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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