HomeMy WebLinkAboutItem 06- McKenzie Defense Consortium Contract
AGENDA ITEM SUMMARY Meeting Date: 7/1/2024
Meeting Type: Regular Meeting
Staff Contact/Dept.: Nathan Bell / Finance
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: Provide Financially
Responsible and
Innovative Government
Services
ITEM TITLE: MCKENZIE DEFENSE CONSORTIUM CONTRACT
ACTION
REQUESTED:
Authorize the City Manager to negotiate and execute an agreement with McKenzie
Defense, a non-profit, for Court Appointed Attorney Services for the period July 1,
2024 through June 30, 2027, with two (2) additional one (1) year renewal options, in
substantially the form provided in Attachment 1.
ISSUE
STATEMENT:
In February 2024, the City issued a Request for Proposals (RFP) for indigent defense
services. McKenzie Defense was the highest scoring proposal and was awarded the
contract.
ATTACHMENTS: 1: Contract with McKenzie Defense
2: RFP
3: McKenzie Defense Response to RFP
DISCUSSION/
FINANCIAL
IMPACT:
In February 2024, the City issued a RFP for indigent defense services. The City
received two responses – McKenzie Defense and Eckart Wostmann Wiese, LLC.
The RFP proposals submitted were evaluated by one Judge Pro-Tem, the Court
Supervisor, the City Attorney, Accounting Manager, and Budget and Procurement
Manager.
The RFP was issued for an average case load of 3,000 cases annually. The
evaluation criteria included cost, qualifications, approach to service delivery,
workload size of entity in related to work required by the City and availability of
personnel to adequately meet the needs for indigent defense, and the overall proposal
preparation and completeness.
McKenzie Defense has been selected as the most responsible respondent. The
maximum, not-to-exceed compensation payable under this contract is $440,000 per
fiscal year (July 1 – June 30).
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CITY OF SPRINGFIELD
CONTRACT FOR SERVICES
Contract #3677
Dated: July 1, 2024
Parties: City of Springfield “City”
A Municipal Corporation of the State of Oregon
225 5th Street
Springfield, OR 97477
and
McKenzie Defense, a non-profit corporation “Contractor”
Additional Contractor Information:
a) Type of Entity: Sole Proprietorship Partnership
Limited Liability Comp Corporation
b) Address: 541 Willamette St., Ste. 110, Eugene, OR, 97401
c) Telephone: 541-344-5522
d) Fax No: 541-484-0529
e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non-
Procurement Programs found at: https://www.sam.gov/content/exclusions: Yes No
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, 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 under this
Contract, which includes any allowable expenses, is $440,000.00 per fiscal year (July 1 – June
30). City will not pay Contractor any amount in excess of the not-to-exceed compensation of this
Contract and will 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
Attachment 1
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the amendment. City will pay Contractor 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, 2027, 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 two (2) additional one-year terms upon
mutual agreement of the parties in writing.
4.2. ☒ 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 5th Street, Springfield, OR 97477 or email to ap@springfield-
or.gov. The invoice must reference this contract #3677 and approval code #040.
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 cl aims 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
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:
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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 shall subcontract with independent attorneys having the skill and knowledge
possessed by well-informed members of its industry, trade or profession and Contractor and
subcontractors 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. Subcontract attorneys under contract with the Contractor and must be at all times during the
term of this Contract, qualified, professionally competent, and duly licensed to perform
Services.
9. Sourcing. A formal request for proposal (RFP) was initiated by the City of Springfield on
February 28, 2024 (Attachment 2). Competitive sealed proposals were accepted from interested
respondents until April 12, 2024 at 2 p.m. pacific standard time. Proposals were evaluated using
proposal evaluation criteria outlined in the RFP. The proposal with the highest score was received
from McKenzie Defense (Attachment 3).
10. First Point of Contact.
Contractor: Lance D. Quaranto, Interim Director, Lance.D.Quaranto@gmail.com, PH:
949-903-4718 -or- 541-393-8485.
City: Allie Sederlin, Court Supervisor, asederlin@springfield-or.gov, PH: 541-744-4180
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, suffere d 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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12.1.1. General Insurance. City standard insurance limits modified to meet the Oregon
Office of Public Defense 2023 Public Defense Legal Services Contract for General Liability
Insurance. At its expense, in whole or in part from contract funds, Contractor and each
law firm or sole practitioner member of the consortium shall procure and keep in effect
during the contract term comprehensive general liability insurance with an extended
coverage endorsement from an insurance company authorized to do business in the
State of Oregon. The limits shall not be less than five hundred thousand dollars
($500,000) per occurrence for personal injury and property damage. 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 contract to the extent that the death
or bodily injury to persons or damage to property arises out of the fault of the
Contractor or the fault of the Contractor’s agents, representatives or subcontractors.
This insurance will be primary over any insurance the City may carry on its own.
Contractor understands the 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 li mits
imposed by the Oregon Governmental Tort Claims Act, Contractor agrees that the limits
regarding liability insurance set forth in this section will be modified to conform to such
limits. Contractor and City shall sign an amendment to this contract incorporating such
modification.
12.1.2. 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 $300,00 aggregate of all
claims plus an additional $75,000 claims expense allowance as provided in the 202 3 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 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
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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
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' compensat ion
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 ex ecution.
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.
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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.
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. ☒ 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 empl oyee
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:
☐ Confidential Information Addenda
☐ Business Associate Agreement (HIIPAA 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.
22.1. By the City for Any Reason. 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.
22.2. By Contractor for Any Reason. Contractor may terminate services with 120 days written
Notice of Termination.
22.3. Notice of Termination. Termination by either party under this section is effected by
delivery to the non-terminating party of a written 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.
22.4. Phase-Out Plan. Upon delivery to the non-terminating party 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 (said agreement hereinafter referred to as the “Phase-
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Out Plan”). Under the Phase-Out Plan, 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 may include transitioning all active cases to another
Contractor under contract with the City, or if the 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 the Phase-Out Plan. Under no circumstances will the monthly payment be
made to the Contractor after this agreement is terminated. Contractor will be allowed to issue
an invoice for the month or prorated partial month for services rendered prior to the date of
termination.
22.5. Termination for Cause. City may terminate this contract for cause, for the following
reasons:
22.5.1. Contractor’s material breach of this Agreement including material misuse of
Agreement funds;
22.5.2. Contractor’s willful or habitual disregard of the procedures required by the courts
in which Contractor provides services;
22.5.3. Contractor’s demonstrated continued inability to serve adequately the interest the
interest of its clients;
22.5.4. Contractor’s failure to abide by standards of performance and rules of professional
conduct; or
22.5.5. 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.
23. 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.
24. 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.
25. 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
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.
26. Attorney Fees. Except for defense costs and expenses pursua nt 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.
27. 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.
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28. 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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City of Springfield Public Contract Addendum
Required Contract Terms Under ORS 279B – 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). The parties acknowledge that the contractor represents indigent criminal defendants and does not
have control over their actions with regard to filing a lien or claim against the City.
4. The contractor must pay to the Department of Revenue all sums withhe ld 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 279B.225.
6. 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 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 fiv e
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 27 9B.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 279B.235(1)-(2).
9. 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).
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Attachment 1
Scope of Work
The City of Springfield is seeking proposals to provide 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
City anticipates that one or multiple contractors may be required to provide indigent legal services. As such, Proposer should
anticipate collaboration with City staff and other service providers. The term of the non -exclusive contract will be for three (3) years
with two (2) possible one (1) year renewals 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 and the
Springfield Municipal Court may contract with individual attorneys, private firms, consortia, and full time nonprofit public defender
organizations for indigent legal services.
(a) Desired Representation
The City of Springfield currently provides representation to those persons determined by a Springfield Municipal Court
Judge to be indigent and entitled to court-appointed counsel. The current model for appointment of counsel is through a non-
profit of attorneys. Compensation is based on an approximate rate of 3000 cases dispositioned annually. Attorneys are to
represent clients from the date of appointment (generally at arraignment), th rough trial or other resolution of the case,
including but not limited to plea agreement and sentencing, post-sentence restitution hearing, diversion periods, and deferred
prosecution periods. Attorneys are removed after disposition of a non-probation case or a standard probation case. 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 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. Attorneys are expected to participate in meetings and discussions aro und continued process
improvements, court efficiencies, and new potential programs. The head of the consortium or defense firm or other is
expected to meet with the Presiding Judge quarterly to discuss concerns or issues with the Court.
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.
The table below reflects court-appointed attorney case activity in the past three fiscal years. The City of Springfield fiscal
year commences July 1 and concludes June 30.
Misdemeanor Data FY21 FY22 FY23
Court-Appointed Attorney Represented Probation
Show Cause Dispositions 244 371 496
Court-Appointed Attorney Represented
Misdemeanor Dispositions 1413 1557 1676
Total Court-Appointed Case Referrals 2008 2172 2409
2. SCOPE OF WORK
The selected Proposer(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.
DUTIES
Proposer will provide the following services:
• Attend regularly scheduled in-custody arraignments;
• Attend regularly schedule out of custody arraignments and Initial Sh ow Cause Appearance dockets;
• Establish and follow procedures to ensure prompt notification to the court of the specific attorney assigned to each case;
• Attorneys must meet their in custody clients telephonically within 24 hours (excluding weekends and holi days); for clients
who are out of custody, within 72 hours of notification of appointment (excluding weekends and holidays). Inmates held at
Lane County Adult Corrections are not transported to the Springfield Municipal Jail for initial meetings;
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{00033734:4}
• 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;
• Investigate cases, propose resolutions, represent clients in bench and jury trials, file an d 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 for any specialty courts/dockets;
• 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;
• Assist with and/or be knowledgeable about any specialty court dockets or mental health dockets;
• Comply with all federal and state laws regarding access to Proposer’s facilities, including elimination of barriers which limit
access for the disabled.
3. COMPENSATION
Proposer shall propose to receive a flat amount annually 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 a mount
of cases dispositioned in the previous month and is subject to Municipal Court approval. Invoice must be submitted no late r than the
15th of the month.
Proposer shall include within their proposal submittal a compensation schedule and an annual project contract amount, based on an
average of 3000 cases annually.
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) Court-appointed attorneys must maintain meaningful attorney/client relationships in accordance with the
Oregon Rules of Professional Conduct.
d) Appointment to a case shall terminate as set forth in Section 1 (a)
e) Proposer shall specify the number of appointments that will be accepted by the Proposer. Proposal should
include a percentage representing the number of Springfield Municipal Court appointments in proportion to all other
represented cases (retained and appointed by other courts).
f) Court-appointed attorneys are responsible for all reasonable and necessary administrative expenses that are ordinary and
related to routine case investigation, preparation and trial. Expense s include, but are not limited to: copies, phone and
postage, and mileage.
g) 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 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.
Attachment 1
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{00033734:4}
h) 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 2, Master Court Schedule).
i) 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 loss of court room privileges. This will be determined at the sole discretion of the presiding
judge.
j) Proposer 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.
k) Springfield Municipal Court requires the Proposer to have equipment and information systems to provide
effective and efficient legal services.
l) 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.
m) Proposer will be responsible for any subcontracting due to workload issues or conflict of interest cases with Proposer’s law
firm. If a case filed has more than one client, Proposer will be responsible for contracting with a conflict attorney.
n) Proposer shall maintain telephone voicemail and email inboxes such that they are able to accept new
voicemail and email messages at all times. Proposer 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. Proposer shall include a copy of thi s
policy with the proposal.
5. REQUIREMENTS
a) The proposal and any modification must be complete, timely and in conformance with the RFP requirements.
b) 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; applicants most disclose if any involved attorneys have previous bar complaints.
ii) Proposer must demonstrate a plan for managing conflict of interest cases. Any attorney(s) designated to cover
conflict of interest cases is subject to Springfield Municipal Court approval.
Proposer shall be responsible for compensating conflict council from its monthly budget. Plan must include a
detailed explanation of how conflicts of interest are identified and tracked.
iii) Proposer, staff and/or subcontractors shall submit to Law Enforcement Data Systems (LEDS)
required fingerprinting, Criminal Justice Information Services (CJIS) document review and pass
level one security test before representing any City referrals.
iv) Proposer must maintain Professional Liability Fund coverage minimum of $300,000 per attorney.
6. DEFINITIONS
a) Appointment. The word “appointment” is defined to include the Court’s original designation of Independent Contractor,
and Independent Contractor’s acceptance of such designation, 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
six (6) months following the failure to appear. There may be multiple appointments on a single case. Appointments are
further subject to termination by the Court if the defendant no longer qualifies as indigent. Reappointments are made upon
Attachment 1
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{00033734:4}
judicial approval. It is the responsibility of the Independent Contr actor to track the time period following a client’s failure
to appear and file a motion to withdraw.
b) 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.
c) 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.
d) 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.
e) 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.
f) Disposition. The word “disposition” means the sentencing or other final settlement of a criminal case. A
Diversion or Deferred Prosecution Agreement is considered disposed when the case is dismis sed or sentence.
Attachment 1
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IMPORTANT NOTICE!!
If you download these materials and wish to be
added to the proposer contact list send an email
to:
purchasing@springfield-or.gov
Information to be provided:
➢ “RFP# 3579 Indigent Defense Services” in the
subject line
➢ Company name
➢ Primary contact name
➢ Primary contact title
➢ Primary contact direct phone #
➢ Primary contact email
It will be the responsibility of each participating supplier to refer daily to the City
of Springfield – Purchasing/Contracts website http://www.springfield-
or.gov/city/finance/purchasing/indigent-defense-services to check for any available
addendum to current opportunities, cancellations or intents to award posted.
Attachment 2
Page 1 of 34
CITY OF SPRINGFIELD
OREGON
Request for Proposal #3579
Municipal Court
Indigent Defense Services
Sealed proposals will be received by the Finance Department, City of Springfield, 225 Fifth
Street. Springfield OR, 97477, Attn: Jessica Mumme until 2:00 p.m. Pacific Standard Time
(PST), March 29, 2024 and opened at 2:15 p.m. PST the same day. Sealed proposals must be
marked “RFP#3579 Indigent Defense Services”.
The City of Springfield is seeking qualified attorneys to provide 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.
Proposal packets are available on the City’s website at www.springfield-or.gov (City > Finance
> Purchasing and Contracts then RFP #3579 Indigent Defense Services or by contacting Jessica
Mumme via email at: purchasing@springfield-or.gov.
The City of Springfield reserves the right to accept or reject any or all proposals or to waive any
specifications or requirements, or to negotiate with any vendor submitting a proposal regarding
any aspect of this Request for Proposals when doing so is deemed to be in the best interest of the
City.
The City of Springfield encourages proposers or sub-contractors who are minority, woman-
owned and emerging small businesses to participate in City projects.
If any respondent requires special assistance or auxiliary aids during the proposal, evaluation, or
award process, please contact Jessica Mumme via email at purchasing@springfield-or.gov at
least two (2) business days prior to the required assistance.
Attachment 2
Page 2 of 34
Request for Proposal
#3579
Indigent Defense Services
City of Springfield
Municipal Court
Springfield, Oregon 97477
February 28, 2024, 5 p.m. PST
Attachment 2
Page 3 of 34
I. Project Overview
The City of Springfield’s purpose for issuing this RFP is to establish a contract(s) with an
attorney(s) or a firm or a consortium or other qualified entity that have the experience and
training to provide legal representation for indigent adults as appointed by the Springfield
Municipal Court for misdemeanor offenses. Services are limited to the representation of adults in
cases who have been determined by the Springfield Municipal Court to be indigent. Services do
not include representation of felony cases. The scope of indigent legal services is described in
Attachment 1- Scope of Work.
The City, at its sole discretion, may choose to award to multiple proposers.
II. Overall Project Description and Scope of Work
The City of Springfield’s purpose for issuing this RFP is to establish a contract with a qualified
entity for indigent defense services. The scope of indigent defense services are described in
Attachment 1 - Scope of Work.
III. Proposal Submission Requirements
Your response to the Request for Proposal must contain all of the information requested in the
Request for Proposal along with acknowledgement of all addenda. A completeness check will be
conducted for each submission. Incomplete submissions will not be accepted. Submissions must
include the items organized and numbered to correspond to each requirement below:
Content requirements
1. General – Proposals will be clear and concise. The City encourages green options and discourages the use
of materials that cannot be recycled such as PVC and spiral binders, plastic or glossy covers and dividers.
Further, the City encourages Proposers to print on both sides of a sheet of paper whenever possible.
2. Cover Letter – All Proposals must be accompanied by a cover letter signed by an individual who is legally
authorized to enter into a contract on behalf of the proposing individual/firm.
a. The letter must introduce the Proposal, provide an overview of your representation according to
the Attachment 1 Statement of Work.
b. Affirm that the Proposer accepts all terms and conditions of the Request for Proposals , including
the Attachment 2 Sample Contract terms and conditions.
c. The letter must designate the Proposer’s contact person during the Proposal review process.
d. Identify whether you qualify as resident bidder as described in ORS279A.120 (1) (b) and if you
are licensed to do business in the State of Oregon.
e. Include a statement of the firm’s ability to begin work July 1, 2024, and a statement that the
submission is a firm offer for a 90-day period.
f. Pending Litigation: Identify any past, pending or threatened litigation or administrative or state
ethics board or similar body proceedings to which you or any of your partners are a party and
which would either materially impair your ability to perform the services enumerated herein, or, if
decided in an adverse manner, materially adversely affect the financial condition of your firm.
Any firm selected pursuant to this RFP will be required to advise the city of any developments
during the term of this appointment with respect to existing and/or any new civil or criminal legal
investigations, pertinent litigation and/or regulatory action involving the firm or its employees
which could impact the firm’s role or ability to perform the consulting services.
Attachment 2
Page 4 of 34
3. Qualifications - Include a detailed statement of the qualifications of the firm. This should include
organizational history, clients presently served, and extent of indigent defense work.
4. Resumes - Provide resumes and technical experience of key personnel expected to complete the work.
Include resumes for any proposed subcontract attorneys. For attorneys, provide Oregon State Bar Number.
Attorneys must have a minimum of one (1) year experience with misdemeanor cases, including trial
experience and be in good standing with the Oregon State Bar. Administrative staff must have a minimum
of one (1) year experience in legal office work environment and a minimum of one (1) year experience
with word processing and spreadsheet software (example: Microsoft Word and Excel). Note: All attorneys
and staff are subject to criminal background checks.
5. Approach - The proposal should set forth a work plan, including an explanation of the methodology to be
followed, to perform the services required in this request for proposal.
Proposers will be required to provide the following information on their approach:
a. How Proposer will ensure effective legal representation. Factors considered shall include the
following: misdemeanor legal representation experience, attorney practice statistics, available
support staff, and caseload per attorney. Proposal shall include a percentage rep resenting the
number of Springfield Municipal Court appointments in proportion to all other represented cases
(retained and appointed by other courts).
b. Describe current caseload and plan for incorporating Springfield Municipal Court caseload.
c. How Proposer will incorporate other law practice obligations to the workload responsibilities of
the City, and what kind of priority Court appointments will be given in relationship to other
contracts and obligations of an attorney.
d. How the Proposer will assign cases to attorneys after arraignment and maintain client/attorney
assignment through disposition.
e. How Proposer will coordinate staff and attorney absences to provide for adequate coverage of all
court sessions.
f. How Proposer will track, identify, and notify court of any conflict of interest. Proposer must
demonstrate plan for managing conflict of interest cases. Plan must include a detailed explanation
of how ethical conflicts for an individual attorney and conflicts for the firm are identified and
traced.
g. How Proposer will schedule interviews with both in-custody and out-of-custody clients, and the
timeline Proposer expects to follow in relation to both.
h. How Proposer will provide monthly statistical data to the court.
i. Describe what Proposer needs to do to be ready and able to begin services on the proposed
contract effective date.
j. Describe experience in assisting non-English speaking clients. Provide list of bi-lingual attorneys
and administrative staff.
k. Describe experiences in working with court an d staff on issues relating to case management and
court procedures.
l. Proposer’s policy for responding to all client contacts (including jail kites), including the length of
time within which a response must occur.
Attachment 2
Page 5 of 34
6. Cost Proposal - Proposer shall include within their proposal submittal a compensation schedule and an
annual project contract amount, based on an average of 3,000 cases annually and based on the Scope of
Work outlined in Attachment 1 – Scope of Work.
7. Knowledge and Experience - Describe experience in comparable municipal court setting processing
misdemeanor cases. If applicable, list experience specific to Springfield Municipal Court, local laws and
sanctions. (Provide list of experience level for each attorney.)
8. Facilities - Describe facility available to meet with clients and compliance with ADA standards.
9. Equipment - Describe equipment and electronic information systems Proposer has or will obtain. If
additional equipment or software will be purchased, provide timeline for purchasing and training.
10. Professional Education and Supervision Plan - Describe any training, CLE, or certifications pertaining to
mediation skills or any additional areas of specialized training relevant to municipal court misdemeanor
cases.
11. Transition Plan - Submit a plan that includes transition plans for assuming caseload as of July 1,
2024, roles and responsibilities.
12. Diversity - Describe experience working with a diverse population and addressing local community special
interest and quality-of-life issues. Specify diversity training plan for staff and attorneys. In particular,
describe your experience representing drug/alcohol addicted and/or mentally ill clients, and an y strategies
you have developed for providing services to these populations.
13. References - Provide a minimum of five (5) references for Indigent Defense Services for organizations for
whom you have provided similar services. The references should include, at a minimum, the name of the
organization, the address, the contact person, title, email address and a telephone number. References
cannot include current City Staff.
14. Attachment 2 – Sample Contract. In your cover letter, indicate acceptance of terms and conditions.
15. Signed Attachment 3 – Authorization to Legally Bind Bidder.
16. Signed Attachment 4 – Minority Women Emerging Small Business Form (MWESB).
IV. Evaluation and Selection Criteria
A committee comprised of representatives from the city will review the Proposals for
conformance with the requirements of the Request for Proposals. Conforming Proposals will be
evaluated according to the criteria listed below.
1. Proposal Review
a. The proposals will be examined to determine that the firm satisfies the mandatory elements as
identified in section III. Firms who do not meet the mandatory elements will be eliminated from
further consideration.
b. Next the committee will use the selection criteria as identified in section IV to score each
proposal. Based on the strength of the Proposals received, the committee may elect to identify
finalists and schedule appointments for presentations and/or interviews. Following the
Attachment 2
Page 6 of 34
presentations and/or interviews, if any, the committee will make a final selection based on the
best overall interests of the City of Springfield. The committee will rely on information provided
in the Proposals and during interviews, if any, as well as information provided by references.
2. Evaluation Criteria
Proposals will be evaluated using two sets of criteria. Firms meeting the mandatory criteria will have their
proposals evaluated and scored. The following represent the criteria which will be considered during the
evaluation process.
a. Mandatory Elements
b. Proposal Evaluation Criteria
Criteria Possible
Points
Cost 35
Qualifications- demonstrated prior experience in conducting
similar work and reference checks
30
Service Delivery 20
Workload size of practice/firm/consortium/qualified entity
in relation to work required for City and availability of
personnel to adequately meet the needs for indigent defense
10
Proposal preparation and completeness 5
Total 100
Oral Presentation for selected firms (if any) 20
Grand Total 120
c. Oral Presentations (if any) and Final Scoring
i. After the technical proposals have been evaluated and finalist firms have been identified,
those firms may be invited to make an oral presentation to the committee.
ii. Presentations provide the firms an opportunity to answer any questions or provide
clarifications to the committee; however, no changes are allowed to be made to the
originally submitted cost.
iii. The committee will score the firm’s presentations in the context of the criteria listed in
section IV 2b. of this document and whether the presentation and responses enhance the
scoring of the written proposals. Firms may receive up to an additional 20 points on the
presentation.
iv. Based upon the addition of the presentation scores to the written proposal scores, a final
cumulative score for each finalist will be compiled, from which the selection of a firm
will be made.
d. Tie Breaker
In the event of a tie during the evaluation process, the tie will be broken by taking the highest
scoring proposer based on Cost. If these scores are also tied, then by taking the highest scoring
proposer based on their Qualifications.
Attachment 2
Page 7 of 34
V. Schedule for Selection Process (all times listed are Pacific Standard Time (PST))
RFP Package Available February 28, 2024, 5 p.m. PST
Request for Clarification Due (if applicable) March 18, 2024, 2 p.m. PST
Solicitation Protests Due Same as request for clarification
Response to Clarification Due (if applicable) March 22, 2024, 2 p.m. PST
Proposals Due: March 29, 2024, 2 p.m. PST
Review & Interview (if applicable) Approximately 2 weeks after
proposals due
Intent to Award Notice (approximate) April 19, 2024
Contract Award (approximate) May 3, 2024
Public opening of the RFP responses will take place on March 29, 2024 at 2:15 PST at the City
of Springfield Finance Department, 225 Fifth Street, Springfield, Oregon, 97477. All interested
parties are invited to attend.
Prospective Proposers may contact Jessica Mumme via email at purchasing@springfield-or.gov
for further information regarding this process or to request clarification. Contact with other
City officials may be grounds for disqualification. Please note that the City of Springfield has
implemented this policy to ensure fairness and transparency in the selection process. Upon
receipt of an inquiry from a prospective proposer, the message is promptly relayed to the
project’s lead staff person, who then prepares a written reply. City staff, in turn, posts the
questions and responses in an Addendum. Follow-up questions and/or clarifications may
continue to be submitted in this fashion until March 18, 2024, 2 p.m. PST.
VI. Instructions to Proposers
The Request for Proposals may be found on the City of Springfield website at www.springfield-
or.gov (http://www.springfield-or.gov/city/finance/itbrfp select the document titled RFP# 3579
Indigent Defense Services) or in-person at the Springfield City Hall, Finance Department, 225
Fifth Street, Springfield, Oregon, 97477.
Each Proposal must include one (1) original signed submission in paper form, marked “RFP#
3579 Indigent Defense Services” and (1) electronic copy (PDF format) on a CD or thumbdrive.
Emailed submissions are not accepted. Each original Proposal and required materials must be
contained in a sealed envelope or box and must be received no later than 2 p.m., PST, March 29,
2024, at the following address:
City of Springfield
Finance Department
Attention: Jessica Mumme
225 Fifth Street
Springfield, Oregon 97477
Attachment 2
Page 8 of 34
VII. Late Proposals Not Considered
Proposals must be received by the time specified at the address listed above. Any Proposal
received after the deadline will not be considered. Faxed or emailed submissions will not be
accepted.
VIII. Addenda to RFP
In the event that it is necessary to amend, revise, or supplement any part of the Request for
Proposal, addenda will be posted on the City of Springfield’s website at www.springfield-or.gov
(http://www.springfield-or.gov/city/finance/itbrfp select the document titled RFP# 3579
Indigent Defense Services). The City will make a reasonable effort to provide the addenda to all
Proposers to whom the City provided the initial Proposal. This includes the amendment of dates
in the Schedule for Selection Process. Any addenda so issued are to be considered part of the
specifications of the Proposal. The City is not responsible for any explanation, clarification,
interpretation, or approval made or given in any manner except by written addenda issued by
City.
In case of any doubt or differences of opinion as to the services to be furnished hereunder, or the
interpretation of the provisions of the Proposal, the decision of the City shall be final and binding
upon all parties.
IX. Contract
The successful Proposer will be expected to enter into a professional services contract with the
City. The contract will specify the extent of services to be rendered, the means and methods of
providing the services, and the amount of compensation. A sample contract is included as
Attachment 2.
X. Negotiation of Price Agreement
The City of Springfield reserves the right to negotiate a final contract which is in the best interest
of the City considering cost effectiveness and quality central control. Once a tentative selection
has been made by the evaluation committee, City staff will attempt to negotiate a contract with
the preferred Proposer. If the negotiations are not successful, City staff will negotiate with other
qualified Proposers in the order of their respective qualifications until an agreement is reached or
City staff decides to terminate the selection process.
XI. City Selection Discretion
The City of Springfield reserves the right to reject any or all bids and to waive irregularities and
informalities in the selection process. The City of Springfield further reserves the right to
negotiate, amend, and refine bids in consultation with one or more of the prospective Proposers.
Attachment 2
Page 9 of 34
XII. Proposal Ownership
All material submitted by the Proposers shall be considered property of the City of Springfield,
and the City will not be required to return same to any Proposer. The material submitted by
Proposer will be treated in the same manner as the City’s own records.
After opening, all Proposals become part of the public record unless exempt under Oregon
Public Records Law. Proposers wishing to exempt appropriate portions of their Proposals from
disclosure as public records are encouraged to discuss their concerns with City’s Finance
Director (address listed below) prior to the submissions of their Proposals.
Nathan Bell, Finance Director
City of Springfield Finance Department
225 Fifth Street
Springfield, OR 97477
XIII. Exceptions to Request for Proposal
If, for any reason, a Proposer should find fault with the structure of this Request for Proposal or
with the evaluation process, concerns may be submitted in writing to:
Jessica Mumme
City of Springfield Finance Department
225 Fifth Street
Springfield, OR 97477
purchasing@springfield-or.gov
The City will make every effort to answer questions and, if warranted, to amend the Request for
Proposal. Responses to questions and amendments to the Proposal will be posted on the
Springfield website www.springfield-or.gov (http://www.springfield-or.gov/city/finance/itbrfp
select the document titled RFP# 3579 Indigent Defense Services). Proposers who are unable or
unwilling to meet any of the requirements of this Request for Proposal must include, as part of
their response, written exceptions to those requirements. Such request shall be delivered on or
before March 18, 2024, 2 p.m. PST.
XIV. Solicitation Protest Procedure
A prospective Proposer may submit formal protests to this Request for Proposal or any addenda
to purchasing@springfield-or.gov. This request must be delivered no later than noon local time
March 18, 2024, 2 p.m. PST or the close of the next business day following issuance of an
addenda, whichever occurs later. A written protest of this Request for Proposals must include:
• Sufficient information to identify the solicitation being protested, such as including “RFP
# 3579 Protest” in the email subject line;
Attachment 2
Page 10 of 34
• The grounds that demonstrate how the procurement process is contrary to law or how the
solicitation document is unnecessarily restrictive, legally flawed, or improperly specifies
a brand name;
• Evidence or supporting documentation that supports the grounds on which the protest is
based; and
• The relief sought, including a statement of the desired changes to this RFP or the
procurement process the prospective Proposer believes will remedy the conditions that
form the basis for the protest.
The City will review protests to the solicitation that are timely filed and notify the prospective
Proposers of the decision in writing no fewer than three business days before the closing date,
unless the City finds that circumstances warrant a shorter time period. In response to a valid
Protest, the City may issue an addendum to this RFP. An adversely affected Proposer must
exhaust all avenues of administrative relief and review before seeking judicial review of this
RFP.
XV. Award Protest Procedure
Any Proposer who has submitted a Proposal to the City and who is adversely affected by the
City’s award of the Contract to another Proposer has seven (7) days after issuance of the Notice
of Intent to Award the Contract, to submit a written protest of the award to the City. This right to
protest shall conform to the written requirements of OAR 137-047-0740 and specify the grounds
upon which the protest is based.
An adversely affected Proposer must exhaust all avenues of administrative relief and review
before seeking judicial review of City’s Contract award. Protests must be submitted to:
Nathan Bell
Finance Director
City of Springfield
225 Fifth Street
Springfield, OR 97477
XVI. Cost of Proposal
The City is not liable for any costs incurred by vendors for the preparation and presentation of
their Request for Proposals. This includes any costs in the submission of a Proposal or in
making necessary studies or designs for the preparation thereof.
XVII. AMERICANS WITH DISABILITIES ACT COMPLIANCE
If any respondent requires special assistance or auxiliary aids during the proposal, evaluation, or
award process, please contact Jessica Mumme via email at purchasing@springfield-or.gov at
least two (2) business days prior to the required assistance.
Attachment 2
Page 11 of 34
Attachment 1
Scope of Work
The City of Springfield is seeking proposals to provide 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 City anticipates that one or multiple contractors may be
required to provide indigent legal services. As such, Proposer should anticipate collaboration with City staff and
other service providers. The term of the non-exclusive contract will be for three (3) years with two (2) possible one
(1) year renewals 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 and the Springfield Municipal Court may contract with individual attorneys, private
firms, consortia, and full time nonprofit public defender organizations for indigent legal services.
(a) Desired Representation
The City of Springfield currently provides representation to those persons determined by a Springfield
Municipal Court Judge to be indigent and entitled to court-appointed counsel. The current model for
appointment of counsel is through a non-profit of attorneys. Compensation is based on an approximate rate
of 3000 cases dispositioned annually. Attorneys are to represent clients from the date of appointment
(generally at arraignment), through trial or other resolution of the case, including but not limited to plea
agreement and sentencing, post-sentence restitution hearing, diversion periods, and deferred prosecution
periods. Attorneys are removed after disposition of a non-probation case or a standard probation case. 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 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 six (6) months from the date of the failure to appear. Attorneys shall
remain appointed on non-DUII Diversion or Deferred Prosecution Agreements until the matters are
completely resolved with a dismissal or a show cause; 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 improvements, court
efficiencies, and new potential programs. The head of the consortium or defense firm or other is expected
to meet with the Presiding Judge quarterly to discuss concerns or issues with the Court.
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.
The table below reflects court-appointed attorney case activity in the past three fiscal years. The City of
Springfield fiscal year commences July 1 and concludes June 30.
Misdemeanor Data FY21 FY22 FY23
Court-Appointed Attorney Represented Probation
Show Cause Dispositions 244 371 496
Court-Appointed Attorney Represented
Misdemeanor Dispositions 1413 1557 1676
Total Court-Appointed Case Referrals 2008 2172 2409
Attachment 2
Page 12 of 34
2. SCOPE OF WORK
The selected Proposer(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.
DUTIES-
Proposer will provide the following services:
• Attend regularly scheduled in-custody arraignments;
• Attend regularly schedule out of custody arraignments and Initial Show Cause Appearance dockets;
• Establish and follow procedures to ensure prompt notification to the court of the specific attorney assigned
to each case;
• Attorneys must meet their in custody clients telephonically within 24 hours and must meet them in person
within 72 hours (excluding weekends and holidays); for clients who are out of custody, within 72 hours of
notification of appointment (excluding weekends and holidays). 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;
• 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 for any specialty courts/dockets;
• 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;
• Assist with and/or be knowledgeable about any specialty court dockets or mental health dockets.
• Comply with all federal and state laws regarding access to Proposer’s facilities, including elimination of
barriers which limit access for the disabled.
3. COMPENSATION
Proposer shall propose to receive a flat amount annually 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 15 th of the month.
Proposer shall include within their proposal submittal a compensation schedule and an annual project contract
amount, based on an average of 3000 cases annually.
Attachment 2
Page 13 of 34
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) Court-appointed attorneys must maintain meaningful attorney/client relationships in ac cordance with the
Oregon Rules of Professional Conduct.
d) Appointment to a case shall terminate as set forth in Section 1 (a)
e) Proposer shall specify the number of appointments that will be accepted by the Proposer. Proposal should
include a percentage representing the number of Springfield Municipal Court appointments in proportion
to all other represented cases (retained and appointed by other courts).
f) 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.
g) All extraordinary case expenses are subject to judicial approval prior to expenditure of funds fo r 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 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.
h) 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. Spr ingfield Municipal
Court requires court-appointed counsel to appear promptly and fully prepared for all court sessions. (Refer
to Attachment 2, Master Court Schedule).
i) 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 loss of court room
privileges. This will be determined at the sole discretion of the presiding judge.
j) Proposer 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.
k) Springfield Municipal Court requires the Proposer to have equipment and information systems to provide
effective and efficient legal services.
l) 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.
m) Proposer will be responsible for any subcontracting due to workload issu es or conflict of interest cases
with Proposer’s law firm. If a case filed has more than one client, Proposer will be responsible for
contracting with a conflict attorney.
n) Proposer shall maintain telephone voicemail and email inboxes such that they are abl e to accept new
voicemail and email messages at all times. Proposer 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. Proposer shall include a copy of this policy with the proposal.
Attachment 2
Page 14 of 34
5. REQUIREMENTS
a) The proposal and any modification must be complete, timely and in conformance with the RFP
requirements.
b) 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; applicants most disclose if any involved attorneys have previous bar
complaints.
ii) Proposer must demonstrate a plan for managing conflict of interest cases. Any attorney(s)
designated to cover conflict of interest cases is subject to Springfield Municipal Court approval.
Proposer shall be responsible for compensating conflict council from its monthly budget. Plan
must include a detailed explanation of how conflicts of interest are identified and tracked.
iii) Proposer, staff and/or subcontractors shall submit to Law Enforcement Data Systems (LEDS)
required fingerprinting, Criminal Justice Information Services (CJIS) document review and pass
level one security test before representing any City referrals.
iv) Proposer must maintain Professional Liability Fund coverage minimum of $300,000 per attorney.
6. DEFINITIONS
a) Appointment. The word “appointment” is defined to include the Court’s original designation of
Independent Contractor, and Independent Contractor’s acceptance of such designat ion, 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 six (6) months following the failure to appear. There may be 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 and file a motion to withdraw.
b) Case (or Police Case). A “case” shall include all charges for one defendant arising from a sing le
incident, the allegations of which resulted in Independent Contractor’s appointment, notwithstanding
multiple docket numbers. Show cause appearances are a separate case.
c) 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.
d) 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 thos e out on
warrant or on diversion.
e) 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.
Attachment 2
Page 15 of 34
f) Disposition. The word “disposition” means the sentencing or other final settlement of a criminal case. A
Diversion or Deferred Prosecution Agreement is considered disposed when the case is dismissed or
sentence.
Attachment 2
Page 16 of 34
{00023719:1}
REV JAN 2022
CITY OF SPRINGFIELD
CONTRACT FOR SERVICES
Contract #_____ email purchasing@springfield-or.gov for contract #
Dated:
Parties: City of Springfield “CITY”
A Municipal Corporation of the State of Oregon
225 5th Street
Springfield, OR 97477
and
“Contractor”
Additional Contractor Information:
a) Type of Entity: Sole Proprietorship Partnership
Limited Liability Comp Corporation
b) Address:
c) Telephone:
d) Fax No:
e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non-
Procurement Programs found at: https://www.sam.gov/content/exclusions: Yes No
City Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
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 under this
Contract, which includes any allowable expenses, is $***,***.**. City will not pay Contractor any
amount in excess of the not-to-exceed compensation of this Contract and will 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
Attachment 2
Page 17 of 34
{00023719:1}
REV JAN 2022
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
___________, unless earlier terminated in accordance with the provisions of this Agreement or by
mutual consent of the parties.
[Check as applicable to scope of services. Renewal term must be consistent with the solicitation.
Non Appropriation required for terms that span multiple fiscal years.]
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. ☐ Non-Appropriation. The obligation of the City to make payments beyond June 30 ,[end
of current fiscal year] 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 5th Street, Springfield, OR 97477 or email to ap@springfield-
or.gov. The invoice must reference this contract #XXXX and approval code #XXX.
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 claim s 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
Attachment 2
Page 18 of 34
{00023719:1}
REV JAN 2022
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.
9. Sourcing. [Insert here a description the sourcing activity that was performed.]
10. First Point of Contact.
[Contractor name]- [Contractor contract name, email] PH [Contractor ph #]
City-[NAME and email] - PH: 541.[###.####]
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.
Attachment 2
Page 19 of 34
{00023719:1}
REV JAN 2022
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. [City staff check as applicable to scope of services]
12.2.1. ☐ Professional Liability. Contractor shall maintain a professional liability
insurance policy reflecting limits of not less than $2,000,000 for claims for professional
acts, errors or omissions arising from the Work. 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. The policy shall contain an endorsement
entitling the City not less than 60 days prior written notice of cancellation of such policy
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
Attachment 2
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{00023719:1}
REV JAN 2022
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 u nder 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 a ffected; the rights
Attachment 2
Page 21 of 34
{00023719:1}
REV JAN 2022
and obligations of the parties will be construed and enforced as if the Agreement did not contain
the particular provision held to be invalid.
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.
[City staff check the following additional provisions if applicable based on scope of services]
18.2. ☐ 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 informat ion 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: [City staff check as applicable to scope of services and attach addenda.]
☐ Confidential Information Addenda
☐ Business Associate Agreement (HIIPAA 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.
Attachment 2
Page 22 of 34
{00023719:1}
REV JAN 2022
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 bre ach of contract
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 damage s 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:
Attachment 2
Page 23 of 34
{00023719:1}
City of Springfield Public Contract Addendum
Required Contract Terms Under ORS 279B – 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 279B.225.
6. 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 car e 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.
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 279B.235(1)-(2).
9. 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 2
Page 24 of 34
ATTACHMENT 3
Authorization to Legally Bind Bidder
The person executing this Bid and the instruments referred to
herein on behalf of the Bidder has the legal power, right, and actual
authority to submit this Bid, and to bind the Bidder to the terms and
conditions of this Bid.
___________________________________________ _________
(Signature of person authorized to bind Bidder) Dated
____________________________________________________
Print Name of Person signing as authorized to bind Bidder
____________________________________________________
Title of Person signing as authorized to bind Bidder
___________________________ ______________________
Firm Name Phone
___________________________ ______________________
Address Fax
___________________________ ______________________
City, State, Zip email address
Attachment 2
Page 25 of 34
Minority, Women, and Emerging Small
Business/Disadvantaged Business Enterprise
MWESB/DBE Voluntary Self-Declaration for Cit y Procurement # or Project No. P
The City of Springfi eld is seeking information on the various business entities that submit bids and proposals
for working with the Department. We request that you provide the following information to assist us with
evaluating our efforts at reaching the underrepresented sectors of the business and construction communities.
The Department does not intend to use this data as criteria for selecting the successful bidders or proposers for
city-funded procurements. For procurements with state or federal DBE requirements, the Department will use
the forms and criteria established by the state or federal agency for selecting the successful bidders or
proposers.
Please include this form with your bid/proposal submittal to the City.
Prime Bidder/Proposer:
Business Name:
Contact Person:
CCB#/PE#/Other Registration:
Business Address:
Business Phone:
Please check each box indicating the business cer tification type that your firm has with the State of Oregon or
the federal government, if any:
Oregon Minority-owned Business
Oregon Woman-owned Business
Oregon Emerging Small Business
Federal Disadvantaged Business Enterprise (DBE)
First Tier Sub-contractors:
For each First Tier Subcontractor, provide the same information, using additional sheets as necessary:
ATTACHMENT 4
Attachment 2
Page 26 of 34
Page 1 of 2
City of Springfield
The City of Springfield is hereby amending the above-mentioned RFP. The original document can be found on
the City’s website at www.springfield -or.gov (select CITY > Finance > Purchasing and Contracts then RFP#
will be linked to the RFP/ITB page).
Question 1. Preface to Question: To address potential issues of unfairness or disadvantage to one
or more bidders not of a kind warranting or ripe for more formal “protest”, or where a particular
requirement could impose an undue burden on one or more bidders, as may occur where a particular
provision is used by default in contracts covering a range of services other than but including indigent
defense, past Springfield RFP’s for Indigent Defense Services have included provisions entitled
“Comments Procedure”, permitting requests to expand, modify, or waive a particular specification or
condition. Such provision is noticeably absent from current RFP #3579.
By way of example, the above-referenced provision from City of Springfield 2018 RFP#1999 for Indigent
Defense Services, beginning at Page 10 of that document, read as follows:
For purposes of preventing prejudice to and/or to avoid undue burden on one or more bidders, can such
provision, or similar language, be either implied within the context of current RFP, or alternatively, will
the City expressly add it by amendment?
Answer 1. Please refer to section XIII – Exceptions to Request for Proposal. This section
states: “If, for any reason, a Proposer should find fault with the structure of this Request
for Proposal or with the evaluation process, concerns may be submitted in writing t o:
Jessica Mumme
City of Springfield Finance Department
225 Fifth Street
Springfield, OR 97477
purchasing@springfield-or.gov
The City will make every effort to answer questions, and, if warranted, to amend the
Request for Proposal. Responses to questions and amendments to the Proposal will be
posted on the Springfield website www.springfield-or.gov/city/finance/itbrfp and select
the document titled RFP# 3579 Indigent Defense Services. Proposers who are unable or
unwilling to meet any of the requirements of this Request for Proposal must include, as
March 15, 2024
Addendum #1 to RFP 3579 Indigent Defense Services
Attachment 2
Page 27 of 34
Page 2 of 2
part of their response, written exceptions to those requirements. Such request shall be
delivered on or before March 18, 2024, 2 p.m. PST.
In the event that it is necessary to further amend, revise or supplement any part this RFP, additional
addenda will be posted on the City’s website at http://www.springfield -or.gov (select CITY > Finance >
Purchasing and Contracts then RFP#XXX and name of project). As stated in the original solicitation, City
will make a reasonable effort to provide the addenda to all Proposers who asked to be on the Interested
Parties List. This addendum shall be considered part of the specification of the RFP. The City is not
responsible for any explanation, clarification, interpretation or approval made or given in any manner
except by written addenda issued by City.
ALL BIDDERS MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING AND DATING THIS
DOCUMENT AND INCLUDING IT AS PART OF THEIR SUBMITTAL PACKAGE.
Signature Date
Attachment 2
Page 28 of 34
Page 1 of 2
City of Springfield
March 18, 2024
Addendum #2 to RFP 3579 Indigent Defense Services
The City of Springfield is hereby amending the above-mentioned RFP. The original document can be found on
the City’s website at www.springfield-or.gov (select CITY > Finance > Purchasing and Contracts then RFP#
will be linked to the RFP/ITB page).
Question: Virtual Dockets: To what extent if any does the Court intend at this time to continue the
use of virtual dockets during the new contract term, whether by GoToMeeting or other platforms?
Answer: The court intends to continue operating as a hybrid court. Regular weekly use of virtual and
in-person dockets are planned to continue during the new contract term. The court reserves the right to
adjust the scheduling of those sessions as needed based on needs and use.
Question: Out-of-Custody Arrangements: Historically, and under the presently effective contract
for indigent defense services, Springfield Municipal Court has not required the presence of prosecutors
or indigent defense counsel for out-of-custody arraignments or first appearances on show cause
matters. Under Section 2, “Scope of Work”, RFP #3579 specifies otherwise.
Related Question 1: Was the inclusion of the referenced specification, changing past and current
practice insofar as staffing those proceedings, intended or inadvertent?
Related Question 2: If intended, are the anticipated future times of the subject dockets known at this
time?
Answer: This was intended. First appearances on show cause matters are currently scheduled for
Mondays from 8:20 a.m. to 9:30 a.m. Out-of-custody arraignments are currently scheduled for
Tuesdays through Fridays from 1:30 p.m. to 2:00 p.m. The future times of these proceedings may be
subject to change by the Court as needed for scheduling and updating docket calendars.
Previously Answered via Addendum #1:
Question: Preface to Question: To address potential issues of unfairness or disadvantage to one or
more bidders not of a kind warranting or ripe for more formal “protest”, or where a particular
requirement could impose an undue burden on one or more bidders, as may occur where a particular
provision is used by default in contracts covering a range of services other than but including indigent
defense, past Springfield RFP’s for Indigent Defense Services have included provisions entitled
“Comments Procedure”, permitting requests to expand, modify, or waive a particular specification or
condition. Such provision is noticeably absent from current RFP #3579.
By way of example, the above-referenced provision from City of Springfield 2018 RFP#1999 for Indigent
Defense Services, beginning at Page 10 of that document, read as follows:
Attachment 2
Page 29 of 34
Page 2 of 2
For purposes of preventing prejudice to and/or to avoid undue burden on one or more bidders, can such
provision, or similar language, be either implied within the context of current RFP, or alternatively, will
the City expressly add it by amendment?
Answer: Please refer to section XIII – Exceptions to Request for Proposal. This section
states: “If, for any reason, a Proposer should find fault with the structure of this Request
for Proposal or with the evaluation process, concerns may be submitted in writing to:
Jessica Mumme
City of Springfield Finance Department
225 Fifth Street
Springfield, OR 97477
purchasing@springfield-or.gov
The City will make every effort to answer questions, and, if warranted, to amend the
Request for Proposal. Responses to questions and amendments to the Proposal will be
posted on the Springfield website www.springfield-or.gov/city/finance/itbrfp and select
the document titled RFP# 3579 Indigent Defense Services. Proposers who are unable or
unwilling to meet any of the requirements of this Request for Proposal must include, as
part of their response, written exceptions to those requirements. Such request shall be
delivered on or before March 18, 2024, 2 p.m. PST.
In the event that it is necessary to further amend, revise or supplement any part this RFP, additional
addenda will be posted on the City’s website at http://www.springfield-or.gov (select CITY > Finance >
Purchasing and Contracts then RFP#XXX and name of project). As stated in the original solicitation, City
will make a reasonable effort to provide the addenda to all Proposers who asked to be on the Interested
Parties List. This addendum shall be considered part of the specification of the RFP. The City is not
responsible for any explanation, clarification, interpretation or approval made or given in any manner
except by written addenda issued by City.
ALL BIDDERS MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING AND DATING THIS
DOCUMENT AND INCLUDING IT AS PART OF THEIR SUBMITTAL PACKAGE.
Signature Date
Attachment 2
Page 30 of 34
Page 1 of 3
City of Springfield
March 22, 2024
Addendum #3 to RFP 3579 Indigent Defense Services
The City of Springfield is hereby amending the above-mentioned RFP. The original document can be found on
the City’s website at www.springfield-or.gov (select CITY > Finance > Purchasing and Contracts then RFP#
will be linked to the RFP/ITB page).
Question: RFP Section III, Paragraph 13, “References”: The request for a minimum of five (5)
references asks to be waived or modified.
Answer: At least two (2) references are required.
Question: RFP, Attachment 1, Paragraph (5)(b)(iii): The provision requires “Proposer, staff
and/or subcontractors [to] submit to Law Enforcement Data Systems (LEDS) required fingerprinting,
Criminal Justice Information Services (CJIS) document review and pass level one security test before
representing any City referrals.
1. With the expectation that all participating attorneys will submit Certificates of Good Standing from
the Oregon State Bar, and attorneys practicing in the Court, appointed or otherwise, not being
required in the past to obtain security clearances, the question has been raised whether this
requirement was included intentionally or inadvertently.
2. If intentional, does the City agree to either waive the requirement altogether, or suspend the
requirement until a successful bidder is announced to spare other attorneys and staff inevitable and
needless inconvenience and cost?
Answer: For escorted access to any secure areas of the building, the successful Proposer, staff and/or
subcontractors would not be required to submit to Law Enforcement Data Systems (LEDS) required
fingerprinting, Criminal Justice Information Services (CJIS) document review and pass level one security
test before representing any City referrals. For unescorted access to any of the secure areas of the
building, the successful Proposer, staff and/or subcontractors would need to submit to Law Enforcement
Data Systems (LEDS) required fingerprinting, Criminal Justice Information Services (CJIS) document
review and pass level one security test before representing any City referrals.
Question: Language in Attachment 2, Sample Contract, Section7, “Deliverables” The
referenced Section and its language and terms included under heading “Deliverables” has little to no
meaning in the context of the representation of indigent persons accused of criminal conduct. Will the
City exclude it from the Contract form, or alternatively, replace it with terms and conditions relating to
judicial proceedings and the practice of law, in order to simplify and eliminate confusion in the Awarded
Contract?
Section 8, “Contractor’s Representation” The language in Sections 8.2 and 8.3, are requested to
be negotiated.
Section 12.1, “General Insurance” The General Insurance requirements stated in the referenced
subsection, no less than $2,00,000 per occurrence, with annual aggregate limits of not less than
Attachment 2
Page 31 of 34
Page 2 of 3
$3,000,000, are, in light of the nature of services to be rendered, unduly burdensome, largely
unattainable, and arguably unnecessary. The Sample Contract is one which by its seemingly generic
provisions, is for use across a range of services and activities and appears to include a number of terms
and conditions by default. Services contemplated under the defense services contract include
consultation with, and the representation and defense of persons accused of crimes. They do not
however include more dangerous activities such as the transportation of persons by ambulance,
operation of trucks and heavy equipment on Main Street, or the use of power tools and equipment to
maintain facilities or grounds open to the public. The State of Oregon Office of Public Defense Services
establishes minimum insurance coverage limits for inclusion in contracts for indigent defense services in
all State of Oregon courts. The OPDS 2021 contract, at Section 7.3.5.1-General Liability Insurance
(Attached hereto as Exhibit 1), specifies that minimum general liability coverage for all persons or
entities providing services under contract shall be no less than $500,000.00. It can also be noted the
current Springfield indigent defense contract, and all predecessors to that agreement dating back to
2014, do and have adopted the OPDS requirements on this issue. Accordingly, this Proposer excepts to
the requirement stated in RFP #3579 and submits the terms of Section 12.1 should be amended in
accordance with the OPDS-mandated insurance provisions.
Section 12.1.2, “Automobile Liability Insurance” For reasons and arguments similar to those in
Section 12.1 above, the requirement of $1,000,000 auto insurance coverage is excessive, unduly
burdensome, and unnecessary. First, the use of vehicles in no way relates to the services to be provided
under the contract. Attorneys do not transport clients ever, nor otherwise operate vehicles as part of
their duty to represent indigent defendants. Secondly, as evident in the Office of Public Defense Services
contract (Exhibit 1), there is no similar requirement in state contracts for similar work. Finally, no similar
requirement can be found in the present or any prior City of Springfield defense services contract. For
the reasons stated, it askes to be waived.
Section 12.2.1, “Professional Liability” The section imposes the requirement that “Contractor []
maintain a professional liability insurance policy reflecting limits of not less than $2,000,000 for
professional acts, errors or omissions arising from the Work.” Said terms directly conflict with the
requirement articulated in RFP #3579, Attachment 1, “Scope of Work,” at Section 5(b)(iv) that
“Proposer must maintain Professional Liability Fund coverage minimum of $300,000 per attorney.” For
that reason as well as the practical reality that the $300,000 coverage amount is the minimum required
by OSBar for all active attorneys and the amount of coverage carried by most, Proposer excepts to the
language in Section 12.2.1 of the Sample Contract and requests that it be deleted.
Answer: This answer addresses the questions related to Deliverables, Contractor’s Representations
General, Automobile Liability and Professional Liability insurance.
Section IX of the RFP states that the successful Proposer will be expected to enter into a professional
services contract with the City and the contract provided is intended to provide an example. The RFP
also states that the City will negotiate a final contract with the successful proposer. The contract will
specify the extent of services to be rendered, the means and methods of providing the services, and the
amount of compensation. The City will negotiate contract terms relating to deliverables, contractor
representations and insurance that are consistent with judicial proceedings and the practice of law, the
Professional Liability Fund Insurance coverage amounts and Oregon tort claim law while ensuring the
successful proposer has the skills and knowledge to perform the work and is professionally competent
and duly licensed to perform the required services.
Attachment 2
Page 32 of 34
Page 3 of 3
In the event that it is necessary to further amend, revise or supplement any part this RFP, additional
addenda will be posted on the City’s website at http://www.springfield-or.gov (select CITY > Finance >
Purchasing and Contracts then RFP#XXX and name of project). As stated in the original solicitation, City
will make a reasonable effort to provide the addenda to all Proposers who asked to be on the Interested
Parties List. This addendum shall be considered part of the specification of the RFP. The City is not
responsible for any explanation, clarification, interpretation or approval made or given in any manner
except by written addenda issued by City.
ALL BIDDERS MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING AND DATING THIS
DOCUMENT AND INCLUDING IT AS PART OF THEIR SUBMITTAL PACKAGE.
Signature Date
Attachment 2
Page 33 of 34
Page 1 of 1
City of Springfield
March 22, 2024
Addendum #4 to RFP 3579 Indigent Defense Services
The City of Springfield is hereby amending the above-mentioned RFP. The original document can be found on
the City’s website at www.springfield-or.gov (select CITY > Finance > Purchasing and Contracts then RFP#
will be linked to the RFP/ITB page).
The City of Springfield is hereby amending the Schedule for Selection Process for RFP 3579 Indigent Defense
Services. All times listed are Pacific Standard Time (PST).
Original Date Revised Date (Addendum #4)
RFP Package Available February 28, 2024, 5 p.m. PST No change
Request for Clarification Due
(if applicable)
March 18, 2024, 2 p.m. PST No change
Solicitation Protest Due Same as request for clarification No change
Response to Clarification Due
(if applicable)
March 22, 2024, 2 p.m. PST No change
Proposals Due March 29, 2024, 2 p.m. PST April 12, 2024, 2 p.m. PST
Review & Interview (if applicable) Approximately 2 weeks after
proposals due
Approximately 2 weeks after
proposals due
Intent to Award Notice
(approximate)
April 19, 2024 May 10, 2024
Contract Award (approximate) May 3, 2024 May 24, 2024
In the event that it is necessary to further amend, revise or supplement any part this RFP, additional
addenda will be posted on the City’s website at http://www.springfield-or.gov (select CITY > Finance >
Purchasing and Contracts then RFP#XXX and name of project). As stated in the original solicitation, City
will make a reasonable effort to provide the addenda to all Proposers who asked to be on the Interested
Parties List. This addendum shall be considered part of the specification of the RFP. The City is not
responsible for any explanation, clarification, interpretation or approval made or given in any manner
except by written addenda issued by City.
ALL BIDDERS MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING AND DATING THIS
DOCUMENT AND INCLUDING IT AS PART OF THEIR SUBMITTAL PACKAGE.
Signature Date
Attachment 2
Page 34 of 34
McKENZIE DEFENSE - PROPOSAL RE RFP #3579 Page 1 of 45
Attachment 3
Page 1 of 53
McKENZIE DEFENSE - PROPOSAL RE RFP #3579 Page 2 of 45
Attachment 3
Page 2 of 53
Qualifications
McKenzie Defense is a Oregon non-profit corporation located in Eugene, Oregon,
organized to provide indigent defense services in Oregon courts. McKenzie Defense is the
current Springfield indigent defense services provider under the current contract, and intends to
carry over most of the attorneys, management, and administrative personnel under that contract.
McKenzie Defense is structured on the consortium model, with multiple independent attorneys
providing legal services under subcontract with the entity, and administration of McKenzie
Defense’s own contractual commitments centralized in a single location and staff.
Because McKenzie is not a law firm it may efficiently distribute conflict cases internally
amongst its attorneys, who maintain independence and autonomy in their respective practices,
without violating the Bar’s “firm unit” rule, which otherwise mandates the reassignment of cases
involving conflicts to outside counsel. At the same time, the centralization of administrative
functions affords the Court and other involved City offices a single-point of contact for most
business, including the initial assignment of cases, implementation or modification of
procedures, case and attorney tracking, quality control concerns, and payment and other financial
matters. Operational structure is designed to ensure that all business and court-related matters
are conducted with optimal efficiency, while providing defendant clients full, effective, and
timely counsel.
Mr. Quaranto is the present interim director of McKenzie Defense taking over from
Douglas E. Minger upon the later’s passing on March 19, 2024. Prior to Mr. Minger’s passing he
had begun to integrate Mr. Quaranto into the inner workings of McKenzie Defense. Mr.
Quaranto has been intimately involved in discussing with and advising Mr. Minger on the
approach to managing the case load, personal decisions and general business direction. They
worked closely together in this regard with weekly meetings to discuss court policies and legal
issues. Mr. Quaranto is the single point-of-contact for the proposed contract, and will be
responsible for decision-making and quality oversight, personnel decisions, and corrective action,
should it be necessary. Along with Mr. Quaranto’s role as interim director, he is presently
working in Springfield Municipal Court under subcontracts with McKenzie Defense, and has
been doing so since 2017.
In addition to Mr. Quaranto, McKenzie Defense currently subcontracts with another four
qualifying attorneys, all presently carrying substantial caseloads under the current Springfield
indigent defense contract, and all but one have committed to signing new agreements with
McKenzie Defense to continue that work under the proposed contract. McKenzie Defense will
be adding at least one more qualifying attorney, Kevin Swingdoff, to its roster of subcontractors
to meet demands of the upward-trending appointed-case numbers in the Court, and possibly a
second if awarded the contract to ensure it is able to fully perform that agreement while at the
same time not placing attorneys at risk of being overloaded with too many cases.
The other qualifying attorneys are Dustin Anderson, Lisette Spencer, James Kolstoe, and
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Kevin Swingdoff. Mr. Kolstoe and Ms. Spencer have represented indigent defendants in the
Springfield court for a combined total of 45 years, while Mr. Anderson is relatively new to
Springfield Municipal court but has been representing indigent defendants in Lane County since
2019. In the event that McKenzie Defense is awarded the contract, Mr. Swingdoff will bring 35
years plus of criminal defense experience to Springfield Municipal Court. Furthermore
McKenzie Defense will add additional attorneys if warranted by unanticipated increases in the
number of cases filed during the term of the contract or changes to the circumstances of
participating attorneys. If that occurs, McKenzie Defense will provide the City with notice of its
intent to do so in advance, together with documentation of attorney qualifications.
The current attorneys have been admitted to the Oregon State Bar for more than two years
and are members in good standing. All are experienced and qualified to continue representing
court-appointed defendants in the Springfield court, and committed to doing so effectively in
accordance with the standards established by the State Public Defense Commission, as well as
procedures and standards to be implemented by McKenzie Defense itself. The latter shall
include provisions for the assignment of responsibility by rotation for backup in the event of
emergency or illness, and for making timely initial contact with in-custody defendants where an
assigned attorney becomes unexpectedly unavailable. It should be noted however the latter
seldom occurs under the current procedures for case appointment, in which attorneys are required
to timely notify the McKenzie Defense administrator they are unavailable to take in-custody
appointments when they would be unable to make the required prompt contact with a client due
to an upcoming absence or other commitment.
The ability of McKenzie Defense attorneys to effectively and quickly discharge their
responsibilities is enhanced by relationships they have built over many years with principals and
staff in the Court, the City Prosecutor’s Office, and the Springfield Municipal Jail.
It is the intent of McKenzie Defense to routinely monitor the performance of both
personnel and procedures to ensure optimal achievement by both, and as may be necessary from
time to time, modify or refine such procedures in collaboration with court and prosecution staffs
when warranted, to best meet its goal of delivering effective and timely legal services to its
clients.
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Attorney and Staff
Resumes
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DUSTIN G. ANDERSON
2451 Willamette Street, Eugene, OR 97405 | 541.485.0323 | dga@dustinandersonlaw.com
WORK EXPERIENCE
Schulz Anderson, LLC Eugene, Oregon
December 2023 to Present
• Civil legal practice concentrating in landlord/tenant, real property, and estate planning and
probate matters.
Dustin G. Anderson, Attorney & Counselor at Law, LLC Eugene, Oregon
December 2017 to December 2023
• Court-appointed defense counsel at Cottage Grove Municipal Court.
• Court-appointed defense counsel at Florence Municipal Court.
Eckart Wostmann Wiese, LLC Eugene, Oregon
Independent Contractor May 2019 to Present
• Court-appointed defense counsel at Eugene Municipal Court.
• Manage cases through all phases of the judicial process from initial interviews with clients
and witnesses, preliminary hearings, arraignments, pre-trial proceedings, plea negotiations,
trials, and sentencing.
Lane County Circuit Court Eugene, Oregon
Judicial Clerk for the Honorable Josephine H. Moody March 2016 to September 2017
• Managed courtroom for both criminal and civil proceedings.
• Conducted extensive legal research and document review.
Lane County District Attorney’s Office Eugene, Oregon
Advanced Prosecution Clinic August 2014 to May 2015
• Represented the State of Oregon in court proceedings.
• Participated in three felony trials, one as first chair.
EDUCATION
University of Oregon School of Law Eugene, Oregon
Juris Doctor May 2015
Brigham Young University Provo, Utah
Bachelor of Arts in Political Science August 1996
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JAMES J. KOLSTOE
Attorney at Law
PO BOX 50463, Eugene, OR 97405
541 Willamette Street, Suite 208C
ph. 541-556-6373
Professional License
Member – Oregon State Bar
Education
Juris Doctor 1985: University of Oregon School of Law
Bachelor of Science 1979: University of Oregon (double major- Political Science, Dance)
Employment in Legal Positions
Work experience as Appointed Counsel in:
–Oregon Court of Appeals
–Lane County Circuit Court
–Douglas County Circuit Court
–Benton Count Circuit Court
–Jackson County Circuit Court
–Springfield Municipal Court
–Coburg Municipal Court
–Cottage Grove Municipal Court
–Florence Municipal Court
Present Employment: James J. Kolstoe, Attorney at Law
Sole practitioner handling trial and appellate matters from intake to final resolution. Attorney
member of McKenzie Defense Consortium since 2014, and on the Springfield Municipal Court's
attorney appointment list for over twenty years prior to that. I am presently on the appointment lists in
Coburg Municipal Court and Cottage Grove Municipal Court, and I am on the list at the Oregon State
Public Defenders Office to provide indigent defense services in other counties in conflict or other
circumstances in minor felony, civil commitment, habeas corpus, misdemeanor and contempt cases.
Work experience includes interviewing clients and witnesses, evaluation of client matters for
substantive and procedural issues, legal counsel of clients, preparing documents including pleadings,
motion, affidavits/declarations, proposed orders and judgments, memorandums of law and trial
memorandums, appellate briefs, correspondence, contracts, wills and other documents necessary to
clients cases. I have argued approximately 27 cases before the Oregon Court of Appeals. My current
case load is primarily criminal law,
I have worked as a Sole Practitioner attorney for approximately thirty-five years, handling
matters including major and minor felonies, misdemeanors, civil commitment (both mental illness
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James J. Kolstoe, Attorney at Law
Resume
Page 2
under ORS chp. 426 and Intellecually/Developementally Disabled under (ORS chp 427), habeas corpus
proceedings, domestic relations, contempt of court, bankruptcy, wills and estates, termination of
parental rights (appellate only), personal injury cases and business matters.
Administrative Law Judge – Office of Administrative Hearings
Administrative Law Judge assigned to hear and decide contested cases involving unemployment
insurance benefits. Duties included conducting telephonic hearings and providing each party a fair and
unbiased hearing, ruling on motions and objections as necessary, deciding all matters at issue in the
case, preparing and issuing a final written decision as to each case.
Henderson & Bromley
Attorney associate in general practice law firm, primarily handling trial level matters as
assigned by partners of firm. Additionally handled several appeals and conducted legal research for
partners. Duties included intake of new matters, evaluation of cases, counseling clients, conducting
investigations and legal research and analysis, preparing documents, conducting negotiations, preparing
and presenting clients' cases at trial and on appeal. Case load included contracts and business matters,
domestic relations, torts, bankruptcy and employment benefits matters.
Coos County District Attorneys' Office
Deputy District Attorney. Primary assignment was district court prosecuting misdemeanor
crimes, but covered in Circuit Court, Juvenile Court and Grand Jury as needed. Duties included
evaluating police reports to determine criminal charges, preparing, filing and prosecuting criminal
complaints, communicating with courts, police officers, witnesses and defense counsel, preparing and
presenting cases at trial, handling arraignments and sentencings, grand jury matters, juvenile court
appearances as needed and civil commitments as public interest attorney.
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16037 SW Upper Boones Ferry Road, PO Box 231935, Tigard, Oregon 97281-1935
(503) 620-0222 toll-free in Oregon (800) 452-8260 fax (503) 684-1366 ww.osbar.org
Certificate of Good Standing
State of Oregon )
) ss.
County of Washington )
I, Troy Wood, do hereby certify that I am Regulatory Counsel of the Oregon State Bar, and
have access to the official files and records of the Oregon State Bar.
The official files and records of the Oregon State Bar indicate:
JAMES J. KOLSTOE, BAR NO. 852586
was admitted to practice law in the State of Oregon by Examination and became an Active
member of the Oregon State Bar on September 20, 1985.
There are no grievances or disciplinary proceedings presently pending against this
member.
No disciplinary action has been taken against this member in the past by the Oregon
Supreme Court or the Oregon Disciplinary Board.
Mr. Kolstoe is an Active member of the Oregon State Bar in good standing, licensed and
entitled to practice law in all the courts of the State of Oregon.
DATED this 8th day of April, 2024.
____________________________________
Troy Wood
Regulatory Counsel
Oregon State Bar
*This certificate expires 60 days from the date of issuance*
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LA N CE D . QU A R A N T O P.C.
PO Box 5471 • Eugene, OR 97405
(541) 393-8485• lance.d.quaranto@gmail.com
EDUCATION
LL.M. in Environmental and Natural Resources Law June 2013
University of Oregon School of Law Eugene, OR
J.D. December 2011
Whittier Law School Costa Mesa, CA
B.A. in Political Science June 2007
University of California Los Angeles Los Angeles, CA
LICENSING
Oregon State Bar October 2013
United States District for the District of Columbia July 2020
WORK EXPERIENCE
Freedom of Information Act Eugene, OR
Attorney at Law January 2015
•Assisted attorney Daniel J. Stotter in over two dozen FOIA cases in both the Federal
District Court for the District of Columbia as well as the Federal District Court for the
Central District of California.
•Drafted numerous FOIA complaints and have assisted in drafting law memoranda,
declarations in support of those memoranda, as well as motions and orders in furtherance of
FOIA litigation
•Conducted significant legal research into FOIA legislative history as well as past and
current case law.
Quaranto & Associates LLC Eugene, OR
Attorney at Law October 2013-Present
•Conduct both criminal and civil trials in both State and Municipal Courts in Oregon.
•Investigate client case’s, including gathering evidence and conducting witness interviews.
•Represent clients at arraignment, preliminary hearing, pretrial motions and trial.
•Prepare pleadings and other legal documents in connection with trials, hearings and other legal proceedings.
•Negotiate plea agreements with prosecution where appropriate.
•Assist clients in post-conviction matters such as diversion classes, probation and expungement.
•Extensive experience working with non-native English speaking clients.
•Participate in management and administration of firm business.
Court Appointed Counsel for the City of Eugene Eugene, OR
Attorney at Law March 2017-Present
Court Appointed Counsel for the City of Springfield Springfield, OR
Attorney at Law January 2017-Present
Court Appointed Counsel for the City of Oregon City Oregon City, OR
Attorney at Law July 2021 -- Present
Court Appointed Counsel for the City of Florence Florence, OR
Attorney at Law January 2015–Present
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16037 SW Upper Boones Ferry Road, PO Box 231935, Tigard, Oregon 97281-1935
(503) 620-0222 toll-free in Oregon (800) 452-8260 fax (503) 684-1366 ww.osbar.org
Certificate of Good Standing
State of Oregon )
) ss.
County of Washington )
I, Troy Wood, do hereby certify that I am Regulatory Counsel of the Oregon State Bar, and
have access to the official files and records of the Oregon State Bar.
The official files and records of the Oregon State Bar indicate:
LANCE D. QUARANTO, BAR NO. 134634
was admitted to practice law in the State of Oregon by Examination and became an Active
member of the Oregon State Bar on October 10, 2013.
There are no grievances or disciplinary proceedings presently pending against this
member.
No disciplinary action has been taken against this member in the past by the Oregon
Supreme Court or the Oregon Disciplinary Board.
Mr. Quaranto is an Active member of the Oregon State Bar in good standing, licensed and
entitled to practice law in all the courts of the State of Oregon.
DATED this 14th day of March, 2024.
____________________________________
Troy Wood
Regulatory Counsel
Oregon State Bar
*This certificate expires 60 days from the date of issuance*
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Education
Willamette University College of Law
Salem, Oregon Juris Doctorate
Top 25% of class – Fall Semester, 1994
Top 1/3 of class – Spring Semester, 1996
Quarter-Finalist – Moot Court competition for all first-year students
Professional Affiliations and Licenses
Licensed to practice law in Oregon beginning in 1996
Member, Oregon State Bar Association
Oregon State Bar Criminal Law and Family Law sections
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16037 SW Upper Boones Ferry Road, PO Box 231935, Tigard, Oregon 97281-1935
(503) 620-0222 toll-free in Oregon (800) 452-8260 fax (503) 684-1366 ww.osbar.org
Certificate of Good Standing
State of Oregon )
) ss.
County of Washington )
I, Troy Wood, do hereby certify that I am Regulatory Counsel of the Oregon State Bar, and
have access to the official files and records of the Oregon State Bar.
The official files and records of the Oregon State Bar indicate:
LISETTE M. SPENCER, BAR NO. 963398
was admitted to practice law in the State of Oregon by Examination and became an Active
member of the Oregon State Bar on September 20, 1996.
There are no grievances or disciplinary proceedings presently pending against this
member.
No disciplinary action has been taken against this member in the past by the Oregon
Supreme Court or the Oregon Disciplinary Board.
Ms. Spencer is an Active member of the Oregon State Bar in good standing, licensed and
entitled to practice law in all the courts of the State of Oregon.
DATED this 12th day of March, 2024.
____________________________________
Troy Wood
Regulatory Counsel
Oregon State Bar
*This certificate expires 60 days from the date of issuance*
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Leya Perry
Eugene, OR 97402
leyareye@gmail.com
+1 541 636 6751
I am a very driven and hard working individual. With multiple years of customer service experience,
office work, and patient services experience
Authorized to work in the US for any employer
Work Experience
Office Assistant/Receptionist
McKenzie defense - Eugene, OR
May 2022 to Present
1. Work between the court, prosecutors office and defense attorneys
2. Assign attorneys to various cases
3. Answer phones
Patient Access Representative
G Street Integrated Health - Eugene, OR
July 2021 to February 2022
1. Take patient calls
2. Check patients in
3. Check patients out
4. Schedule future appointments
5. Handle medication calls
6. Check and handle insurance
Patient Access Representative
Slocum Orthopedics - Eugene, OR
January 2021 to July 2021
1. Direct patients on where to go when entering the building
2. Check in patients
3. Change insurance information
4. Reach out to insurance/ workers compensation companies
5. Handle copays and other payments to account.
Bartender/Server shift lead
Round One Entertainment, Inc. - Eugene, OR
January 2020 to January 2021
1. Run the bar
2. Occasionally hop on the food side and take orders, prepare, and hand out food
3. Lead position on closing shift for food and bar
4. Do daily till counts at 6pm and 10pm
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Rehab support staff specialist
Willamette Family Treatment Services - Eugene, OR
October 2018 to September 2019
1. Answer and direct phone calls
2. Knowledgeable in patient confidentiality
3. Medication handling
4. Diffuse situations either with clients fighting or client having a break down
5. Create drive schedule and visitors schedule
6. Certified in first aid and mental health first aid
Scanner
Cascade Title Company - Eugene, OR
February 2016 to July 2018
1. Scan and transfer escrow files onto the computer system
2. Fill in positions: pulling and scanning records for title department
3. Deliver statements and checks to other companies
4. Help with escrow policies
5. Manage and organize files and records
Guest service manager
McDonald's - Eugene, OR
June 2012 to July 2015
1. Greeted customers entering the store to ascertain what each customer wanted or needed.
2. Politely assisted customers in person and via telephone
3. Assisted customers with food selection, inquiries and order customization requests.
4. Count the opening and closing deposits
Education
associate's in criminal justice
Pioneer Pacific College
Skills
•ESCROW (2 years)
•Records management (3 years)
•Customer Service (10+ years)
•Guest Service (4 years)
•Medication Administration (1 year)
•Microsoft word (2 years)
•Bartending
•POS
•Serving Experience
•Cash Handling
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•Office Administration
•Insurance Verification (1 year)
•Medical Billing (1 year)
•EMR Systems
•Multi-line phone systems (2 years)
Certifications and Licenses
Mental Health First Aid
May 2019 to May 2022
Certified to help with any mental health crisis
Oregon liquor license
February 2020 to February 2025
CPR/First Aid
October 2021 to October 2024
Assessments
Customer service — Proficient
July 2021
Identifying and resolving common customer issues
Full results: Proficient
Indeed Assessments provides skills tests that are not indicative of a license or certification, or continued
development in any professional field.
Additional Information
- organizational skills
-maintaining records of escrow files
- escrow policies
-scanning/ file management and record keeping
-medication handling
- schedule making
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5. Approach - The proposal should set forth a work plan, including an explanation of the
methodology to be followed, to perform the services required in this request for proposal.
a. How Proposer will ensure effective legal representation
Overview: McKenzie Defense offers services by seasoned attorneys with over 100 years
of combined experience representing clients on misdemeanor charges. Its operating model is
that of a consortium of individual attorneys working under subcontract with the entity.
Misdemeanor Experience/Case Coverage: McKenzie Defense presently subcontracts
with five attorneys with extensive experience in misdemeanor representation whose sole
responsibilities under those agreements are providing indigent defense services under the current
Springfield contract. All but one of the attorneys have already committed to continue
representing indigent defendants by appointment in that Court under subcontract with McKenzie
Defense in 2024 with comparable caseloads to those they have carried this year and in the past.
In order to ensure adequate coverage in response to the upward trending annual case count in the
Springfield Court McKenzie Defense has already been in contact with another attorney, Kevin
Swingdoff, who has agreed to take on cases in Springfield Municipal Court. McKenzie Defense
also has an ongoing search for attorneys meeting both its own and the City’s requirements and
standards for experience and competence. It is anticipated that new attorneys will provide
additional coverage for periods of high-volume or unforeseen attorney unavailability.
Available Support Staff: While all participating attorneys practice independently of each
other and in separate locations in Springfield and Eugene, all administrative operations, including
case assignments and initial contact with the Court and Prosecutor in each case are centralized in
a single administrative office staffed during regular business hours by an experienced and
qualified Office Administrator whose sole job is the administration of McKenzie Defense
business. In addition to her experience as a paralegal in the past, she has spent the last 10 years
implementing all procedures and performing all administrative functions related to Springfield
indigent defense work under the current contract. Due to the increasing case count in the Court,
McKenzie has brought on a second qualified individual to assist and back up its Administrator
during periods of high-volume or leaves of absence, and to otherwise provide support as needed.
Caseload Per Attorney:
Three of the four planned participating attorneys presently carry Springfield caseloads
making up over fifty percent of their annual practice. These include attorneys Quaranto, Spencer,
and Kolstoe. Springfield makes up twenty five percent of Dustin Anderson’s caseload. It is
expected each attorney along with new to McKenzie Defense attorney Kevin Swingdoff shall
make up fifty percent of his caseload. McKenzie Defense will monitor its attorney’s caseloads to
ensure that they are not overloaded and that they are meeting their obligations to their clients and
to the court. Caseloads are to be reported monthly to the Administrator that she may monitor
caseloads as well, and reduce the number of cases assigned to a particular attorney if they appear
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to not be keeping up with their obligations.. As stated elsewhere in this Proposal, McKenzie
will add new attorneys in the foreseeable future, in part to ensure its capacity from a personnel
standpoint to cover all cases assigned under the contract without attorneys running afoul of their
ethical obligations.
b. Describe current caseload and plan for incorporating Springfield Municipal
Court caseload:
At this time McKenzie Defense, has no caseload other than that assumed under the
current contract to provide indigent defense services in Springfield Municipal Court. If awarded
the contract McKenzie Defense will continue operations as it has in the past by accepting
appointed cases from the Court and assigning them to attorneys. There is therefore no need for
special steps or changes to incorporate new Springfield cases.
The attorneys and staff will hold meetings periodically to review operations to ensure the
timely, effective and efficient delivery of legal services. The group will work diligently to
maintain already-established working relationships with Springfield Municipal Court judges,
staff, prosecutors, city and county law enforcement agencies and the administrative staff of the
City. Management will continue to communicate with Court staff on an ongoing basis to
identify any glitches or problems encountered on either side of that relationship and resolve such
issues.
c. How Proposer will incorporate other law practice obligations [with] the workload
responsibilities of the City, and what kind of priority Court appointments will be given in
relationship to other contracts and obligations of an attorney:
As described in the preceding response to Requirement 5(b), Proposer McKenzie Defense
has no other obligations or priorities than those assumed under the current Springfield contract or
to be assumed under the proposed contract. The Proposer itself therefore has no scheduling
conflicts or steps that need to be taken. So far as the obligations of an attorney, subcontractor
attorneys are expected to give priority to all Springfield cases assigned to them as a condition of
their contractual relationship with McKenzie Defense. While not a frequent occurrence, our
attorneys cooperate and assist each others by covering on appearances when unforeseen
circumstances or unusually burdensome outside obligations, such as trial in another court, arise.
d. How Proposer will assign cases to attorneys after arraignment and maintain
client/attorney assignment through disposition:
At present, Administrator receives a notification of appointment for each case via email
from Springfield Court staff. Notifications consist of a letter of appointment, the citation(s) or
complaint(s) in the case, and in show cause cases any show cause orders and/or other relevant
documents or information. The letter of appointment contains the defendant name and contact
information when known, a list of charges with docket and police case numbers for each charge,
the current trial or appearance date and time, and notice whether the defendant is presently in
custody and if so where. Where a defendant does not speak English that is also noted. Once our
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Administrator receives a notification she enters all information for each defendant into a master
spreadsheet, and designates an attorney for the case based on the goal of distributing the cases on
as close to equal basis as possible. The name of the designated attorney is added to the database
entry for each defendant.
Currently McKenzie Defense assigns an attorney to the incustody arraignment docket
which begins at 1:00 PM each business day. The attorney making that appearance is informed of
which defendant is on that docket prior to coming to court that day and which attorney is
assigned (if the person is coming into custody on warrants) or going to be assigned. If the person
is already represented by one of our attorney’s it is standard procedure to let the court and
defendant know that there is an attorney assigned so that the Defendant can speak with somebody
they have already been working with. This decreases the chances of confusion as well as
duplicate work and provides a better representation to the client. However if the case is for
arraignment and the individual is not already working with an attorney it is appropriate for
judicial economy but within the ethical limits of our representation to be open to resolving the
case at that time. It is often the case that there are plea offers from the City that would see the
case completed that day and not require future appearances. If this can be accomplished the
attorney making the appearance would then be assigned in court to that person and the case
would be resolved. If that cannot be accomplished then the case would be distributed out to the
attorney it was intended to go to. The above process for in custody arraignment docket can help
with judicial economy and can resolve a case more efficiently which can often be to both court
and to the Defendant’s benefit.
If awarded the contract McKenzie Defense in conjunction with the prosecutor’s office
and court staff would look to implement a similar program for out of custody arraignments as
well. The out of custody arraignments currently take place at 1:30 directly after the in custody
arraignments. However at present an attorney is not assigned to that docket. If awarded the
contract it would be McKenzie Defense’s preference to implement a similar process to the out of
custody arraignments that is presently utilized for the in custody arraignments. The attorney
assigned at the arraignments could be utilized to ascertain whether the case could be resolved
right then and there or if more time is necessary. Beyond the benefit to the court of resolving a
matter sooner, some of the benefits of being able to resolve cases at the out of custody
arraignment docket to the Defendants include timely dealing with a case, getting re-referrals to
treatment / road crew /setting up new payment plans or that the client may be going into custody
in a different jurisdiction. Many of our current clients are unhoused and only have sporadic cell
phone or internet service and getting to court may have been an ordeal in and of itself and it only
makes sense to try to help them when they are already in court instead of telling them to come
back.
Once the in and out of custody arraignments are complete emails for each case are then
sent to attorneys notifying them of the appointments with all attachments from the Court
included, and indication in the subject line whether or not the defendant is in custody. Those
emails are copied to the Court, thereby informing it which attorney has been appointed in each
case. Immediately upon completion of the above-described steps for a new batch of
appointments, Administrator compiles a summary of all newly-appointed cases containing the
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name of each defendant and the name of the designated attorney and emails it to City Prosecutor
staff to facilitate its distribution of discovery and when applicable in the case an offer, to the
appointed attorney by email.
Once notification of an appointment is received by the individual attorney its
management and resolution becomes the sole responsibility of that attorney through its
disposition except where withdrawal or substitution of an attorney becomes necessary due to the
existence of a conflict or when a defendant opts to retain a private attorney. In the case of
conflicts it is the responsibility of the appointed attorney to notify Administrator of the conflict,
at which time the procedures described in Paragraph 4.f. for the appointment of a new attorney
are triggered.
e. How Proposer will coordinate staff and attorney absences to provide adequate
coverage of all court sessions:
Current practice, to be continued under the proposed contract, attorneys are assigned to
specific dockets where in all cases assigned to them are to be handled. With the changes brought
about by the pandemic attorneys have been able to access the court through in person, virtual and
telephone appearances and minimize absences. Attorney’s currently working with McKenzie
Defense generally do not take off much time but when they do they are responsible for covering
their dockets through early resolution of the case or when necessary filing a continuance after
determining the position of the City Prosecutor on postponement. In virtually all such instances
there is no objection by the Prosecutor and the motion is granted by the Court, with a new
appearance date set. In instances where a matter is continued beyond the original trial or
appearance date, attorneys work with the Court and staff to re-set the matter to a date which
works for both the attorney and court.
As for the everyday dockets which includes in custody arraignments and the soon to be
implemented out of custody arraignments attorneys are scheduled a month in advance and thus
absences are rare. In the occasion where an attorney cannot appear one of the other members of
the consortium can appear on that attorney’s behalf. On the rare occasion unanticipated
circumstances result in attorney unavailability other attorneys most often are able and willing to
cover the appearance when asked to do so. In addition, McKenzie Defense has management
personnel available by phone in the event of last-minute unanticipated absences or other matters
requiring immediate attention.
f. How Proposer will track, identify and notify court of any conflict of interest and
plan for absorbing conflict of interest cases, such as with subcontractor attorneys.
Proposer must demonstrate plan for managing conflict of interest cases. Plan must include
a detailed explanation of how ethical conflicts for an individual attorney and conflicts for
the firm are identified and traced.
McKenzie Defense’s consortium model is particularly suited to resolving conflicts of
interest in cases as each of the participating attorneys function as a separate law firm and
accordingly, no conflict of interest occurs merely because of the existence of co-defendants in a
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police case. Each of the co-defendants are assigned a separate attorney when the case is sent to
McKenzie Defense by the Court. Because they are separate entities, participating McKenzie
Defense attorneys are not limited by each other’s conflict lists. Thus, court operations benefit
from having a central contact point for organizational and administrative functions, without
having the limitations and complications arising when dealing with a single law firm. Such
complications may include the need for motions to, or additional appearances before the Court to
address related issues, and in some cases the need to contract with additional attorneys or firms
for the specific purpose of handling conflicts.
Where an ethical conflict is discovered or arises later in a case, the consortium model
allows its internal resolution by re-assignment of the case to another participating consortium
attorney. The attorney discovering the conflict contacts McKenzie Defense’s Administrator to
arrange for substitution of new counsel. A stipulated order for substitution of counsel is prepared,
signed by the original and substituting attorneys, and forwarded to the court for signature by a
judge. Once so approved by the court, McKenzie Defense emails formal notification of the new
appointment to the Court, the new attorney, the City Prosecutor, and, if email is available, the
defendant. A new initial contact letter providing the name of the new attorney, with contact
information, is also mailed to the client.
It is the responsibility of each attorney to track conflicts specific to their own practice.
Unlike civil practice, however, in which one of the most frequently occurring conflicts is the
representation of a current client against a former client or the interests of a former client, and in
some instances the interests of the attorney themself, criminal practitioners need in most cases
concern themselves with far fewer conflicts arising from past representation. Nonetheless, each
attorney maintains a database of past clients and cases and routinely searches it to ensure no such
conflicts exist on their receipt of new appointments. A more frequently occurring conflict in
criminal practice, and one which cannot be tracked, is the representation of co-defendants by a
single attorney. While such conflicts are seldom evident in the preliminary appointment
documents received from the Court, participating attorneys may learn of them in their initial
consultation with one of the defendants, and in other cases by review of police reports and other
discovery when it is received from the City Prosecutor. In the rarely occurring instance an
attorney learns (1) co-defendants are involved, and (2) they have been appointed to both, the
attorney must immediately notify McKenzie Defense and initiate the above-described procedures
for substitution in one or both cases.
Another type of conflict which arises from time to time in criminal defense work, also
insusceptible to tracking, is best summarized as deterioration of the attorney-client relationship to
an extent effective representation by the attorney has become extraordinarily difficult, if not
impossible. This could occur when a client is uncommunicative, uncooperative or hostile to the
extreme, or when a basic personality clash between attorney and client escalates to a degree they
are simply not able to effectively talk to each other. Fortunately this occurs very rarely. When it
does, it can be resolved in most cases by implementing the substitution procedures described
above, though when the development of the case and time of representation are well advanced it
would be one of the few instances in which withdrawal by the attorney and the appointment of a
new attorney could require that a motion be filed or an appearance before the Court.
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Concerning any question of conflicts involving Proposer McKenzie Defense itself, there
are none as the entity does not represent clients and instead merely serves as the focal point and
hub for the assignment and coordination of cases to the independent attorneys.
g. How Proposer will schedule interviews with both in-custody and out-of-custody
clients, and the timeline Proposer expects to follow in relation to both.*******
While the following procedures to ensure interviews and/or meetings are promptly
scheduled with in-custody and out-of-custody clients have been in place and refined over the
course of the current contract and will be continued, it is intended they will be reviewed with all
attorneys in upcoming months, both to reinforce their importance in every case, and to go over
changes determined to be necessary.
Out-of-Custody Clients:
One of the issues with the present contract is that there is not an attorney present at the
out of custody arraignments. As mentioned in section (f) above this can be advantageous to the
clients and the court for efficient resolution however it can also have the benefit of establishing
communication with a client and ascertain what there living situation is, what their legal needs
might be or if there is an immediate issue that needs to be addressed. The attorney handling the
arraignment docket would be able to discuss with the client who their attorney is going to be and
how best to begin the handling of their case.
The process would be similar to our current model the only difference being that initial
contact with the client. The current process and the process we propose to use is that within a
few hours of receiving new appointments by email from the Court, our Administrator designates
an attorney for each case then emails notices of those appointments to the attorney, the Court and
the Prosecutor’s staff, after which she prepares and mails first contact letters to all new clients.
The letters contain the name of and contact information for the appointed attorney, and instructs
the client to contact the attorney within 7 days.
A Spanish version of the letter is sent to clients which the Court identifies in the initial
appointment documents as Spanish-speaking only, with a large notation that if an interpreter is
necessary the client should contact one of those listed to arrange an appointment with the
attorney. When the client contacts their attorney as instructed ensuing phone conferences may
run 30 minutes or longer, and are often all that is necessary to resolve a case. When more is
required, or when a client has difficulty understanding, further phone conferences or a meeting
are scheduled at a mutually agreeable time. When a client is unable to reach the attorney and
leaves a message instead, the attorney is required to return the call within 3 to 4 business days,
but preferably within 24 hours. These requirements are ineffective though when clients never
call, or when an attorney attempts to make contact when that happens and finds the phone
disconnected or never answered, as often occurs. When it does it is impossible to schedule
interviews or conduct phone conferences in advance, in which case attorneys make every effort
to confer with such clients outside the courtroom in the event they show up at the time set for
their appearance, and if possible resolve the case, or determine if it needs to be continued for
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trial.
Attorneys are responsible for arranging appointments or phone conferences with clients,
and are encouraged to set a regular time when they may be reached by phone for contact by
homeless or other individuals without regular phone service. Clients who encounter difficulty
reaching the appointed attorney may call the McKenzie Defense office for assistance in making
contact. The office also has access to a meeting room which is ADA compatible, as are the
meeting rooms at the courthouse. The latter are sometimes also used by attorneys to meet with
clients having little range of travel and for who it is difficult to get to Eugene.
In-Custody Clients: The appointment of attorneys in in-custody cases is given priority in
time, and the email from McKenzie Defense notifying an attorney of the appointment states in
the subject line the client is in-custody. When notified of an appointment to represent a client in
custody at the Springfield or Lane County Jails, an attorney is required to make ever effort to
meet and confer with the client within 24 hours, and in no case more than 48, not counting
holidays or other days on which the respective facilities do not permit attorney visits. In the
occasional case where a client is incarcerated in a state correctional facility, the initial contact
letter is sent to them at the given location and attorneys follow up by scheduling a confidential
phone conference with the client through communications with a designated staff person, most
often a prison librarian.
h. How Proposer will provide monthly statistical data to court:
McKenzie Defense will continue procedures under the proposed contract developed over
the course of the current contract in which the Administrator works with the Court to provide
data on monthly case appointments, case count, attorney caseload, and case dispositions for each
month. Case count and disposition data is obtained at the end of each month by the
Administrator through her access to case and client spreadsheets maintained by each attorney.
The Administrator compiles all data into a monthly master spreadsheet in a format compatible
with Court and City systems and forwards it to the Court. Any orders obtained from the Court
over the course of that month preauthorizing extraordinary expenses are sent to the service
provider and a copy attached to the monthly billing invoice. It should be noted that while
McKenzie Defense does not compensate participating attorneys on an hourly basis, estimated
hours are entered in the spreadsheets by attorneys for each case and included in the statistical
data provided to the City under the agreement. It is anticipated that particular practice would
also continue under the proposed contract.
i. Describe what Proposer needs to do to be ready and able to begin services on the
proposed contract effective date:
Due to the ongoing performance of the current Springfield contract, beginning services
under the proposed contract on its effective date of July 1, 2024, will for the most part be a
matter of “business as usual.” All currently participating attorneys are established in their
respective office spaces, equipped with all necessary office equipment and systems, and entirely
familiar with Court and McKenzie Defense staff, systems, procedures, and requirements. Once
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award of the contract has been announced a meeting of all attorneys will be held to refresh them
on such procedures and requirements, and update them on any new information pertaining to
their responsibilities or changes under the proposed contract. Other than that, they need only to
execute new subcontracts with McKenzie Defense, and submit any certificates and/or
verifications required by the Court in addition to those submitted with this proposal.
j. Describe experience in assisting non-English speaking clients. Provide list of
bilingual attorneys and administrative staff:
The most common non-English language of Springfield court-appointed defendants is
Spanish. Under current practice, to be continued under the proposed contract, when McKenzie
is notified by the Court a defendant speaks Spanish only it mails an initial contact letter in
Spanish providing the client the name of their appointed attorney, and advising them to contact
the attorney within 7 days. A copy of that letter is also provided to the client by the appointed
attorney during their initial meeting if they are in custody at the time.
Presently some of our McKenzie Defense attorneys have assistants that are bilingual in
both Spanish and English and some of our other attorney’s that have access to in house
interpreter services that allow for efficient and cost effective translation.
Non native English speaking clients are appointed to all attorneys and each attorney has
there own methodology for communicating with there respective clients. In the event the
attorney has a need for an interpreter they have access to a list of Court-approved interpreters to
contact for assistance. However with the advent of new technologies, many communications can
now take place via email using translating software. When working with individuals who lack
email or have limited literacy other options are available such as language line or in person
translations. It is incumbent upon the attorney who is assigned to the case to inform the court of a
need for a translator and scheduling a special appearance (i.e. not on the attorney’s usual docket)
for meeting with client and the translator. If the language is outside of Spanish, language line is
the most usual method for communication given the cost and availability of approved interpreter.
In the event a client speaks a language other than Spanish (e.g. Russian, Cambodian,
Filipino, Sign language, etc.) the attorney shall contact the Court which has access to and will
arrange for the required interpreter to assist.
k. Describe experiences working with court and staff on issues relating to case
management and court procedures:
McKenzie Defense attorneys and staff interact with court and staff on an almost daily
basis due to their integral role in court operations over the course of the current contract. Over
that time participants on both sides have developed working relationships, and a knowledge of
who to contact when issues or concerns arise, depending on the nature of the concern.
McKenzie Defense attorneys confer with judges and staff routinely when informed of an
issue concerning procedures or occasionally an individual case or attorney, or when they
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themselves become aware of such issues. Similar working relationships and familiarity exist with
the current City Prosecutor’s office and staff. Since the untimely passing of Douglas E. Minger
and even prior to that Interim Director Lance D. Quaranto has had multiple discussions and
meetings with the presiding judge, mental health workers, prosecutors, and jail staff to explore
achievable options for more appropriately resolving cases and providing effective and just
representation of defendant’s in the court.
In the majority of cases, though, contacts are primarily with the Prosecutor and staff
regarding discovery issues and the negotiation of case resolution, with little interaction with the
Court needed due to its well-established case docketing and management procedures with which
all attorneys are well-acquainted. Everyday communications generally revolve around
calendaring, generation of appropriate court documents and status updates regarding cases such
as changes of plea or contact issues with clients.
It is the current practice of the participating attorneys to notify court staff in advance of
the appearance date in a case the anticipated nature of its resolution, and required to give notice
at least 21 days in advance of trial date when a case will be tried to a jury. Status updates are
normally made through phone calls or emails to staff. Other contacts may involve scheduling
issues, and requests for any recent contact information to transient clients, inquiries about the
prior release date or whether bail was posted in a case. Much of this information is also available
through Tyler Case Management software which all present attorney’s have access to. These are
some of the ongoing daily matters routinely handled by all participants on both sides.
l. Proposer’s policy for responding to all client contacts (including jail kites),
including the length of time within which a response must occur.
Policies and practices regarding client contacts, while firm, depend somewhat on the
stage of the relationship and nature of the client
Concurrent with the appointment of an attorney in a case, McKenzie Defense initiates
contact in a standardized letter to the defendant at the address provided by the Court, notifying
them of the name and contact information of their attorney, advising them of and instructing
them on basic rights, and instructing them to contact the attorney within 7 days. If contacted by
an out-of-custody defendant and the client is unable to reach the attorney and leaves voicemail,
the attorney is required to return the call within “a reasonable time,” but preferably within 24
hours. Once actual contact occurs, whether in the form of a consultation regarding issues in the
case itself and options for its resolution, or a brief exchange to arrange a meeting, the urgency of
subsequent responses and contact depends much on the stage and posture of the case.
Nonetheless, McKenzie Defense will be preparing a written statement of policy to remind its
attorneys and stress the importance of the requirement that they attempt to return initial contact
calls in timely fashion and make every reasonable effort to follow up quickly on subsequent calls.
In the case of an in-custody defendant the requirements are more clear-cut. Under current
practice attorneys are required to make every effort to meet with clients held in the Springfield or
Lane County jails within 24 hours or one business day of the their appointment to the case, and in
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no instance more than 48 hours or two business days. This policy has been made more simple
and efficient with the use of telephone access to both jails. Due to the nature of being
incarcerated, Defendant’s are often left with a sense of unease about what is going on with their
respective cases and McKenzie Defense attorney will continue to endeavor to keep them up to
date as much as possible whether it be simply a phone call letting the client know what the plea
offer is, that discovery may be pending or that there are ongoing negotiations with the City.
Springfield Municipal Court is unique in that it has a municipal jail. Bond is usually
imposed for individuals who have previously failed to appear or have offenses that warrant being
held in custody. With that being said, these individuals are often resolving their case in custody
which means quick and efficient communication is paramount to good representation. McKenzie
Defense and its attorneys are dedicated to quickly contacting defendant’s in-custody to assist
defendants in resolving their cases.
The policy is essentially the same when jail kites are received, but its application is less
certain. In the case of a kite from a defendant requesting a visit from their attorney, it is not
uncommon due to time required for the kite to get from the jail to the Court and from the Court
to the attorney, for the attorney to have already met with the defendant a day or more earlier. It
is also not uncommon for some defendants to complain incessantly they have yet to see an
attorney when in fact they have already met once or more, and often, already agreed to settle their
case on the terms offered by the Prosecutor and are only waiting for their appearance and release
date. It is imperative in other cases, however, that a response be immediate or close to it,
particularly where the kite concerns an emergency especially if there is a known or suspected
mental health issue.
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Requirement 6 – Cost Proposal: Provide a detailed cost proposal based on the Scope of
Work outlined in Attachment 1 – Scope of Work. Proposer may submit a flat annual cost
proposal based on the annual average caseload defined in Attachment 1 Scope of Work.
McKenzie Defense tenders the following proposal in Paragraph A for payment of cost
based on a flat annual amount to be paid in equal monthly installments over the course of the
year for payment of attorney representation of indigent defendants appointed on cases in the
course of that fiscal year.
Flat Annual Amount for Court-Appointed Cases:
Pursuant to the Scope of Work specifications and terms stated in RFP#3579, McKenzie
Defense proposes a flat annual payment of Four Hundred and Forty Thousand dollars ($440,000)
for the projected caseload of three thousand (3000) non-ISC or Diversion Court appointed cases,
to include those deemed show cause matters and failed DUII Diversion.
Termination or Substitution Effect:
If the Contract is not renewed or is otherwise terminated, representation in appointed
cases shall continue for a period of 60 days during which time the matters may be resolved by
McKenzie Defense. For any matters not otherwise closed within the 60 day period, an alternate
provider shall be substituted by the Court.
Payment of Extraordinary Expenses:
This proposal does not include an assumption of responsibility for billing extraordinary
court pre-approved case expenses and subsequent disbursement to the outside non-attorney
provider. McKenzie Defense would agree however to forward all orders for extraordinary
expense and maintain and regularly provide basic tracking information
Savings to the Court in Reduced Administrative Expenses:
The consortium model retained by McKenzie Defense saves the City, the Court and staff
time and financial resources by its prompt internal resolution where conflicts of interest mandate
withdrawal by an attorney, thereby eliminating the need in most cases for judicial involvement
As a result, additional savings in the Court’s time would occur by eliminating the requirement of
filings and appearances in most cases involving conflicts where they would otherwise be
necessary. Instead MD would merely file Substitutions of Attorney and concurrently notify
defendants in such cases of the appointment of a new attorney as has been its practice under the
current contract. In addition, internal handling of conflicts by McKenzie Defense spares the City
the need to enter additional contracts with other law firms or independent attorneys to assume
representation where conflicts exist. In summary, MD’s form of operation offers inherent
advantages over a single law firm from the standpoint of conflicts. In addition, the inherent
advantages of a seamless continuation to the proposed contract by the current provider rather
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than the disruptions and delays inevitable in a transition to a completely new provider would
pose significant costs to the City in terms of court and staff time, and related financial expense.
.
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Requirement 7–Knowledge and Experience: Provide experience in comparable municipal
court setting processing misdemeanor cases. If applicable, list experience specific to
Springfield Municipal Court, local laws, and sanctions. (Provide experience level for each
attorney.)
All currently participating attorneys are experienced in comparable municipal court
settings processing misdemeanor cases, including the trial of cases, hearings on probation
violations and diversion terminations, communications with clients both in and out of custody,
impaired client issues, settlement negotiations, and case handling generally. More importantly,
all have substantial experience, most of them extensive, in Springfield Municipal Court.
Accordingly, all are well-schooled in the Springfield court’s current procedural requirements and
protocol. At the same time most have long-established working relationships with key personnel
throughout the Justice Center, including judges and court staff, prosecuting attorneys and their
staff, and law enforcement and jail personnel, all contributing to more orderly case handling and
as seamless a transition on July 1, 2024 as is possible.
Experience levels for all current and future attorneys are detailed in the following table:
Attorney Muni Court
Experience
Springfield Muni
Court Experience
Misdemeanors
Dustin Anderson 7 years .5 years 7 years
James Kolstoe 33 years 33 years 1 year - DA
32 years defense
Lance Quaranto 10 years 8 years 10 years
Lisette Spencer 10 years 9 years 1 ½ years - DA
23 years defense
Kevin Swingdoff 36 years only retained 36 years defense
Requirement 8–Facilities: Describe facility available to meet with clients and compliance
with ADA standards.
All McKenzie Defense attorneys maintain individual offices in downtown Eugene and/or
Springfield. All offices presently have accessibility compliant with ADA standards. The central
office in Eugene also has access to an ADA-compatible meeting room if it is required.
Requirement 9–Equipment: Describe equipment and electronic information systems
Proposer has or will obtain. If additional equipment or software will be purchased provide
a timeline for purchasing and training:
All participating attorneys have sufficient office equipment, including printers, copiers,
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telephones, facsimile machines and computers. McKenzie Defense is equipped with all
necessary equipment and systems, including computers, laser printer and copier, and phone
systems for use by the administrative staff at the central office, as well as backups for each.
Updated software was installed in the recent past for word processing, spreadsheets, and data
backup.
The Administrator and all participating attorneys are experienced in the use of the
equipment and information systems utilized in the performance of the current and proposed
contracts. Present attorneys are equipped to handle both in person and virtual appearances
through the use of computer cameras and GoTo Meeting software. If new software is required or
implemented by the court training and coordination will be held within a reasonable time by
McKenzie Defense.
Requirement 10–Professional Education and Supervision Plan: Describe management plan
for administrative support staff. Include training, Continuing Legal Education (CLE),
educational awareness of new developments in criminal and indigent defense-related case
law and procedures.
Supervision: Supervising attorneys are charged with ongoing professional development
and oversight of all attorneys. Each monitors the other attorneys as well as each other when in
the courtroom and occasionally will take an attorney aside to make an observation when it would
be helpful in their courtroom conduct or strategy. Meetings or phone calls take place regularly
between supervising attorneys to discuss concerns which may arise over attorneys or court
operations, and court supervisors are aware of their availability to discuss any matter concerning
personnel or general court operations or procedures. Additionally, meetings are held with all
attorneys with some regularity to discuss any concerns affecting all, changes in court policy or
operations, cases, and any other matters requiring their attention.
Training: The current roster of attorneys is well-schooled in Springfield practice and local
court practice. McKenzie Defense allows attorneys sufficient time to undergo continuing legal
education and local training seminars, and when relevant, forwards professional training
materials which become available. New attorneys shall receive a training program sufficient to
competently represent indigent clients in Springfield Municipal Court. McKenzie Defense also
require participating attorneys to maintain membership in the Oregon Criminal Defense Lawyer
Association (OCDLA). As a member of OCDLA, attorneys are on the criminal defense list
service, which keeps member attorneys updated on recent case law and legislation while
providing access to continuing legal education (CLE) materials. Membership also gives
participating attorneys full access to the OCDLA online Library of Defense. Attorneys are also
required to ensure they receive a minimum of 6 CLE credits (hours) elated to criminal defense
work each year. Information on upcoming conferences and training is provided to all attorneys
as such information is received.
Staff: Supervising attorneys are all responsible for the oversight of administrative
support staff. Lance D. Quaranto is responsible for daily supervision of the Administrators and
the resolution of any concerns or questions arising about operations.
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At this time, McKenzie Defense has two administrative support team members, Stacey
Colorado, who has 22 years of experience in law office management and procedures. Ms.
Colorado is up to date on technical training, office management, and technical systems. Leya
Perry is our second administrative staff member. Ms. Perry has been with us for almost two years
and is overseen by both Mr. Quaranto and Ms. Colorado.
Requirement 11–Transition Plan: Submit a plan that includes transition plans for
assuming caseload as of July 1, 2024, Roles and Responsibilities:
For the most part there will be no noticeable transition on the starting date of the
proposed contract, other than what will amount to minimal administrative matters. Case
appointments and their assignment to attorneys is expected to continue in the same manner as on
June 30, 2024. It is anticipated that attorneys appointed in all cases prior to the new start will
continue their representation therein, and that McKenzie Defense will remain responsible for
their administration and billing. Finally, supervisors and administrative staff will work with
Allie Sederlin and her staff to review current procedures and to identify any areas in need of
adjustment. In summary, it is anticipated the transition, to the limited extent necessary, will be
seamless.
Requirement 12–Diversity: Describe experience working with a diverse population and
addressing local community special interest issues. Specify diversity training plan for staff
and attorneys. In particular describe experience representing drug/alcohol-addicted
and/or mentally ill clients, and any strategies developed for providing services to these
populations.
Diversity: McKenzie Defense attorneys and staff firmly believe in accepting and
respecting others for their differences. These differences may be based on race, gender, sexual
orientation, ethnicity, socio-economic status, religious beliefs, political beliefs, age, mental
health conditions, and physical abilities to name a few. Participants are a diverse collection of
attorneys and staff, with a mix of females and males, ethnicities, ages, and beliefs. We believe a
diverse consortium ensures that the criminal defendants are fairly and properly represented.
By the very definition of indigent defense practice all of our attorneys have worked with
diverse clients in hundreds of cases. We routinely represent people who are unique from each
other and the attorney. As a group we strive to ensure we are accepting of all people and work
diligently to ensure they feel their attorney is there to help them.
Mental Health/Drug-Alcohol Afflicted Clients: Local community concerns which strain
all courts, and of particular interest the Springfield criminal justice system, are untreated mental
health affliction and drug/alcohol addiction. As attorneys with long-time experience practicing
indigent defense in that court, all McKenzie Defense attorneys have dealt repeatedly with cases
in which those afflictions impose obstacles to client comprehension of the charges they face and
related matters, and lobby for solutions and resolutions tailored more to the specific client
circumstances and intended to help them onto a path out of the entanglement their incapacities
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continually cause them with the criminal justice system, than occurs with standard sentencing
and the imposition of punishment.
One aspect of substance abuse that has changed significantly since the last RFP has been
the growing opioid crisis specifically fentanyl addiction. All of our attorneys have had clients
who have died from or are highly addicted to this substance. With the launch of the treatment
court in Springfield, SMART Court, the attorneys practicing with McKenzie Defense have
finally had an positive option in which to refer our clients. It was too often the case that our
attorneys would not have real options for our clients to access meaningful treatment. McKenzie
Defenses attorneys are committed to helping, when appropriate, our clients to get into SMART
court so that those defendants can start to make a difference in their own lives. Though none of
the present members of McKenzie Defense are part of the SMART court program per se, all of
the attorneys presently working with McKenzie Defense believe in its efficacy and have
attempted to integrate it into our overall practice.
Where SMART court is not an option our attorneys often help facilitate the entry of
clients into other treatment programs or homes where funding can be identified, contacting social
service providers about their availability to assist mentally ill clients or those suffering from
dementia or similar incapacity, contacting known family members to inquire about their
availability to assist, and exploring options for, and the availability of funding in the given
circumstances.
McKenzie Defense attorneys have participated in several mental health meetings
conducted by Judge Tierney with prosecution staff, jail staff, jail mental health workers, and
representatives from Lane County Behavioral Health to explore and consider options and
available resources to better assist those suffering from these afflictions. Mr. Quaranto along with
court staff, Judge Tierney, Matthew Dahlstrom from the city prosecutors office and local
treatment providers have developed the .370 docket which has streamlined court operations and
allowed for greater oversite and consistency when dealing with cases arising out of mental
illness.
While all of our attorneys are experienced in these matters and attuned to the presence of
these issues when they occur, several have extensive backgrounds and credentials in dealing with
and assisting these individuals, in addition to their work in the Springfield Court. A brief
summary of those follows:
Dustin Anderson: In addition to his representation of indigent defendants, Mr. Anderson
has represented clients in Eugene’s Community Court program as well a presently represents
individuals in Eugene’s Opportunity Docket. These are alterative speciality dockets that attempt
to address systemic issues facing Defendants in order to decrease the chances of recidivism.
Through that work he has developed an understanding and compassion that is essential when
representing indigent clients. Mr. Anderson has a calm and collected demeanor in helping these
individuals work through stressors in their lives such as lack of housing, mental health, substance
abuse and lack of employment.
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James Kolstoe: In addition to his representation of indigents spanning more than two
decades, Mr. Kolstoe at one time was responsible for representing clients facing civil
commitment for mental illness. He estimated he represented just under 200 clients while
working in that capacity. Through that work he developed the belief it is essential when
representing clients in this demographic to achieve an understanding with them to help guide
them towards more constructive ways of addressing problems in order to help them break the
cycle of misguided thinking resulting in conflicts with the criminal justice system.
Lance D. Quaranto: Presently Lance Quaranto attends to the mental health docket (also
known as the .370 docket) in Springfield Municipal Court. Mr. Quaranto has established
relationships with local mental health providers at Lane County Behavioral Health as well as the
doctors providing evaluations to the court in order to help his clients regain fitness and proceed
through their respective cases. The difficulties of this docket cannot be understated as criminal
proceedings can often be difficult to understand in the best of circumstances but mixing in
mental health issues often exacerbated by substance abuse requires a great attention to detail and
a compassion for the Defendants.
Lisette Spencer: As described in her brief biography in this Proposal, Ms. Spencer served
as a volunteer attorney to veterans and the aging for several years early in her career, many of
them suffering from mental health impairment, dementia, and drug/alcohol addiction of which
she assisted them in looking for solutions or treatment. In later years, as lead attorney in a grant-
funded program run by the Klamath County DA’s office to address and prosecute domestic
abuse, she worked extensively with mental health workers, social workers, police and agencies,
and victim advocates to address the impact of mental health and substance abuse issues on
families, victims, and the afflicted themselves. Through that she gained a sensitivity to those
suffering from those problems which she carries over to her work as an indigent defense
practitioner.
Kevin Swingdoff: Is presently conflict counsel in Eugene Municipal Court. The cases and
clients he represents are some of the most difficult clients to handle as they are often prone to
switch attorneys and be generally difficult to represent. Mr. Swingdoff has a calm and collected
demeanor and is very capable of representing all types of clients.
Requirement 13–References: Provide five (5) references for Indigent Defense Services for
organizations for whom you have provided similar services. The reference should include,
at a minimum, the name of the organization, the address, the contact person, title, email
address and a telephone number. References cannot include current City Staff.
McKenzie Defense was formed in early 2014 for the sole purpose of tendering a proposal
in response to the City’s then-pending request for proposal to provide indigent defense services.
As successful bidder it has performed that contract from its previous iteration as McKenzie
Defense Consortium beginning July 1, 2014 through June 30, 2018, through the present as
McKenzie Defense, providing no similar services to other organizations during that time. The
Request for References precludes current City Staff from being listed as references leaving
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McKenzie Defense in a bit of a quandary as there are no other organizations or persons for which
it as an entity has provided defense services.
As the Interim Director, Mr. Quaranto’s references should be looked at more closely as he
will be the point of contact between the City and McKenzie Defense. However, one of the few
people presently working with all of the attorneys in McKenzie Defense but not a member of
City Staff is Tonya Cochran. Ms. Cochran is a familiar face in this court and in others and is a
valued colleague with whom all of the McKenzie Defense attorneys work. Another reference
familiar with all of our attorneys and our court is translator John Morrell.
Tonya Cochran John Morrell
Quality Research Associates Certified Court Translator
288 Mill St M2, 541-221-2653
Springfield, OR 97477 morrelljm@comcast.net
541-343-0365
tonyac@qraes.org
References for Proposer’s individual attorneys and staff are as follows:
Dustin Anderson
!Honorable Martin M. Fisher, Cottage Grove Municipal Court Judge, 400 E. Main Street,
Cottage Grove, OR 97424; Phone: (541) 767-4115; Email: marmfis@saif.com
!Honorable Richard B. Brissenden II, Florence Municipal Court, 900 Greenwood Street,
Florence, OR 97439; Phone: 541-997-3123; Email: rick@justicesalem.com
!Honorable Richard Fredricks, Eugene Municipal Court 1102 Lincoln Street Eugene, OR
97401 541-682-5400
!Honorable Greg Gill Eugene Municipal Court 1102 Lincoln Street Eugene, OR 97401
541-682-5400
!Angela Ott, Court Administrator Florence Municipal Court 900 Greenwood Street,
Florence, OR 97439; Phone: 541-997-3123
James Kolstoe
!Jessie London, Coburg City Prosecutor 66 Club Road, Suite 200Eugene, OR 97401
503-887-3107 jessie@londonparislaw.com
! James Strickland, Springfield Municipal Court Presiding Judge (Retired)
834 Brookside Drive, Eugene, OR 97405 541-344-8624 jims7law@comcast.net
!Mandy Balcom, Coburg Municipal Court Clerk 91136 N. Willamette Street, Coburg/
PO Box 8146, OR 97408 541-682-7859 mandy.balcom@ci.coburg.or.us
!Michelle Rounsaville, Cottage Grove Municipal Court Clerk 400 E. Main Street,
Cottage Grove, OR 97424 541-767-4115 courtclerk@cottagegrove.org
!Jerome C. Vergamini, MD, psychatrist handling fitness evaluations by appointment of
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Springfield Municipal Court 30 E. 33rd Avenue #5937, Eugene OR 97405-3819
jeromev@uoregon.edu
Lance Quaranto
!Honorable Richard B. Brissenden II, Florence Municipal Court, 900 Greenwood Street,
Florence, OR 97439; Phone: 541-997-3123; Email: rick@justicesalem.com
!Honorable Amy Lindgren Oregon City Municipal Court 1234 Linn Ave. Oregon City, OR
97045 (503) 905-3675 alindgren@orcity.org
!Honorable Martin M. Fisher, Cottage Grove Municipal Court Judge, 400 E. Main Street,
Cottage Grove, OR 97424; Phone: (541) 767-4115; Email: marmfis@saif.com
!Daniel J. Stotter, Stotter & Associates, LLC, 408 SW Monroe, Ste. M-210E Corvallis,
OR 97333; Phone: (541) 738-2601; Email: dstotter@qwestoffice.net
!C. Peter Sorenson, Sorenson Law Office, PO Box 10836, Eugene, OR 97440; Phone:
(541) 606-9173; Email: petesorenson@gmail.com
Lisette Spencer
!Judge Andrea Janney, Circuit Court Judge, Klamath County Courthouse, 316 Main
Street, Klamath Falls, OR 97601; Phone: 541-883-5503
!Bill Kellogg, Information Security Officer, Oregon DOC, 3601 State Street, Salem OR
97301; Phone: 503-373-7006-work; 541-953-8205-Cell
!Monte Ludington, Umatilla County Deputy District Attorney, 216 SE 4th Street,
Pendleton OR 97801; Phone: 541-278-6270; monte.ludington@umatillacounty.net
!Dave Groff, Former Chief Deputy District Attorney, Klamath County, Oregon and
Counsel for Klamath County; david.groff@oit.edu
Kevin Swingdoff
!Stephen Behrends Phone# 541-344-7472
!Lynn Shepard Phone # 541-685-1288
!Terri Wood Phone # 541-844-9369
!Honorable Richard Fredricks, Eugene Municipal Court 1102 Lincoln Street Eugene, OR
97401 541-682-5400
!Honorable Richard B. Brissenden II, Florence Municipal Court, 900 Greenwood Street,
Florence, OR 97439; Phone: 541-997-3123; Email: rick@justicesalem.com
Stacey Colorado - Administrator
!James C. Jagger, 3457 Whisper Lane, Eugene, Oregon 97401; Phone: 541-913-5194;
Email: jimcjagger@aol.com
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!Patricia Jaqua, 3457 Whisper Lane, Eugene, Oregon 97401; Phone: 541-729-4737;
Email: jaquapoj@yahoo.com
!Ralph A. Bradley, Ralph A. Bradley, P.C., 470 West Broadway, Eugene, Oregon 97401;
Phone: 541-344-3446; Email: ralphbradley@comcast.net
!Lynn Bike, Aloha Bookkeeping Company, LLC, 1710 Oakhurst Court, Eugene, Oregon
97402; Phone: 541-579-4911; Email: lbike@yahoo.com
!Gregory L. Strausbaugh, A&M Towing and Recovery, 430 West 1st Avenue, Eugene,
Oregon 97401; home: 541-344-2428, cell: 541-501-3135 gregory.strausbaugh@att.net
Leya Perry - Clerk
!Brittany McCoy, 4740 Union Terrace Dr. Springfield, Oregon 97478; 541-954-9156
!Stacey Colorado 541 Willamette Street, Suite 110 Eugene, OR 97401 541-915-0823
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