HomeMy WebLinkAboutItem 17 Municipal Court Prosecutor Services to the City of Springfield AGENDA ITEM SUMMARY Meeting Date: 7/16/2012
Meeting Type:Regular Meeting
Staff Contact/Dept.: Jeff Towery/CMO
Staff Phone No: 541-726-3627
Estimated Time: 10 minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Financially Responsible
and Stable Government
Services
ITEM TITLE: MUNICIPAL COURT PROSECUTOR SERVICES TO THE CITY OF
SPRINGFIELD.
ACTION
REQUESTED:
Move to authorize/not authorize the City Manager to negotiate an agreement with
the law firm of Leahy, Van Vactor, Cox and Melendy for Prosecutor Services for
the period from Jan 1, 2012 to June 30, 2013.
ISSUE
STATEMENT:
The City of Springfield contracts for municipal prosecutor services. The current
contract with David Logan expires on December 31, 2012. If so directed by the
Council, a new contract with the firm of Leahy, Van Vactor, Cox and Melendy
beginning January 1, 2013 will be needed.
ATTACHMENTS: Attachment 1: Council Briefing Memorandum
Attachment 2: Letter of Qualification from David Logan to provide Municipal
Prosecutor Services to the City of Springfield
Attachment 3: Letter of Qualification from the law firm of Leahy, Van Vactor, Cox
and Melendy to provide Municipal Prosecutor Services to the City of Springfield
Attachment 4: Review Scorecard for Letters of Qualification
DISCUSSION/
FINANCIAL
IMPACT:
See Council briefing memo.
After a Work Session and Regular Meeting discussion on July 2, 2012, including
related testimony under Business from the Audience, the Council asked the
Finance/Judiciary Committee to review the matter, conduct additional interviews
with the two respondents and bring a Committee recommendation to the Council
prior to Summer Recess. The Committee will meet on July 16, 2012 and carry its
recommendation to the full Council during the Regular Meeting.
It is the staff recommendation that the Council authorize Gino Grimaldi, City
Manager, to negotiate and sign a contract with the law firm of Leahy, Van Vactor,
Cox and Melendy.
M E M O R A N D U M City of Springfield 7/12/2012Page 1
M E M O R A N D U M City of Springfield
Date: 7/16/2012
To: Gino Grimaldi COUNCIL
From: Jeff Towery, Asst. City Manager
Jayne McMahan, Finance
BRIEFING
Subject: MUNICIPAL COURT PROSECUTOR
SERVICES TO THE CITY OF
SPRINGFIELD.
MEMORANDUM
ISSUE: The City of Springfield contracts for municipal prosecutor services. The current
contract with David Logan expired on June 30, 2012 and was extended to December 31, 2012
following the July 2, 2012 Council meeting. A new City Prosecution services contract beginning
January 1, 2013 will be needed.
COUNCIL GOALS/
MANDATE:
Financially Responsible and Stable Government Services
Periodic review of contracts to ensure that the City is obtaining the best value for the taxpayers
money and to ensure that the best in breed services are being obtained.
BACKGROUND:
In a Finance and Judiciary Committee review January 7th Council Work session it was
recommended the staff embark on a sourcing exercise for the City Prosecution Services.
In April 2012 a Request for Qualifications (RFQ) was publically issued in accordance with City
purchasing guidelines. The City received three responses – the incumbent, David Logan, Lane
County District Attorney’s office and the law firm of Leahy, Van Vactor, Cox and Melendy.
The Letter of Qualification’s submitted by the three firms were evaluated by the City Manager’s
office, Chief of Police, the presiding Judge, Court Supervisor and the Finance office.
Subsequent to a round table discussion of the Letters of Qualifications by the review panel the
City conducted interviews with David Logan and the law firm of Leahy, Van Vactor, Cox and
Melendy.
After careful consideration of the Letters of Qualifications and the interview process the City
found that it is in its interest to negotiate a contract with the law firm of Leahy, Van Vactor, Cox
and Melendy. The proposed change will result in an annual cost savings of $56,419 just for the
contractual piece. There will also be additional bench strength with respect to Attorney’s in the
Prosecutors office and a new streamlined process in terms of prosecution and settlement offers
for both the Courts and the defendants. It is anticipated that this streamline process will result in
additional cost savings to the City both hard and soft. Additional hard cost savings will be
expected to be reduced Court and Police staff time, reduced indigent defense costs and office
supplies.
In recognition of the quality and length of service by David Logan and the need for a thoughtful
and orderly transition, staff recommended a six month extension with David Logan. Council
ATTACHMENT 1, Page 1 of 2
MEMORANDUM 7/12/2012 Page 2
ATTACHMENT 1, Page 2 of 2
approved that extension during the July 2, 2012 regular meeting. The six month agreement with
David Logan results in a monthly cost of $19,398, which is no change from the current amount.
The contract covers the cost of the City Prosecutor. The full amount of the contract is included
in the FY2012-13 budget.
Under the terms of the proposed agreement, the City Prosecutor will provide approximately 135
hours of professional legal services per month for the City. In addition, the City Prosecutor is
required to employ clerical support necessary to carry out the work of the City Prosecutor’s
Office.
The “to be negotiated” annual contract with the law firm of Leahy, Van Vactor, Cox and
Melendy will not exceed $186,220.80. The full amount of the contract is included in the
FY2012-13 budget.
Under the terms of the RFQ requirements and to be negotiated contract, the City Prosecutor will
provide weekly professional legal services Monday through Friday 8am to 5pm for the City. In
addition, the City Prosecutor is required to employ clerical support necessary to carry out the
work of the City Prosecutor’s Office.
RECOMMENDED ACTION:
It is recommended that the Council authorize Gino Grimaldi, City Manager, to negotiate and
sign a contract with the law firm of Leahy, Van Vactor, Cox and Melendy.
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1
MCMAHAN Jayne
From:Matt Cox [mjc@emeraldlaw.com]
Sent:Monday, June 04, 2012 11:15 AM
To:MCMAHAN Jayne
Subject:RFQ#740-Municipal Court Prosecutor Services-Talent hours and rates
Jayne,
The following is a breakdown of proposed attorney and support staff costs with benefits. Our office
provides benefits to all of its staff and attorneys. We have found over decades of experience that
one of the best ways to retain highly qualified, dedicated and long term employees is to provide
competitive benefits. Our staff benefits include: Paid Time Off accrual, medical, dental, optical
(PacificSource), FireMed insurance, AFLAC insurance, long term disability and an IRA match benefit.
As mentioned in the RFQ submittal, our proposal is to have an attorney on site 8:00 am - 12:00 pm
Monday through Friday and in court in the afternoon, when scheduled. Further, an attorney will
always be available for staff, defense attorney, SPD, etc. communication 8:00 am - 5:00 pm Monday
through Friday at our B Street Office. We also intend to have one full time (FTE) support staff
member at the City Prosecutor’s Office in the Justice Center location Monday through Friday 8:00 am
-5:00 pm.
The following estimate is bench marked upon last year’s Springfield City Attorney contract 135 hour
requirement. Our office understands and fully expects that there will be months where the amount
of attorney hours involved in prosecution services is substantially over the 135 hour per month
average. We understand that the compensation does not go up for these overages. This will include
SPD training, after hours work, trial days, etc.
Benefitted Attorney Cost. Estimated monthly hours 135 plus hours dedicated to prosecution
services or 6.75 hours per day. Hourly rate with benefits $89.03.
Benefitted Legal Assistant Cost. Legal Assistant hourly rate including benefits equals $20.21
base hourly rate. As mentioned above, a Legal Assistant will staff the City Prosecutor’s office at the
Justice Center location 40 hours per week. The cost to our office to provide this staff member at the
Justice Center with benefits is $42,021.00 per year or $3,501.75 per month. As noted in the RFQ
proposal, our intent and goal is to retain the equivalent of 1 full time employee from the existing City
Prosecutor staff if they are interested and we feel they are a good fit for our operation. Our firm has
multiple legal assistants at our B Street office location who will also be able to provide support
services to the City Prosecutor attorneys as part of our proposal or who could rotate in at the Justice
Center office when needed. If it became necessary to have additional part-time, non-benefitted
employees at the City Prosecutor’s office, we would employ such staff at our cost. We would eat that
cost.
Talent Table/Comparison:
Estimated Monthly
Hours
Base Hourly RateBase Hourly Rate with
Benefits
Attorneys 135+ $72.00$89.03
Staff 160 $15.00$20.21
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2
(1 FTE@Justice Center
Location-full time)
Thanks. Please confirm your receipt.
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ATTACHMENT 4
City of Springfield
City Manager's Office
RFQ# 740 Municipal Court Prosecutor Services
Consolidated Review Card Reviewers: Gino Grimaldi, Jeff Towery, Bob Duey, Jerry Smith, Jim Strickland, Kathy Cunningham & Jayne McMah
Meets Exceeds Doesn't
Meet TotalMeets Exceeds Doesn't
Meet Total
TOTAL 62291911091191111
1. Describe your experience with criminal law processes.16
7 43
7
2. Describe your background, including the number of years in
prosecution work and litigation experience. Describe any specific
experience in Municipal prosecution. Include a statement describing
why are you qualified to perform the work outlined in this RFQ and
detailing the proposed approach to performing this work.
25
7 52
7
3. Submit an up-to-date resume(s). Also, include proof that you are
licensed to practice law in the State of Oregon and are an active
member in good standing with the Oregon State Bar.
61
7 7
7
4. What steps will you take as Prosecutor to assure that violators are
prosecuted to the full extent of our community’s standards?
52
7 61
7
5. Please discuss fully your philosophy pertaining to pretrial
settlement processes, plea bargaining and or trials and how you
would apply it in this position.
223
7 34
7
6. What steps would you take to assure a timely resolution of cases,
staff requests and related matters?
322
7 52
7
7HowwouldyoudescribetheroleofCityProsecutorandits
Application Questions
Supplier: LoganSupplier: Leahy, VV, C, & M
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7. How would you describe the role of City Prosecutor and its
relationship to the Court, Police Department, victims, witnesses and
the community?
232
7 7
7
8.Describe the approach you would use to communicate and
coordinate with Prosecution Office staff, defense attorneys, victims,
and the Municipal Court Staff.
421
7 7
7
9. As Prosecutor how will you handle subpoenas, discovery and
related public disclosure requests? 214
7 7
7
10. The City strives to continually improve internal processes.
Please discuss what your philosophy is regarding how technology
might improve your processes. Please include your ideas on
improvements that can be made in the criminal justice system
(stakeholders such as Police, Courts, Criminal Defense Attorneys,
forensic service providers, etc) from your personal observations and
or experiences in dealing with criminal case work.
214
7 43
7
11. If not using the office space, hardware, computer records
management software provided by the city discuss your plans for
providing a network system that can interface with the City system
to provide for the transmission of e-mail, documents, spreadsheets
and any necessary billing data.
61
7 7
7
12.What level of availability would you have to Police department
and other staff during both working and off hours?
61
7 421
7
13.Provide three references who can be contacted for confirmation
regarding your past experience and quality of services in Municipal
Court Prosecution. Include contact name, current phone number and
email address.
61
7 7
7
14.Please submit a proposed schedule of fees and costs you would be
seeking as compensation. (Final agreement will be negotiated under
an independent contractor contract or other similar agreement.)
42
6 7
7
15.Please submit a transition plan that includes- timing, roles and
responsibilities
61
7 52
7
responsibilities.
16.Provide any other information you believe is important or
relevant to the RFQ.
51
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han
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