records, payroll preparation,
and formulating Excel spreadsheets.
Fortunately for McKenzie Defense, Ms. Colorado’s position with attorney Jagger was
nearing an end as he wound down his practice and she agreed to come to work for the LLC,
which was at the time fully engaged in setting up operations and establishing systems to enable it
to commence work on the Springfield Indigent Defense contract on its effective starting date of
July 1, 2014. She has remained with McKenzie Defense full-time since then and has been a
pillar in its performance and administration of that contract. From the outset she took control of
the office, developing and implementing systems for attorney and case tracking, financial matter
tracking, billing, record-keeping, and the appointment of cases to individual attorneys and the
concurrent notification of the client, court, and prosecutor with the names of appointed attorneys.
She has continued to capably perform in those roles to the present time, and over the course of
McKenzie Defense’s performance of the current contract has routinely updated, adjusted, and
streamlined systems, often in coordination with attorneys, and court and prosecution staff, to
increase efficiency and further expedite the delivery of indigent defense services.
Attachment 1, Page 21 of 21