File #: 18-906    Name:
Type: General Agenda Item Status: Consent Agenda
File created: 9/7/2018 In control: Board of Supervisors
On agenda: 9/25/2018 Final action:
Title: Approve and authorize the Contracts/Purchasing Officer to sign Amendment No. 2 to the Professional Services Agreement with Roland Soltesz for legal representation of indigent defendants in adult criminal cases, modifying insurance provisions.
Attachments: 1. Board Report, 2. Amend.No 2 FY 19 Soltesz, 3. Amend.No1 FY19 Soltesz, 4. PSA FY 18 Soltesz, 5. 28. Completed Board Order
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Title

Approve and authorize the Contracts/Purchasing Officer to sign Amendment No. 2 to the Professional Services Agreement with Roland Soltesz 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 Roland Soltesz for legal representation of indigent defendants in adult and juvenile criminal cases, modifying insurance provisions.

 

SUMMARY/DISCUSSION:

 

On July 25, 2017, the Board of Supervisors approved a Professional Services Agreement with attorney Roland Soltesz for legal representation of indigent defendants in adult and juvenile criminal cases, working through the Monterey County Alternate Defender’s Office.  On July 17, 2018, the Board approved Amendment No. 1 to the Soltesz 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 Soltesz has met the insurance requirements imposed by his Professional Services Agreement, with the exception of providing endorsements to his general commercial liability and his automobile insurance policies, naming the County as an additional insured.  Attorney Soltesz has provided the County with proof of general commercial liability and automobile insurance coverage in the required amount; his insurers, however, will not provide the endorsements in question.  Proposed Amendment No. 2 deletes the endorsement requirements.

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 Soltesz’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 his general commercial and automobile insurance policies is assessed as low.

Accordingly, the Public Defender recommends that the Board approve Amendment 2 in order to retain Attorney Soltesz’s services and to meet the County’s constitutional obligations to provide indigent legal defense services.

All other terms and conditions of Attorney Soltesz’s Professional Services agreement, previously approved by the Board, remain unchanged by Amendment No. 2.

OTHER AGENCY INVOLVEMENT:

County Counsel has reviewed Amendment No. 2 as to form.

 

FINANCING:

Funding for the Professional Services Agreement is included in the FY 2018-2019 Approved Budget and will be included in the FY 2019-20 Requested Budget, Budget Unit 8168-Court Assigned Counsel.  Proposed Amendment No. 2 has no impact on the funding previously approved by the Board and will have no additional impact on the County General Fund.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

 

PUBLIC SAFETY:  Acceptance of the recommendations in this report ensures the continuation of criminal defense services to the indigent.

 

Public Safety

 

 

Prepared by: Latasha Ellis, Management Analyst, ext.5082

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

 

Attachments:

Professional Services Agreement with Roland Soltesz

Amendment No.1 to Professional Services Agreement with Roland Soltesz

Proposed Amendment No. 2 to Professional Services Agreement with Roland Soltesz