File #: A 24-322    Name: ADO FY24/25 PSAs
Type: BoS Agreement Status: Passed
File created: 6/13/2024 In control: Board of Supervisors
On agenda: 6/25/2024 Final action: 6/25/2024
Title: a. Approve and authorize the Contracts/Purchasing Officer to execute Professional Services Agreements ("PSAs") for legal representation in indigent adult criminal cases, through the Alternate Defenders Office, each with a term of July 1, 2024, through June 30, 2025, with the following attorneys in these total contract amounts: Kelly Duncan for $105,000; Jan Lindberg for $115,000; Tara Higgins for $155,000; Richard West for $155,000; and Shane Kelly for $155,000; and b. Approve and authorize the Contracts/Purchasing Officer to execute PSAs for legal representation in indigent juvenile criminal cases, through the Alternate Defenders Office, each with a term of July 1, 2024, through June 30, 2025, with the following attorneys in these total contract amounts: Elliott Sanford for $105,000 and Jeffrey Gobell for $120,000; and c. Approve non-standard insurance provisions in each of the PSAs, as recommended by the Public Defender; and d. Approve and authorize the Contracts/Purchasing Officer t...
Attachments: 1. Board Report, 2. ADO PSA FY24/25 E. Sanford, 3. ADO PSA FY24/25 J. Gobell, 4. ADO PSA FY24/25 K. Duncan, 5. ADO PSA FY24/25 J Lindberg, 6. ADO PSA FY24/25 T. Higgins, 7. ADO PSA FY24/25 R. West, 8. ADO PSA FY24/25 S. Kelly, 9. Completed Board Order Item No. 73

Title

a. Approve and authorize the Contracts/Purchasing Officer to execute Professional Services Agreements (“PSAs”) for legal representation in indigent adult criminal cases, through the Alternate Defenders Office, each with a term of July 1, 2024, through June 30, 2025, with the following attorneys in these total contract amounts: Kelly Duncan for $105,000; Jan Lindberg for $115,000; Tara Higgins for $155,000; Richard West for $155,000; and Shane Kelly for $155,000; and

b. Approve and authorize the Contracts/Purchasing Officer to execute PSAs for legal representation in indigent juvenile criminal cases, through the Alternate Defenders Office, each with a term of July 1, 2024, through June 30, 2025, with the following attorneys in these total contract amounts: Elliott Sanford for $105,000 and Jeffrey Gobell for $120,000; and

c. Approve non-standard insurance provisions in each of the PSAs, as recommended by the Public Defender; and

d. Approve and authorize the Contracts/Purchasing Officer to execute up to two (2) no-cost, no-extension amendments to each of these agreements, subject to County Counsel and Auditor-Controller review and provided there is no significant change to the scope of work.

 

Report

RECOMMENDATION:

a.  Approve and authorize the Contracts/Purchasing Officer to execute Professional Services Agreements (“PSA”) for legal representation in indigent adult criminal cases, through the Alternate Defenders Office, with terms of July 1, 2024, through June 30, 2025, with the following attorneys in these total contract amounts: Kelly Duncan for $105,000; Jan Lindberg for $115,000; Tara Higgins for $155,000; Richard West for $155,000; and Shane Kelly for $155,000; and

b.                     Approve and authorize the Contracts/Purchasing Officer to execute PSAs for legal representation in indigent juvenile criminal cases, through the Alternate Defenders Office, with terms of July 1, 2024, through June 30, 2025, with the following attorneys in these total contract amounts: Elliott Sanford for $105,000 and Jeffrey Gobell for $120,000; and

c.                     Approve non-standard insurance provisions in each of the PSAs, as recommended by the Public Defender; and

d.                     Approve and authorize the Contracts/Purchasing Officer to execute up to two (2) no-cost, no-extension amendments to each of these agreements, subject to County Counsel and Auditor-Controller review and provided there is no significant change to the scope of work.

 

SUMMARY:

The Monterey County Alternate Defender’s Office (ADO) finds it necessary to assign qualified trial counsel to represent indigent defendants, other parties, or juvenile offenders in cases in which the Monterey County Public Defender has declared a conflict of interest and the courts appoint the ADO to serve as counsel. 

 

To fulfill these alternate defense requirements, and to obtain qualified outside professional legal services, the ADO solicited qualifications from legal firms and/or attorneys to provide legal representation for adult criminal clients and juvenile offers - Request for Proposals (RFP) #10921       and Request for Proposals (RFP) #10922. Following the evaluation of proposals submitted and an interview process, seven attorneys were selected to provide defense services. The ADO recommends that the Board authorize the Contracts/Purchasing Officer to execute contracts with the Law Office of Elliott Sanford, Law Office of Jeffrey Gobell, Law Office of Kelly Duncan, Law Office of Jan Lindberg, Law Office of Tara Higgins, Law Office of Richard West, and Law Office of Shane Kelly for criminal defense services for the fiscal year 2024/2025.  The ADO further recommends that the Board authorize the Contracts/Purchasing Officer to execute up to  extensions of two (2) these agreements by amendment, for one additional year per amendment.

 

 

DISCUSSION:

Language has been added to the proposed Professional Services Agreements to ensure that legal services are provided in compliance with ADO policies regarding legal representation and procedures.  The proposed Professional Services Agreements are attached to this Board report and are on file with the Clerk to the Board’s Office.

 

OTHER AGENCY INVOLVEMENT:

The ADO worked with the Contracts/Purchasing Division during the RFP solicitation to ensure the process was fair and transparent.  County Counsel and the Auditor-Controller have reviewed and approved these Agreements as to legal form and fiscal provisions respectively.  All the insurance and indemnifications are compliant with the standard requirements set forth by the Risk Manager.

 

FINANCING:

The annual compensation for each of the contracts is funded through Fund 001-Public Defender PUB001-2270-Budget Unit 8168-Court Assigned Counsel, as follows:

 

Contractor                                                                                                                    Maximum Annual Amount                                          Case Type

Law Office of Elliott Sanford                     $105,000.00                                                               Juvenile

Law Office of Jeffrey Gobell                     $120,000.00                                          Juvenile Coordinator            

Law Office of Kelly Duncan                     $105,000.00                                                               Misdemeanor

Law Office of Jan Lindberg                                          $115,000.00 Felony (excluding life exposure);

                                                                                                                              Misdemeanor

Law Office of Tara Higgins                     $155,000.00                                                               Felony

Law Office of Richard West                     $155,000.00                                                               Felony

Law Office of Shane Kelly                     $155,000.00                                                               Felony

 

Funding for the Agreements are included in the FY 2024-2025 Approved Budget and will be included in the FY 2025-26 Requested Budget, Budget Unit 8168-Court Assigned Counsel.  Approval of the recommended actions will have no additional impact on the County General Fund.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

 

PUBLIC SAFETY:  The Alternate Defender Office will strive to protect the constitutional rights of the indigent by providing them quality representation in a society free and safe from unlawful State interference, by vigorously defending individual rights where the Public Defender has a conflict of interest.

 

Prepared by: Laura Henderson, Management Analyst, ext.6054 __________________________

Approved by: Susan Chapman, Public Defender, ext.5806______________________________

 

 

 

 

 

Attachments:  1 through 7

Attachment 1: Agreement Elliott Sanford

Attachment 2: Agreement Jeffrey Gobell

Attachment 3: Agreement Kelly Duncan

Attachment 4: Agreement Jan Lindberg

Attachment 5: Agreement Tara Higgins

Attachment 6: Agreement Richard West

Attachment 7: Agreement Shane Kelly