Title
a. Approve and authorize the Contracts/Purchasing Officer to execute a Professional Services Agreement (“PSA”) with Elliott S. Sanford for legal representation in indigent juvenile criminal cases, through the Alternate Defenders Office, with a term of July 1, 2022 through June 30, 2023, in the amount of $86,231; and
b. Approve non-standard insurance provisions in PSA, as recommended by the Public Defender.
c. Approve and authorize the Contracts/Purchasing Officer to execute up to three (3) amendments, extending the terms of each by one (1) fiscal year per amendment, provided there is no significant change to the scope of work or increase in cost that exceeds ten percent ($8,623) of the original amount of the Agreement.
Report
RECOMMENDATION:
a. Approve and authorize the Contracts/Purchasing Officer to execute a Professional Services Agreement (“PSA”) with Elliott S. Sanford for legal representation in indigent juvenile criminal cases, through the Alternate Defenders Office, with a term of July 1, 2022 through June 30, 2023, in the amount of $86,231; and
b. Approve non-standard insurance provisions in PSA, as recommended by the Public Defender.
c. Approve and authorize the Contracts/Purchasing Officer to execute up to three (3) amendments, extending the terms of each by one (1) fiscal year per amendment, provided there is no significant change to the scope of work or increase in cost that exceeds ten percent ($8,623) of the original amount of the Agreement.
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 juvenile offenders - Request for Proposals (RFP) #10838. Following the evaluation of proposals submitted and an interview process, Elliot S. Sanford was selected to provide defense services. The ADO recommends that the Board authorize the Contracts/Purchasing Officer to execute a contract with the Law Office of Elliott S. Sanford for criminal defense services for the fiscal year 2022/2023. The ADO further recommends that the Board authorize the Contracts/Purchasing Officer to execute up to three extensions of these agreements by amendment, for one additional year per amendment.
DISCUSSION:
Language has been added to the proposed Professional Services Agreement to ensure that legal services are provided in compliance with ADO policies regarding legal representation and procedures. The proposed Professional Services Agreement is attached to this Board report and is 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.
FINANCING:
The annual compensation for this contract 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 S. Sanford $86,231.00 Juvenile
Funding for the Agreement is included in the FY 2022-2023 Adopted Budget and will be included in the FY 2023-24 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______________________________
Attachment 1: Agreement Elliott S. Sanford