Title
Approve and authorize the Contracts/Purchasing Officer to sign Amendment No. 2 to the Professional Services Agreement with Scott Erdbacher for legal representation of indigent defendants in adult criminal cases, modifying insurance provisions.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Approve and authorize the Contracts/Purchasing Officer to sign Amendment No. 2 to the Professional Services Agreement with Scott Erdbacher for legal representation of indigent defendants in adult criminal cases, modifying insurance provisions.
SUMMARY/DISCUSSION:
On July 25, 2017, the Board of Supervisors approved a Professional Services Agreement with attorney Scott Erdbacher for legal representation of indigent defendants in adult criminal cases, working through the Monterey County Alternate Defender's Office. On July 17, 2018, the Board approved Amendment No. 1 to the Erdbacher Professional Services Agreement, extending the agreement through June 30, 2019.
Amendment No. 2 to this agreement is now before the Board for its consideration. Attorney Erdbacher has met the insurance requirements imposed by his Professional Services Agreement, with the exception of providing an endorsement to his automobile insurance policy, naming the County as an additional insured. Attorney Erdbacher has provided the County with proof of automobile insurance coverage in the required amount; his insurer, however, will not provide the endorsement in question. Proposed Amendment No. 2 deletes the endorsement requirement.
Attorney Erdbacher presently has no employees and therefore is not required by law to purchase workers' compensation insurance. Proposed Amendment No. 2 recognizes this fact and provides that should he hire employees during the term of the Agreement, he will obtain workers' compensation insurance as required by law and by his Professional Services Agreement with the County.
Monterey County has a Constitutional obligation to provide legal...
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