To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Contract with Independent Counsel, Inc.
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Independent Counsel, Inc. in an amount not to exceed $18,000,000 for mandated criminal conflict defense and other non-criminal legal services for the County's conflict program for the period July 1, 2025 through June 30, 2028, with two two-year renewal options, subject to approval by the County Administrator and approval as to form by County Counsel's Office.
FISCAL IMPACT:
Contractual services expenditures of $5,000,000 are included in the FY 2025-26 Conflict Defense services budget, which is administered by the County Administrator's Office. The contract payment limit provides flexibility should additional or infrequent high-cost mandated criminal legal defense services arise, and a budget amendment will be submitted at that time if needed. The proposed initial 3-year contract rates continue to afford an approximate 5% annual increase, due to the high demand and competitive environment of maintaining a robust and experienced panel of conflict defense attorneys.
BACKGROUND:
For over 30 years, the County has contracted the administration of a criminal conflict program for the provision of indigent defense services for clients that cannot be represented by the Public Defender's Office or the Alternate Defender's Office. This has involved several tasks: maintaining a list of qualified, independent attorneys willing to take cases that are referred from the County or the Contra Costa County Superior Court, assigning the cases to each attorney, verifying 'billable hours' and seeing that the individual attorneys are paid pursuant to contracted rates. The County, in turn, reimburses the contractor for its services and those of the independent attorneys.
On May 23, 20...
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