Title
Approve and authorize the Contracts/Purchasing Officer to sign Amendment No. 2 to the Professional Services Agreement with Kelly Duncan 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 Kelly Duncan 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 Kelly Duncan 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 Duncan 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 Duncan has met the insurance requirements imposed by her Professional Services Agreement, with the exception of providing an endorsement to her automobile insurance policy, naming the County as an additional insured. Attorney Duncan has provided the County with proof of automobile insurance coverage in the required amount; her insurer, however, will not provide the endorsement in question. Proposed Amendment No. 2 deletes the endorsement requirement.
Monterey County has a constitutional obligation to provide legal representation for indigent persons accused of criminal violations in which the Monterey County Public Defender has declared a conflict of interest. Attorney Duncan's services are needed to fulfill this constitutional obligation. Conversely, the risk posed to the County by proceeding with the Agreement without being named as an additional insured on her automobile insurance policy is assessed a...
Click here for full text