HomeMy WebLinkAboutItem 20 City Prosecutoor Contract RenewalAGENDA ITEM SUMMARY Meeting Date:
6/20/2022
Meeting Type:
Regular Meeting
Staff Contact/Dept.:
Mary Bridget Smith/CAO
Staff Phone No:
541-744-4061
Estimated Time:
Consent Calendar
SPRINGFIELD Council Goals:
Strengthen Public Safety
CITY COUNCIL
by Leveraging
FINANCIAL
Partnerships and
IMPACT:
Resources
ITEM TITLE: CITY PROSECUTOR CONTRACT RENEWAL
This type of contract is exempt from a competitive procurement process. The new
ACTION
Authorize the City Manager to sign the Contract for Prosecutorial Services with the
REQUESTED:
firm of Leahy Cox, LLP for City Prosecutor services for the three-year time period
of July 1, 2022, through June 30, 2025.
ISSUE
The City contracts with the law firm of Leahy Cox, LLP to provide prosecutorial
STATEMENT:
services in Springfield Municipal Court. The current contract expires June 30, 2022.
ATTACHMENTS:
Attachment 1: Contract for Prosecutorial Services
DISCUSSION/
The City Attorney's Office requests to continue contracting with Leahy Cox, LLP
FINANCIAL
and execution of a new Contract for Prosecutorial Services with a scope of work that
IMPACT:
better reflects the work performed and expectations of the City Prosecutor's Office.
This type of contract is exempt from a competitive procurement process. The new
Contract is for a three-year term with a 2% increase each year. The previous
contract renewal was for one year with no contract price increase.
Leahy Cox, LLP, has served as the City Prosecutor since 2013. In that time, they
have worked to form strong professional relationships with the Springfield
Municipal Court, Springfield Police Department, City's indigent legal services
provider and the other criminal defense attorneys who appear in Springfield
Municipal Court. Leahy Cox, LLP performs prosecutorial services to other local
jurisdictions and uses their experience to effectively prosecute crimes committed
against the City of Springfield.
The purpose of the multiyear contract is to provide stability for both the City and
City Prosecutor and to use the time under the contract to learn more about the City
Prosecutor's Office operations, other jurisdictions the parties can use to serve as a
comparable for cost and service level, a performance review process that is the right
size and appropriate for this kind of service, and to develop metrics for case
disposition.
CITY OF SPRINGFIELD
CONTRACT FOR PROSECUTORIAL SERVICES
Contract #C3086
Dated: 12022
Parties: City of Springfield "CITY"
A Municipal Corporation of the State of Oregon
225 5t" Street
Springfield, OR 97477
and
Leahy Cox, LLP
Additional Contractor Information:
"Contractor"'
a) Type of Entity: ❑ Sole Proprietorship ❑ Partnership
❑ Limited Liability Comp ❑ Corporation
b) Address: 188 West B Street, Building N, Springfield, OR 97477
c) Telephone: 541-746-9621
d) Fax No: 541-746-4109
e) If Applicable, listed among the Parties Excluded from Federal Procurement or Non -
Procurement Programs found at: https://www.sam.gov/portal/public/SAM/: ❑Yes ❑ No
City Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
.................................. .........................
100-9000-1012-611008 76%
236-9000-1012-61100824%
:...........................................................................................................................................................................................................................:...........................................................................................:
.................................................................................................................................................................................................................................................................................................................................:
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions, and conditions, in addition to the terms and conditions in any attached addenda:
1. Services to be Delivered. Contractor shall perform the Services and deliver to the City the
Deliverables specified in Attachment 1. The Statement of Work (Attachment 1) includes the
delivery schedule for the Deliverables and Services. Contractor will perform the Services in
accordance with the terms and conditions of this Contract.
2. Payment by City. The maximum, not -to -exceed compensation payable to Contractor per year
under this Contract, which includes any allowable expenses, is as follows: Year 1-$372,055.20;
Year 2-$379,496.30; and Year 3-$387,086.23. These payments reflect a contract with a three-year
term and a 2% increase each year as reflected in Attachment 1, Statement of Work. City will not
pay Contractor any amount in excess of the not -to -exceed compensation of this Contract and will
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Attachment 1, Page 1 of 10
not pay for Services performed before the Effective Date or after the expiration or termination of
this Contract. If the maximum compensation is increased by amendment of this Contract, the
amendment must be fully effective before Contractor performs Services subject to the
amendment. City will pay Contractor for only for completed Deliverables and Services performed
according to the schedule and rates in Attachment 1.
3. Expenses. City will not pay or reimburse any expenses incurred by Contractor during the
completion of the Services except as authorized in the Statement Work or elsewhere in this
Contract.
4. Term. This Agreement is effective as of the date first set forth above and will continue until June
30, 2025, unless earlier terminated in accordance with the provisions of this Agreement or by
mutual consent of the parties.
4.1. ❑ Renewal. This Agreement may be extended for three (3) additional one-year terms upon
mutual agreement of the parties in writing.
4.2. ❑x Non -Appropriation. The obligation of the City to make payments beyond June 30, 2025,
is subject to annual appropriation. To the extent that funds are appropriated to make those
payments for a given fiscal year, the full faith and credit of the City is pledged to the
payments for such fiscal year. The obligation of the City to make those payments is not
secured by the unlimited taxing power of the City and is not a general obligation of the City,
The City's obligation to make those payments in any year is subject to future appropriation of
funds by the City Council for the fiscal year in which the payment is due. In the event that
funds are not so appropriated, payments will not be made and this Agreement will be
terminated as of the date noted in this subsection 4.2.
5. Invoice. City will pay Contractor's invoices on Net 30 -day terms upon City acceptance of Services
performed and Goods delivered as stated in section 7. Contractor must send invoices to: Accounts
Payable - City of Springfield, 225 Th Street, Springfield, OR 97477 or email to ap@springfield-
or.gov. The invoice must reference this contract #C3086 and approval code #090.
6. Overdue Charges. Contractor may assess overdue account charges to City on unpaid invoices
only as stated in this section. Overdue account charges must be the same as the usual overdue
account charges to the general clientele of the vendor. Overdue claims are only those claims that
have not been paid within 45 days of: the date of the City's receipt of the invoice, the date of the
initial billing statement if there is no invoice, or the date the claim is made certain by agreement
of the parties or by operation of law. However, no overdue account charges will accrue on any
purchases made by City during time of civil emergency or in the event of a natural disaster which
prevents the timely payment of accounts. In such instances accounts shall be paid in as timely a
manner as possible. The date of the check or automatic funds transfer in payment of the claims
will be used to determine if the claim has been paid in a timely manner. It is a rebuttable
presumption that the check was correctly dated.
7. Rejection of Deliverables. If City determines that a Deliverable does not have the
characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all
material respects, City will notify Contractor in writing of City's rejection of the Deliverable(s), and
describe in reasonable detail in such notice the City's basis for rejection of the Deliverable(s).
Within 21 days of receiving notice of non-acceptance, the Contractor must modify or improve the
Deliverables at Contractor's sole expense so that the Deliverable(s) meets the acceptance criteria
in all material respects, notify the City in writing that it has completed such modifications or
improvements, and re -tender the Deliverables to City. Within 21 days of Contractor's re -tender of
the Deliverable(s), City will review the modified or improved Deliverable(s). Failure of the
Deliverables to meet the acceptance criteria in all material respects after the second submission
will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify
Contractor of such default and instruct Contractor to modify or improve the Deliverables as set
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Attachment 1, Page 2 of 10
forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default
provided for by law or the terms of this Contract.
8. Contractor's Representations. Contractor represents that:
8.1. Contractor has the authority to enter into and perform according to this Contract, and
that this Contract, when executed and delivered, is a valid and binding obligation of
Contractor that is enforceable according to its terms;
8.2. Contractor has the skill and knowledge possessed by well-informed members of its industry,
trade or profession and Contractor will apply that skill and knowledge with care and diligence
and perform Services in a timely, professional, and skillful manner according to standards
applicable to Contractor's industry, trade, or profession; and
8.3. Contractor is, and must be at all times during the term of this Contract, qualified,
professionally competent, and duly licensed to perform Services. More specifically,
Contractor will maintain good standing with the Oregon State Bar.
9. Sourcing. Direct appoint for personal services under Purchasing Regulation 03.09(1)(h).
10. First Point of Contact.
CONTRACTOR: Leahy Cox, LLP; Matt Cox; mic@emeraIdlaw. com; 541-746-9621
CITY: Mary Bridget Smith; mbsmith@springfield-or.gov; 541-744-4061
11. Indemnification and Hold Harmless.
11.1. Contractor agrees to indemnify, defend, and hold harmless the City and its officers,
agents and employees from and against all claims, actions, liabilities, loss, and costs including
attorney's fees and costs of defense, arising in whole or in part from the acts or omissions of
Contractor, and Contractor's subcontractors, officers, agents, and employees, in performance
of this contract.
11.2. In the event any such action or claim is brought against City, upon tender by City,
Contractor will defend the same at Contractor's sole cost and expense, promptly satisfy any
judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss,
cost, damage or expense, including attorney fees, suffered or incurred by City. City shall
notify Contractor, within a reasonable time, of any claim, threat of claim or legal action.
11.3. Notwithstanding subsections 11.1 and 11.2, neither Contractor nor any attorney engaged
by Contractor will defend any claim in the name of the City, nor purport to act as legal
representative of the City, without the prior written consent of the City Attorney's Office.
CITY may, at any time and at its election, assume its own defense and settlement of any
claims. City reserves all rights to pursue any claims it may have against Contractor if the City
elects to assume its own defense.
11.4. This Section 11 does not include indemnification by Contractor for losses, claims, or
actions resulting from the sole negligence of City or its officers, agents, and employees,
whether within the scope of the Contract or otherwise.
12. Insurance.
12.1. Required Coverages. Contractor must obtain at Contractor's expense, and require its
first tier contractors and subcontractors, if any, to obtain the insurance specified in this
section 12 prior to performing under this Contract, and must maintain it in full force and at its
own expense throughout the duration of this Contract, as required by any extended reporting
period or tail coverage requirements, and all warranty periods that apply. Contractor must
obtain and require its first-tier contractors and subcontractors, if any, to obtain the following
insurance from insurance companies or entities acceptable to City and authorized to transact
the business of insurance and issue coverage in Oregon. Contractor acknowledges that
insurance specified in this section does not limit indemnification responsibilities specified in
section 11 Indemnification.
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Attachment 1, Page 3 of 10
12.1.1. General Insurance. Commercial general liability insurance covering bodily
injury and property damage in a form and with coverage that are satisfactory to City.
This insurance must include personal and advertising injury liability, products and
completed operations, contractual liability coverage for the indemnity provided under
this Grant, and have no limitation of coverage to designated premises, project or
operation. Coverage must be written on an occurrence basis in an amount of not less
than $2,000,000 per occurrence. Annual aggregate limit may not be less than
$3,000,000.
12.1.2. Automobile Liability Insurance. Automobile liability insurance covering
Contractor's business use including coverage for all owned, non -owned, or hired vehicles
with a combined single limit of not less than $1,000,000 for bodily injury and property
damage. This coverage may be written in combination with the commercial general
liability insurance (with separate limits for commercial general liability and automobile
liability). Use of personal automobile liability insurance coverage may be acceptable if
Contractor provides evidence that the policy includes a business use endorsement.
12.1.3. Workers' Compensation. Contractor must 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 Contractor is exempt from coverage, a written
statement signed by Contractor so stating the reason for exemption must be provided to
the City.
12.2. Additional Coverages.
12.2.1. ® Professional Liability. Contractor shall maintain a Professional Liability Fund
(PLF) insurance policy for each attorney providing coverage $300,000 aggregate of all
claims plus an additional $75,000 claims expense allowance as provided in the 2022 PLF
Primary Coverage Plan. The policy may be written on a "claims made" form. Contractor
shall maintain the professional liability insurance coverage for at least one year after the
completion of the work.
12.2.2. ❑ Cybersecurity. Contractor shall maintain in force during the duration of this
agreement a cybersecurity policy with limits not less than $2,000,000.
12.3. Excess/Umbrella Insurance. A combination of primary and excess/umbrella insurance may
be used to meet the required limits of insurance.
12.4. Additional Insured. All insurance, except for workers' compensation, professional liability,
and network security and privacy liability (if applicable), required under this Contract must
include an additional insured endorsement specifying the City and its officers, employees and
agents as Additional Insureds, including additional insured status with respect to liability arising
out of ongoing operations and completed operations, but only with respect to Contractor's
activities to be performed under this Contract. Coverage must be primary and non-contributory
with any other insurance and self-insurance. The Additional Insured endorsement with respect to
liability arising out of Contractor's ongoing operations must be on ISO Form CG 20 10 07 04 or
equivalent and the Additional Insured endorsement with respect to completed operations must be
on ISO form CG 20 37 04 13 or equivalent.
12.5. Waiver of Subrogation. Contractor waives, and must require its first tier contractors
and subcontractors waive, rights of subrogation which Contractor, Contractor's first tier
contractors and subcontractors, if any, or any insurer of Contractor may acquire against the
City by virtue of the payment of any loss. Contractor must obtain, and require its first tier
contractors and subcontractors to obtain, any endorsement that may be necessary to affect
this waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the Contractor or the Contractor's
insurer(s).
12.6. Tail Coverage. If any of the required insurance is on a claims made basis and does not
include an extended reporting period of at least 24 months, Contractor must maintain, and
require its first tier contractors and subcontractors, if any, maintain, either tail coverage or
continuous claims made liability coverage, provided the effective date of the continuous
claims made coverage is on or before the Effective Date of this Contract, for a minimum of
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Attachment 1, Page 4 of 10
24 months following the later of (i) Contractor's completion and City's acceptance of all
Goods and Services provided under this Contract, or, (ii) City or Contractor termination of this
Contract, or, (iii) the expiration of all warranty periods provided under this Contract.
12.7. 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.
12.8. 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 Contractor shall provide written notice to the City contract
manager within two days after the Contractor becomes aware that their coverage has been
canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said
notice or email it directly to City Finance Department at purchasing@springfield-or.gov.
Regardless of what circumstances cause Contractor's insurance coverage to cease or be
modified, it is the 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. (Contractor initials)
12.9. Equipment and Material. Contractor shall be responsible for any loss, damage, or
destruction of its own property, equipment, and materials used in conjunction with the work.
13. Independent Contractor Status, Tax duties and Liabilities.
13.1. Contractor will perform all Services as an independent contractor. Although City may (a)
determine and modify the delivery schedule for Goods to be delivered and Services to be
performed and (b) evaluate the quality of the completed performance, City cannot and will
not control the means or manner of Contractor's performance. Contractor is responsible for
determining the appropriate means and manner of performing any Services required under
this Contract. Contractor is not an "officer," "employee," or "agent" of City as those terms
are used in ORS 30.265.
13.2. 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 will not withhold, pay, or in any
other manner be responsible for payment of any taxes on behalf of Contractor. Contractor is
not eligible for any social security, unemployment insurance, or workers' compensation
benefits from compensation or payments paid to Contractor under this Contract.
14. Legal Representation. This Agreement was prepared by the City. Contractor has had the
opportunity to have this Agreement reviewed by its own legal counsel prior to its execution.
15. Venue and Choice of Law. Venue for litigation concerning this Agreement rests exclusively with
the court of the State of Oregon for Lane County. Any dispute arising under this Agreement will be
governed by the law of the State of Oregon.
16. Force Majeure. If Contractor is delayed by reason of weather, fire, riot, strikes, acts of God or
other circumstances beyond Contractor's reasonable control, City may terminate this Agreement in
writing to Contractor after determining such delay or default will unreasonably prevent successful
performance of the Contract. If City elects not to terminate the Contract, Contractor will be
entitled to additional time to complete the Contract equal to that lost by an or all of the above
causes.
17. 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 will not be affected; the rights
and obligations of the parties will be construed and enforced as if the Agreement did not contain
the particular provision held to be invalid.
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Attachment 1, Page 5 of 10
18. Records & Data.
18.1. Access to Data. City and its duly authorized representatives shall have access to books,
documents, papers and records of Contractor which are directly pertinent to this Agreement
for the purpose of making audit, examination, excerpts and transcripts.
18.2. ❑x Rights in Data. All original written material in whatever form, whether print or digital,
prepared for City pursuant to this Agreement, is the exclusively the property of the City. The
ideas, concepts, know-how, or techniques developed during the course of this Agreement by
Contractor personnel can be used by either party in any way it may deem appropriate.
Material already in Contractor's possession, independently developed by Contractor outside
the scope of this Agreement, or rightfully obtained by Contractor from third parties, belong to
Contractor. This Agreement does not preclude Contractor from developing materials which
are competitive, irrespective of their similarity to materials which might be delivered to the
City pursuant to this Agreement. Contractor will 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, Contractor or its agent,
employees, or contractors, may receive confidential information. 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.
19.1. Additional Provisions. Contractor must comply with the terms and conditions in the
followed addenda, incorporated by reference, in the receipt and handling of confidential
information: n/a
❑ Confidential Information Addenda
❑ Business Associate Agreement (HIIPA Compliance) Addenda
20. 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.
21. 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.
22. Termination. 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 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 Contractor
of a Notice of Termination under this paragraph, the Contractor and City shall, by agreement,
make an appropriate written modification to this Agreement governing completion of portions of
the Contractor's work and payment therefore by CITY.
23. Assignment/Subcontract. 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 Contractor of any obligations of
this Agreement, and any transferee or subcontractor shall be considered the agent of Contractor.
Contractor shall remain liable as between the original parties to this Agreement as if no such
assignment had occurred.
24. Compliance with All Government Regulations. 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
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Attachment 1, Page 6 of 10
and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Contractor. This section includes, but is not
limited to, compliance with all applicable requirements of Federal and State civil rights statutes,
rules, and regulations, and 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.
25. Attorney Fees. Except for defense costs and expenses pursuant to section 12, neither City nor
Contractor is entitled to recover attorney's fees, court and investigative costs, or any other fees or
expenses associated with pursuing a remedy for damages arising out of or relating to this
Contract.
26. Construction of Agreement. This Contract shall not be construed more favorably to City due
to the preparation of this Contract by City. The headings and subheadings in this Contract are for
convenience, do not form a part of this Contract, and shall not be used in construing this Contract.
27. 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.
CITY OF SPRINGFIELD:
CONTRACTOR:
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
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Attachment 1, Page 7 of 10
City of Springfield Public Contract Addendum
Required Contract Terms Under ORS 2796 — Goods, Services, and Personal Services
Pursuant to Oregon law, this public contract includes the following terms and conditions, when applicable:
1. The contractor must 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. The contractor must 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. That contractor must 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. The contractor must 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, Contractor must salvage, recycle, compost or mulch yard
waste material at an approved site, if feasible and cost-effective. ORS 27913.225.
The contractor must promptly, as due, make payment to any person, co -partnership, 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 27913.230.
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 27913.020.
8. 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 27913.235(1)-(2).
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).
10. If the contract is for services, 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. Contractor 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).
Attachment 1, Page 8 of 10
{00024182:1}
ATTACHMENT 1
STATEMENT OF WORK
Purpose of Project: Provide prosecutorial services for the City of Springfield.
Desired Outcomes/Project Objectives: The objectives of this Statement of Work is to provide just and reliable
prosecution of offenses against the City of Springfield in the Springfield Municipal Court.
Final Deliverables/Work Products: Provide prosecutorial and administrative functions to run the City Prosecutor's
Office for the City of Springfield.
Prosecutorial Functions:
1. Authorize, file, prepare, and try misdemeanor criminal cases, major traffic cases, attorney -represented
infraction cases in the City of Springfield Municipal Court, and if appealed, in Lane County Circuit Court.
2. Conduct a variety of trial preparation and casework duties such as reviewing and evaluating police
reports, interviewing witnesses and complainants, consulting with involved police officer(s) and victim(s).
3. Provide discovery to defendants and attorneys.
4. Prosecute cases with the purpose of protecting victims, obtaining restitution, and recommending
appropriate settlement penalties on defendants.
5. Ensure that Subpoenas are served on potential witnesses.
6. Negotiate plea agreements with defendants or their attorneys and obtain restitution where applicable.
7. Attend in custody and out of custody arraignments, pretrial conferences, trials and other court dockets
where the court requests a prosecutor to be present, i.e. probation violations, contempt hearings.
8. Advise Court on release decisions and conditions of release for defendants.
9. Advise Springfield Police Department employees on applicable criminal investigative processes and
changes in statutory and case law.
10. Provide information to the public regarding criminal law generally, restitution and the applicability of
city ordinances, with referral to other agencies as appropriate.
11. Stay abreast of statutory and case law concerning matters of potential prosecution in the Municipal
Court.
12. Provide restitution information to crime victims and include restitution in negotiations, plea agreements
and sentencing recommendations where applicable.
Administrative Functions:
1. Employ all administrative support necessary to assist the prosecutor, be available to the public during
office hours and to carry out the clerical work of the City Prosecutor's Office.
2. Comply with all Law Enforcement Data System (LEDS) requirements and ensure that all administrative
staff members who access or run (LEDS) record searches are LEDS certified and will re -certify as required.
3. Secure prosecutorial services when there is a scheduling conflict or a conflict of interest as defined in
Oregon Rules of Professional Conduct 1.7-1.10.
4. Advise the City Attorney's Office of potential civil liability on the part of the City as it may pertain to
prosecution function.
5. Maintain office hours open to the public at the Springfield Justice Center Monday through Friday from
8:00am-5:00pm. A prosecutor will be present from 8:30am-12:00pm, Monday through Friday for court dockets and
when attorney trials are scheduled.
6. Interact with and respond to questions from the public during officer hours.
7. Stay in regular communication with the City about the operation of the City Prosecutor's Office and this
agreement.
8. Assists in the development of legislative and administrative policies.
9. Assists City in developing a system for providing data regarding prosecution by the City Prosecutor's
Office and a method for performance review.
Attachment 1, Page 9 of 10
{00024182:1}
City Obligations:
1. The City will provide office space, office furniture, office supplies, computer hardware and software, and
access to LEDS and Tyler/Odyssey File & Serve at the Springfield Justice Center.
2. Stay in regular communication with City Prosecutor about the operation of the City Prosecutor's Office
and this agreement.
Payment:
This Statement of Work reflects a negotiated three-year agreement with a 2% increase each year beginning with year
one.
Year One:
$372,055.20
Year Two:
$379,496.30
Year Three:
$387,086.23
Attachment 1, Page 10 of 10
{00024182:1}